Safety Zone; Town Creek Channel, Grace Memorial and Silas Pearman Bridges, Charleston, SC, 3007-3009 [06-498]

Download as PDF Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations 32°47.824′ N, 079°54.401′ W thence to 32°47.994′ N, 079°55.359′ W. (b) Definitions. The following definitions apply to this section: Designated representative 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) Charleston in the enforcement of the regulated area. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entering, anchoring, mooring or transiting in the Regulated Area is prohibited, except as provided for herein, or unless authorized by the Coast Guard Captain of the Port Charleston, South Carolina, or his designated representative. Persons and vessels may request permission to enter the safety zone on VHF–FM channel 16 or via phone at (843) 724–7616. (d) Enforcement Period. This regulation will only be enforced at times immediately preceding an explosive detonation on the Grace Memorial or Silas Pearman Bridges, and for a short period after the detonation during debris removal operations. Coast Guard Sector Charleston will announce the start date and expected duration of each enforcement period through broadcast notice to mariners, marine safety information bulletins, through local media press releases and on-scene patrol assets. Additionally, anyone wishing to inquire as to the status of the safety zone may contact Coast Guard Sector Charleston at (843) 724–7616. (e) Dates. This rule is effective from 7:30 a.m. EDT on January 15, 2006 until 8:01 a.m. EDT on December 31, 2006. Dated: January 6, 2006. John E. Cameron, Captain, U.S. Coast Guard, Captain of the Port Charleston, SC. [FR Doc. 06–499 Filed 1–18–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP Charleston 05–143] rwilkins on PROD1PC63 with RULES RIN 1625–AA97 Safety Zone; Town Creek Channel, Grace Memorial and Silas Pearman Bridges, Charleston, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 SUMMARY: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Town Creek Channel for the demolition and recovery operations of the Grace Memorial and Silas Pearman Bridges. This rule prohibits entry, anchoring, mooring, or transiting within the temporary safety zone without the permission of the Captain of the Port Charleston or his designated representative. This regulation is necessary to protect life and property on the navigable waters of the Town Creek channel from the danger associated with the demolition/ recovery operations of the Grace Memorial and Silas Pearman Bridges. DATES: The rule is effective from 7:30 a.m. on October 20, 2005 through 8:01 a.m. on January 30, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [COTP Charleston 05–133] and are available for inspection or copying at Coast Guard Sector Charleston (WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh, Sector Charleston office of Waterways Management, at (843) 723–7647. 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 an NPRM. Publishing an NPRM, which would incorporate a comment period before a final rule could be issued and delay the effective date, would be contrary to the public interest because immediate action is needed to protect the public and waters of the United States. For the same reason, 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. A Coast Guard patrol vessel will be on scene for the duration of the effective period to notify mariners of the restriction. Background and Purpose This demolition recovery operations will require several blasts that will be needed to remove the steel trusses and supporting columns for the Grace Memorial and Silas Pearman Bridges. The purpose of this temporary zone is to protect mariners from the demolition/ recovery operations. The safety zones will remain in effect following any PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 3007 detonation event to protect mariners from the navigation hazard presented by debris removal operations. After any demolition event, and during the debris removal, mariners may request permission to transit through the safety zone by contacting the U.S. Coast Guard via VHF–FM channel 16 or by phone at (843) 724–7616. 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 costs 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). Because marine traffic should be able to safely transit around the safety zone and may be allowed to enter the zone with the permission of the COTP or his representative. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. The owners and operators of vessels who wish to navigate through Town Creek Channel may be impacted by this rule. This impact will not be significant because the rule will only be in effect for a short duration, the impact on routine navigation is expected to be minimal, commercial marine traffic will still be able to safely transit around the temporary safety zone by using the Cooper River Channel, and vessels may be allowed to enter the zone after obtaining the permission of the COTP or his designated representative. 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 could better evaluate its effects on them and participate in the rulemaking process. Small entities may contact the E:\FR\FM\19JAR1.SGM 19JAR1 3008 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations person listed under FOR FURTHER INFORMATION CONTACT for assistance in understanding and participating in this rulemaking. 