Security Zone; Atlantic Ocean Five Miles South of Boca Chica, FL, 9928-9930 [06-1806]

Download as PDF 9928 Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Rules and Regulations TABLE TWO Vessel 5 Port .................... * .................... .................... 2.32 CFPM–1 through CFPM–2. * WT (class) .................... Forward anchor light, distance below flight deck in meters; § 2(K), Annex I 2.32 Number CFPM (class). Forward anchor light, number of; Rule 30(a)(i) AFT anchor light, distance below flight deck in meters; Rule 21(e), Rule 30(a)(ii) Masthead lights, distance to stbd of keel in meters; Rule 21(a) * WT–1 through WT–4. AFT anchor light, number of; rule 30(a)(ii) Side lights, distance below flight deck in meters; § 2(g), Annex I Side lights, distance forward of forward masthead light in meters; § 3(b), Annex I Side lights, distance inboard of ship’s sides in meters; § 3(b), Annex I .................... .................... .................... 2.01 5 5.73 .................... * .................... * .................... 2.01 * 3. Table Four of § 706.2 is amended by revising paragraph 5 and adding paragraph 21 to read as follows: DEPARTMENT OF HOMELAND SECURITY § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. 33 CFR Part 165 * * * * Coast Guard [COTP KEY WEST 06–029] RIN 1625–AA87 Table Four Security Zone; Atlantic Ocean Five Miles South of Boca Chica, FL * * * * * 5. The masthead light required by Rule 23(a)(i) and Annex I, Paragraph 3(d), is not located in the forward part of the vessel on the CFPM Class, CSP Class, SLWT Class, and WT Class. * * * * * 21. On the following ships, the forward towing light array and Restricted Maneuvering light array do not meet the vertical spacing requirements described by Annex I, paragraph 2(i)(i). Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary security zone 5 miles south of Boca Chica, Florida, in support of aircraft recovery operations. This security zone is being implemented to ensure the security of the recovery site. All vessels will be excluded from the security zone until salvage operations are complete. DATES: This rule is effective from 12:01 p.m. on February 7, 2006, through Restricted Forward maneuMarch 10, 2006. towing light vering light ADDRESSES: Documents mentioned in array, Vessel array, vertical this preamble as being available in the vertical spacing docket are part of docket COTP KEY spacing (meters) (meters) WEST 06–029 and are available for inspection and copying at Coast Guard CFPM–1 Sector Key West, 100 Trumbo Point, through Key West, FL 33040, between 8 a.m. and CFPM–2 ........ 1.00 1.00 4 p.m. EDT, Monday through Friday WT–1 through WT–4 ............. 1.00 1.00 except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Dan Silvestro at Coast Guard * * * * * Sector Key West Prevention Approved: September 9, 2005. Department, telephone 305–292–8808. Gregg A. Cervi, SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with RULES 5 5.73 sidelight only. I * * Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. 06–1807 Filed 2–27–06; 8:45 am] BILLING CODE 3810–FF–P VerDate Aug<31>2005 16:27 Feb 27, 2006 Jkt 208001 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 NPRM. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 public interest because immediate action is necessary to protect the public and the 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. The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction. Background and Purpose On February 6, 2006, a Navy F–18 aircraft went down in the vicinity of position 21°31′ N, 081°33.76′ W. The purpose of this security zone is to ensure the security of the sensitive information on the aircraft. Discussion of Rule This rule creates a temporary security zone 500 yards around position 21°31′ N, 081°33.76′ W. All vessels and persons are prohibited from anchoring, mooring, entering or remaining within the Security Zone unless authorized by the Captain of the Port, Key West, Florida or his designated representative(s). This zone is in effect from February 7, 2006 through March 10, 2006. 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 E:\FR\FM\28FER1.SGM 28FER1 Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Rules and Regulations the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under 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. 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 because the regulations will only be in effect for a short period of time and the impact on routine navigation is expected to be minimal. Vessels wishing to transit the area can simple go around the security zone. Assistance for Small Entities sroberts on PROD1PC70 with RULES Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they could 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 evalutes 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). 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect 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. Collection of Information 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. This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That VerDate Aug<31>2005 16:27 Feb 27, 2006 Jkt 208001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 9929 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’’ 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I E:\FR\FM\28FER1.SGM 28FER1 9930 Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 165 continues to read as follows: 40 CFR Part 52 I [GA–200533; FRL–8022–4] 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. Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. AGENCY: 2. Add § 165.T07–029 to read as follows: I § 165.T07–029 Security Zone; Atlantic Ocean Five Miles South of Boca Chica, Florida (a) Regulated Area. The Coast Guard is establishing a temporary security zone in and on the waters 5 miles south of Boca Chica, Florida within a 500 yard radius of position 21°31′ N, 081°33.76′ W. (b) Definitions. Designated Representative(s) includes 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, Key West, Florida with enforcement of this regulation. (c) Regulations. All vessels and persons are prohibited from anchoring, mooring, entering or remaining within the Regulated Area unless authorized by the Captain of the Port, Key West, Florida or designated representative(s). Persons desiring to enter or transit the Regulated Area may contact the Captain of the Port, Key West, Florida via telephone at (305) 292–8727. If permission to transit the regulated area is granted by the Captain of the Port, Key West, Florida or his designated representative(s), all persons and vessels must comply with the instructions of the Captain of the Port, Key West, Florida or his designated representative(s). (d) Effective Dates. This rule is effective from 12:01 p.m. on February 7, 2006, through March 10, 2006. Dated: February 9, 2006. P.J. Heyl, Captain, U.S. Coast Guard, Captain of the Port, Key West, Florida. [FR Doc. 06–1806 Filed 2–27–06; 8:45 am] sroberts on PROD1PC70 with RULES BILLING CODE 4910–15–P VerDate Aug<31>2005 16:27 Feb 27, 2006 Jkt 208001 Approval and Promulgation of Air Quality Implementation Plans; Georgia Update to Materials Incorporated by Reference SUMMARY: EPA is publishing this action to provide the public with notice of the update to the Georgia State Implementation Plan (SIP) compilation. In particular, materials submitted by Georgia that are incorporated by reference (IBR) into the Georgia SIP are being updated to reflect EPA-approved revisions to Georgia’s SIP that have occurred since the last update. DATES: This action is effective February 28, 2006. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Ms. Stacy Difrank at the above Region 4 address or at (404) 562–9042. E-mail: difrank.stacy@epa.gov. SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the SIP to EPA. Once these control measures and strategies are approved by EPA, after notice and comment, they are incorporated into the federally approved SIP and are PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 identified in part 52 ‘‘Approval and Promulgation of Implementation Plans,’’ Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is ‘‘incorporated by reference.’’ This means that EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action if necessary. The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials submitted by states in their EPAapproved SIP revisions. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing EPA approval of revisions to a SIP, and stream-lined the mechanisms for EPA’s updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain ‘‘SIP Compilations’’ that contain the federally-approved regulations and source specific permits submitted by each state agency. These SIP Compilations are contained in 3ring binders and are updated primarily on an annual basis. Under the revised procedures, EPA is to periodically publish an informational document in the rules section of the Federal Register when updates are made to a SIP Compilation for a particular state. EPA’s 1997 revised procedures were formally applied to Georgia on May 21, 1999 (64 FR 27699). This action represents EPA’s publication of the Georgia SIP Compilation update, appearing in 40 CFR part 52. EPA has determined that today’s action falls under the ‘‘good cause’’ exemption in the section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed E:\FR\FM\28FER1.SGM 28FER1

