Safety Zone; Grand Island, Stephens Passage, 38534-38537 [E6-10649]
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38534
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
will 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 will 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.
cprice-sewell on PROD1PC66 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
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15:33 Jul 06, 2006
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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 M16475.1D
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 the categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34), 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 and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1225, 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.
2. Add temporary § 165.T01–064 to
read as follows:
I
§ 165.T01–064 Safety Zone: Fundacion
Amistad Fireworks, Three Mile Harbor, East
Hampton, NY.
(a) Location. The following area is a
safety zone: All waters of Three Mile
Harbor in an 800-foot radius of a
fireworks barge site located off of East
Hampton, NY at approximate position
41°1′5″ N, 072°11′55″ W. All
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coordinates are North American Datum
1983.
(b) Enforcement period. This section
will be enforced from 8:30 p.m. to 11:30
p.m. on Saturday, July 22, 2006. If the
fireworks display is cancelled due to
inclement weather on July 22, 2006, it
will take place during the same hours
on Sunday, July 23, 2006.
(c) Regulations. (1) The general
regulations contained in 33 CFR
§ 165.23 apply.
(2) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within this zone is
prohibited unless authorized by the
Captain of the Port, Long Island Sound.
(3) All persons and vessels shall
comply with the Coast Guard Captain of
the Port or designated on-scene patrol
personnel. These personnel comprise
commissioned, warrant and petty
officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light or
other means, the operator of the vessel
shall proceed as directed.
Dated: June 22, 2006.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of
the Port, Long Island Sound, Acting.
[FR Doc. E6–10592 Filed 7–6–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Sector Juneau Western Alaska 06–002]
RIN 1625–AA00
Safety Zone; Grand Island, Stephens
Passage
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters south of Grand
Island in Stephens Passage. This safety
zone is intended to restrict vessels from
entering within 2.5 nautical miles of a
Coast Guard vessel that is conducting
gunnery exercises. Entry into this safety
zone, while it is activated and enforced,
is prohibited unless authorized by the
on-scene U.S. Coast Guard vessel. This
safety zone and its periodic activations
are necessary to protect the public from
the hazards associated with the firing of
weapons.
DATES: This temporary rule is effective
from June 21, 2006 through December
21, 2006.
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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
Documents indicated in this
preamble as being available in the
docket are part of docket Juneau 06–002
and are available for inspection or
copying at District 17 Waterways
Management Branch between 8 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
LTJG David Wohlers, Phone: 907–463–
2265. E-mail: david.c.wohlers@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. The Coast Guard is
promulgating this safety zone to
conduct mission essential training
directly related to military operations
and national security. Accordingly,
based on the military function exception
to the Administrative Procedure Act, 5
U.S.C. 553(a)(1), notice and comment
rulemaking under 5 U.S.C. 553(b) and
an effective date of 30 days after
publication under 5 U.S.C. 553(d) are
not required for this temporary final
rule.
Furthermore, under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM. This training is necessary to
ensure that Coast Guard personnel
located within the Seventeenth Coast
Guard District are properly trained and
certified before conducting military and
national security operations for use in
securing Alaska ports and waterways.
Any delay in training would prevent the
units located within the Seventeenth
Coast Guard District from becoming
capable of accomplishing missions
integral to our nation’s security, and
would therefore be contrary to public
interest.
Background and Purpose
This temporary safety zone is
necessary to protect vessels and people
from hazards associated with live fire
from weapons. These hazards include
projectiles and ricochets that could
damage vessels and cause death or
serious bodily harm.
cprice-sewell on PROD1PC66 with RULES
Discussion of Rule
The Grand Island safety zone will
include all navigable waters within 2.5
nautical miles, from the surface to the
seafloor, of position 58°05′00″ N
134°08′00″ W. This zone will be
activated and enforced only when a
Coast Guard asset enters the safety zone
for the purpose of gunnery training. The
Coast Guard will notify the public of its
intent to use this zone via a broadcast
to mariners 48-hours prior to gunnery
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exercises. In addition, the Coast Guard
will ensure the safety zone is clear of
vessels before initiating its gunnery
exercise. Entry, transiting, or anchoring
within the safety zone, while it is
activated and enforced, is prohibited
unless authorized by the on-scene U.S.
