Safety Zone: M/V ZHEN HUA 1 Crane Delivery Operation, Columbia River, Portland, OR, 24578-24580 [06-3933]
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24578
Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Rules and Regulations
are considered acceptable for compliance
with the action specified in paragraph (f) of
this AD.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, New York Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(i) Canadian airworthiness directive CF–
2006–07, dated April 19, 2006, also addresses
the subject of this AD.
Material Incorporated by Reference
(j) You must use Bombardier Alert Service
Bulletin A601R–24–121, dated April 18,
2006, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Bombardier, Inc., Canadair,
Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9,
Canada, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code
_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on April 21,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–3990 Filed 4–25–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–06–016]
hsrobinson on PROD1PC68 with RULES
RIN 1625–AA00
Safety Zone: M/V ZHEN HUA 1 Crane
Delivery Operation, Columbia River,
Portland, OR
Coast Guard, DHS.
Temporary Final Rule.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is
establishing a temporary safety zone
around the M/V ZHEN HUA 1 while
underway, anchored or moored on the
Columbia River. Captain of the Port,
Portland Oregon is taking this action to
safeguard individuals and vessels from
safety hazards associated with the
transit of the M/V ZHEN HUA 1 while
it is transporting a gantry crane on the
Columbia River. This rule will provide
a moving safety zone around the vessel
for the purpose of safe and efficient
navigation.
DATES: This rule is effective from 12
a.m. (PDT) on April 24, 2006 through 12
a.m. (PDT) on May 8, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD13–06–
016] and are available for inspection or
copying at U.S. Coast Guard Sector
Portland, 6767 North Basin Ave.,
Portland, Oregon 97217 between 8 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Christopher Lumpkin, Coast Guard
Sector Portland, 6767 North Basin Ave.,
Portland, Oregon 97217, 503–240–9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and
5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for not publishing
an NPRM and for making this rule
effective less than 30 days after
publication in the Federal Register.
Because of the unpredictable nature of
the weather, the sponsor did not notify
the Coast Guard until recently with the
final details of the operation. The M/V
ZHEN HUA 1 will be severely restricted
in its ability to maneuver while
transiting the Columbia River and will
be a hazard to navigation and vessel
traffic in the vicinity of the vessel. If
normal notice and comment procedures
were followed, this rule would not
become effective until after the dates of
the event. For this reason, following
normal rulemaking procedures in this
case would be impracticable and
contrary to the public interest.
Background and Purpose
The Coast Guard is establishing a
temporary safety zone to ensure the
safety of vessel traffic in the area of the
M/V ZHEN HUA 1 as it enters and
transits the Columbia River to the Port
of Portland Container Terminal T–6.
The safety zone is necessary because the
beam of the vessel with the cargo
exceeds 412 feet.
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Fmt 4700
Sfmt 4700
The Coast Guard, through this action,
intends to assist and ensure the safe
transit of the M/V ZHEN HUA 1 because
of the large area this vessel with its
cargo will occupy as it transits the
Columbia River. This safety zone will be
enforced by representatives of the
Captain of the Port, Portland, Oregon.
Entry into the zone will be prohibited
unless authorized by the Captain of the
Port. The Captain of the Port may be
assisted by other Federal and local
agencies.
Discussion of Rule
The M/V ZHEN HUA 1 will be
transiting upbound on the Columbia
River from the mouth of the river to the
Port of Portland Container Terminal T–
6. The vessel is transporting a gantry
crane that exceeds the beam of the
vessel on the port side by 95 feet and
on the starboard side by 193 feet. Total
beam for the vessel with the crane
aboard is 412 feet. Maximum height of
the crane aboard the vessel will exceed
225 feet. Because of this beam width
and height of its cargo, the M/V ZHEN
HUA 1 will be severely restricted in its
ability to maneuver. The Coast Guard is
establishing a safety zone encompassing
a 100 hundred yard radius around the
M/V ZHEN HUA 1. This operation is
necessary for the safe navigation of
vessel traffic due to the beam of the
crane and the hazardous conditions
associated with it. During transit under
the bridges, safety concerns will be
heightened due to the small margin of
error for safe passage.
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 paragraph
10(e) of the regulatory policies and
procedures of DHS is unnecessary. This
expectation is based on the fact that the
regulated area established by the rule
encompasses a limited area for a limited
duration around the M/V ZHEN HUA 1
while transiting upbound on the
Columbia River. The moving safety zone
around this vessel will impinge on
commercial traffic lanes, but will be of
short duration.
