Security Zone; St. John's River, Jacksonville, FL to Ribault Bay, 70730-70732 [05-23236]
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations
designee, to decide whether a national
emergency has developed or is
developing in the importing country,
whether the investigational new drug
will be used solely for that national
emergency, and whether prompt
exportation of the investigational new
drug is necessary. Persons who wish to
obtain a determination from the
Secretary should direct their requests to
Secretary’s Operations Center, Office of
Emergency Operations and Security
Programs, Office of Public Health
Emergency Preparedness, Office of the
Secretary, Department of Health and
Human Services, 200 Independence
Ave. SW., Washington, DC 20201.
Requests may be also be sent by FAX:
202–619–7870 or by e-mail:
HHS.SOC@hhs.gov.
(B) Exportation may proceed without
prior FDA authorization.
(c) Limitations. Exportation under
paragraph (b) of this section may not
occur if:
(1) For drugs exported under
paragraph (b)(1) of this section, the IND
pertaining to the clinical investigation is
no longer in effect;
(2) For drugs exported under
paragraph (b)(2) of this section, the
requirements in section 802(b)(1), (f), or
(g) of the act are no longer met;
(3) For drugs exported under
paragraph (b)(3) of this section, the
requirements in section 802(c), (f), or (g)
of the act are no longer met;
(4) For drugs exported under
paragraph (b)(4) of this section, the
conditions underlying the certification
or the statements submitted under
paragraph (b)(5) of this section are no
longer met; or
(5) For any investigational new drugs
under this section, the drug no longer
complies with the laws of the importing
country.
(d) Insulin and antibiotics. New
insulin and antibiotic drug products
may be exported for investigational use
in accordance with section 801(e)(1) of
the act without complying with this
section.
Dated: November 16, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–23120 Filed 11–22–05; 8:45 am]
BILLING CODE 4160–01–S
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05–154]
RIN 1625–AA87
Security Zone; St. John’s River,
Jacksonville, FL to Ribault Bay
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 seaward from
the baseline at the mouth of the St.
John’s River to Ribault Bay. The security
zone includes all waters within 500
yards in any direction of the submarine.
This 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 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 9, 2005, until 11:59 p.m.
on December 1, 2005.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket [COTP
Jacksonville 05–154] 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 telephone: (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
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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, or to secure the observance of
rights and obligations of the United
States. Although this rule is effective
from 8 a.m. on November 9, 2005, until
11:59 p.m. 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 seaward from the
baseline at the mouth of the St. John’s
River to Ribault Bay. 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
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations
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
dominant 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 a 22-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
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15:18 Nov 22, 2005
Jkt 208001
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 my 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
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
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70731
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.
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
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations
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.T07–154 is
added to read as follows:
BILLING CODE 4910–15–P
§ 165.T07–154 Security Zone; St. John’s
River, Jacksonville, FL to Ribault Bay.
(a) Regulated area. The Coast Guard is
establishing a temporary moving
security zone for a foreign navy
submarine within the area 12 nautical
miles seaward from the baseline at the
mouth of the St. John’s River to Ribault
Bay. The temporary security zone
encompasses all waters within 500
yards in any direction around a foreign
navy submarine transiting within the
area between 12 nautical miles seaward
of the sea buoy at the entrance to the St.
John’s River to Ribault Bay.
(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 § 165.33 of
this part, anchoring, mooring or
transiting in this zone 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 9, 2005, until
11:59 p.m. on December 1, 2005.
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Dated: November 9, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 05–23236 Filed 11–22–05; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Western Alaska–04–003]
RIN 1625–AA00
Safety Zone; Bering Sea, Aleutian
Islands, Unalaska Island, AK
Coast Guard, DHS.
Temporary final rule; change of
effective period.
AGENCY:
ACTION:
The Coast Guard is extending
the effective period of the safety zone in
the Bering Sea, Unalaska Island, Alaska.
