Security Zone; Sea Buoy at the Entrance of St. Mary's River to Kings Bay, GA, 70491-70493 [05-23097]

Download as PDF Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations Integration (DUSD (PI)); the Assistant Secretary of Defense for Health Affairs; the Assistant Secretary of Defense for Networks and Information Integration (ASD(NII))/Chief Information Officer (CIO); the Director, Executive Services and Communications Directorate, Washington Headquarters Services (WHS); the GC, DoD; and the Director for Information Technology Management Directorate (ITMD), WHS. The designees also may be the principal point of contact for the DoD Component for privacy matters. * * * * * (b) * * * (1) Membership. The Board shall consist of the DA&M, OSD, who shall serve as the Chair; the Director of the Defense Privacy Office, DA&M, who shall serve as the Executive Secretary; and the following officials or their designees: The representatives designated by the Secretaries of the Military Departments; the DUSD (PI); the ASD (NII)/CIO; the GC, DoD; the Inspector General, DoD; the ITMD, WHS; and the Director, Defense Manpower Data Center. The designees also may be the principal points of contact for the DoD Component for privacy matters. * * * * * (c) * * * (1) The Committee shall consist of the Director, Defense Privacy Office, DA&M, who shall serve as the Chair and the Executive Secretary; the GC, DoD, or designee; and civilian and/or military counsel from each of the DoD Components. The General Counsels (GCs) and The Judge Advocates General of the Military Departments shall determine who shall provide representation for their respective Department to the Committee. This does not preclude representation from each office. The GCs of the other DoD Components shall provide legal representation to the Committee. Other DoD civilian or military counsel may be appointed by the Executive Secretary, after coordination with the DoD Component concerned, to serve on the Committee on those occasions when specialized knowledge or expertise shall be required. * * * * * (d) The Defense Privacy Office. * * * * * (2) * * * (vi) Review proposed DoD Component privacy rulemaking, to include submission of the rule to the Office of the Federal Register for publication and providing OMB and the Congress reports, consistent with 5 U.S.C. 552a, VerDate Aug<31>2005 15:28 Nov 21, 2005 Jkt 208001 OMB Circular A–130, and DoD 5400.11– R. * * * * * (x) Compile and submit the ‘‘Biennial Matching Activity Report’’ to the OMB as required by OMB Circular A–130 and DoD 5400.11–R, and such other reports as required. * * * * * Dated: November 16, 2005. L.M. Bynum, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–23070 Filed 11–21–05; 8:45 am] BILLING CODE 5001–06–M DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05–05–129] RIN 1625–AA–09 Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Berkley Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River in Norfolk, Virginia. To facilitate electrical and mechanical repairs, this deviation allows the drawbridge to remain closed-to-navigation each day, from 7 a.m. to 7 p.m., on four two-day closure periods: November 29 & 30, 2005; December 28 & 29, 2005; January 24 & 25, 2006; and February 21 & 22, 2006. DATES: This deviation is effective from 7 a.m. on November 29, 2005, to 7 p.m. on February 22, 2006. FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398– 6629. SUPPLEMENTARY INFORMATION: The Berkley Bridge, a lift-type drawbridge, has a vertical clearance in the closed position to vessels of 48 feet, at mean high water. The bridge owner, the Virginia Department of Transportation, has requested a temporary deviation from the current operating regulation set out in 33 CFR 117.1007, to effect electrical and mechanical repairs of the draw span. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 70491 To facilitate the repairs, the drawbridge will be closed to navigation each day, from 7 a.m. to 7 p.m., on four two-day closure periods: November 29 & 30, 2005; December 28 & 29, 2005; January 24 & 25, 2006; and February 21 & 22, 2006. During these periods, the repairs require immobilizing the operation of the lift span in the closedto-navigation position. At all other times, the drawbridge will operate in accordance with the current operating regulations outlined in 33 CFR 117.1007. The Coast Guard has informed the known users of the waterway so that they can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 10, 2005. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. 05–23029 Filed 11–21–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP Jacksonville 05–153] RIN 1625–AA87 Security Zone; Sea Buoy at the Entrance of St. Mary’s River to Kings Bay, GA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary moving security zone around foreign naval submarines in transit within the area between 12 nautical miles offshore from the baseline, also known as the shoreline, at the mouth of the St. Mary’s River to the Kings Bay Naval Submarine Base, Kings Bay, GA. The security zone includes all waters within 500 yards in any direction of the submarine. The rule prohibits entry into the security zone without the permission of the Captain of the Port (COTP) Jacksonville or his designated representative. Persons or vessels that receive permission to enter the security zone must proceed at a minimum safe speed, must comply with E:\FR\FM\22NOR1.SGM 22NOR1 70492 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations all orders issued by the COTP or his designated representative, and must not proceed any closer than 100 yards, in any direction, to the submarine. This security zone is needed to ensure public safety and to prevent sabotage or terrorist acts against the submarine. DATES: This rule is effective from 8 a.m. on November 10, 2005, until 12 midnight on December 1, 2005. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket [COTP Jacksonville 05–153] and are available for inspection and copying at Coast Guard Sector Jacksonville Prevention Department, 7820 Arlington Expressway, Suite 400, Jacksonville, Florida 32211, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard Sector Jacksonville Prevention Department, Florida tel: (904) 232–2640, ext. 108. