Security Zones; Captain of the Port Zone Jacksonville, FL, 26416-26419 [06-4260]
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26416
Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Rules and Regulations
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
cprice-sewell on PROD1PC66 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g. specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 (32)(e), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (32)(e) of the Instruction, an
‘‘Environmental Analysis Checklist’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
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List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the
preamble, the Coast Guard is amending
33 CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In § 117.675, remove paragraph (a)
and redesignate paragraphs (b) and (c)
as paragraphs (a) and (b).
I
Dated: April 27, 2006.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. 06–4261 Filed 5–4–06; 8:45 am]
BILLING CODE 4910–15–P
establishing a security zone, in 33 CFR
165.1312, for the security of public
vessels on a portion of the Willamette
River during the fleet week of the Rose
Festival. This security zone provides for
the regulation of vessel traffic in the
vicinity of the moored vessels. Entry
into this zone is prohibited unless
authorized by the Captain of the Port or
his designee. The Captain of the Port
Portland will begin enforcing the Rose
Festival Security Zone established by 33
CFR 165.1312 on June 7, 2006. The
Captain of the Port may be assisted by
other Federal, state, or local agencies in
enforcing this security zone. This
security zone will be enforced until June
12, 2006.
Dated: April 26, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland.
[FR Doc. 06–4266 Filed 5–4–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Coast Guard
[COTP Jacksonville–06–072]
33 CFR Part 165
RIN 1625–AA87
[CGD13–06–020]
Security Zones; Captain of the Port
Zone Jacksonville, FL
RIN 1625–AA87
33 CFR Part 165
Coast Guard, DHS.
Temporary final rule.
AGENCY:
Security Zone: Portland Rose Festival
on Willamette River
Coast Guard, DHS.
ACTION: Notice of enforcement.
AGENCY:
SUMMARY: The Captain of the Port
Portland, Oregon will begin enforcing
on June 7, 2006 the Portland Rose
Festival Security Zone established by 33
CFR 165.1312 until June 12, 2006. This
zone provides for the security of public
vessels on a portion of the Willamette
River during the fleet week of the 2006
Rose Festival.
DATES: This notice of enforcement for 33
CFR 165.1312 will be enforced from
June 7, 2006 until June 12, 2006.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Christopher Lumpkin, c/o
Captain of the Port Portland, OR, 6767
North Basin Avenue, Portland, OR
97217 at (503) 240–9301 to obtain
information concerning enforcement of
this rule.
SUPPLEMENTARY INFORMATION: On May
29, 2003, the Coast Guard published a
final rule (68 FR 31979, which was later
amended, 70 FR 33352, June 8, 2005)
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ACTION:
SUMMARY: The Coast Guard is
temporarily establishing security zones
around any vessel escorted by one or
more Coast Guard, State, or local law
enforcement assets within the Captain
of the Port Zone Jacksonville, FL. No
vessel or person is allowed within 100
yards of an escorted vessel, while
within the navigable waters of the
Captain of the Port Zone, Jacksonville,
FL, unless authorized by the Captain of
the Port Jacksonville, FL or designated
representative. Additionally, all vessels
within 500 yards of an escorted vessel
in the Captain of the Port Zone
Jacksonville, FL will be required to
operate at a minimum speed necessary
to maintain a safe course. This action is
necessary to protect personnel, vessels,
and facilities from sabotage or other
subversive acts, accidents, or other
events of a similar nature.
DATES: This rule is effective from April
29, 2006, through August 1, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (COTP
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Jacksonville 06–072) and are available
for inspection or copying at Coast Guard
Sector Jacksonville Prevention
Department, 7820 Arlington
Expressway, Suite 400, Jacksonville, FL
32211, between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention
Department, Florida tel: (904) 232–2640,
ext. 108.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The COTP
has determined that this temporary rule
needs to be effective starting April 29,
2006, and that delaying its effective date
would be contrary to public interest
because security zones around escorted
vessels are necessary to ensure the safe
transit of the escorted vessels as well as
the public. Certain vessel movements
are more vulnerable to terrorist acts and
it would be contrary to the public
interest to publish an NPRM which
would incorporate a notice and
comment period that would delay the
effective date of this regulation.
