Security Zone; San Francisco Bay-Brooklyn Basin, CA, 14645-14648 [06-2783]
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
Act (42 U.S.C. 4332) by the Manual of
the Department of the Interior (516 DM
6, appendix 8, paragraph 8.4B(29)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations. The
Department of the Interior also certifies
that the provisions in this rule that are
not based upon counterpart Federal
regulations will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). This determination is based
upon the fact that the provisions are
administrative and procedural in nature
and are not expected to have a
substantive effect on the regulated
industry.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S. based enterprises to
compete with foreign-based enterprises.
This determination is based upon the
fact that the state submittal which is the
subject of this rule is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule. For the portion of the State
provisions that is not based upon
counterpart Federal regulations, this
determination is based upon the fact
that the State provisions are
administrative and procedural in nature
and are not expected to have a
substantive effect on the regulated
industry.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
Original amendment submission date
*
*
*
March 23, 2006 .................................................
3. Amend § 950.36 by removing the
text and revising the section heading as
follows:
DEPARTMENT OF HOMELAND
SECURITY
I
Coast Guard
§ 950.36 Required abandoned mine land
plan amendments. [Reserved]
33 CFR Part 165
[FR Doc. 06–2757 Filed 3–22–06; 8:45 am]
[COTP San Francisco Bay 06–008]
BILLING CODE 4310–05–P
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List of Subjects in 30 CFR Part 950
Abandoned mine reclamation
programs, Intergovernmental relations,
Surface mining, Underground mining.
Dated: February 24, 2006.
Allen D. Klein,
Regional Director, Western Region.
For the reasons set forth in the
preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal
Regulations is amended as set forth
below:
I
PART 950—WYOMING ABANDONED
MINE LAND RECLAMATION
PROGRAMS
1. The authority citation for part 950
continues to read as follows:
I
Authority: 30 U.S.C. 1201 et seq.
2. Section 950.35 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
I
§ 950.35 Approval of Wyoming abandoned
mine land reclamation plan amendments.
*
*
Date of final publication
*
*
September 1, 2005 ...........................................
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate. For the portion of the State
provisions that is not based upon
counterpart Federal regulations, this
determination is based upon the fact
that the State provisions are
administrative and procedural in nature
and are not expected to have a
substantive effect on the regulated
industry.
RIN 1625–AA87
Security Zone; San Francisco BayBrooklyn Basin, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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*
*
*
Citation/description
W.S.
W.S.
W.S.
W.S.
*
35–11–1206(a).
35–11–1206(b).
35–11–1209.
35–11–1209(vii).
*
SUMMARY: The Coast Guard is
establishing a temporary fixed security
zone surrounding a portion of Coast
Guard Island within the navigable
waters of the Brooklyn Basin during an
official change of command ceremony.
This security zone is needed for
national security reasons to protect the
ceremony participants and guests from
potential subversive acts. Entry into this
security zone is prohibited, unless
specifically authorized by the Captain of
the Port San Francisco, or his
designated representative.
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
This rule is effective from 8:30
a.m. on March 31, 2006 to 12 p.m. on
March 31, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket COTP San
Francisco 06–008 and are available for
inspection or copying at the Waterways
Safety Branch between 9 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Ian Callander, Waterways
Safety Branch, U.S. Coast Guard Sector
San Francisco at (415) 556–2950
extension 142, or the 24 hour Command
Center at (415) 399–3547.
SUPPLEMENTARY INFORMATION:
DATES:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Based on the military
function exception to the
Administrative Procedure Act, 5 U.S.C.
553(a)(1), notice and comment
rulemaking under 5 U.S.C. 553(b) and
an effective date of 30 days after
publication under 5 U.S.C. 553(d) are
not required for this temporary final
rule.
Background and Purpose
In its effort to thwart terrorist activity,
the Coast Guard has increased safety
and security measures on U.S. ports and
waterways. As part of the Diplomatic
Security and Antiterrorism Act of 1986
(Pub. L. 99–399), Congress amended
section 7 of the Ports and Waterways
Safety Act (PWSA), 33 U.S.C. 1226, to
allow the Coast Guard to take actions,
including the establishment of security
and safety zones, to prevent or respond
to acts of terrorism against individuals,
vessels, or public or commercial
structures. The Coast Guard also has
authority to establish security zones
pursuant to the Act of June 15, 1917, as
amended by the Magnuson Act of
August 9, 1950 (50 U.S.C. 191 et seq.)
and implementing regulations
promulgated by the President in
subparts 6.01 and 6.04 of part 6 of title
33 of the Code of Federal Regulations.
