Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD, 18213-18216 [06-3422]
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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Issued in Renton, Washington, on April 4,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–3437 Filed 4–10–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–22472; Airspace
Docket No. 05–AGL–08]
Establishment of Class D Airspace;
Camp Ripley, MN; Establishment of
Class E Airspace; Camp Ripley, MN
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
D airspace at Camp Ripley, MN, and
establishes Class E airspace at Camp
Ripley, MN. This action establishes a
radius of Class D airspace, and
establishes a radius of Class E airspace
for Ray S. Miller Army Airfield.
DATES: Effective Date: 0901 UTC, June 8,
2006.
FOR FURTHER INFORMATION CONTACT:
Steve Davis, FAA Terminal Operations,
Central Service Office, Airspace and
Procedures Branch, AGL–530, 2300 East
Devon Avenue, Des Plaines, Illinois
60018, telephone (847) 294–7131.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
History
On Monday, October 31, 2005, the
FAA proposed to amend 14 CFR part 71
to establish Class D airspace, and
establish Class E airspace at Camp
Ripley, MN (70 FR 62257). The proposal
was to establish Class D airspace, and
establish Class E airspace extending
upward from the surface of the earth to
contain Instrument Flight Rules (IFR)
operations in controlled airspace during
portions of the terminal operation and
while transiting between the enroute
and terminal environments.
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No comments objecting to the proposal
were received. Class D airspace
designations are published in paragraph
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16:30 Apr 10, 2006
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5000, and Class E airspace areas
designated as surface areas in paragraph
6002, of FAA Order 7400.9N dated
September 1, 2005, and effective
September 16, 2005, which is
incorporated by reference in 14 CFR
71.1. The Class D and Class E airspace
designations listed in this document
will be published subsequently in the
Order.
The Rule
This amendment to 14 CFR part 71
establishes Class D airspace at Camp
Ripley, MN, and establishes Class E
airspace at Camp Ripley, MN, to
accommodate aircraft executing
instrument flight procedures into and
out of Ray S. Miller Army Airfield. The
area will be depicted on appropriate
aeronautical charts.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
curent. Therefore, this regulation—(1) is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and does
not warrant preparation of a Regulatory
Evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certifield that this rule will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
18213
Points, dated September 1, 2005, and
effective September 16, 2005, is
amended as follows:
*
*
*
*
*
Paragraph 5000
Class D airspace.
*
*
*
*
*
AGL MN D Camp Ripley, MN [New]
Camp Ripley, Ray S. Miller Army Airfield,
MN
(Lat. 46°05′28″ N., long. 94°21′38″ W.)
That airspace extending upward from the
surface to and including 3,700 feet MSL
within a 3.9-mile radius of the Ray S. Miller
Army Airfield. This Class D airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Airport/Facility Directory.
*
*
*
*
*
Paragraph 6002 Class E airspace designated
as surface areas.
*
*
*
*
*
AGL MN E2 Camp Ripley, MN [New]
Camp Ripley, Ray S. Miller Army Airfield,
MN
(Lat. 46°05′28″ N., long. 94°21′38″ W.)
Within a 3.9-mile radius of the Ray S.
Miller Army Airfield. This Class E
airspace area is effective during the
specific dates and times established in
advance by a Notice to Airmen. The
effective date and time will thereafter be
continuously published in the Airport/
Facility Directory.
*
*
*
*
*
Issued in Des Plaines, Illinois, on March
22, 2006.
Nancy B. Kort,
Area Director, Central Terminal Operations.