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26APR1
Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Rules and Regulations
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities
because the zone will only be in place
for a limited duration of time and
maritime advisories will be issued
allowing mariners to adjust their plans
accordingly. However, this rule may
affect the following entities, some of
which may be small entities: the owners
and operators of vessels intending to
transit or anchor in that portion of the
Columbia River in which the M/V
ZHEN HUA 1 is operating during the
periods this safety zone is enforced.
If you believe 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 believe
it qualifies and how and to what degree
this rule would economically affect it.
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.
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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Collection of Information
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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).
hsrobinson on PROD1PC68 with RULES
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.
24579
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14:58 Apr 25, 2006
Jkt 208001
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Fmt 4700
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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24580
Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Rules and Regulations
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.
copying at U.S. Coast Guard Sector
Portland, 6767 N. Basin Ave., Portland,
Oregon 97217–3992 between 7 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
2. A temporary section 165.T13–006 is
added to read as follows:
FOR FURTHER INFORMATION CONTACT:
I
§ 165.T13–006 Safety Zone Regulations;
M/V ZHEN HUA 1
(a) Location. The following area is a
safety zone: All waters of the Columbia
River within a 100 yard radius centered
on the M/V ZHEN HUA 1 while the
vessel is underway, anchored or
moored.
(b) Regulations. In accordance with
the general regulations in section
165.23, no person or vessel may enter or
remain within this safety zone unless
authorized by the Captain of the Port or
his designated representatives.
(c) Enforcement Period. This section
will be enforced from 12 a.m. (PDT) on
April 24, 2006 through 12 a.m. (PDT) on
May 8, 2006 while the M/V ZHEN HUA
1 is underway, anchored or moored in
the Columbia River.
Dated: April 17, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 06–3933 Filed 4–25–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
LT
Shadrack Scheirman, Chief Port
Operations, USCG Sector Portland, 6767
N. Basin Ave., Portland, Oregon 97217;
telephone number (503) 240–9311.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and
5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for not publishing
an NPRM and making this rule effective
less than 30 days after publication in the
Federal Register because the Coast
Guard did not receive adequate prior
notification of the operation from the
event sponsor. Publishing a NPRM
would be contrary to public interest
since immediate action is necessary to
ensure the safety of vessels and
spectators gathering in the vicinity of
the tower implosion.
If normal notice and comment
procedures were followed, this rule
would not become effective until after
the dates of the event. For this reason,
following normal rulemaking
procedures in this case would be
impracticable and contrary to the public
interest.
Coast Guard
Background and Purpose
33 CFR Part 165
The Coast Guard is establishing a
temporary safety zone regulation in the
interest of public and maritime safety.
The implosion of the Trojan Power
Plant cooling tower will produce a dust
cloud that may spread across the
Columbia River. Depending upon wind
speed and direction on the day of the
implosion, the dust cloud could be a
hazard to the navigation of vessel traffic
in the area.
[CGD13–06–012]
RIN 1625–AA00
Safety Zone: Trojan Power Plant
Cooling Tower Implosion, Rainier, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
hsrobinson on PROD1PC68 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Columbia River in the vicinity of the
Trojan Power Plant. The Captain of the
Port, Portland, Oregon is taking this
action to safeguard individuals and
vessels from safety hazards associated
with the implosion of the Trojan Power
Plant cooling tower. Entry into this
safety zone is prohibited unless
authorized by the Captain of the Port.
DATES: This rule is effective from 6 a.m.
to 8 a.m. on May 21, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD13–06–
012] and are available for inspection or
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14:58 Apr 25, 2006
Jkt 208001
Discussion of Rule
This rule, for safety concerns, will
control individuals and vessel
movement in a regulated area
surrounding the Trojan Power Plant
cooling tower. Due to its close proximity
to the Columbia River, the implosion
operation will pose a hazard to
navigation. Entry into this zone is
prohibited unless authorized by the
Captain of the Port or his designated
representative. The Captain of the Port
will enforce this safety zone with the
assistance of other Federal, State and
local law enforcement agencies.
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Frm 00030
Fmt 4700
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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). 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 the DHS is unnecessary.
This expectation is based on the fact
that this rule will be in effect for the
minimum time necessary to safely
conduct the implosion operation. While
this rule is in effect, traffic will be
allowed to pass though the zone with
the permission of the Captain of the Port
or his designated representatives onscene.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Columbia River at the
corresponding time as drafted in this
rule.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Although the
safety zone will apply to the entire
width of the river, traffic will be
allowed to pass through the zone at
selected times with the permission of
the Captain of the Port or his designated
representative on-scene; before the
enforcement period, we will issue
maritime advisories widely available to
users of the river.
