Safety Zone; Fourth of July Fireworks, Heart Island, Alexandria Bay, NY, 36208-36210 [E6-10050]

Download as PDF 36208 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 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. I 2. Add new temporary § 165.T09–049 to read as follows: § 165.T09–049 Safety Zone; Island Festival Fireworks Display, Baldwinsville, NY. (a) Location. The following area is a temporary safety zone: all navigable waters of the Seneca River in a 500-foot radius around a point at approximate position: 43°09′25″ N, 076°20′21″ W (NAD 1983) in Baldwinsville, NY. All Geographic coordinates are North American Datum of 1983 (NAD 83). (b) Definitions. The following definitions apply to this section: Designated on-scene 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 (COTP), Buffalo, New York, in the enforcement of regulated navigation areas and safety and security zones. (c) Regulations. (1) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Buffalo. (2) In accordance with the general regulations in § 165.23 of this part, entry into this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Buffalo, or his designated onscene representative. (d) Effective time and date. This section is effective from 10 p.m. (local) until 10:30 p.m. (local) on July 1, 2006. Dated: June 13, 2006. S.J. Furguson, Commander, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E6–10049 Filed 6–23–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 jlentini on PROD1PC65 with RULES [CGD09–06–053] RIN 1625–AA00 Safety Zone; Fourth of July Fireworks, Heart Island, Alexandria Bay, NY AGENCY: Coast Guard, DHS. VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of St. Lawrence River near Heart Island on July 4, 2006. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This safety zone is intended to restrict vessel traffic from a portion of St. Lawrence River, Heart Island, New York. DATES: This rule is effective from 9 p.m. (local) until 10 p.m. (local) on July 4, 2006. Documents indicated in this preamble as being available in the docket, are part of docket [CGD09–06– 053] and are available for inspection or copying at: U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, New York 14203, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard Sector Buffalo, at (716) 843–9573. SUPPLEMENTARY INFORMATION: ADDRESSES: 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 permit application was not received in time to publish an NPRM followed by a final rule before the effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during this event, and immediate action is necessary to prevent possible loss of life or property. The Coast Guard has not received any complaints or negative comments previously with regard to this event. Background and Purpose Temporary safety zones are necessary to ensure the safety of vessels and spectators from the hazards associated with fireworks displays. Based on recent accidents that have occurred in other Captain of the Port zones, and the explosive hazard of fireworks, the Captain of the Port Buffalo has determined fireworks launches in close proximity to watercraft pose significant risks to public safety and property. The likely combination of large numbers of recreational vessels, congested waterways, darkness punctuated by bright flashes of light, alcohol use, and PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the locations of the launch platforms will help ensure the safety of persons and property at these events and help minimize the associated risk. The safety zone consists of all navigable waters of the St. Lawrence River in a 500-foot radius around a point at approximate position 44°20′39″ N, 075°55′16″ W. All Geographic coordinates are North American Datum of 1983 (NAD 83). The size of this zone was determined using the National Fire Prevention Association guidelines and local knowledge concerning wind, waves, and currents. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated onscene representative. The designated onscene representative will be the patrol commander. Entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated onscene representative may be contacted via VHF Channel 16. 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). This determination is based on the minimal time that vessels will be restricted from the zone, and would have minor, if any, impact to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant 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 would affect the following entities, some of which might be small E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations entities: The owners or operators of commercial vessels intending to transit or anchor in the activated safety zone. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reason: This safety zone is only in effect from 9 p.m. (local) until 10 p.m. (local) on the day of the event. 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 economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding this rule so that they can better evaluate its effects and participate in the rulemaking process. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact U.S. Coast Guard Sector Buffalo (see ADDRESSES.) 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). jlentini on PROD1PC65 with RULES Collection of Information This rule would call 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 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 VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 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 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 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 The Coast Guard has 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 concern 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. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 36209 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. This event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I 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. E:\FR\FM\26JNR1.SGM 26JNR1 36210 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations I 2. A new temporary § 165.T09–053 is added to read as follows: § 165.T09–053 Safety Zone; Heart Island, Alexandria Bay, NY. (a) Location. The following area is a temporary safety zone: all navigable waters of the St. Lawrence River in a 500-foot radius around a point at approximate position 44°20′39″ N, 075°55′16″ W. All Geographic coordinates are North American Datum of 1983 (NAD 83). (b) Definitions. The following definitions apply to this section: Designated on-scene 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 (COTP), Buffalo, New York, in the enforcement of regulated navigation areas and safety and security zones. (c) Effective time and date. This section is effective from 9 p.m. (local) until 10 p.m. (local) on July 4th, 2006. (d) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Buffalo, or his designated on-scene representative. Dated: June 13, 2006. S.J. Furguson, Captain, U.S. Coast Guard, Captain of the Port, Buffalo. [FR Doc. E6–10050 Filed 6–23–06; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2006–0286; FRL–8188–6] Approval and Promulgation of Implementation Plans; State of Missouri Environmental Protection Agency (EPA). ACTION: Direct final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: We are taking final action to approve a revision to the maintenance plan prepared by Missouri to maintain the national ambient air quality standard for ozone in the Missouri portion of the Kansas City maintenance area. This plan is applicable to Clay, Jackson and Platte Counties. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 between the state-adopted plan and the approved SIP. DATES: This direct final rule will be effective August 25, 2006, without further notice, unless EPA receives adverse comment by July 26, 2006. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2006–0286, by one of the following methods: 1. http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. E-mail: algoe-eakin.amy@epa.gov. 3. Mail: Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. Hand Delivery or Courier. Deliver your comments to Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2006– 0286. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations. gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http:// www.regulations.gov or e-mail information that you consider to be CBI or otherwise protected. The http:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30 excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551–7942, or by e-mail at algoe-eakin.amy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This section provides additional information by addressing the following questions: What Is a SIP? What Is the Federal Approval Process for a SIP? What Does Federal Approval of a State Regulation Mean to Me? What Are the Criteria for Approval of a Maintenance Plan? What Is Being Addressed in This Document? What Is in the Contingency Measure Portion of the Mainentance Plan and Is It Approvable? Does the 8-Hour Ozone Implementation Rule Have Any Bearing on This Revision? Have the Requirements for Approval of a SIP Revision Been Met? What Action Is EPA Taking? What Is a SIP? Section 110 of the Clean Air Act (CAA) requires states to develop air pollution regulations and control strategies to ensure that state air quality meets the national ambient air quality standards (NAAQS) established by EPA. These ambient standards are established under section 109 of the CAA, and they currently address six criteria pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each state must submit these regulations and control strategies to us for approval and incorporation into the Federally-enforceable SIP. E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36208-36210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10050]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-053]
RIN 1625-AA00