[FR Doc. 06–3426 Filed 4–10–05; 8:45 am]
BILLING CODE 4910–13–M
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES, AND REPORTING
POINTS
33 CFR Part 100
1. The authority citation for part 71
continues to read as follows:
Special Local Regulations for Marine
Events; Severn River, College Creek,
Weems Creek and Carr Creek,
Annapolis, MD
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 95665, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9N,
Airspace Designations and Reporting
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Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
I
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[CGD05–06–007]
SUMMARY: The Coast Guard is
permanently modifying the regulated
area defined in 33 CFR 100.518, and is
temporarily amending 33 CFR 100.518
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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations
to accommodate 2006 date changes for
the Safety at Sea Seminar, U.S. Naval
Academy Crew Races and the Blue
Angels Air Show. This rule is intended
to restrict vessel traffic in portions of the
Severn River, to provide for safety of life
on navigable waters during these events.
DATES: The suspension of § 100.518 and
the addition of temporary § 100.35–
T05–007 are effective from March 25,
2006 through June 1, 2006. The
amendments to § 100.518 are effective
on June 2, 2006.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD05–06–007] and are
available for inspection or copying at
Commander (oax), Fifth Coast Guard
District, 431 Crawford Street,
Portsmouth, Virginia 23704–5004
between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis M. Sens, Project Manager,
Auxiliary and Recreational Boating
Safety Branch, at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC61 with NOTICES
Regulatory Information
On February 9, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations for
Marine Events; Severn River, College
Creek, Weems Creek and Carr Creek,
Annapolis, MD’’ in the Federal Register
(71 FR 6715). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held. No other documents were
published as part of this rulemaking.
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 because the first event will take
place on March 25, 2006 and because
the former boundaries of the regulated
area are inadequate to protect the
public. These regulations are needed to
provide for the safety of life on
navigable waters during the events.
Background and Purpose
For 2006, the Coast Guard is
temporarily amending 33 CFR 100.518
to accommodate changes to the
enforcement period for U.S. Naval
Academy sponsored marine events. The
dates for the marine events for 2006 will
be: the Safety at Sea Seminar on April
1, 2006, the U.S. Naval Academy crew
races on March 25, April 15, April 22,
April 23, May 12 and May 28, 2006; and
the Blue Angels air show on May 23 and
May 24, 2006. The events will be
enforced from 5 a.m. to 6 p.m. on those
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15:47 Apr 10, 2006
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days and if the event’s daily activities
should conclude prior to 6 p.m.,
enforcement of this regulation may be
terminated earlier on that day at the
discretion of the Patrol Commander.
The U.S. Naval Academy, who is the
sponsor for all of these events, intends
to hold them annually on the dates
provided in 33 CFR 100.518; however,
in 2006 this is not possible. To
accommodate the availability of the
various marine event participants, new
dates were necessary to conduct the
events. The Coast Guard will
temporarily amend 33 CFR 100.518 to
reflect the 2006 schedule.
33 CFR 100.518 will also be
permanently amended to reflect changes
in the regulated area. The northwest
boundary of the regulated area is
bounded by a line approximately 1300
yards north and parallel with the U.S.
50 Severn River Bridge. The southeast
boundary of the regulated area is
extended approximately 1100 yards to
the south to a point 700 yards east of
Chinks Point, MD. The adjustments to
the regulated area have been made to
accommodate the aerobatic
maneuvering area for the Blue Angels
Air Show and encompass the rowing
course for Naval Academy Crew Races.
The temporary rule also reflects these
new regulated area boundaries.
Discussion of Comments and Changes
No comments were received in
response to the notice of proposed
rulemaking (NPRM) published in the
Federal Register. Minor stylistic
changes have been made and the
modified boundaries have been made
permanent.
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).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This action merely
establishes the dates on which the
existing regulations would be enforced
and modifies the boundaries of the
regulated area. It does not impose any
additional restrictions on vessel traffic.
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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 would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of the Severn River during the
event.
This rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons. It merely changes the
dates on which the existing regulations
will be enforced and modifies the
boundaries of the regulated area. It does
not impose any additional restrictions
on vessel traffic.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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
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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.
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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.
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Energy Effects
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)(h), of the
Instruction, from further environmental
documentation.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
Frm 00055
Fmt 4700
For the reasons discussed in the
preamble, the Coast Guard will amend
33 CFR part 100 as follows:
I
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.
