Safety Zone; Cooper River, River Front Park, North Charleston, SC, 35539-35541 [E6-9815]
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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
List of Subjects in 33 CFR Part 165
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.
sroberts on PROD1PC70 with RULES
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide 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. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
VerDate Aug<31>2005
16:35 Jun 20, 2006
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
35539
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[COTP Charleston 06–113]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Safety Zone; Cooper River, River Front
Park, North Charleston, SC
I
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.
I 2. A new temporary § 165.T07–112 is
added to read as follows:
§ 165.T07–112
SC.
Shelter Cove, Hilton Head,
(a) Regulated Area. The Coast Guard
is establishing a temporary safety zone
for a fireworks display extending a
radius of 1000 feet around the barge
located in Skull Creek, Hilton Head,
South Carolina, in approximate position
32°13.95′ N 080°45.1′ W. All
coordinates referenced use Datum: NAD
1983.
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
including Coats 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
Charleston (COTP) in the enforcement
of the regulated area.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
transiting in this zone is prohibited,
except as provided for herein, or unless
authorized by the Coast Guard Captain
of the Port Charleston, South Carolina or
his designated representative. Persons
and vessels may request permission to
enter the safety zone on VHF–FM
channel 16 or via phone at (843) 724–
7616.
(d) Date. This rule is effective from 6
p.m. on July 4, 2006 until 12:01 a.m. on
July 5, 2006.
Dated: May 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the
Port Charleston, SC.
[FR Doc. E6–9801 Filed 6–20–06; 8:45 am]
BILLING CODE 4910–15–P
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RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Cooper River
for a fireworks display. The temporary
safety zone extends 1000 feet in all
directions from the center of the spud
barge located at 32°51′57″ N 079°57′35″
W. This rule prohibits entry, anchoring,
mooring or transiting within the safety
zone without the permission of the
Captain of the Port Charleston or his
designated representative. This rule is
necessary to protect life and property on
the navigable waters of the Upper
Cooper River from the hazards
associated with the launching of
fireworks.
The rule is effective from 6 p.m.
on July 4, 2006 until 12:01 a.m. on July
5, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [COTP
Charleston 06–113] and are available for
inspection or copying at Coast Guard
Sector Charleston (WWM), 196 Tradd
Street, Charleston, South Carolina 29401
between 7:30 a.m. and 4:00 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer James J. McHugh,
Sector Charleston office of Waterways
Management, at (843) 723–7647.
SUPPLEMENTARY INFORMATION:
DATES:
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. Publishing
an NPRM, which would incorporate a
comment period before a final rule
could be issued and delay the effective
date, would be contrary to the public
interest because immediate action is
needed to protect the public and waters
of the United States.
For the same reason, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
E:\FR\FM\21JNR1.SGM
21JNR1
35540
Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations
effective less than 30 days after
publication in the Federal Register. A
Coast Guard patrol vessel will be on
scene for the duration of the effective
period to notify mariners of the
restrictions.
Background and Purpose
These proposed regulations are
required to provide for the safety of life
on navigable waters because of the
inherent danger from fireworks during
the July 4th celebration on the upper
Cooper River, North Charleston, SC.
Discussion of Rule
The temporary safety zone will be in
effect and enforced in an area extending
1000 feet in all directions from a barge
located on the Upper Cooper River,
North Charleston, SC in approximate
position 32°51′57″ N 079°57′35″ W. The
temporary safety zone will be enforced
from 6 p.m. on July 4, 2006 through
12:01 a.m. on July 5, 2006. Persons and
vessels will be prohibited from entering,
anchoring, mooring or transiting within
the safety zone without the permission
of the Captain of the Port Charleston or
his designated representative. Any
concerned traffic may request
permission to pass through the safety
zone from the COTP or designated
representative on VHF–FM channel 16
or via phone at (843) 724–7616.
sroberts on PROD1PC70 with RULES
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) because the regulation will only
be in effect for a short duration, the
impact on routine navigation is
expected to be minimal, marine traffic
will still be able to safely transit around
the temporary safety zone and vessels
may be allowed to enter the zone with
the permission of the COTP or
designated representative.