High ranking Coast Guard and
government officials will be conducting
and attending an official change of
command ceremony on Coast Guard
Island. Therefore, to address the
aforementioned security concerns, and
to take steps to prevent subversive acts
against Coast Guard facilities,
personnel, and high ranking government
officials, the Coast Guard is establishing
a security zone around a portion of
Coast Guard Island during the
ceremony. Due to these heightened
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Discussion of Rule
The security zone will encompass all
waters, extending from the surface to
the sea floor, from 37°46′53″ N,
122°15′05″ W southward to 37°46′51″ N,
122°15′07″ W, thence westward to
37°47′00″ N, 122°15′21″ W, thence
northward to 37°47′07″ N, 122°15′13″
W, thence eastward along the shoreline
of Coast Guard Island back to the
beginning. Vessels and people may be
allowed to enter an established security
zone on a case-by-case basis with
authorization from the Captain of the
Port, or his designated representative.
Vessels or persons violating this section
will be subject to the penalties set forth
in 33 U.S.C. 1232 and 50 U.S.C. 192.
The Captain of the Port will enforce
this zone and may enlist the aid and
cooperation of any Federal, State,
county, municipal, and private agency
to assist in the enforcement of the
regulation.
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.
We expect this rule may affect owners
and operators of vessels, some of which
may be small entities, intending to fish,
sightsee, transit, or anchor in the waters
affected by this security zone. This
security zone will not have a significant
economic impact on a substantial
number of small entities for several
reasons: small vessel traffic will be able
to pass safely around the area and
vessels engaged in recreational
activities, sightseeing and recreational
fishing have ample space outside of the
security zone to engage in these
activities. Small entities and the
maritime public will be advised of this
security zone via public notice to
mariners.
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).
Although this regulation restricts
access to a portion of navigable waters,
the effect of this regulation will not be
significant because: (i) The zone
encompasses only a small portion of the
waterway; (ii) vessels are able to pass
safely around the zone; and (iii) vessels
may be allowed to enter this zone on a
case-by-case basis with permission of
the Captain of the Port, or his
designated representative.
The size of the zone is the minimum
necessary to provide adequate
protection for Coast Guard facilities,
personnel, and government officials
attending the ceremony. The entities
most likely to be affected are pleasure
craft engaged in recreational activities
and sightseeing.
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 Lieutenant
Ian Callander, Waterways Safety
Branch, U.S. Coast Guard Sector San
Francisco at (415) 556–2950 extension
142, or the 24 hour Command Center at
(415) 399–3547.
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).
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
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).
security concerns, and the catastrophic
impact an attack would have on the
Coast Guard facilities, personnel, and its
mission, establishment of a security
zone for this event is a prudent action.
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments or
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.
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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,
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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 M16475.1D,
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 because we are
establishing a security zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where located 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:
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14647
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. Add § 165.T11–073, to read as
follows:
§ 165.T11–073 Security Zone; San
Francisco Bay-Brooklyn Basin, California.
(a) Definitions. As used in this
section—
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the Commander,
Coast Guard Sector San Francisco.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector San Francisco with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(b) Locations. The following area is a
security zone:
(1) San Francisco Bay. All waters
extending from the surface to the sea
floor, from 37°46′53″ N, 122°15′05″ W
southward to 37°46′51″ N, 122°15′07″
W, thence westward to 37°47′00″ N,
122°15′21″ W, thence northward to
37°47′07″ N, 122°15′13″ W, thence
eastward along the shoreline of Coast
Guard Island back to the beginning.
(c) Regulations. (1) In accordance with
the general regulations in § 165.33 of
this part, entry into this security zone is
prohibited, unless specifically
authorized by the Captain of the Port
San Francisco, or his designated
representative.
(2) Persons desiring to transit the area
of a security zone may contact the
Captain of the Port at telephone number
415–399–3547 or on VHF–FM channel
16 (156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port, or his designated
representative.
(d) Enforcement. All persons and
vessels shall comply with the
instructions of the Coast Guard Captain
of the Port, or the designated on-scene
patrol personnel. Patrol personnel
comprise commissioned, warrant, and
petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations
proceed as directed. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of these security zones by
local law enforcement as necessary.
(e) Effective period. This section
becomes effective at 8:30 a.m. on March
31, 2006, and will terminate at 12 p.m.
on March 31, 2006.
Dated: March 10, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco, California.
[FR Doc. 06–2783 Filed 3–22–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 9
[EPA–HQ–OPPT–2006–0118; FRL–7760–4]
OMB Approvals Under the Paperwork
Reduction Act; Technical Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA), this
technical amendment updates the table
that lists the Office of Management and
Budget (OMB) control numbers issued
under PRA for information collection
requirements contained in EPA’s
regulations that are promulgated in title
40 of the Code of Federal Regulations
(CFR). This technical amendment adds
new approvals published in the Federal
Register since July 1, 2003, and removes
expired and terminated approvals.