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a NRPM. Publishing a NPRM, which would incorporate a comment period before a final rule could be issued, and delay the rule’s effective date, is contrary to the public interest because immediate action is necessary to protect the public and waters of the United States. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard will issue a broadcast notice to mariners and will place Coast Guard vessels in the vicinity of this zone to advise mariners of the restrictions. Background and Purpose This rule is needed to protect foreign navy submarines from damage or injury from sabotage or other subversive acts, accidents or other causes of a similar nature, and to secure the observance of rights and obligations of the United States. Although this rule is effective from 8 a.m. on November 10, 2005, until 12 midnight on December 1, 2005, the Coast Guard will only enforce this rule when a foreign navy submarine is transiting within the area between 12 nautical miles offshore from the baseline, also known as the shoreline, at the mouth of the St. Mary’s River to the VerDate Aug<31>2005 15:28 Nov 21, 2005 Jkt 208001 Kings Bay Naval Submarine Base, Kings Bay, GA. Anchoring, mooring, or transiting within this zone is prohibited, unless authorized by the Captain of the Port, Jacksonville, Florida or his designated representative. The temporary security zone encompasses all waters within 500 yards around the foreign naval submarine. Vessels or persons authorized to enter the zone must proceed at a minimum safe speed, must comply with all orders issued by the COTP or his designated representative, and must not proceed any closer than 100 yards, in any direction, to the submarine. Regulatory Evaluation This regulation is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential cost and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under the order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS) because these regulations will only be in effect for a short period of time and the impact on routine navigation is expected to be minimal. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominate in their field, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact upon a substantial number of small entities because the regulation will only be enforced for a short period of time within an 11-day window, during vessel transits, and the impact on routine navigation is expected to be minimal. Vessels may still transit safely around the zone and, upon permission of the Captain of the Port or his designated representative, may transit at minimum safe speed through that portion of the security zone between 100 and 500 yards from the submarine. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT for assistance in understanding this rule. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Although this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive E:\FR\FM\22NOR1.SGM 22NOR1 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. VerDate Aug<31>2005 15:28 Nov 21, 2005 Jkt 208001 Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. Under figure 2–1, paragraph (34)(g), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165, as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. A new temporary § 165.T07–153 is added to read as follows: § 165.T07–153 Security Zone; Sea buoy at the entrance of St. Mary’s River to Kings Bay, GA. (a) Regulated area. The Coast Guard is establishing a temporary moving security zone around foreign naval submarines when they are within a regulated area 12 nautical miles offshore from the baseline, also known as the shoreline, at the mouth of the St. Mary’s River to the Kings Bay Naval Submarine Base, Kings Bay, GA. The temporary security zone encompasses all waters within 500 yards in any direction around a foreign navy submarine transiting within the regulated area. (b) Definitions. The following definitions apply to this section: Designated representatives means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port (COTP), Jacksonville, Florida, in the enforcement PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 70493 of the regulated navigation areas and security zones. Minimum safe speed means the speed at which a vessel proceeds when it is fully off plane, completely settled in the water and not creating excessive wake. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to minimum safe speed. In no instance should minimum safe speed be interpreted as a speed less than that required for a particular vessel to maintain steerageway. A vessel is not proceeding at minimum safe speed if it is: (1) On a plane; (2) In the process of coming up onto or coming off a plane; or (3) Creating an excessive wake. (c) Regulations. In accordance with the general regulations in § 165.33 of this part, anchoring, mooring or transiting in the security zone described in paragraph (a) of this section is prohibited unless authorized by the Coast Guard Captain of the Port Jacksonville, FL or his designated representative. Persons or vessels that receive permission to enter the security zone must proceed at a minimum safe speed, must comply with all orders issued by the COTP or his designated representative, and must not proceed any closer than 100 yards, in any direction, to the submarine. (d) Dates. This section is effective from 8 a.m. on November 10, 2005, until 12 midnight on December 1, 2005. Dated: November 10, 2005. David L. Lersch, Captain, U.S. Coast Guard, Captain of the Port Jacksonville. [FR Doc. 05–23097 Filed 11–21–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD11–05–002] RIN 1625–AA11 Regulated Navigation Area; San Diego Bay, Mission Bay and Their Approaches, CA Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a regulated navigation area (RNA) within San Diego Bay, Mission Bay, and their approaches out to the 12 E:\FR\FM\22NOR1.SGM 22NOR1