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
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16:35 Jun 20, 2006
Jkt 208001
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.
The owners and operators of vessels
navigating in vicinity of the Upper
Cooper River may be impacted by this
rule. This impact will not be significant
because the regulation will only be in
effect for a short duration, the impact on
routine navigation is expected to be
minimal, marine traffic will still be able
to safely transit around the temporary
safety zone and vessels may be allowed
to enter the zone with the permission of
the COTP or designated representative.
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.
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 entities may contact the
person listed under FOR FURTHER
INFORMATION CONTACT for assistance in
understanding and participating in this
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).
Civil Justice Reform
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
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
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.
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.
E:\FR\FM\21JNR1.SGM
21JNR1
Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations
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.
§ 165.T07–113 Upper Cooper River,
Charleston, SC.
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Upper
Cooper River for a fireworks display.
The temporary safety zone extends 1000
feet in all directions from the fireworks
launch barges located on the Upper
Cooper River, North Charleston, SC in
approximate position 32°51′57″ N
079°57′35″ W.
(b) Definitions. The following
definitions apply to this section:
Designated representative 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
Charleston (COTP) in the enforcement
of the regulated area.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
transiting in this regulated area is
prohibited, except as provided for
herein, or unless authorized by the
Coast Guard Captain of the Port
Charleston, South Carolina or his
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF-FM channel 16
or via phone at (843) 724–7616.
(d) Date. The rule is effective from 6
p.m. on July 4, 2006 through until 12:01
a.m. on July 5, 2006.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide 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. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Dated: May 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the
Port Charleston, SC.
[FR Doc. E6–9815 Filed 6–20–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Forest Service
36 CFR Part 242
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF THE INTERIOR
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
50 CFR Part 100
1. The authority citation for part 165
continues to read as follows:
Subsistence Management Regulations
for Public Lands in Alaska, Subpart D;
Seasonal Adjustments—Copper River
and Cable Creek
I
Fish and Wildlife Service
sroberts on PROD1PC70 with RULES
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.
AGENCIES: Forest Service, USDA; Fish
and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
I 2. A new temporary § 165.T07–113 is
added to read as follows:
SUMMARY: This provides notice of the
Federal Subsistence Board’s in-season
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18:03 Jun 20, 2006
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35541
management actions to protect Chinook
and sockeye salmon escapement in the
Copper River, while still providing for
a subsistence harvest opportunity, and
to protect steelhead in Cable Creek and
its tributaries. The revised fishing
schedule for the Chitina Subdistrict of
the Copper River and the closure of the
Cable Creek area provide an exception
to the Subsistence Management
Regulations for Public Lands in Alaska,
published in the Federal Register on
March 29, 2006. Those regulations
established seasons, harvest limits,
methods, and means relating to the
taking of fish and shellfish for
subsistence uses during the 2006
regulatory year.
DATES: The latest fishing schedule for
the Chitina Subdistrict of the Upper
Copper River District is effective June 1,
2006, through July 31, 2006. The closure
of Cable Creek and its tributaries is
effective April 13, 2006, through May
31, 2006.
FOR FURTHER INFORMATION CONTACT:
Peter J. Probasco, Office of Subsistence
Management, U.S. Fish and Wildlife
Service, telephone (907) 786–3888. For
questions specific to National Forest
System lands, contact Steve Kessler,
Subsistence Program Manager, USDA—
Forest Service, Alaska Region,
telephone (907) 786–3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126)
requires that the Secretary of the Interior
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands in Alaska, unless the State
of Alaska enacts and implements laws
of general applicability that are
consistent with ANILCA and that
provide for the subsistence definition,
preference, and participation specified
in Sections 803, 804, and 805 of
ANILCA. In December 1989, the Alaska
Supreme Court ruled that the rural
preference in the State subsistence
statute violated the Alaska Constitution
and, therefore, negated State compliance
with ANILCA.
The Department of the Interior and
the Department of Agriculture
(Departments) assumed, on July 1, 1990,
responsibility for implementation of
Title VIII of ANILCA on public lands.