For the same reasons and 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.
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Background and Purpose
The terrorist attacks of September
2001 heightened the need for
development of various security
measures throughout the seaports of the
United States, particularly around
vessels and facilities whose presence or
movement creates a heightened
vulnerability to terrorist acts; or those
for which the consequences of terrorist
acts represent a threat to national
security. The President of the United
States has found that the security of the
United States is and continues to be
endangered following the attacks of
September 11 (E.O. 13273, 67 FR 56215,
September 3, 2002). Additionally,
national security and intelligence
officials continue to warn that future
terrorist attacks are likely.
King’s Bay, GA, and the Ports of
Jacksonville, FL, and Canaveral, FL
receive vessels that carry sensitive
Department of Defense cargoes as well
as foreign naval vessels that require
additional safeguards. The Captain of
the Port (COTP) Jacksonville has
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determined that these vessels have a
significant vulnerability to subversive
activity by vessels or persons within the
Jacksonville Captain of the Port Zone, as
described in 33 CFR 3.35–20. This rule
enables the COTP Jacksonville to
provide effective port security, while
minimizing the public’s confusion and
ease the administrative burden of
implementing separate temporary
security zones for each escorted vessel.
Discussion of Rule
This rule prohibits persons and
vessels from coming within 100 yards of
all escorted vessels within the navigable
waters of the Captain of the Port Zone
Jacksonville, FL, as described in 33 CFR
3.35–20. No vessel or person may enter
within a 100 yard radius of an escorted
vessel unless authorized by the Coast
Guard Captain of the Port Jacksonville,
FL or designated representative. Persons
or vessels that receive permission to
enter the security zone must proceed at
a minimum safe speed and must comply
with all orders issued by the COTP or
designated representative. Additionally,
a vessel operating within 500 yards of
an escorted vessel must proceed at a
minimum speed necessary to maintain a
safe course, unless otherwise required to
maintain speed by the navigation rules,
and must comply with the orders of the
COTP Jacksonville or their designated
representative.
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).
While recognizing the potential
impacts to the public, the Coast Guard
believes the security zones are necessary
for the reasons described above.
However, 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. There is generally
enough room for vessels to navigate
around these security zones. Where
such room is not available and security
conditions permit, the Captain of the
Port will attempt to provide flexibility
for individual vessels as needed.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
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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 would not
have a significant economic impact on
a substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit King’s Bay
and the Ports of Jacksonville and
Canaveral in the vicinity of escorted
vessels. This rule would not have a
significant impact on a substantial
number of small entities because the
zones are limited in size, leaving in
most cases ample space for vessels to
navigate around them. The zones will
not significantly impact commercial and
passenger vessel traffic patterns, and
mariners will be notified of the zones
via Local Notice to Mariners and marine
broadcasts. Where such room is not
available and security conditions
permit, the Captain of the Port will
attempt to provide flexibility for
individual vessels to transit through the
zones as needed.
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 affect it economically.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. 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).
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Rules and Regulations
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).
Government and Indian tribes. We
invite your comments on how this rule
might impact tribal governments, even if
that impact may not constitute a ‘‘tribal
implication’’ under the Order.
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.
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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
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.
Although this rule would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule would 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.
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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
would not create an environmental risk
to health or risk to safety that might
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 would 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
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Jkt 208001
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, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation. A preliminary
‘‘Environmental Analysis Check List’’ is
available in the docket where indicated
under ADDRESSES. Comments on this
section will be considered before we
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make the final decision on whether this
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.
I 2. Add § 165.T07–072 to read as
follows:
§ 165.T07–072 Security Zones; King’s Bay,
GA, and the Ports of Jacksonville, FL, and
Canaveral, FL.
(a) Definitions. The following
definitions apply to this section:
Designated representatives means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement
of the regulated navigation areas and
security zones.
Escorted vessel means a vessel, other
than a U.S. naval vessel as defined in
Sec 165.2015 that is accompanied by
one or more Coast Guard assets or other
Federal, State or local law enforcement
agency assets as listed below:
(1) Coast Guard surface or air asset
displaying the Coast Guard insignia.
(2) Coast Guard Auxiliary surface
asset displaying the Coast Guard
Auxiliary insignia.
