Safety Zone: Fort Story, Chesapeake Bay, Virginia Beach, VA, 34255-34257 [E6-9230]

Download as PDF Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations individual industries, Federal, State, or local government agencies, or geographic regions; and (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the State submittal, which is the subject of this rule, is based upon counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulations did not impose an unfunded mandate. 34255 PART 943—TEXAS 1. The authority citation for part 943 continues to read as follows: I Authority: 30 U.S.C. 1201 et seq. List of Subjects in 30 CFR Part 943 2. Section 943.15 is amended in the table by adding a new entry in chronological order by ‘‘Date of final publication’’ to read as follows: Intergovernmental relations, Surface mining, Underground mining. § 943.15 Approval of Texas regulatory program amendments. Dated: May 18, 2006. Ervin J. Barchenger, Acting Regional Director, Mid-Continent Region. * I * * * * For the reasons set out in the preamble, 30 CFR part 943 is amended as set forth below: I Original amendment submission date Date of final publication Citation/description * July 26, 2005 .... * June 14, 2006 .. * * * * * Procedures and Standards for Determining Revegetation Success on Surface-Mined Lands in Texas— Table of Contents; Section V.D.1., D.2.; Appendix B; Attachment 2; Normal Husbandry Practices for Surface-Mined Lands in Texas—Table of Contents; Section IV.E. Documents indicated in this preamble as being available in the docket are part of docket CGD05–06– 055 and are available for inspection or copying at USCG Sector Hampton Roads, 200 Granby Street, Suite 700, Norfolk, VA 23510, between 9:30 a.m. and 2 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Bill Clark, project officer, USCG Sector Hampton Roads, telephone number (757) 668–5580. SUPPLEMENTARY INFORMATION: ADDRESSES: [FR Doc. E6–9286 Filed 6–13–06; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05–06–055] RIN 1625–AA00 Safety Zone: Fort Story, Chesapeake Bay, Virginia Beach, VA Coast Guard, DHS. ACTION: Temporary final rule. mstockstill on PROD1PC61 with RULES AGENCY: SUMMARY: The Coast Guard is establishing a safety zone in support of the Joint Logistics Over the Shore Naval Operations to be held on the Chesapeake Bay in the vicinity of Fort Story, Virginia Beach, VA. This action is intended to restrict vessel traffic from certain areas of the Chesapeake Bay in the vicinity of Fort Story. The safety zone is necessary to protect mariners from the hazards associated with the naval operations. DATES: This rule is effective from 12:01 a.m. eastern time on June 5, 2006 to 11:59 p.m. eastern time on June 26, 2006. VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 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 because it is impracticable and contrary to the public interest to delay in making this rule effective, because we did not receive notice of planned exercises from the Navy in time to publish an NPRM. The event will take place between 12:01 a.m. eastern time on June 5, 2006 and 11:59 p.m. eastern time on June 26, 2006. Due to the dangers posed by the naval operations, it is in the public interest to have these regulations in effect during the operations. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 days after publication in the Federal Register. Because we did not receive notice of planned exercises from the Navy in time to publish an NPRM and the hazards associated with the naval operations, a limited access area is necessary to provide for the safety of mariners. Background and Purpose Between 12:01 a.m. eastern time on June 5, 2006 and 11:59 p.m. eastern time on June 26, 2006 the Joint Logistics Over the Shore Naval Operations will be held on the Chesapeake Bay in the vicinity of Fort Story, Virginia Beach, VA. Due to the need for protection of mariners from the hazards associated with the naval operations, vessel traffic will be temporarily restricted. Discussion of Rule The Coast Guard is establishing a safety zone on specified waters of the Chesapeake Bay in the vicinity of Fort Story. The U.S. Navy will be providing assistance to the Coast Guard in regards to the patrol and enforcement of this zone. The regulated area will include all waters contained within the following coordinates: 36–55–33N/076–02–47W; 36–56–38N/076–04–00W; 36–57–12N/ 076–04–00W; 36–56–33N/076–01–34W and 36–55–12N/076–01–33W. This safety zone will be enforced from 12:01 a.m. to 11:59 p.m. eastern time on June 5 to June 26, 2006. General navigation E:\FR\FM\14JNR1.SGM 14JNR1 34256 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations in the safety zone will be restricted during the naval operations. Except for participants and vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). Although this regulation restricts access to the regulated area, the effect of this rule will not be significant because: (i) The COTP may authorize access to the safety zone; (ii) the safety zone will be in effect for a limited duration; and (iii) the Coast Guard will make notifications via maritime advisories so mariners can adjust their plans accordingly. mstockstill on PROD1PC61 with RULES 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’’ include 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, section 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 and operators of vessels intending to transit or anchor in that portion of the Chesapeake Bay between 12:01 a.m. eastern time on June 5, 2006 and 11:59 p.m. eastern time on June 26, 2006. The safety zone will not have a significant impact on a substantial number of small entities; maritime advisories will be issued, so the mariners can adjust their plans accordingly. 