The Departments administer Title VIII
through regulations at Title 50, Part 100
and Title 36, Part 242 of the Code of
Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these
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]]>Agencies
[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Rules and Regulations]
[Pages 35539-35541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9815]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 06-113]
RIN 1625-AA00
Safety Zone; Cooper River, River Front Park, North Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Cooper River for a fireworks display. The
temporary safety zone extends 1000 feet in all directions from the
center of the spud barge located at 32[deg]51[min]57[sec] N
079[deg]57[min]35[sec] W. This rule prohibits entry, anchoring, mooring
or transiting within the safety zone without the permission of the
Captain of the Port Charleston or his designated representative. This
rule is necessary to protect life and property on the navigable waters
of the Upper Cooper River from the hazards associated with the
launching of fireworks.
DATES: The rule is effective from 6 p.m. on July 4, 2006 until 12:01
a.m. on July 5, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Charleston 06-113] and are
available for inspection or copying at Coast Guard Sector Charleston
(WWM), 196 Tradd Street, Charleston, South Carolina 29401 between 7:30
a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer James J. McHugh,
Sector Charleston office of Waterways Management, at (843) 723-7647.
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. Publishing an NPRM, which
would incorporate a comment period before a final rule could be issued
and delay the effective date, would be contrary to the public interest
because immediate action is needed to protect the public and waters of
the United States.
For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule
[[Page 35540]]
effective less than 30 days after publication in the Federal Register.
A Coast Guard patrol vessel will be on scene for the duration of the
effective period to notify mariners of the restrictions.
Background and Purpose
These proposed regulations are required to provide for the safety
of life on navigable waters because of the inherent danger from
fireworks during the July 4th celebration on the upper Cooper River,
North Charleston, SC.
Discussion of Rule
The temporary safety zone will be in effect and enforced in an area
extending 1000 feet in all directions from a barge located on the Upper
Cooper River, North Charleston, SC in approximate position
32[deg]51[min]57[sec] N 079[deg]57[min]35[sec] W. The temporary safety
zone will be enforced from 6 p.m. on July 4, 2006 through 12:01 a.m. on
July 5, 2006. Persons and vessels will be prohibited from entering,
anchoring, mooring or transiting within the safety zone without the
permission of the Captain of the Port Charleston or his designated
representative. Any concerned traffic may request permission to pass
through the safety zone from the COTP or designated representative on
VHF-FM channel 16 or via phone at (843) 724-7616.
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) because the regulation will only be in effect for a
short duration, the impact on routine navigation is expected to be
minimal, marine traffic will still be able to safely transit around the
temporary safety zone and vessels may be allowed to enter the zone with
the permission of the COTP or designated representative.
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. The owners and operators of vessels navigating in vicinity of
the Upper Cooper River may be impacted by this rule. This impact will
not be significant because the regulation will only be in effect for a
short duration, the impact on routine navigation is expected to be
minimal, marine traffic will still be able to safely transit around the
temporary safety zone and vessels may be allowed to enter the zone with
the permission of the COTP or designated representative.
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
entities may contact the person listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
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).
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. 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.
[[Page 35541]]
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
and Department of Homeland Security Management Directive 5100.1, which
guide 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. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
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. A new temporary Sec. 165.T07-113 is added to read as follows:
Sec. 165.T07-113 Upper Cooper River, Charleston, SC.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the navigable waters of the Upper Cooper River for a
fireworks display. The temporary safety zone extends 1000 feet in all
directions from the fireworks launch barges located on the Upper Cooper
River, North Charleston, SC in approximate position 32[deg]51'57'' N
079[deg]57'35'' W.
(b) Definitions. The following definitions apply to this section:
Designated representative 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 Charleston (COTP) in
the enforcement of the regulated area.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in this
regulated area is prohibited, except as provided for herein, or unless
authorized by the Coast Guard Captain of the Port Charleston, South
Carolina or his designated representative. Persons and vessels may
request permission to enter the safety zone on VHF-FM channel 16 or via
phone at (843) 724-7616.
(d) Date. The rule is effective from 6 p.m. on July 4, 2006 through
until 12:01 a.m. on July 5, 2006.
Dated: May 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the Port Charleston, SC.
[FR Doc. E6-9815 Filed 6-20-06; 8:45 am]
BILLING CODE 4910-15-P
