Safety Zone; 1.5NM North of Glass Breakwater, Philippine Sea, GU, 19650-19652 [06-3610]

Download as PDF 19650 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Rules and Regulations 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 made a preliminary determination 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, we believe that this rule should be categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. This event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. A preliminary ‘‘Environmental Analysis Check List’’ is available in the docket where indicated under ADDRESSES. Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. 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. 2. Add § 165.T09.018 to read as follows: I rmajette on PROD1PC67 with RULES § 165.T09.018 Safety Zone; Chicago Sanitary and Ship Canal, Romeoville, IL. (a) Location. The following is a safety zone: all waters, bank-to-bank, from the Romeo Road Bridge at Mile Marker 296.1 to the aerial pipeline arch at Mile Marker 296.7 on Chicago Sanitary and Ship Canal. VerDate Aug<31>2005 16:26 Apr 14, 2006 Jkt 208001 (b) Effective time and date. This rule is in effect from 7 a.m. (local) on April 10, 2006 until 7 a.m. (local) on June 30, 2006. Enforcement periods will be announced via Broadcast Notice to Mariners. Captain of the Port Lake Michigan or the on scene representative may terminate this operation at anytime. (c) Regulations. In accordance with § 165.23, entry into this zone is prohibited unless authorized by the Coast Guard Captain of the Port Lake Michigan, or the designated on-scene representative. Section 165.23 also contains other general requirements. Regulatory Information DEPARTMENT OF HOMELAND SECURITY 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. Notice of this detonation operation was not received in time to engage in full rulemaking. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the event would occur before the rulemaking process was complete, thereby jeopardizing the safety of the people and property unknowingly transiting or remaining in the area. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The COTP finds this good cause to be the immediate need for a safety zone to allay the aforementioned safety concerns surrounding the U.S. Air Force operations. Coast Guard Background and Purpose Dated: April 6, 2006. S.P. LaRochelle, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 06–3609 Filed 4–14–06; 8:45 am] BILLING CODE 4910–15–P 33 CFR Part 165 [COTP Guam 06–004] RIN 1625–AA00 Safety Zone; 1.5NM North of Glass Breakwater, Philippine Sea, GU Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone in the waters of the Philippine Sea. This safety zone is necessary to protect mariners who would otherwise transit or be within the affected area from possible safety hazards associated with this simulated floating mine neutralization exercise. Entry of persons or vessels into this temporary safety zone is prohibited unless authorized by the Captain of the Port (COTP). DATES: This rule is effective from 1 p.m. to 3 p.m. (Kilo, Local Time) on April 21, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket COTP Guam 06–004 and are available for inspection or copying at Coast Guard Sector Guam between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jose M. Rosario, U.S. Coast Guard Sector Guam at (671) 339–2001 Extension 159. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 The Coast Guard expects that, on April 21, 2006, the U.S. Navy will conduct a simulated floating mine neutralization exercise within the Guam Captain of the Port Zone. The Coast Guard has determined that a temporary safety zone in the waters of the Philippine Sea, about 1.5NM north of Glass Breakwater, Guam, bounded by a circle with a 330-yard radius for vessels and 3000-yard radius for persons in the water is necessary to protect them from hazards associated with the exercise. Discussion of Rule This temporary safety zone is effective from 1 p.m. to 3 p.m. (Kilo, Local Time) on April 21, 2006. It is located within the Guam Captain of the Port Zone (See 33 CFR 3.70–15) and covers all waters bounded by a circle with a 330-yard radius for vessels and 3000-yard radius for persons in the water, centered at 13° 29′ 03″ North Latitude and 144°40′ 04″ East Longitude (NAD 1983), from the surface of the water to the ocean floor. The general regulations governing safety zones contained in 33 CFR 165.23 apply. Entry into, transit through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce the zone. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Rules and Regulations application of the safety zone is unnecessary or impractical for the purpose of maritime safety. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under § 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). The Coast Guard expects 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 expectation is based on the short duration of the zone and the limited geographic area affected by it. rmajette on PROD1PC67 with RULES Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule will 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 that there will be little or no impact to small entities due to the narrowly tailored scope of this 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 offer to assist small entities in understanding this 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 VerDate Aug<31>2005 15:00 Apr 14, 2006 Jkt 208001 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 either preempts State law or imposes 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 19651 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 is 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 limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, under figure 2–1, paragraph (34)(g) of the Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. List of Subjects 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping E:\FR\FM\17APR1.SGM 17APR1 19652 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Rules and Regulations requirements, Security measures, Waterways. ENVIRONMENTAL PROTECTION AGENCY For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 40 CFR Parts 63 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Louisiana I [EPA–R06–OAR–2005–LA–0004; FRL–8159– 1] 1. The authority citation for part 165 continues to read as follows: I I Add § 165.T14–137 to read as follows: § 165.T14–137 Safety Zone; 1.5NM North of Glass Breakwater, Philippine Sea, Guam rmajette on PROD1PC67 with RULES (a) Location. The following area, from the surface of the water to the ocean floor, is a safety zone: All waters bounded by a circle with a 330-yard radius for vessels and 3000-yard radius for persons in the water, centered at 13° 29′ 03″ North Latitude and 144° 40′ 04″ East Longitude (NAD 1983). (b) Effective Dates. This safety zone is effective from 1 p.m. to 3 p.m. (Kilo, Local Time) on April 21, 2006. (c) Regulations. The general regulations governing security zones contained in 33 CFR 165.23 apply. Entry into, transit through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. (d) Enforcement. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce this temporary safety zone. (e) Waiver. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (f) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: April 4, 2006. W.R. Marhoffer, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 06–3610 Filed 4–14–06; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 15:00 Apr 14, 2006 Jkt 208001 Environmental Protection Agency (EPA). ACTION: Direct final rule; delegation of authority. AGENCY: 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. SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for certain sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by EPA, as amended through July 1, 2004. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is taking direct final action to approve the delegation of certain NESHAPs to LDEQ. DATES: This rule is effective on June 16, 2006, without further notice, unless EPA receives adverse comment by May 17, 2006. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R06– OAR–2005–LA–0004, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • U.S. EPA Region 6 ‘‘Contact Us’’ Web site: http://epa.gov/region6/ r6coment.htm Please click on ‘‘6PD’’ (Multimedia) and select ‘‘Air’’ before submitting comments. • E-mail: Jeff Robinson at robinson.jeffrey@epa.gov. Please also cc the person listed in the FOR FURTHER INFORMATION CONTACT section below. • Fax: Mr. Jeff Robinson, Air Permits Section (6PD–R), at fax number 214– 665–7263. • Mail: Mr. Jeff Robinson, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. • Hand or Courier Delivery: Mr. Jeff Robinson, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Such deliveries are accepted only between the hours of 8 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 a.m. and 4 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2005– LA–0004. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 in http:// www.regulations.gov or at the Air Permitting Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT E:\FR\FM\17APR1.SGM 17APR1