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 the rule so that they can better evaluate its effects on them and participate in the rulemaking process. If VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT for assistance in understanding this rule. 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 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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. 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 E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations 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 final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting & Record Keeping Requirements, Security measures, and Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 subpart C 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add Temporary § 165.T05–055, to read as follows: I mstockstill on PROD1PC61 with RULES § 165.T05–055 Safety Zone: Fort Story, Chesapeake Bay, Virginia Beach, VA. (a) Location. The following area is a safety zone: all waters in the vicinity of Fort Story contained within coordinates 36–55–33N/076–02–47W; 36–56–38N/ 076–04–00W; 36–57–12N/076–04– 00W;36–56–33N/076–01–34W and 36– 55–12N/076–01–33W. in the Captain of the Port, Hampton Roads zone as defined in 33 CFR 3.25–10. (b) Definition. The following definition applies to this section: Captain of the Port Representative: means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Hampton Roads, Virginia to act on his behalf. (c) Regulation. (1) In accordance with the general regulations in 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port, Hampton Roads or the Captain of the Port Representative. (2) The operator of any vessel in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 commissioned, warrant or petty officer on board a vessel displaying a U.S. Coast Guard Ensign. (ii) Proceed as directed by any commissioned, warrant or petty officer on board a vessel displaying a U.S. Coast Guard Ensign. (1) The Captain of the Port, Hampton Roads and the Sector Duty Officer at Sector Hampton Roads, Norfolk, VA can be contacted at telephone Number (757) 668–5555 or (757) 484–8192. (2) The Coast Guard vessels enforcing the safety zone can be contacted on VHF–FM 13 and 16. (d) Effective date: This regulation is effective from 12:01 a.m. eastern time on June 5, 2006 until 11:59 p.m. eastern time on June 26, 2006. Dated: May 23, 2006. Patrick B. Trapp, Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads. [FR Doc. E6–9230 Filed 6–13–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2005–MD–0012; FRL– 8183–1] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Ambient Air Quality Standard for Ozone and Fine Particulate Matter Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. The revision consists of modifications to the ambient air quality standards for ozone and fine particulate matter and the replacement of the abbreviation ‘‘ppm’’ with parts per million in existing standards. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on July 14, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2005–MD– 0012. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 34257 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 through https://www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On October 13, 2005 (70 FR 59688), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. The NPR proposed approval of modifications to the ambient air quality standards for ozone and fine particulate matter (PM2.5) and the replacement of the abbreviation ‘‘ppm’’ with parts per million in existing standards. The official SIP revision (#05–01) was submitted by the State of Maryland on March 15, 2005. II. Summary of SIP Revision Maryland’s revision incorporates the 1997 Federal 8-hour ozone and PM2.5 standards into Title 26, Subtitle 11, Chapter 4 of the Code of Maryland Administrative Regulations (COMAR 26.11.04). The new ozone standard incorporated in this SIP revision is the average of the fourth-highest daily maximum 8-hour average ozone concentration that is less than or equal to 0.08 ppm, averaged over three consecutive years. The standards for PM2.5 incorporated in this SIP revision are 65 micrograms per cubic meter based on a 24-hour concentration and 15.0 micrograms per cubic meter annual arithmetic mean concentration. The revision also includes a clarification of the unit of measure for ambient air quality standards for sulfur oxides and nitrogen dioxide. The abbreviation ‘‘ppm’’ has been replaced by the written form ‘‘parts per million’’. No public comments were received on the NPR. III. Final Action EPA is approving the amendments to COMAR 26.11.04, consisting of the addition of new 8-hour ozone ambient air quality standards and fine particulate matter ambient air quality standards, as well as clarification of the E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34255-34257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9230]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-055]
RIN 1625-AA00