Coast Guard vessel.
U.S. Coast Guard personnel will
enforce this safety zone. Other Federal,
State, or local agencies may assist the
Coast Guard, including the Coast Guard
Auxiliary. Section 165.23 of Title 33,
Code of Federal Regulations, prohibits
any unauthorized person or vessel from
entering or remaining in a safety zone.
Vessels or persons violating this section
will be subject to both criminal and civil
penalties.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The safety zone is of a limited duration,
is limited to a relatively small
geographic area, and vessels that cannot
reasonably pass around the safety zone
will be allowed to transit the zone upon
a cease-fire request and approval from
the on-scene U.S. Coast Guard vessel via
VHF channel 16.
The size of the zone is the minimum
necessary to provide adequate
protection for personnel or vessels
during live fire training. The entities
most likely to be affected are pleasure
craft engaged in recreational activities
and sightseeing, commercial fishing
vessels, and cruise ships.
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
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38535
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
the area affected by this safety zone.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (i) The zone
encompasses only a small portion of the
navigable waterways in the area; (ii)
vessels are allowed to enter this zone
when not occupied by the Coast Guard
for the purpose of gunnery training; (iii)
vessels may contact the on-scene U.S.
Coast Guard vessel on VHF channel 16
to request cease-fire in order to transit
the zone. The Coast Guard will notify
the public of its intent to use and
enforce the zone and will ensure the
safety zone is clear of vessels before
initiating its gunnery exercise.
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. If your small business or
organization is affected by this rule and
you have questions concerning its
provisions or options for compliance,
please contact LTJG David Wohlers,
U.S. Coast Guard, Waterways
Management, District Seventeen at (907)
463–2265.
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
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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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.
cprice-sewell on PROD1PC66 with RULES
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
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15:33 Jul 06, 2006
Jkt 208001
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraphs (3)(a) and (34)(g)
of the Instruction, from further
environmental documentation because
we are establishing a safety zone.
A final ‘‘Environmental Analysis
Checklist’’ 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.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
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1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add new § 165.T17–071 to read as
follows:
§ 165.T17–071 Safety Zone; Gunnery Gun
Exercises; Grand Island, in Stephens
Passage, AK.
(a) Location. The following area is a
safety zone: Grand Island Area—all
navigable waters 2.5 nautical miles
surrounding position 58°05′00″ N
134°08′00″ W. These coordinates are
based upon North American Datum of
1983.
(b) Definitions. As used in this
section: Designated on-scene
representative means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel
and a Federal, State, and local officer
designated by or assisting the U.S. Coast
Guard in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within a safety
zone is prohibited unless authorized by
the on-scene U.S. Coast Guard vessel, or
the designated on-scene representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the on-scene U.S. Coast
Guard vessel or the designated on-scene
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the on-scene U.S. Coast Guard
vessel or the on-scene representative on
channel 16 to obtain permission to do
so. Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the on-scene U.S. Coast Guard
vessel or the on-scene representative.
(d) Enforcement and suspension of
enforcement of certain safety zone.
(1) The safety zone in paragraph (a) of
this section will be enforced only when
a Coast Guard asset is operating in the
safety zone for the purpose of
conducting gunnery exercises.
(2) Notice of enforcement and
suspension of enforcement will be made
by use of broadcast notice to mariners
48 hours prior to the gunnery exercise.
(e) Effective period. This section is
effective from June 21, 2006 through
December 21, 2006. If the need for the
safety zone ends before the scheduled
termination time, the U.S. Coast Guard
District Seventeen Commander will
cease enforcement of this safety zone
and notify the public via a broadcast
notice to mariners.
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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
Dated: June 21, 2006.
D.T. Glenn,
Captain, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District, Acting.