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 a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such 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. rwilkins on PROD1PC63 with RULES 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 VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 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 a 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (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. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ will be available in the docket where indicated under ADDRESSES. 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. Chapters 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.T07–143 is added to read as follows: § 165.T07–143 Town Creek Channel, Grace Memorial and Silas Pearman Bridge, Charleston, SC. (a) Regulated area. The Coast Guard is establishing a temporary safety zone near the Grace Memorial and Silas Pearman Bridges on the Town Creek Channel, in the City of Charleston, SC. The safety zone includes all waters within the area bounded by a line connecting the following coordinates: 32°48′.375 N, 079°55′.844 W to 32°47′.956 N, 079°55′.542 W to 32°47′.879 N, 079°55′.693 W thence to 32°48′.304 N, 079°55′.985 W thence return to 32°48′.375 N, 079°55′.844 W. (b) Definitions. The following definitions apply to this section: Designated representative 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) Charleston in the enforcement of the regulated area. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, anchoring, mooring or transiting in this zone is prohibited, except as provided for herein, or unless authorized by the Coast Guard Captain E:\FR\FM\19JAR1.SGM 19JAR1 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Rules and Regulations of the Port Charleston, South Carolina, or his designated representative. Persons and vessels may request permission to enter the safety zone on VHF–FM channel 16 or via phone at (843) 720–3240. (d) Dates. This rule is effective from 7:30 a.m. EDT on October 20, 2005 until 8:01 a.m. EDT on January 30, 2006. Dated: October 26, 2005. John E. Cameron, Captain, U.S. Coast Guard, Captain of the Port, Charleston, SC. [FR Doc. 06–498 Filed 1–18–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0014; FRL–8022– 2] Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions To Control Volatile Organic Compound Emissions; Volatile Organic Compound Control for Facilities in the Dallas/Fort Worth Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Direct final rule. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: EPA is taking direct final action to approve Texas State Implementation Plan (SIP) revisions. The revisions pertain to regulations to control Volatile Organic Compound (VOC) emissions from VOC transfer operations and solvent using processes. The revisions allow use of gasoline vapor recovery systems approved by Texas, and add new requirements to control VOC emissions from motor vehicle fuel dispensing facilities and surface coating facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. These counties are part of the Dallas/Fort Worth (DFW) 8hour ozone standard nonattainment area. The revisions also amend regulations on use of cleaning solvents. We are approving the revisions pursuant to sections 110, 116 and part D of the Federal Clean Air Act (CAA). The control of VOC emissions will help to attain and maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in Texas. This approval will make the revised regulations Federally enforceable. DATES: This rule is effective on March 20, 2006 without further notice, unless EPA receives relevant adverse comment by February 21, 2006. If EPA receives VerDate Aug<31>2005 16:18 Jan 18, 2006 Jkt 205001 such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2005–TX–0014, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • EPA Region 6 ‘‘Contact Us’’ Web site: https://epa.gov/region6/ r6coment.htm. Please click on ‘‘6PD’’ (Multimedia) and select ‘‘Air’’ before submitting comments. • E-mail: Mr. Thomas Diggs at diggs.thomas@epa.gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below. • Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), at fax number 214–665–7263. • Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. • Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2005– TX–0014. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 3009 recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214–665–7253 to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment: Texas Commission on Environmental Quality, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas 78753. FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD–L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone 214–665–6645; fax number 214–665– 7263; e-mail address young.carl@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean the EPA. Outline I. What is a SIP? II. What Rules Were Submitted by Texas to be Approved into the SIP? E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3007-3009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-498]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Charleston 05-143]
RIN 1625-AA97