The zone is needed to facilitate safe
salvage operations related to the
grounding of the merchant vessel (M/V)
SELENDANG AYU. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Commander, Seventeenth Coast Guard
District, the Coast Guard Captain of the
Port, Western Alaska, or their on-scene
representative. The intended effect of
the proposed safety zone is to mitigate
safety risks to salvage personnel.
DATES: The effective period of
§ 165.T17–010 is extended from
November 30, 2005 through October 31,
2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are available for inspection and
copying at Coast Guard Marine Safety
Office Anchorage, 510 ‘‘L’’ Street, Suite
100, Anchorage, AK 99501. Normal
Office hours are 7:30 a.m. to 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Meredith Gillman, Marine Safety Office
Anchorage, at (907) 271–6700.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 an NPRM and for
making this regulation effective less
than 30 days after its publication in the
Federal Register. Any delay
encountered in this regulation’s
effective date would be contrary to
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public interest because immediate
action is needed to prevent
unauthorized vessel traffic from
hindering salvage operations.
The Coast Guard will terminate the
zone when salvage operations are
complete and the area adjacent to the
grounded vessel is considered safe to
vessel traffic.
Background and Purpose
The M/V SELENDANG AYU ran
aground at a position of 53.634° N,
167.125° W on December 9, 2004. The
vessel then broke in half and discharged
its fuel oil into the water. A marine
salvor is removing sections of the wreck
from the bow and stern sections of the
grounded vessel, as well as from the
adjacent shoreline. The safety zone is
necessary to prevent unauthorized
vessels from impeding salvage
operations.
Discussion of Rule
The Unified Command, which is
responding to the grounding of the M/
V Selendang Ayu, identified the safety
zone in the area where subsequent
salvage operations will be taking place.
This area is defined by a circle centered
at 53 degrees, 38 minutes North; 167
degrees, 7 minutes, 20 seconds West
with a radius of 750 yards. All
coordinates reference Datum: NAD
1983.
Regulatory Evaluation
This rule 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 that
Order. It is not significant under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). The Coast Guard expects the
economic impact of this rule to be so
minimal that a full Regulatory
Evaluation under paragraph 10(e) of the
regulatory policies and procedures of
DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
E:\FR\FM\23NOR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Rules and Regulations]
[Pages 70730-70732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23236]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05-154]
RIN 1625-AA87
Security Zone; St. John's River, Jacksonville, FL to Ribault Bay
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 seaward from the baseline at the mouth of the St.
John's River to Ribault Bay. The security zone includes all waters
within 500 yards in any direction of the submarine. This 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 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 9, 2005, until
11:59 p.m. on December 1, 2005.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket [COTP Jacksonville 05-154] 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 telephone: (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, or to secure the observance of rights and
obligations of the United States. Although this rule is effective from
8 a.m. on November 9, 2005, until 11:59 p.m. 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 seaward from
the baseline at the mouth of the St. John's River to Ribault Bay.
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
[[Page 70731]]
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
dominant 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 a 22-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 my
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 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.
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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
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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
[[Page 70732]]
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.
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2. A new temporary Sec. 165.T07-154 is added to read as follows:
Sec. 165.T07-154 Security Zone; St. John's River, Jacksonville, FL to
Ribault Bay.
(a) Regulated area. The Coast Guard is establishing a temporary
moving security zone for a foreign navy submarine within the area 12
nautical miles seaward from the baseline at the mouth of the St. John's
River to Ribault Bay. The temporary security zone encompasses all
waters within 500 yards in any direction around a foreign navy
submarine transiting within the area between 12 nautical miles seaward
of the sea buoy at the entrance to the St. John's River to Ribault Bay.
(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 this
zone 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 9,
2005, until 11:59 p.m. on December 1, 2005.
Dated: November 9, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-23236 Filed 11-22-05; 8:45 am]
BILLING CODE 4910-15-P