[FR Doc. E6–10649 Filed 7–6–06; 8:45 am]
BILLING CODE 4910–15–P
POSTAL SERVICE
39 CFR Part 111
Temporary Mail Forwarding Policy
Postal Service.
Interim rule and request for
comments.
AGENCY:
cprice-sewell on PROD1PC66 with RULES
ACTION:
SUMMARY: This document amends the
standards in the Domestic Mail Manual
concerning the duration and submission
of temporary change-of-address orders.
DATES: Effective August 3, 2006.
Comments must be received by August
7, 2006.
ADDRESSES: Written comments should
be mailed or delivered to the Office of
Product Management—Addressing,
National Customer Support Center,
United States Postal Service, 6060
Primacy Pkwy, Ste. 201, Memphis, TN
38188–0001. Comments may be
transmitted via facsimile to 901–821–
6206 or via e-mail to
charles.hunt@usps.gov. Copies of all
written comments will be available for
inspection and photocopying at USPS
Headquarters Library, 475 L’Enfant
Plaza SW., 11th Floor N, Washington,
DC 20260–1450 between 9 a.m. and 4
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Charles B. Hunt, Product Management,
(901) 681–4651, James Wilson, Address
Management, (901) 681–4676.
SUPPLEMENTARY INFORMATION: The Postal
Service offers temporary and permanent
change of address services to its
customers, and forwards mail for
generous time periods free of charge, in
order to deliver mail accurately and
efficiently to its intended recipient. A
temporary change-of-address indicates
the customer’s intention to return to the
original address and resume the receipt
of mail at that location. Temporary mail
forwarding may not exceed twelve
months duration.
To better serve its customers, the
Postal Service is implementing new
procedures in the provision of
temporary forwarding of mail. These
new procedures are intended to improve
mail deliverability to our customers,
ensure that mail is delivered to the
addressee as quickly as possible, and
reduce the volume of mail forwarded
unnecessarily.
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Jkt 208001
As background, temporary change-ofaddress filings typically comprise 7–8
percent of the approximate 46 million
change-of-address orders received by
the Postal Service each year. Forwarding
of mail based on temporary change of
address orders is estimated to account
for 11 percent of all forwarded mail
volume. Approximately 62 percent of all
temporary filings have a length of six
months or less. The Postal Service
received more than 509,000 temporary
change-of-address orders in 2005 that
did not specify when the forwarding
period should end; under current
policy, the Postal Service treats these as
orders to forward mail for a twelve
month period after the start date. The
Postal Service also received more than
90,000 temporary changes of address
orders where the duration was for a
period of 14 days or less. This includes
more than 14,000 that had a total
duration to forward mail of only 1 day.
The Postal Service is adopting two
changes to the Domestic Mail Manual
concerning temporary mail forwarding
policies. The changes, and the reasons
underlying each, are explained below.
The changes will be effective August 3,
2006.
Minimum duration will change from
one day to two weeks.
Currently, the Postal Service has no
minimum timeframe for providing
temporary forwarding services.
However, the time needed to process
temporary change of address orders and
begin delivery of forwarded pieces to a
temporary address may approach 14
days. Accordingly, short-term
forwarding orders may result in mail
that is en route to the customer’s
temporary new address not arriving
prior to the customer’s departure from
that temporary address. This requires
the Postal Service to return the mail to
the customer’s permanent address and
delays the time the customer receives
the mail. Therefore, the Postal Service
will institute a new minimum duration
for temporary filings of at least two
weeks in length. This will help ensure
the efficient forwarding of mail, allow
customers to receive mail as quickly as
possible, and reduce Postal Service
costs. The Postal Service recommends
that customers who will be temporarily
away from their residences less than
two weeks submit a request to hold their
mail. Hold requests can be submitted in
person or by mail to their post office,
electronically through www.usps.com or
by telephone through 1–800–ASK–
USPS. Customers can ask that held mail
be delivered upon their return or
request to pick up the mail at their post
office.
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38537
Maximum duration for an initial
temporary order will change from
twelve months to six months.