Safety Zone; Town Creek Channel, Grace Memorial and Silas Pearman 
Bridges, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Town Creek Channel for the demolition and 
recovery operations of the Grace Memorial and Silas Pearman Bridges. 
This rule prohibits entry, anchoring, mooring, or transiting within the 
temporary safety zone without the permission of the Captain of the Port 
Charleston or his designated representative. This regulation is 
necessary to protect life and property on the navigable waters of the 
Town Creek channel from the danger associated with the demolition/
recovery operations of the Grace Memorial and Silas Pearman Bridges.

DATES: The rule is effective from 7:30 a.m. on October 20, 2005 through 
8:01 a.m. on January 30, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Charleston 05-133] and are 
available for inspection or copying at Coast Guard Sector Charleston 
(WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh, 
Sector Charleston office of Waterways Management, at (843) 723-7647.

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 an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule could be issued 
and delay the effective date, would be contrary to the public interest 
because immediate action is needed to protect the public and waters of 
the United States.
    For the same reason, 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. A Coast Guard patrol 
vessel will be on scene for the duration of the effective period to 
notify mariners of the restriction.

Background and Purpose

    This demolition recovery operations will require several blasts 
that will be needed to remove the steel trusses and supporting columns 
for the Grace Memorial and Silas Pearman Bridges. The purpose of this 
temporary zone is to protect mariners from the demolition/recovery 
operations. The safety zones will remain in effect following any 
detonation event to protect mariners from the navigation hazard 
presented by debris removal operations. After any demolition event, and 
during the debris removal, mariners may request permission to transit 
through the safety zone by contacting the U.S. Coast Guard via VHF-FM 
channel 16 or by phone at (843) 724-7616.

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 costs 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). Because marine traffic should be able to safely transit 
around the safety zone and may be allowed to enter the zone with the 
permission of the COTP or his representative.

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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. The owners and operators of vessels who wish to navigate 
through Town Creek Channel may be impacted by this rule. This impact 
will not be significant because the rule will only be in effect for a 
short duration, the impact on routine navigation is expected to be 
minimal, commercial marine traffic will still be able to safely transit 
around the temporary safety zone by using the Cooper River Channel, and 
vessels may be allowed to enter the zone after obtaining the permission 
of the COTP or his designated representative.

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 could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the

[[Page 3008]]

person listed under FOR FURTHER INFORMATION CONTACT for assistance in 
understanding and participating in this rulemaking.
    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 a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such 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 a 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. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' will be available in the 
docket where indicated under ADDRESSES.

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. Chapters 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.T07-143 is added to read as follows:


Sec.  165.T07-143  Town Creek Channel, Grace Memorial and Silas Pearman 
Bridge, Charleston, SC.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone near the Grace Memorial and Silas Pearman Bridges on the 
Town Creek Channel, in the City of Charleston, SC. The safety zone 
includes all waters within the area bounded by a line connecting the 
following coordinates: 32[deg]48[min].375 N, 079[deg]55[min].844 W to 
32[deg]47[min].956 N, 079[deg]55[min].542 W to 32[deg]47[min].879 N, 
079[deg]55[min].693 W thence to 32[deg]48[min].304 N, 
079[deg]55[min].985 W thence return to 32[deg]48[min].375 N, 
079[deg]55[min].844 W.
    (b) Definitions. The following definitions apply to this section:
    Designated representative 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) Charleston in 
the enforcement of the regulated area.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, anchoring, mooring or transiting in this 
zone is prohibited, except as provided for herein, or unless authorized 
by the Coast Guard Captain

[[Page 3009]]

of the Port Charleston, South Carolina, or his designated 
representative. Persons and vessels may request permission to enter the 
safety zone on VHF-FM channel 16 or via phone at (843) 720-3240.
    (d) Dates. This rule is effective from 7:30 a.m. EDT on October 20, 
2005 until 8:01 a.m. EDT on January 30, 2006.

    Dated: October 26, 2005.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port, Charleston, SC.
[FR Doc. 06-498 Filed 1-18-06; 8:45 am]
BILLING CODE 4910-15-P
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