Safety Zone; Fourth of July Fireworks, Heart Island, Alexandria 
Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the navigable waters of St. Lawrence River near Heart 
Island on July 4, 2006. This safety zone is necessary to ensure the 
safety of spectators and vessels from the hazards associated with 
fireworks displays. This safety zone is intended to restrict vessel 
traffic from a portion of St. Lawrence River, Heart Island, New York.

DATES: This rule is effective from 9 p.m. (local) until 10 p.m. (local) 
on July 4, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-06-053] and are available for 
inspection or copying at: U.S. Coast Guard Sector Buffalo, 1 Fuhrmann 
Blvd., Buffalo, New York 14203, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard 
Sector Buffalo, at (716) 843-9573.

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 permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date.
    Under 5 U.S.C. 553(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
Delaying this rule would be contrary to the public interest of ensuring 
the safety of spectators and vessels during this event, and immediate 
action is necessary to prevent possible loss of life or property. The 
Coast Guard has not received any complaints or negative comments 
previously with regard to this event.

Background and Purpose

    Temporary safety zones are necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Buffalo has determined fireworks launches in close 
proximity to watercraft pose significant risks to public safety and 
property. The likely combination of large numbers of recreational 
vessels, congested waterways, darkness punctuated by bright flashes of 
light, alcohol use, and debris falling into the water could easily 
result in serious injuries or fatalities. Establishing a safety zone to 
control vessel movement around the locations of the launch platforms 
will help ensure the safety of persons and property at these events and 
help minimize the associated risk.
    The safety zone consists of all navigable waters of the St. 
Lawrence River in a 500-foot radius around a point at approximate 
position 44[deg]20'39'' N, 075[deg]55'16'' W. All Geographic 
coordinates are North American Datum of 1983 (NAD 83). The size of this 
zone was determined using the National Fire Prevention Association 
guidelines and local knowledge concerning wind, waves, and currents.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or his designated on-scene 
representative. The designated on-scene representative will be the 
patrol commander. Entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Buffalo or his designated on-scene representative. The Captain of the 
Port or his designated on-scene representative may be contacted via VHF 
Channel 16.

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).
    This determination is based on the minimal time that vessels will 
be restricted from the zone, and would have minor, if any, impact to 
Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant 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 would affect the following entities, some of which might 
be small

[[Page 36209]]

entities: The owners or operators of commercial vessels intending to 
transit or anchor in the activated safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: This 
safety zone is only in effect from 9 p.m. (local) until 10 p.m. (local) 
on the day of the event.
    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 economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact U.S. Coast Guard Sector Buffalo 
(see ADDRESSES.)
    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 would call 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 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 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 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

    The Coast Guard has 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 
concern 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 
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. This event establishes a safety zone therefore paragraph 
(34)(g) of the Instruction applies.
    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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

[[Page 36210]]


0
2. A new temporary Sec.  165.T09-053 is added to read as follows:


Sec.  165.T09-053  Safety Zone; Heart Island, Alexandria Bay, NY.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the St. Lawrence River in a 500-foot radius around 
a point at approximate position 44[deg]20'39'' N, 075[deg]55'16'' W. 
All Geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    Designated on-scene 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 (COTP), 
Buffalo, New York, in the enforcement of regulated navigation areas and 
safety and security zones.
    (c) Effective time and date. This section is effective from 9 p.m. 
(local) until 10 p.m. (local) on July 4th, 2006.
    (d) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Buffalo, or 
his designated on-scene representative.

    Dated: June 13, 2006.
S.J. Furguson,
Captain, U.S. Coast Guard, Captain of the Port, Buffalo.
[FR Doc. E6-10050 Filed 6-23-06; 8:45 am]
BILLING CODE 4910-15-P