DATES: This rule is effective March 23,
2006.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2006–0118. All documents in the
docket are listed on the regulations.gov
web site. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically at https://
www.regulations.gov or in hard copy at
the OPPT Docket, EPA Docket Center
(EPA/DC), EPA West, Rm. B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
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Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280.
FOR FURTHER INFORMATION CONTACT:
Melissa L. Chun, Regulatory
Coordination Staff (7101M), Office of
Prevention, Pesticides and Toxic
Substances, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–1605; e-mail address:
chun.melissa@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
This action is directed to the public
in general. This action may, however, be
of interest to those persons who are
concerned about OMB approval for
information collections required by EPA
regulations. Since other entities may
also be interested, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
II. Background
A. Why is this Technical Amendment
Being Issued?
This document updates the OMB
control numbers listed in 40 CFR part 9
for various actions published in the
Federal Register since July 1, 2003, and
issued under the Toxic Substances
Control Act (TSCA) (15 U.S.C. 2601),
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136),
and the Federal Food, Drug, and
Cosmetic Act (FFDCA) (21 U.S.C. 408).
Under PRA, 44 U.S.C. 3501 et seq., an
agency may not conduct or sponsor, and
a person is not required to respond to
an information collection request unless
it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations are
codified in title 40 of the CFR, after
appearing in the preamble of the final
rule. These numbers are listed in 40
CFR part 9, displayed in a subsequent
publication in the Federal Register, or
displayed by other appropriate means,
such as on a related collection
instrument or form, or as part of the
instructions to respondents. The display
of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR
part 9. In addition to displaying the
applicable OMB control number in the
final rule and on the applicable
collection instruments, the Office of
Prevention, Pesticides and Toxic
Substances (OPPTS) has also typically
listed the OMB control number in the
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table at 40 CFR 9.1 for regulations it has
issued under TSCA, FIFRA, and
FFDCA. With this technical
amendment, OPPTS is updating the
table in 40 CFR 9.1 to list the OMB
control number assigned to several final
rules that have published since its last
update.
B. Why is this Technical Amendment
Issued as a Final Rule?
The information collection activities
referenced in this document were
previously subject to public notice and
comment as part of the rulemaking
process, and this action does not in any
way affect the referenced information
collection activities or rulemakings.
This action only amends the table at 40
CFR 9.1 to update the list of OMB
control numbers listed there. Due to the
technical nature of the table, EPA finds
that further notice and comment about
amending the table is unnecessary. As a
result, EPA finds that there is ‘‘good
cause’’ under section 553(b)(3)(B) of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(3)(B), to amend this table
without further notice and comment.
C. What Specific Changes are Being
Made?
Since July 1, 2003, EPA has taken
several actions related to significant
new use rules (SNURs) promulgated
under TSCA section 5(a)(2). The
paperwork burden associated with a
new chemical SNUR is approved under
OMB control number 2070–0012 (EPA
ICR No. 0574), and under OMB control
number 2070–0038 (EPA ICR No. 1188)
when related to existing chemicals.
These ICRs were first approved in the
late 1980s and have been renewed every
3 years, with the latest approval for
these ICRs published in the Federal
Register on January 21, 2005 (70 FR
3195) (FRL–7862–6) for OMB control
number 2070–0012, and on February 3,
2003 (68 FR 5288) (FRL–7446–7) for
OMB control number 2070–0038. For
futher information on this ICR, please
refer to the docket.
EPA is removing several entries
because the SNURs have been revoked.
Since these provisions no longer exist,
the corresponding listing in the table
should be removed as well. EPA is
adding several entries to reflect the
promulgation of new SNURs. The table
is amended to list these new sections,
along with their corresponding OMB
control number as identified in the final
rule.
III. Statutory and Executive Order
Reviews
This final rule implements technical
amendments to 40 CFR part 9 to reflect
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[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14645-14648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2783]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 06-008]
RIN 1625-AA87
Security Zone; San Francisco Bay-Brooklyn Basin, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary fixed security
zone surrounding a portion of Coast Guard Island within the navigable
waters of the Brooklyn Basin during an official change of command
ceremony. This security zone is needed for national security reasons to
protect the ceremony participants and guests from potential subversive
acts. Entry into this security zone is prohibited, unless specifically
authorized by the Captain of the Port San Francisco, or his designated
representative.
[[Page 14646]]
DATES: This rule is effective from 8:30 a.m. on March 31, 2006 to 12
p.m. on March 31, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP San Francisco 06-008 and are
available for inspection or copying at the Waterways Safety Branch
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Ian Callander, Waterways
Safety Branch, U.S. Coast Guard Sector San Francisco at (415) 556-2950
extension 142, or the 24 hour Command Center at (415) 399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Based on the military function exception to the
Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice and comment
rulemaking under 5 U.S.C. 553(b) and an effective date of 30 days after
publication under 5 U.S.C. 553(d) are not required for this temporary
final rule.