PO 00000
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Revise § 100.518, paragraphs (a)(1)
and (c)(1) introductory text to read as
follows:
I
§ 100.518 Severn River, College Creek,
Weems Creek and Carr Creek, Annapolis,
Maryland.
(a) Regulated area. (1) The regulated
area is established for the waters of the
Severn River from shoreline to
shoreline, bounded to the northwest by
a line drawn from the south shoreline at
latitude 39°00′38.9″ N., longitude
076°31′05.2″ W. thence to the north
shoreline at latitude 39°00′54.7″ N.,
longitude 076°30′44.8″ W., this line is
approximately 1300 yards northwest of
the U.S. 50 fixed highway bridge. The
regulated area is bounded to the
southeast by a line drawn from the
Naval Academy Light at latitude
38°58′39.5″ N., longitude 076°28′49″ W.
thence southeast to a point 700 yards
east of Chinks Point, MD at latitude
38°58′1.9″ N., longitude 076°28′1.7″ W.
thence northeast to Greenbury Point at
latitude 38°58′29″ N., longitude
076°27′16″ W. All coordinates reference
Datum NAD 1983.
*
*
*
*
*
(c) Enforcement period. (1) This
section will be enforced during, and 30
minutes before each of the following
annual events:
*
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*
*
*
§ 100.518
[Suspended]
3. From March 25, 2006 through June
1, 2006, suspend § 100.518.
I 4. From March 25, 2006 through June
1, 2006, add temporary § 100.35–T05–
007 to read as follows:
I
§ 100.35–T05–007 Severn River, College
Creek, Weems Creek and Carr Creek,
Annapolis, Maryland.
(a) Regulated area. (1) The regulated
area is established for the waters of the
Severn River from shoreline to
shoreline, bounded to the northwest by
a line drawn from the south shoreline at
latitude 39°00′38.9″ N., longitude
076°31′05.2″ W. thence to the north
shoreline at latitude 39°00′54.7″ N.,
longitude 076°30′44.8″ W., this line is
approximately 1300 yards northwest of
the U.S. 50 fixed highway bridge. The
regulated area is bounded to the
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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations
southeast by a line drawn from the
Naval Academy Light at latitude
38°58′39.5″ N., longitude 076°28′49″ W.
thence southeast to a point 700 yards
east of Chinks Point, MD at latitude
38°58′1.9″ N., longitude 076°28′1.7″ W.
thence northeast to Greenbury Point at
latitude 38°58′29″ N., longitude
076°27′16″ W. All coordinates reference
Datum NAD 1983.
(b) Definitions. (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
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(c) Special local regulations. (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
immediate vicinity of the regulated area
shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(3) Any spectator vessel may anchor
outside of the regulated area specified in
paragraph (a)(1) of this section but may
not block a navigable channel.
(d) Enforcement period. (1) This
section will be enforced from 5 a.m. to
6 p.m. on the following days and if the
event’s daily activities should conclude
prior to 6 p.m., enforcement of this
section may be terminated for that day
at the discretion of the Patrol
Commander. Enforcement will be
during, and 30 minutes before each of
the following annual events:
(i) Safety at Sea Seminar, April 1,
2006;
(ii) Naval Academy Crew Races,
March 25, April 15, April 22, April 23,
May 12 and May 28, 2006;
(iii) Blue Angels Air Show, May 23
and May 24, 2006.
(2) The Commander, Fifth Coast
Guard District will publish a notice in
the Fifth Coast Guard District Local
Notice to Mariners announcing the
specific event times.
(e) Effective period. This section is
effective from March 25, 2006 through
June 1, 2006.
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Dated: March 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 06–3422 Filed 4–10–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0171; FRL–8053–2]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District and South Coast Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the San
Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) and South
Coast Air Quality Management District
(SCAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern particulate matter
(PM–10) emissions from open burning
and volatile organic compound (VOC)
emissions from gasoline storage and
transfer. We are approving local rules
that regulate these emission sources
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on June 12,
2006 without further notice, unless EPA
receives adverse comments by May 11,
2006. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2006–0171, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
• E-mail: steckel.andrew@epa.gov.
• Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
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provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
WWW.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Al
Petersen, EPA Region IX, (415) 947–
4118, petersen.alfred@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rule revisions meet the
evaluation criteria?
C. Public comment and final action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What Rules Did the State Submit?
Table 1 lists the rules we are
approving with the dates that the
amended rules were adopted by the
local air agencies and submitted by the
California Air Resources Board (CARB).
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]]>Agencies
[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Rules and Regulations]
[Pages 18213-18216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3422]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-007]
RIN 1625-AA08
Special Local Regulations for Marine Events; Severn River,
College Creek, Weems Creek and Carr Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is permanently modifying the regulated area
defined in 33 CFR 100.518, and is temporarily amending 33 CFR 100.518
[[Page 18214]]
to accommodate 2006 date changes for the Safety at Sea Seminar, U.S.
Naval Academy Crew Races and the Blue Angels Air Show. This rule is
intended to restrict vessel traffic in portions of the Severn River, to
provide for safety of life on navigable waters during these events.
DATES: The suspension of Sec. 100.518 and the addition of temporary
Sec. 100.35-T05-007 are effective from March 25, 2006 through June 1,
2006. The amendments to Sec. 100.518 are effective on June 2, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD05-06-007] and are available for inspection or
copying at Commander (oax), Fifth Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704-5004 between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis M. Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 9, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Severn
River, College Creek, Weems Creek and Carr Creek, Annapolis, MD'' in
the Federal Register (71 FR 6715). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
No other documents were published as part of this rulemaking.
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 because the first event will take
place on March 25, 2006 and because the former boundaries of the
regulated area are inadequate to protect the public. These regulations
are needed to provide for the safety of life on navigable waters during
the events.
Background and Purpose
For 2006, the Coast Guard is temporarily amending 33 CFR 100.518 to
accommodate changes to the enforcement period for U.S. Naval Academy
sponsored marine events. The dates for the marine events for 2006 will
be: the Safety at Sea Seminar on April 1, 2006, the U.S. Naval Academy
crew races on March 25, April 15, April 22, April 23, May 12 and May
28, 2006; and the Blue Angels air show on May 23 and May 24, 2006. The
events will be enforced from 5 a.m. to 6 p.m. on those days and if the
event's daily activities should conclude prior to 6 p.m., enforcement
of this regulation may be terminated earlier on that day at the
discretion of the Patrol Commander.
The U.S. Naval Academy, who is the sponsor for all of these events,
intends to hold them annually on the dates provided in 33 CFR 100.518;
however, in 2006 this is not possible. To accommodate the availability
of the various marine event participants, new dates were necessary to
conduct the events. The Coast Guard will temporarily amend 33 CFR
100.518 to reflect the 2006 schedule.
33 CFR 100.518 will also be permanently amended to reflect changes
in the regulated area. The northwest boundary of the regulated area is
bounded by a line approximately 1300 yards north and parallel with the
U.S. 50 Severn River Bridge. The southeast boundary of the regulated
area is extended approximately 1100 yards to the south to a point 700
yards east of Chinks Point, MD. The adjustments to the regulated area
have been made to accommodate the aerobatic maneuvering area for the
Blue Angels Air Show and encompass the rowing course for Naval Academy
Crew Races. The temporary rule also reflects these new regulated area
boundaries.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking (NPRM) published in the Federal Register. Minor stylistic
changes have been made and the modified boundaries have been made
permanent.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This action merely establishes the dates on
which the existing regulations would be enforced and modifies the
boundaries of the regulated area. It does not impose any additional
restrictions on vessel traffic.