(3) State and/or local law enforcement
asset displaying the applicable agency
markings and/or equipment associated
with the agency.
Minimum Safe Speed means the
speed at which a vessel proceeds when
it is fully off plane, completely settled
in the water and not creating excessive
wake. Due to the different speeds at
which vessels of different sizes and
configurations may travel while in
compliance with this definition, no
specific speed is assigned to minimum
safe speed. In no instance should
minimum safe speed be interpreted as a
speed less than that required for a
particular vessel to maintain
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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Rules and Regulations
steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
State and/or local law enforcement
officer means any State or local
government law enforcement officer
who has authority to enforce State or
local laws.
(b) Regulated Area. All navigable
waters within the Captain of the Port
Zone Jacksonville, FL, as described in
33 CFR 3.35–20.
(c) Regulations. (1) A 100 yard
Security Zone is established around,
and centered on each Escorted vessel
within the Regulated Area. This is a
moving security zone when the Escorted
vessel is in transit and becomes a fixed
zone when the Escorted vessel is
anchored or moored. The general
regulations for Security Zones contained
in § 165.33 of this part applies to this
section.
(2) A vessel in the Regulated Area
operating between 100 yards and 500
yards of an Escorted vessel must
proceed at the minimum speed
necessary to maintain a safe course,
unless otherwise required to maintain
speed by the navigation rules, and must
comply with the orders of the COTP
Jacksonville or their designated
representative.
(3) Persons or vessels shall contact the
COTP Jacksonville to request
permission to deviate from these
regulations. The COTP Jacksonville may
be contacted at (904) 247–7318 or on
VHF channel 16.
(4) The COTP will inform the public
of the existence or status of Escorted
vessels in the Regulated Area by
Broadcast Notice to Mariners.
(d) Effective period. This section is
effective from April 29, 2006, through
August 1, 2006.
Dated: April 20, 2006.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 06–4260 Filed 5–4–06; 8:45 am]
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BILLING CODE 4910–15–P
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Jkt 208001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–06–019]
RIN 1625–AA00
Security and Safety Zone: Protection
of Large Passenger Vessels, Portland,
OR
Coast Guard, DHS.
ACTION: Notice of enforcement.
AGENCY:
SUMMARY: The Captain of the Port
Portland, Oregon will begin, on April
23, 2006, enforcing a small area of the
greater Large Passenger Vessel Security
and Safety Zones that were published in
the Federal Register on September 12,
2003. The zones provide for the security
and safety of large passenger vessels in
the navigable waters of Captain of the
Port Portland, Oregon zone and adjacent
waters. These security and safety zones
will be enforced for passenger cruise
ships only and only from the mouth of
the Columbia River at buoy 14 upriver
to, and including, Astoria, Oregon until
October 31, 2006.
DATES: This notice of enforcement for 33
CFR 165.1318 will be effective from
April 23, 2006 to October 31, 2006, at
which time the enforcement of this rule
will be suspended without further
notice.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Christopher Lumpkin, c/o
Captain of the Port Portland, OR, 6767
North Basin Avenue, Portland, OR
97217 at (503) 240–9301 to obtain
information concerning enforcement of
this rule.
SUPPLEMENTARY INFORMATION: On
September 12, 2003, the Coast Guard
published a final rule (68 FR 53677)
establishing regulations in 33 CFR
165.1318 for the security and safety of
large passenger vessels in the navigable
waters of Portland, OR and adjacent
waters of Oregon and Washington.
These security and safety zones provide
for the regulation of vessel traffic in the
vicinity of certain large passenger
vessels (as defined in § 165.1318(b)) and
exclude persons and vessels from the
immediate vicinity of these large
passenger vessels.
On April 23, 2006, for passenger
cruise ships only, the Captain of the
Port Portland, Oregon will begin
enforcing only the area of the Large
Passenger Vessel Safety and Security
Zones, established in 33 CFR 165.1318,
from the mouth of the Columbia River
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26419
at buoy 14 upriver to, and including,
Astoria, OR. Entry into these zones is
prohibited unless otherwise exempted
or excluded under the final rule or
unless authorized by the Captain of the
Port or his designee. The Captain of the
Port may be assisted by other Federal,
State, or local agencies in enforcing
these zones. These security and safety
zones will be enforced until October 31,
2006, at which time the enforcement of
this rule will be suspended without
further notice.
