Safety Zone: Camp Rilea Offshore Small Arms Firing Range; Warrenton, OR, 14379-14381 [06-2747]
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations
III. Analysis of Impacts
FDA has examined the impacts of the
final rule under Executive Order 12866,
the Regulatory Flexibility Act (5 U.S.C.
601–612), and the Unfunded Mandates
Reform Act of 1995 (Public Law 104–4).
Executive Order 12866 directs agencies
to assess all costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
agency believes that this final rule is not
a significant regulatory action under the
Executive order.
The Regulatory Flexibility Act
requires agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. Because classification of these
devices into class II will relieve
manufacturers of the device of the cost
of complying with the premarket
approval requirements of section 515 of
the act (21 U.S.C. 360e), and may permit
small potential competitors to enter the
marketplace by lowering their costs, the
agency certifies that the final rule will
not have a significant impact on a
substantial number of small entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $115
million, using the most current (2003)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this final rule to result in any 1-year
expenditure that would meet or exceed
this amount.
cprice-sewell on PROD1PC70 with RULES
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
15:10 Mar 21, 2006
V. Paperwork Reduction Act of 1995
This final rule contains no collections
of information. Therefore, clearance by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (PRA) is not required. FDA
concludes that the special controls
guidance document contains
information collection provisions that
are subject to review and clearance by
OMB under the PRA. Elsewhere in this
issue of the Federal Register, FDA is
publishing a notice announcing the
availability of the guidance document
entitled, ‘‘Class II Special Controls
Guidance Document: Reagents for
Detection of Specific Novel Influenza A
Viruses’’; the notice contains an analysis
of the paperwork burden for the
guidance.
VI. Reference
The following reference has been
placed on display in the Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852,
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday.
Jkt 208001
aids in the presumptive laboratory
identification of specific novel influenza
A viruses to provide epidemiological
information on influenza. These
reagents include primers, probes, and
specific influenza A virus controls.
(b) Classification. Class II (special
controls). The special controls are:
(1) FDA’s guidance document entitled
‘‘Class II Special Controls Guidance
Document: Reagents for Detection of
Specific Novel Influenza A Viruses.’’
See § 866.1(e) for information on
obtaining this document.
(2) The distribution of these devices is
limited to laboratories with experienced
personnel who have training in
standardized molecular testing
procedures and expertise in viral
diagnosis, and appropriate biosafety
equipment and containment.
Dated: March 10, 2006.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 06–2742 Filed 3–21–06; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
1. Petition from CDC, dated January 26,
2006.
33 CFR Part 165
List of Subjects in 21 CFR Part 866
Biologics, Laboratories, Medical
devices.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 866 is
amended as follows:
RIN 1625–AA00
[CGD13–06–011]
Safety Zone: Camp Rilea Offshore
Small Arms Firing Range; Warrenton,
OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
§ 866.3332 Reagents for detection of
specific novel influenza A viruses.
SUMMARY: The Coast Guard is
establishing a temporary safety zone
offshore of Camp Rilea, Warrenton,
Oregon. Small arms training and fire
will be conducted within this zone, and
a safety zone is needed to ensure the
safety of persons and vessels operating
in this area during the specified periods.
Entry into this safety zone is prohibited
unless authorized by the Captain of the
Port or his/her designated
representative.
(a) Identification. Reagents for
detection of specific novel influenza A
viruses are devices that are intended for
use in a nucleic acid amplification test
to directly detect specific virus RNA in
human respiratory specimens or viral
cultures. Detection of specific virus
RNA aids in the diagnosis of influenza
caused by specific novel influenza A
viruses in patients with clinical risk of
infection with these viruses, and also
This rule is effective from 5 a.m.
to 8 p.m. from March 10, 2006 through
March 20, 2006. This rule is enforced
during daylight hours from March 10,
2006 through March 20, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–06–
011 and are available for inspection or
copying at Coast Guard Sector Portland,
6767 North Basin Avenue, Portland, OR
PART 866—IMMUNOLOGY AND
MICROBIOLOGY DEVICES
1. The authority citation for 21 CFR
part 866 continues to read as follows:
I
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 866.3332 is added to
subpart D to read as follows:
I
IV. Federalism
VerDate Aug<31>2005
the Executive Order and, consequently,
a federalism summary impact statement
is not required.
14379
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DATES:
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations
97217–3992 between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Shadrack Scheirman, Chief Port
Operations, USCG Sector Portland, 6767
N. Basin Ave., Portland, OR 97217,
telephone number (503) 240–9311.
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) and
5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for not publishing
an NPRM and making this rule effective
less than 30 days after publication in the
Federal Register. Publishing an NPRM
and delaying the effective date of this
rule would be contrary to the public
interest since immediate action is
necessary to minimize potential danger
to the public from small arms fire
during the live fire training. Such
training is necessary in order to ensure
Coast Guard crews are qualified to carry
Crew Served Weapons required to fulfill
their Military and Homeland Security
responsibilities.