Safety Zone: Fort Story, Chesapeake Bay, Virginia Beach, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone in support of 
the Joint Logistics Over the Shore Naval Operations to be held on the 
Chesapeake Bay in the vicinity of Fort Story, Virginia Beach, VA. This 
action is intended to restrict vessel traffic from certain areas of the 
Chesapeake Bay in the vicinity of Fort Story. The safety zone is 
necessary to protect mariners from the hazards associated with the 
naval operations.

DATES: This rule is effective from 12:01 a.m. eastern time on June 5, 
2006 to 11:59 p.m. eastern time on June 26, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-055 and are available for 
inspection or copying at USCG Sector Hampton Roads, 200 Granby Street, 
Suite 700, Norfolk, VA 23510, between 9:30 a.m. and 2 p.m., Monday 
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Bill Clark, project officer, USCG 
Sector Hampton Roads, telephone number (757) 668-5580.

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 because it is impracticable and 
contrary to the public interest to delay in making this rule effective, 
because we did not receive notice of planned exercises from the Navy in 
time to publish an NPRM. The event will take place between 12:01 a.m. 
eastern time on June 5, 2006 and 11:59 p.m. eastern time on June 26, 
2006. Due to the dangers posed by the naval operations, it is in the 
public interest to have these regulations in effect during the 
operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Because we did not receive notice 
of planned exercises from the Navy in time to publish an NPRM and the 
hazards associated with the naval operations, a limited access area is 
necessary to provide for the safety of mariners.

Background and Purpose

    Between 12:01 a.m. eastern time on June 5, 2006 and 11:59 p.m. 
eastern time on June 26, 2006 the Joint Logistics Over the Shore Naval 
Operations will be held on the Chesapeake Bay in the vicinity of Fort 
Story, Virginia Beach, VA. Due to the need for protection of mariners 
from the hazards associated with the naval operations, vessel traffic 
will be temporarily restricted.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the Chesapeake Bay in the vicinity of Fort Story. The U.S. Navy will 
be providing assistance to the Coast Guard in regards to the patrol and 
enforcement of this zone. The regulated area will include all waters 
contained within the following coordinates: 36-55-33N/076-02-47W; 36-
56-38N/076-04-00W; 36-57-12N/076-04-00W; 36-56-33N/076-01-34W and 36-
55-12N/076-01-33W. This safety zone will be enforced from 12:01 a.m. to 
11:59 p.m. eastern time on June 5 to June 26, 2006. General navigation

[[Page 34256]]

in the safety zone will be restricted during the naval operations. 
Except for participants and vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    Although this regulation restricts access to the regulated area, 
the effect of this rule will not be significant because: (i) The COTP 
may authorize access to the safety zone; (ii) the safety zone will be 
in effect for a limited duration; and (iii) the Coast Guard will make 
notifications via maritime advisories so mariners can adjust their 
plans accordingly.

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'' 
include 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, section 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 and operators of 
vessels intending to transit or anchor in that portion of the 
Chesapeake Bay between 12:01 a.m. eastern time on June 5, 2006 and 
11:59 p.m. eastern time on June 26, 2006. The safety zone will not have 
a significant impact on a substantial number of small entities; 
maritime advisories will be issued, so the mariners can adjust their 
plans accordingly.

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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 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. 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

[[Page 34257]]

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 final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' will be available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting & Record 
Keeping Requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 subpart C 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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Temporary Sec.  165.T05-055, to read as follows:


Sec.  165.T05-055  Safety Zone: Fort Story, Chesapeake Bay, Virginia 
Beach, VA.

    (a) Location. The following area is a safety zone: all waters in 
the vicinity of Fort Story contained within coordinates 36-55-33N/076-
02-47W; 36-56-38N/076-04-00W; 36-57-12N/076-04-00W;36-56-33N/076-01-34W 
and 36-55-12N/076-01-33W. in the Captain of the Port, Hampton Roads 
zone as defined in 33 CFR 3.25-10.
    (b) Definition. The following definition applies to this section:
    Captain of the Port Representative: means any U.S. Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
Captain of the Port, Hampton Roads, Virginia to act on his behalf.
    (c) Regulation. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or the Captain of 
the Port Representative.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (1) The Captain of the Port, Hampton Roads and the Sector Duty 
Officer at Sector Hampton Roads, Norfolk, VA can be contacted at 
telephone Number (757) 668-5555 or (757) 484-8192.
    (2) The Coast Guard vessels enforcing the safety zone can be 
contacted on VHF-FM 13 and 16.
    (d) Effective date: This regulation is effective from 12:01 a.m. 
eastern time on June 5, 2006 until 11:59 p.m. eastern time on June 26, 
2006.

    Dated: May 23, 2006.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E6-9230 Filed 6-13-06; 8:45 am]
BILLING CODE 4910-15-P

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