The Postal Service seeks to avoid the
unnecessary or improper forwarding of
mail. As previously stated, the majority
of temporary filings last no more than
six months. Therefore, the current
policy that assigns a 12 month duration
on temporary change of address orders
that do not reflect an end date probably
overstates the term desired by many
customers. This would result in the
unnecessary forwarding of mail and
delay the receipt of correspondence by
those customers. Accordingly, the Postal
Service is changing its standards to limit
an initial temporary change of address
order to a maximum of 6 months, or, if
no time period is specified, will use 6
months as the end date. Customers who
wish to have their mail forwarded for a
longer period may submit an additional
order to extend the forwarding period
up to the maximum allowable twelve
month period. Prior to the expiration of
the first six month period, the Postal
Service will advise customers that they
may renew the temporary change-ofaddress for an additional time period up
to the maximum temporary forwarding
period of twelve months. To assist
customers to request additional
temporary forwarding service, the Postal
Service will send a letter to the
customers at their temporary new
address to remind them of the
expiration date. Where a customer has
already received temporary forwarding
service for a continuous twelve month
period for any same old and new
address combination, the Postal Service
will not accept additional temporary
change-of-address orders for that
customer for those same old and new
address combinations.
By instituting these procedures, the
Postal Service seeks to improve service
and efficiency for its customers. As
described above, the changes will
immediately benefit customers by
ensuring they receive mail in a timely
manner; e.g. by reducing the amount of
mail that may be delivered at a
temporary address after the customer
has returned to his or her permanent
address. Accordingly, the Postal Service
believes it is in the public interest to
adopt this rule, without prior public
comment, on August 3, 2006.
Nevertheless, the Postal Service is
inviting public comments on the rule.
These comments should be submitted
within 30 days from the date of this
notice to the address set forth above. At
the end of this period, the Postal Service
will evaluate any comments it receives
and consider whether the rule should be
revised.
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]]>Agencies
[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Pages 38534-38537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10649]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Sector Juneau Western Alaska 06-002]
RIN 1625-AA00
Safety Zone; Grand Island, Stephens Passage
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters south of Grand Island in Stephens Passage. This safety
zone is intended to restrict vessels from entering within 2.5 nautical
miles of a Coast Guard vessel that is conducting gunnery exercises.
Entry into this safety zone, while it is activated and enforced, is
prohibited unless authorized by the on-scene U.S. Coast Guard vessel.
This safety zone and its periodic activations are necessary to protect
the public from the hazards associated with the firing of weapons.
DATES: This temporary rule is effective from June 21, 2006 through
December 21, 2006.
[[Page 38535]]
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket Juneau 06-002 and are available for
inspection or copying at District 17 Waterways Management Branch
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LTJG David Wohlers, Phone: 907-463-
2265. E-mail: david.c.wohlers@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard is promulgating this safety zone to conduct
mission essential training directly related to military operations and
national security. Accordingly, based on the military function
exception to the Administrative Procedure Act, 5 U.S.C. 553(a)(1),
notice and comment rulemaking under 5 U.S.C. 553(b) and an effective
date of 30 days after publication under 5 U.S.C. 553(d) are not
required for this temporary final rule.
Furthermore, under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM. This training is
necessary to ensure that Coast Guard personnel located within the
Seventeenth Coast Guard District are properly trained and certified
before conducting military and national security operations for use in
securing Alaska ports and waterways. Any delay in training would
prevent the units located within the Seventeenth Coast Guard District
from becoming capable of accomplishing missions integral to our
nation's security, and would therefore be contrary to public interest.
Background and Purpose
This temporary safety zone is necessary to protect vessels and
people from hazards associated with live fire from weapons. These
hazards include projectiles and ricochets that could damage vessels and
cause death or serious bodily harm.