Because the impact of this rule is
expected to be so minimal, the Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
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Agencies
[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Rules and Regulations]
[Pages 24578-24580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3933]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-016]
RIN 1625-AA00
Safety Zone: M/V ZHEN HUA 1 Crane Delivery Operation, Columbia
River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
the M/V ZHEN HUA 1 while underway, anchored or moored on the Columbia
River. Captain of the Port, Portland Oregon is taking this action to
safeguard individuals and vessels from safety hazards associated with
the transit of the M/V ZHEN HUA 1 while it is transporting a gantry
crane on the Columbia River. This rule will provide a moving safety
zone around the vessel for the purpose of safe and efficient
navigation.
DATES: This rule is effective from 12 a.m. (PDT) on April 24, 2006
through 12 a.m. (PDT) on May 8, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD13-06-016] and are available for
inspection or copying at U.S. Coast Guard Sector Portland, 6767 North
Basin Ave., Portland, Oregon 97217 between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Christopher Lumpkin, Coast Guard
Sector Portland, 6767 North Basin Ave., Portland, Oregon 97217, 503-
240-9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Because of the unpredictable nature of the weather,
the sponsor did not notify the Coast Guard until recently with the
final details of the operation. The M/V ZHEN HUA 1 will be severely
restricted in its ability to maneuver while transiting the Columbia
River and will be a hazard to navigation and vessel traffic in the
vicinity of the vessel. If normal notice and comment procedures were
followed, this rule would not become effective until after the dates of
the event. For this reason, following normal rulemaking procedures in
this case would be impracticable and contrary to the public interest.
Background and Purpose
The Coast Guard is establishing a temporary safety zone to ensure
the safety of vessel traffic in the area of the M/V ZHEN HUA 1 as it
enters and transits the Columbia River to the Port of Portland
Container Terminal T-6. The safety zone is necessary because the beam
of the vessel with the cargo exceeds 412 feet.
The Coast Guard, through this action, intends to assist and ensure
the safe transit of the M/V ZHEN HUA 1 because of the large area this
vessel with its cargo will occupy as it transits the Columbia River.
This safety zone will be enforced by representatives of the Captain of
the Port, Portland, Oregon. Entry into the zone will be prohibited
unless authorized by the Captain of the Port. The Captain of the Port
may be assisted by other Federal and local agencies.
Discussion of Rule
The M/V ZHEN HUA 1 will be transiting upbound on the Columbia River
from the mouth of the river to the Port of Portland Container Terminal
T-6. The vessel is transporting a gantry crane that exceeds the beam of
the vessel on the port side by 95 feet and on the starboard side by 193
feet. Total beam for the vessel with the crane aboard is 412 feet.
Maximum height of the crane aboard the vessel will exceed 225 feet.
Because of this beam width and height of its cargo, the M/V ZHEN HUA 1
will be severely restricted in its ability to maneuver. The Coast Guard
is establishing a safety zone encompassing a 100 hundred yard radius
around the M/V ZHEN HUA 1. This operation is necessary for the safe
navigation of vessel traffic due to the beam of the crane and the
hazardous conditions associated with it. During transit under the
bridges, safety concerns will be heightened due to the small margin of
error for safe passage.
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 paragraph 10(e) of the
regulatory policies and procedures of DHS is unnecessary. This
expectation is based on the fact that the regulated area established by
the rule encompasses a limited area for a limited duration around the
M/V ZHEN HUA 1 while transiting upbound on the Columbia River. The
moving safety zone around this vessel will impinge on commercial
traffic lanes, but will be of short duration.
[[Page 24579]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities because the zone will only be in place for a limited duration
of time and maritime advisories will be issued allowing mariners to
adjust their plans accordingly. However, this rule may affect the
following entities, some of which may be small entities: the owners and
operators of vessels intending to transit or anchor in that portion of
the Columbia River in which the M/V ZHEN HUA 1 is operating during the
periods this safety zone is enforced.
If you believe 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 believe 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 Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
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:
[[Page 24580]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A temporary section 165.T13-006 is added to read as follows:
Sec. 165.T13-006 Safety Zone Regulations; M/V ZHEN HUA 1
(a) Location. The following area is a safety zone: All waters of
the Columbia River within a 100 yard radius centered on the M/V ZHEN
HUA 1 while the vessel is underway, anchored or moored.
(b) Regulations. In accordance with the general regulations in
section 165.23, no person or vessel may enter or remain within this
safety zone unless authorized by the Captain of the Port or his
designated representatives.
(c) Enforcement Period. This section will be enforced from 12 a.m.
(PDT) on April 24, 2006 through 12 a.m. (PDT) on May 8, 2006 while the
M/V ZHEN HUA 1 is underway, anchored or moored in the Columbia River.
Dated: April 17, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 06-3933 Filed 4-25-06; 8:45 am]
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