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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the Severn River during the event.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. It
merely changes the dates on which the existing regulations will be
enforced and modifies the boundaries of the regulated area. It does not
impose any additional restrictions on vessel traffic.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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
[[Page 18215]]
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)(h), of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard will amend
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
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1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
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2. Revise Sec. 100.518, paragraphs (a)(1) and (c)(1) introductory text
to read as follows:
Sec. 100.518 Severn River, College Creek, Weems Creek and Carr Creek,
Annapolis, Maryland.
(a) Regulated area. (1) The regulated area is established for the
waters of the Severn River from shoreline to shoreline, bounded to the
northwest by a line drawn from the south shoreline at latitude
39[deg]00'38.9'' N., longitude 076[deg]31'05.2'' W. thence to the north
shoreline at latitude 39[deg]00'54.7'' N., longitude 076[deg]30'44.8''
W., this line is approximately 1300 yards northwest of the U.S. 50
fixed highway bridge. The regulated area is bounded to the southeast by
a line drawn from the Naval Academy Light at latitude 38[deg]58'39.5''
N., longitude 076[deg]28'49'' W. thence southeast to a point 700 yards
east of Chinks Point, MD at latitude 38[deg]58'1.9'' N., longitude
076[deg]28'1.7'' W. thence northeast to Greenbury Point at latitude
38[deg]58'29'' N., longitude 076[deg]27'16'' W. All coordinates
reference Datum NAD 1983.
* * * * *
(c) Enforcement period. (1) This section will be enforced during,
and 30 minutes before each of the following annual events:
* * * * *
Sec. 100.518 [Suspended]
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3. From March 25, 2006 through June 1, 2006, suspend Sec. 100.518.
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4. From March 25, 2006 through June 1, 2006, add temporary Sec.
100.35-T05-007 to read as follows:
Sec. 100.35-T05-007 Severn River, College Creek, Weems Creek and Carr
Creek, Annapolis, Maryland.
(a) Regulated area. (1) The regulated area is established for the
waters of the Severn River from shoreline to shoreline, bounded to the
northwest by a line drawn from the south shoreline at latitude
39[deg]00'38.9'' N., longitude 076[deg]31'05.2'' W. thence to the north
shoreline at latitude 39[deg]00'54.7'' N., longitude 076[deg]30'44.8''
W., this line is approximately 1300 yards northwest of the U.S. 50
fixed highway bridge. The regulated area is bounded to the
[[Page 18216]]
southeast by a line drawn from the Naval Academy Light at latitude
38[deg]58'39.5'' N., longitude 076[deg]28'49'' W. thence southeast to a
point 700 yards east of Chinks Point, MD at latitude 38[deg]58'1.9''
N., longitude 076[deg]28'1.7'' W. thence northeast to Greenbury Point
at latitude 38[deg]58'29'' N., longitude 076[deg]27'16'' W. All
coordinates reference Datum NAD 1983.
(b) Definitions. (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 Baltimore.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the immediate vicinity of the
regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(3) Any spectator vessel may anchor outside of the regulated area
specified in paragraph (a)(1) of this section but may not block a
navigable channel.
(d) Enforcement period. (1) This section will be enforced from 5
a.m. to 6 p.m. on the following days and if the event's daily
activities should conclude prior to 6 p.m., enforcement of this section
may be terminated for that day at the discretion of the Patrol
Commander. Enforcement will be during, and 30 minutes before each of
the following annual events:
(i) Safety at Sea Seminar, April 1, 2006;
(ii) Naval Academy Crew Races, March 25, April 15, April 22, April
23, May 12 and May 28, 2006;
(iii) Blue Angels Air Show, May 23 and May 24, 2006.
(2) The Commander, Fifth Coast Guard District will publish a notice
in the Fifth Coast Guard District Local Notice to Mariners announcing
the specific event times.
(e) Effective period. This section is effective from March 25, 2006
through June 1, 2006.
Dated: March 23, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-3422 Filed 4-10-06; 8:45 am]
BILLING CODE 4910-15-P