Dated: April 26, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 06–4275 Filed 5–4–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2005–0170 FRL–8167–4]
Regulation of Fuels and Fuel
Additives: Removal of Reformulated
Gasoline Oxygen Content Requirement
and Revision of Commingling
Prohibition To Address NonOxygenated Reformulated Gasoline;
Partial Withdrawal; Correction
Environmental Protection
Agency (EPA).
ACTION: Partial withdrawal of direct
final rule; correction.
AGENCY:
SUMMARY: On February 22, 2006, the
EPA issued a direct final rule for the
removal of the reformulated gasoline
(RFG) oxygen content requirement and
the revision of the RFG commingling
prohibition to address non-oxygenated
reformulated gasoline. We stated in the
direct final rule that if we received
adverse comment by March 24, 2006,
EPA would publish a timely withdrawal
notice in the Federal Register informing
the public that the portions of the rule
on which adverse comment were
received were withdrawn. We
subsequently received adverse comment
on the provisions designed to remove
the oxygen content requirement for RFG
and are, therefore, withdrawing those
provisions. We will address the adverse
comment in a subsequent final action
based on the parallel proposal
published on February 22, 2006 (71 FR
9070). As stated in the parallel proposal,
we will not institute a second comment
period on this action. The portions of
the direct final rule that are not
withdrawn (i.e., provisions relating to
the commingling prohibition) will
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Agencies
[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Rules and Regulations]
[Pages 26416-26419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4260]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville-06-072]
RIN 1625-AA87
Security Zones; Captain of the Port Zone Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily establishing security zones
around any vessel escorted by one or more Coast Guard, State, or local
law enforcement assets within the Captain of the Port Zone
Jacksonville, FL. No vessel or person is allowed within 100 yards of an
escorted vessel, while within the navigable waters of the Captain of
the Port Zone, Jacksonville, FL, unless authorized by the Captain of
the Port Jacksonville, FL or designated representative. Additionally,
all vessels within 500 yards of an escorted vessel in the Captain of
the Port Zone Jacksonville, FL will be required to operate at a minimum
speed necessary to maintain a safe course. This action is necessary to
protect personnel, vessels, and facilities from sabotage or other
subversive acts, accidents, or other events of a similar nature.
DATES: This rule is effective from April 29, 2006, through August 1,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (COTP
[[Page 26417]]
Jacksonville 06-072) and are available for inspection or copying at
Coast Guard Sector Jacksonville Prevention Department, 7820 Arlington
Expressway, Suite 400, Jacksonville, FL 32211, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention Department, Florida tel: (904) 232-2640,
ext. 108.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The COTP has determined that
this temporary rule needs to be effective starting April 29, 2006, and
that delaying its effective date would be contrary to public interest
because security zones around escorted vessels are necessary to ensure
the safe transit of the escorted vessels as well as the public. Certain
vessel movements are more vulnerable to terrorist acts and it would be
contrary to the public interest to publish an NPRM which would
incorporate a notice and comment period that would delay the effective
date of this regulation.
For the same reasons and 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.
Background and Purpose
The terrorist attacks of September 2001 heightened the need for
development of various security measures throughout the seaports of the
United States, particularly around vessels and facilities whose
presence or movement creates a heightened vulnerability to terrorist
acts; or those for which the consequences of terrorist acts represent a
threat to national security. The President of the United States has
found that the security of the United States is and continues to be
endangered following the attacks of September 11 (E.O. 13273, 67 FR
56215, September 3, 2002). Additionally, national security and
intelligence officials continue to warn that future terrorist attacks
are likely.
King's Bay, GA, and the Ports of Jacksonville, FL, and Canaveral,
FL receive vessels that carry sensitive Department of Defense cargoes
as well as foreign naval vessels that require additional safeguards.
The Captain of the Port (COTP) Jacksonville has determined that these
vessels have a significant vulnerability to subversive activity by
vessels or persons within the Jacksonville Captain of the Port Zone, as
described in 33 CFR 3.35-20. This rule enables the COTP Jacksonville to
provide effective port security, while minimizing the public's
confusion and ease the administrative burden of implementing separate
temporary security zones for each escorted vessel.