In order to maintain an increased
maritime security posture, the Coast
Guard has increased training
requirements for the carriage of
weapons during homeland security
operations. The crews required to carry
out homeland security operations must
be trained to perform their operational
obligations.
Publishing an NPRM and delaying the
effective date of this rule would be
contrary to the public interest since
immediate action is necessary to
minimize potential danger to the public
from small arms fire during the live fire
training. Such training is necessary in
order to ensure Coast Guard crews are
qualified to carry Crew Served Weapons
required to fulfill their Military and
Homeland Security responsibilities.
cprice-sewell on PROD1PC70 with RULES
Background and Purpose
Changes in Coast Guard policy and
procedures require small boat crews to
train on and fire crew served weapons
from a vessel. In order to ensure the
safety of persons and vessels operating
in vicinity of this training from March
10, 2006 through March 20, 2006 a
safety zone will be in effect during all
small arms firing evolutions.
Discussion of Rule
This safety zone will be in effect to
ensure the safety of persons and vessels
in the vicinity of the live fire training.
Entry into this safety zone is prohibited
unless authorized by the Captain of the
Port or his/her designated
VerDate Aug<31>2005
15:10 Mar 21, 2006
Jkt 208001
representative. A Coast Guard vessel
will be on scene to ensure that the
public is aware that the firing exercises
are in progress and that the firing area
is clear of traffic before firing
commences. All persons and vessels
shall comply with the instructions of
the Captain of the Port or his/her
designated on-scene U.S. Coast Guard
representative. On-scene Coast Guard
patrol personnel include commissioned,
warrant, and petty officers of the Coast
Guard on board Coast Guard, Coast
Guard Auxiliary, and local, state, and
federal law enforcement vessels.
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). This rule only affects a small
area for a limited duration. The
proposed regulations have been tailored
in scope to impose the least impact on
maritime interests, yet provide the level
of safety necessary for such an event.
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.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to anchor, fish or
transit through the zone during daylight
hours from March 10, 2006 through
March 20, 2006. The Coast Guard
expects a minimal economic impact on
a substantial number of small entities
because the zone is in effect during
daylight hours only for 10 days, there is
little commercial activity in this area
during the month of March, and vessels
will be able to freely transit the areas
outside of the safety zone.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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.
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
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
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations
Environment
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.
cprice-sewell on PROD1PC70 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
VerDate Aug<31>2005
15:10 Mar 21, 2006
Jkt 208001
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. Categorical Exclusion is
provided for temporary safety zones of
less than one week in duration. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are 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.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A temporary § 165.T13–004 is
added to read as follows:
§ 165.T13–004 Safety Zone; Camp Rilea
Offshore Small Arms Firing Range,
Warrenton, Oregon
(a) Location. The following area is
established as a safety zone: the waters
bounded by the following coordinates:
46°10′00″ N, 124°11′15″ W following an
imaginary line east to 46°09′00″ N
124°02′48″ W then south to 46°06′30″ N
124°01′30″ W following the west to
46°03′00″ N 124°11′15″ W then back to
the point of origin.
(b) Regulations. (1) In accordance
with the general regulations in Section
165.23 of this part, no person or vessel
may enter or remain in this zone unless
authorized by the Captain of the Port or
his designated representatives.
(2) A Coast Guard vessel will be onscene to ensure that the public is aware
that the firing exercises are in progress
and that the firing area is clear of traffic
before firing commences.
PO 00000
Frm 00025
Fmt 4700
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14381
(c) Enforcement period. This rule will
be enforced during daylight hours from
March 10, 2006 through March 20, 2006.
(d) The Captain of the Port will
broadcast status updates for this safety
zone by Marine Safety Radio Broadcast
on VHF Marine Band Radio Channel 22
(157.1 MHz) and through the means
required under 5 U.S.C. 553.
Dated: March 10, 2006.
Patrick G. Garrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 06–2747 Filed 3–21–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 06–034]
RIN 1625–AA00
Safety Zone for St Petersburg; Tampa
Bay, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters within Tampa Bay, Florida in
the vicinity of the St Petersburg
Municipal Yacht Basin. The safety zone
is needed to ensure the safety of all
mariners during the St Petersburg Grand
Prix. This rule is necessary to provide
for the safety of life on the navigable
waters of the United States.
DATES: This rule is effective from 9 a.m.
on March 30, 2006, through 8 p.m. on
April 2, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [COTP St.
Petersburg 06–034] and are available for
inspection or copying at Coast Guard
Sector St Petersburg, Prevention
Department, 155 Columbia Drive,
Tampa, Florida 33606–3598 between
7:30 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1
Charles Voss at Coast Guard Sector St.