Agencies

[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Rules and Regulations]
[Pages 70491-70493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23097]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Jacksonville 05-153]
RIN 1625-AA87


Security Zone; Sea Buoy at the Entrance of St. Mary's River to 
Kings Bay, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary moving security 
zone around foreign naval submarines in transit within the area between 
12 nautical miles offshore from the baseline, also known as the 
shoreline, at the mouth of the St. Mary's River to the Kings Bay Naval 
Submarine Base, Kings Bay, GA. The security zone includes all waters 
within 500 yards in any direction of the submarine. The rule prohibits 
entry into the security zone without the permission of the Captain of 
the Port (COTP) Jacksonville or his designated representative. Persons 
or vessels that receive permission to enter the security zone must 
proceed at a minimum safe speed, must comply with

[[Page 70492]]

all orders issued by the COTP or his designated representative, and 
must not proceed any closer than 100 yards, in any direction, to the 
submarine. This security zone is needed to ensure public safety and to 
prevent sabotage or terrorist acts against the submarine.

DATES: This rule is effective from 8 a.m. on November 10, 2005, until 
12 midnight on December 1, 2005.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket [COTP Jacksonville 05-153] and are 
available for inspection and copying at Coast Guard Sector Jacksonville 
Prevention Department, 7820 Arlington Expressway, Suite 400, 
Jacksonville, Florida 32211, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard 
Sector Jacksonville Prevention Department, Florida tel: (904) 232-2640, 
ext. 108.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NRPM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued, and 
delay the rule's effective date, is contrary to the public interest 
because immediate action is necessary to protect the public and waters 
of the United States.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. The Coast Guard will 
issue a broadcast notice to mariners and will place Coast Guard vessels 
in the vicinity of this zone to advise mariners of the restrictions.

Background and Purpose

    This rule is needed to protect foreign navy submarines from damage 
or injury from sabotage or other subversive acts, accidents or other 
causes of a similar nature, and to secure the observance of rights and 
obligations of the United States. Although this rule is effective from 
8 a.m. on November 10, 2005, until 12 midnight on December 1, 2005, the 
Coast Guard will only enforce this rule when a foreign navy submarine 
is transiting within the area between 12 nautical miles offshore from 
the baseline, also known as the shoreline, at the mouth of the St. 
Mary's River to the Kings Bay Naval Submarine Base, Kings Bay, GA. 
Anchoring, mooring, or transiting within this zone is prohibited, 
unless authorized by the Captain of the Port, Jacksonville, Florida or 
his designated representative. The temporary security zone encompasses 
all waters within 500 yards around the foreign naval submarine. Vessels 
or persons authorized to enter the zone must proceed at a minimum safe 
speed, must comply with all orders issued by the COTP or his designated 
representative, and must not proceed any closer than 100 yards, in any 
direction, to the submarine.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential cost and benefits under 
section 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under the order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS) because these regulations will only be in effect for a 
short period of time and the impact on routine navigation is expected 
to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominate in their field, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact upon a substantial number of 
small entities because the regulation will only be enforced for a short 
period of time within an 11-day window, during vessel transits, and the 
impact on routine navigation is expected to be minimal. Vessels may 
still transit safely around the zone and, upon permission of the 
Captain of the Port or his designated representative, may transit at 
minimum safe speed through that portion of the security zone between 
100 and 500 yards from the submarine.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by State, local, or tribal government, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Although this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive

[[Page 70493]]

Order 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have significant adverse effect on the supply, distribution, or use of 
energy. The Administrator of the Office of Information and Regulatory 
Affairs has not designated it as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. Under figure 2-1, paragraph (34)(g), of the Instruction, 
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  165.T07-153 is added to read as follows:


Sec.  165.T07-153  Security Zone; Sea buoy at the entrance of St. 
Mary's River to Kings Bay, GA.

    (a) Regulated area. The Coast Guard is establishing a temporary 
moving security zone around foreign naval submarines when they are 
within a regulated area 12 nautical miles offshore from the baseline, 
also known as the shoreline, at the mouth of the St. Mary's River to 
the Kings Bay Naval Submarine Base, Kings Bay, GA. The temporary 
security zone encompasses all waters within 500 yards in any direction 
around a foreign navy submarine transiting within the regulated area.
    (b) Definitions. The following definitions apply to this section:
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), 
Jacksonville, Florida, in the enforcement of the regulated navigation 
areas and security zones.
    Minimum safe speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, anchoring, mooring or transiting in the 
security zone described in paragraph (a) of this section is prohibited 
unless authorized by the Coast Guard Captain of the Port Jacksonville, 
FL or his designated representative. Persons or vessels that receive 
permission to enter the security zone must proceed at a minimum safe 
speed, must comply with all orders issued by the COTP or his designated 
representative, and must not proceed any closer than 100 yards, in any 
direction, to the submarine.
    (d) Dates. This section is effective from 8 a.m. on November 10, 
2005, until 12 midnight on December 1, 2005.

    Dated: November 10, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-23097 Filed 11-21-05; 8:45 am]
BILLING CODE 4910-15-P

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