Discussion of Rule
This rule prohibits persons and vessels from coming within 100
yards of all escorted vessels within the navigable waters of the
Captain of the Port Zone Jacksonville, FL, as described in 33 CFR 3.35-
20. No vessel or person may enter within a 100 yard radius of an
escorted vessel unless authorized by the Coast Guard Captain of the
Port Jacksonville, FL or designated representative. Persons or vessels
that receive permission to enter the security zone must proceed at a
minimum safe speed and must comply with all orders issued by the COTP
or designated representative. Additionally, a vessel operating within
500 yards of an escorted vessel must proceed at a minimum speed
necessary to maintain a safe course, unless otherwise required to
maintain speed by the navigation rules, and must comply with the orders
of the COTP Jacksonville or their designated representative.
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).
While recognizing the potential impacts to the public, the Coast
Guard believes the security zones are necessary for the reasons
described above. However, 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. There is generally
enough room for vessels to navigate around these security zones. Where
such room is not available and security conditions permit, the Captain
of the Port will attempt to provide flexibility for individual vessels
as needed.
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
would not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit King's Bay and the Ports of Jacksonville and
Canaveral in the vicinity of escorted vessels. This rule would not have
a significant impact on a substantial number of small entities because
the zones are limited in size, leaving in most cases ample space for
vessels to navigate around them. The zones will not significantly
impact commercial and passenger vessel traffic patterns, and mariners
will be notified of the zones via Local Notice to Mariners and marine
broadcasts. Where such room is not available and security conditions
permit, the Captain of the Port will attempt to provide flexibility for
individual vessels to transit through the zones as needed.
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 affect it economically.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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).
[[Page 26418]]
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. Although this rule would not result in such an expenditure,
we do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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 would not create an
environmental risk to health or risk to safety that might
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 would 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. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. 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 this 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T07-072 to read as follows:
Sec. 165.T07-072 Security Zones; King's Bay, GA, and the Ports of
Jacksonville, FL, and Canaveral, FL.
(a) Definitions. The following definitions apply to this section:
Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and Federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones.
Escorted vessel means a vessel, other than a U.S. naval vessel as
defined in Sec 165.2015 that is accompanied by one or more Coast Guard
assets or other Federal, State or local law enforcement agency assets
as listed below:
(1) Coast Guard surface or air asset displaying the Coast Guard
insignia.
(2) Coast Guard Auxiliary surface asset displaying the Coast Guard
Auxiliary insignia.
(3) State and/or local law enforcement asset displaying the
applicable agency markings and/or equipment associated with the agency.
Minimum Safe Speed means the speed at which a vessel proceeds when
it is fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a particular vessel to maintain
[[Page 26419]]
steerageway. A vessel is not proceeding at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
State and/or local law enforcement officer means any State or local
government law enforcement officer who has authority to enforce State
or local laws.
(b) Regulated Area. All navigable waters within the Captain of the
Port Zone Jacksonville, FL, as described in 33 CFR 3.35-20.
(c) Regulations. (1) A 100 yard Security Zone is established
around, and centered on each Escorted vessel within the Regulated Area.
This is a moving security zone when the Escorted vessel is in transit
and becomes a fixed zone when the Escorted vessel is anchored or
moored. The general regulations for Security Zones contained in Sec.
165.33 of this part applies to this section.
(2) A vessel in the Regulated Area operating between 100 yards and
500 yards of an Escorted vessel must proceed at the minimum speed
necessary to maintain a safe course, unless otherwise required to
maintain speed by the navigation rules, and must comply with the orders
of the COTP Jacksonville or their designated representative.
(3) Persons or vessels shall contact the COTP Jacksonville to
request permission to deviate from these regulations. The COTP
Jacksonville may be contacted at (904) 247-7318 or on VHF channel 16.
(4) The COTP will inform the public of the existence or status of
Escorted vessels in the Regulated Area by Broadcast Notice to Mariners.
(d) Effective period. This section is effective from April 29,
2006, through August 1, 2006.
Dated: April 20, 2006.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 06-4260 Filed 5-4-06; 8:45 am]
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