Discussion of Rule
The Grand Island safety zone will include all navigable waters
within 2.5 nautical miles, from the surface to the seafloor, of
position 58[deg]05'00'' N 134[deg]08'00'' W. This zone will be
activated and enforced only when a Coast Guard asset enters the safety
zone for the purpose of gunnery training. The Coast Guard will notify
the public of its intent to use this zone via a broadcast to mariners
48-hours prior to gunnery exercises. In addition, the Coast Guard will
ensure the safety zone is clear of vessels before initiating its
gunnery exercise. Entry, transiting, or anchoring within the safety
zone, while it is activated and enforced, is prohibited unless
authorized by the on-scene U.S. Coast Guard vessel.
U.S. Coast Guard personnel will enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal
Regulations, prohibits any unauthorized person or vessel from entering
or remaining in a safety zone. Vessels or persons violating this
section will be subject to both criminal and civil penalties.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The safety zone is of a
limited duration, is limited to a relatively small geographic area, and
vessels that cannot reasonably pass around the safety zone will be
allowed to transit the zone upon a cease-fire request and approval from
the on-scene U.S. Coast Guard vessel via VHF channel 16.
The size of the zone is the minimum necessary to provide adequate
protection for personnel or vessels during live fire training. The
entities most likely to be affected are pleasure craft engaged in
recreational activities and sightseeing, commercial fishing vessels,
and cruise ships.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in the area affected by this safety zone. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons: (i) The zone encompasses only
a small portion of the navigable waterways in the area; (ii) vessels
are allowed to enter this zone when not occupied by the Coast Guard for
the purpose of gunnery training; (iii) vessels may contact the on-scene
U.S. Coast Guard vessel on VHF channel 16 to request cease-fire in
order to transit the zone. The Coast Guard will notify the public of
its intent to use and enforce the zone and will ensure the safety zone
is clear of vessels before initiating its gunnery exercise.
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. If your
small business or organization is affected by this rule and you have
questions concerning its provisions or options for compliance, please
contact LTJG David Wohlers, U.S. Coast Guard, Waterways Management,
District Seventeen at (907) 463-2265.
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
[[Page 38536]]
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraphs (3)(a) and (34)(g) of the Instruction, from
further environmental documentation because we are establishing a
safety zone.
A final ``Environmental Analysis Checklist'' 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. Add new Sec. 165.T17-071 to read as follows:
Sec. 165.T17-071 Safety Zone; Gunnery Gun Exercises; Grand Island, in
Stephens Passage, AK.
(a) Location. The following area is a safety zone: Grand Island
Area--all navigable waters 2.5 nautical miles surrounding position
58[deg]05'00'' N 134[deg]08'00'' W. These coordinates are based upon
North American Datum of 1983.
(b) Definitions. As used in this section: Designated on-scene
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the U.S. Coast Guard in the enforcement of the safety zone.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, or anchoring within a safety zone is prohibited
unless authorized by the on-scene U.S. Coast Guard vessel, or the
designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the on-scene U.S. Coast Guard vessel or the designated
on-scene representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the on-scene U.S. Coast Guard vessel or the on-scene
representative on channel 16 to obtain permission to do so. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the on-scene U.S. Coast
Guard vessel or the on-scene representative.
(d) Enforcement and suspension of enforcement of certain safety
zone.
(1) The safety zone in paragraph (a) of this section will be
enforced only when a Coast Guard asset is operating in the safety zone
for the purpose of conducting gunnery exercises.
(2) Notice of enforcement and suspension of enforcement will be
made by use of broadcast notice to mariners 48 hours prior to the
gunnery exercise.
(e) Effective period. This section is effective from June 21, 2006
through December 21, 2006. If the need for the safety zone ends before
the scheduled termination time, the U.S. Coast Guard District Seventeen
Commander will cease enforcement of this safety zone and notify the
public via a broadcast notice to mariners.
[[Page 38537]]
Dated: June 21, 2006.
D.T. Glenn,
Captain, U.S. Coast Guard, Commander, Seventeenth Coast Guard District,
Acting.
[FR Doc. E6-10649 Filed 7-6-06; 8:45 am]
BILLING CODE 4910-15-P