Agencies

[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9928-9930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1806]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP KEY WEST 06-029]
RIN 1625-AA87


Security Zone; Atlantic Ocean Five Miles South of Boca Chica, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone 5 
miles south of Boca Chica, Florida, in support of aircraft recovery 
operations. This security zone is being implemented to ensure the 
security of the recovery site. All vessels will be excluded from the 
security zone until salvage operations are complete.

DATES: This rule is effective from 12:01 p.m. on February 7, 2006, 
through March 10, 2006.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket COTP KEY WEST 06-029 and are available 
for inspection and copying at Coast Guard Sector Key West, 100 Trumbo 
Point, Key West, FL 33040, between 8 a.m. and 4 p.m. EDT, Monday 
through Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dan Silvestro at Coast 
Guard Sector Key West Prevention Department, telephone 305-292-8808.

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 NPRM. 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 public interest because 
immediate action is necessary to protect the public and the 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. The Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the restriction.

Background and Purpose

    On February 6, 2006, a Navy F-18 aircraft went down in the vicinity 
of position 21[deg]31' N, 081[deg]33.76' W. The purpose of this 
security zone is to ensure the security of the sensitive information on 
the aircraft.

Discussion of Rule

    This rule creates a temporary security zone 500 yards around 
position 21[deg]31' N, 081[deg]33.76' W. All vessels and persons are 
prohibited from anchoring, mooring, entering or remaining within the 
Security Zone unless authorized by the Captain of the Port, Key West, 
Florida or his designated representative(s). This zone is in effect 
from February 7, 2006 through March 10, 2006.

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

[[Page 9929]]

the Department of Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under 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.
    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 because the regulations will only be in effect for a short 
period of time and the impact on routine navigation is expected to be 
minimal. Vessels wishing to transit the area can simple go around the 
security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could 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 evalutes 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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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'' 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:

[[Page 9930]]

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. Add Sec.  165.T07-029 to read as follows:


Sec.  165.T07-029  Security Zone; Atlantic Ocean Five Miles South of 
Boca Chica, Florida

    (a) Regulated Area. The Coast Guard is establishing a temporary 
security zone in and on the waters 5 miles south of Boca Chica, Florida 
within a 500 yard radius of position 21[deg]31' N, 081[deg]33.76' W.
    (b) Definitions. Designated Representative(s) includes 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, Key 
West, Florida with enforcement of this regulation.
    (c) Regulations. All vessels and persons are prohibited from 
anchoring, mooring, entering or remaining within the Regulated Area 
unless authorized by the Captain of the Port, Key West, Florida or 
designated representative(s). Persons desiring to enter or transit the 
Regulated Area may contact the Captain of the Port, Key West, Florida 
via telephone at (305) 292-8727. If permission to transit the regulated 
area is granted by the Captain of the Port, Key West, Florida or his 
designated representative(s), all persons and vessels must comply with 
the instructions of the Captain of the Port, Key West, Florida or his 
designated representative(s).
    (d) Effective Dates. This rule is effective from 12:01 p.m. on 
February 7, 2006, through March 10, 2006.

    Dated: February 9, 2006.
P.J. Heyl,
Captain, U.S. Coast Guard, Captain of the Port, Key West, Florida.
[FR Doc. 06-1806 Filed 2-27-06; 8:45 am]
BILLING CODE 4910-15-P

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