Background and Purpose
In its effort to thwart terrorist activity, the Coast Guard has
increased safety and security measures on U.S. ports and waterways. As
part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L.
99-399), Congress amended section 7 of the Ports and Waterways Safety
Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions,
including the establishment of security and safety zones, to prevent or
respond to acts of terrorism against individuals, vessels, or public or
commercial structures. The Coast Guard also has authority to establish
security zones pursuant to the Act of June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) and implementing
regulations promulgated by the President in subparts 6.01 and 6.04 of
part 6 of title 33 of the Code of Federal Regulations.
High ranking Coast Guard and government officials will be
conducting and attending an official change of command ceremony on
Coast Guard Island. Therefore, to address the aforementioned security
concerns, and to take steps to prevent subversive acts against Coast
Guard facilities, personnel, and high ranking government officials, the
Coast Guard is establishing a security zone around a portion of Coast
Guard Island during the ceremony. Due to these heightened security
concerns, and the catastrophic impact an attack would have on the Coast
Guard facilities, personnel, and its mission, establishment of a
security zone for this event is a prudent action.
Discussion of Rule
The security zone will encompass all waters, extending from the
surface to the sea floor, from 37[deg]46[min]53[sec] N,
122[deg]15[min]05[sec] W southward to 37[deg]46[min]51[sec] N,
122[deg]15[min]07[sec] W, thence westward to 37[deg]47[min]00[sec] N,
122[deg]15[min]21[sec] W, thence northward to 37[deg]47[min]07[sec] N,
122[deg]15[min]13[sec] W, thence eastward along the shoreline of Coast
Guard Island back to the beginning. Vessels and people may be allowed
to enter an established security zone on a case-by-case basis with
authorization from the Captain of the Port, or his designated
representative. Vessels or persons violating this section will be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
The Captain of the Port will enforce this zone and may enlist the
aid and cooperation of any Federal, State, county, municipal, and
private agency to assist in the enforcement of the regulation.
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).
Although this regulation restricts access to a portion of navigable
waters, the effect of this regulation will not be significant because:
(i) The zone encompasses only a small portion of the waterway; (ii)
vessels are able to pass safely around the zone; and (iii) vessels may
be allowed to enter this zone on a case-by-case basis with permission
of the Captain of the Port, or his designated representative.
The size of the zone is the minimum necessary to provide adequate
protection for Coast Guard facilities, personnel, and government
officials attending the ceremony. The entities most likely to be
affected are pleasure craft engaged in recreational activities and
sightseeing.
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.
We expect this rule may affect owners and operators of vessels,
some of which may be small entities, intending to fish, sightsee,
transit, or anchor in the waters affected by this security zone. This
security zone will not have a significant economic impact on a
substantial number of small entities for several reasons: small vessel
traffic will be able to pass safely around the area and vessels engaged
in recreational activities, sightseeing and recreational fishing have
ample space outside of the security zone to engage in these activities.
Small entities and the maritime public will be advised of this security
zone via public notice to mariners.
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 Lieutenant Ian Callander,
Waterways Safety Branch, U.S. Coast Guard Sector San Francisco at (415)
556-2950 extension 142, or the 24 hour Command Center at (415) 399-
3547.
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).
[[Page 14647]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments or 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 M16475.1D,
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 because we are establishing a security
zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where located 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. Add Sec. 165.T11-073, to read as follows:
Sec. 165.T11-073 Security Zone; San Francisco Bay-Brooklyn Basin,
California.
(a) Definitions. As used in this section--
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Sector San Francisco.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector San Francisco with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(b) Locations. The following area is a security zone:
(1) San Francisco Bay. All waters extending from the surface to the
sea floor, from 37[deg]46'53'' N, 122[deg]15'05'' W southward to
37[deg]46'51'' N, 122[deg]15'07'' W, thence westward to 37[deg]47'00''
N, 122[deg]15'21'' W, thence northward to 37[deg]47'07'' N,
122[deg]15'13'' W, thence eastward along the shoreline of Coast Guard
Island back to the beginning.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this security zone is prohibited,
unless specifically authorized by the Captain of the Port San
Francisco, or his designated representative.
(2) Persons desiring to transit the area of a security zone may
contact the Captain of the Port at telephone number 415-399-3547 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area.
If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port, or his designated
representative.
(d) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port, or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall
[[Page 14648]]
proceed as directed. The U.S. Coast Guard may be assisted in the patrol
and enforcement of these security zones by local law enforcement as
necessary.
(e) Effective period. This section becomes effective at 8:30 a.m.
on March 31, 2006, and will terminate at 12 p.m. on March 31, 2006.
Dated: March 10, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco,
California.
[FR Doc. 06-2783 Filed 3-22-06; 8:45 am]
BILLING CODE 4910-15-P