Agencies

[Federal Register Volume 71, Number 73 (Monday, April 17, 2006)]
[Rules and Regulations]
[Pages 19650-19652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3610]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Guam 06-004]
RIN 1625-AA00


Safety Zone; 1.5NM North of Glass Breakwater, Philippine Sea, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Philippine Sea. This safety zone is necessary to protect 
mariners who would otherwise transit or be within the affected area 
from possible safety hazards associated with this simulated floating 
mine neutralization exercise. Entry of persons or vessels into this 
temporary safety zone is prohibited unless authorized by the Captain of 
the Port (COTP).

DATES: This rule is effective from 1 p.m. to 3 p.m. (Kilo, Local Time) 
on April 21, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Guam 06-004 and are available for 
inspection or copying at Coast Guard Sector Guam between 7:30 a.m. and 
3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jose M. 
Rosario, U.S. Coast Guard Sector Guam at (671) 339-2001 Extension 159.

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. Notice of this detonation 
operation was not received in time to engage in full rulemaking. 
Publishing an NPRM and delaying the effective date would be contrary to 
the public interest since the event would occur before the rulemaking 
process was complete, thereby jeopardizing the safety of the people and 
property unknowingly transiting or remaining in the area. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. The COTP finds this good cause to be the immediate 
need for a safety zone to allay the aforementioned safety concerns 
surrounding the U.S. Air Force operations.

Background and Purpose

    The Coast Guard expects that, on April 21, 2006, the U.S. Navy will 
conduct a simulated floating mine neutralization exercise within the 
Guam Captain of the Port Zone. The Coast Guard has determined that a 
temporary safety zone in the waters of the Philippine Sea, about 1.5NM 
north of Glass Breakwater, Guam, bounded by a circle with a 330-yard 
radius for vessels and 3000-yard radius for persons in the water is 
necessary to protect them from hazards associated with the exercise.

Discussion of Rule

    This temporary safety zone is effective from 1 p.m. to 3 p.m. 
(Kilo, Local Time) on April 21, 2006. It is located within the Guam 
Captain of the Port Zone (See 33 CFR 3.70-15) and covers all waters 
bounded by a circle with a 330-yard radius for vessels and 3000-yard 
radius for persons in the water, centered at 13[deg] 29[min] 03[sec] 
North Latitude and 144[deg]40[min] 04[sec] East Longitude (NAD 1983), 
from the surface of the water to the ocean floor.
    The general regulations governing safety zones contained in 33 CFR 
165.23 apply. Entry into, transit through, or anchoring within this 
zone is prohibited unless authorized by the Captain of the Port or a 
designated representative thereof. Any Coast Guard commissioned, 
warrant, or petty officer, and any other Captain of the Port 
representative permitted by law, may enforce the zone. The Captain of 
the Port may waive any of the requirements of this rule for any person, 
vessel, or class of vessel upon finding that

[[Page 19651]]

application of the safety zone is unnecessary or impractical for the 
purpose of maritime safety. Vessels or persons violating this rule are 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under Sec.  
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).
    The Coast Guard expects 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 expectation is based on the 
short duration of the zone and the limited geographic area affected by 
it.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 that there will be little or no impact to small 
entities due to the narrowly tailored scope of this 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 offer to assist small 
entities in understanding this 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 either preempts State law or imposes 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 is 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 limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation.

List of Subjects 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping

[[Page 19652]]

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
Add Sec.  165.T14-137 to read as follows:


Sec.  165.T14-137  Safety Zone; 1.5NM North of Glass Breakwater, 
Philippine Sea, Guam

    (a) Location. The following area, from the surface of the water to 
the ocean floor, is a safety zone: All waters bounded by a circle with 
a 330-yard radius for vessels and 3000-yard radius for persons in the 
water, centered at 13[deg] 29[min] 03[sec] North Latitude and 144[deg] 
40[min] 04[sec] East Longitude (NAD 1983).
    (b) Effective Dates. This safety zone is effective from 1 p.m. to 3 
p.m. (Kilo, Local Time) on April 21, 2006.
    (c) Regulations. The general regulations governing security zones 
contained in 33 CFR 165.23 apply. Entry into, transit through, or 
anchoring within this zone is prohibited unless authorized by the 
Captain of the Port or a designated representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce this temporary safety zone.
    (e) Waiver. The Captain of the Port may waive any of the 
requirements of this rule for any person, vessel, or class of vessel 
upon finding that application of the safety zone is unnecessary or 
impractical for the purpose of maritime security.
    (f) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: April 4, 2006.
W.R. Marhoffer,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 06-3610 Filed 4-14-06; 8:45 am]
BILLING CODE 4910-15-P