Petersburg, Prevention Department,
(813) 228–2191, Ext. 8307.
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. The
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]]>Agencies
[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14379-14381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-011]
RIN 1625-AA00
Safety Zone: Camp Rilea Offshore Small Arms Firing Range;
Warrenton, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
offshore of Camp Rilea, Warrenton, Oregon. Small arms training and fire
will be conducted within this zone, and a safety zone is needed to
ensure the safety of persons and vessels operating in this area during
the specified periods. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port or his/her designated
representative.
DATES: This rule is effective from 5 a.m. to 8 p.m. from March 10, 2006
through March 20, 2006. This rule is enforced during daylight hours
from March 10, 2006 through March 20, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-06-011 and are available for
inspection or copying at Coast Guard Sector Portland, 6767 North Basin
Avenue, Portland, OR
[[Page 14380]]
97217-3992 between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Shadrack Scheirman, Chief Port
Operations, USCG Sector Portland, 6767 N. Basin Ave., Portland, OR
97217, telephone number (503) 240-9311.
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) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and
making this rule effective less than 30 days after publication in the
Federal Register. Publishing an NPRM and delaying the effective date of
this rule would be contrary to the public interest since immediate
action is necessary to minimize potential danger to the public from
small arms fire during the live fire training. Such training is
necessary in order to ensure Coast Guard crews are qualified to carry
Crew Served Weapons required to fulfill their Military and Homeland
Security responsibilities.
In order to maintain an increased maritime security posture, the
Coast Guard has increased training requirements for the carriage of
weapons during homeland security operations. The crews required to
carry out homeland security operations must be trained to perform their
operational obligations.
Publishing an NPRM and delaying the effective date of this rule
would be contrary to the public interest since immediate action is
necessary to minimize potential danger to the public from small arms
fire during the live fire training. Such training is necessary in order
to ensure Coast Guard crews are qualified to carry Crew Served Weapons
required to fulfill their Military and Homeland Security
responsibilities.
Background and Purpose
Changes in Coast Guard policy and procedures require small boat
crews to train on and fire crew served weapons from a vessel. In order
to ensure the safety of persons and vessels operating in vicinity of
this training from March 10, 2006 through March 20, 2006 a safety zone
will be in effect during all small arms firing evolutions.
Discussion of Rule
This safety zone will be in effect to ensure the safety of persons
and vessels in the vicinity of the live fire training. Entry into this
safety zone is prohibited unless authorized by the Captain of the Port
or his/her designated representative. A Coast Guard vessel will be on
scene to ensure that the public is aware that the firing exercises are
in progress and that the firing area is clear of traffic before firing
commences. All persons and vessels shall comply with the instructions
of the Captain of the Port or his/her designated on-scene U.S. Coast
Guard representative. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law
enforcement vessels.
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). This rule only affects a small area for a limited
duration. The proposed regulations have been tailored in scope to
impose the least impact on maritime interests, yet provide the level of
safety necessary for such an event.
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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to anchor,
fish or transit through the zone during daylight hours from March 10,
2006 through March 20, 2006. The Coast Guard expects a minimal economic
impact on a substantial number of small entities because the zone is in
effect during daylight hours only for 10 days, there is little
commercial activity in this area during the month of March, and vessels
will be able to freely transit the areas outside of the safety 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.
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 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
[[Page 14381]]
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. Categorical Exclusion is provided for
temporary safety zones of less than one week in duration. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are 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. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A temporary Sec. 165.T13-004 is added to read as follows:
Sec. 165.T13-004 Safety Zone; Camp Rilea Offshore Small Arms Firing
Range, Warrenton, Oregon
(a) Location. The following area is established as a safety zone:
the waters bounded by the following coordinates: 46[deg]10'00'' N,
124[deg]11'15'' W following an imaginary line east to 46[deg]09'00'' N
124[deg]02'48'' W then south to 46[deg]06'30'' N 124[deg]01'30'' W
following the west to 46[deg]03'00'' N 124[deg]11'15'' W then back to
the point of origin.
(b) Regulations. (1) In accordance with the general regulations in
Section 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
(2) A Coast Guard vessel will be on-scene to ensure that the public
is aware that the firing exercises are in progress and that the firing
area is clear of traffic before firing commences.
(c) Enforcement period. This rule will be enforced during daylight
hours from March 10, 2006 through March 20, 2006.
(d) The Captain of the Port will broadcast status updates for this
safety zone by Marine Safety Radio Broadcast on VHF Marine Band Radio
Channel 22 (157.1 MHz) and through the means required under 5 U.S.C.
553.
Dated: March 10, 2006.
Patrick G. Garrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 06-2747 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-15-P
