Safety Zone; St. Louis River/Duluth/Interlake Tar Remediation Site, Duluth, MN, 44250-44252 [E6-12661]
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Proposed Rules
same as the text of § 1.6038A–3T(i)(1)
and (2) published elsewhere in this
issue of the Federal Register].
Par. 11. Section 1.6662–6 is amended
by revising paragraphs (d)(2)(ii)(B),
(d)(2)(iii)(B)(4), (d)(2)(iii)(B)(6) and (g) to
read as follows:
and (2) published elsewhere in this
issue of the Federal Register].
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§ 1.6662–6 Transactions between persons
described in section 482 and net section
482 transfer price adjustments.
BILLING CODE 4830–01–P
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DEPARTMENT OF HOMELAND
SECURITY
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(d) * * *
(2) * * *
(ii) * * *
(B) [The text of the proposed
amendment to § 1.6662–6(d)(2)(ii)(B) is
the same as the text of § 1.6662–
6T(d)(2)(ii)(B) published elsewhere in
this issue of the Federal Register].
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(iii) * * *
(B) * * * (4) [The text of the proposed
amendment to § 1.6662–6(d)(2)(iii)(B)(4)
is the same as the text of § 1.6662–
6T(d)(2)(iii)(B)(4) published elsewhere
in this issue of the Federal Register].
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(6) [The text of the proposed
amendment to § 1.6662–6(d)(2)(iii)(B)(6)
is the same as the text of § 1.6662–
6T(d)(2)(iii)(B)(6) published elsewhere
in this issue of the Federal Register].
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(g) [The text of the proposed
amendment to § 1.6662–6(g) is the same
as the text of § 1.6662–6T(g)(1) and (2)
published elsewhere in this issue of the
Federal Register].
PART 31—EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT THE
SOURCE
Par. 12. The authority citation for part
31 continues to read as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 13. Section 31.3121(s)–1 is
amended by revising paragraphs
(c)(2)(iii) and (d) to read as follows:
§ 31.3121(s)–1 Concurrent employment by
related corporations with common
paymaster.
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(c) * * *
(2) * * *
(iii) [The text of the proposed
amendment to § 31.3121(s)–1(c)(2)(iii) is
the same as the text of § 31.3121(s)–
1T(c)(2)(iii) published elsewhere in this
issue of the Federal Register].
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(d) [The text of the proposed
amendment to § 31.3121(s)–1(d) is the
same as the text of § 31.3121(s)–1T(d)(1)
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Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 06–6674 Filed 7–31–06; 4:40 pm]
Coast Guard
33 CFR Part 165
[CGD09–06–122]
RIN 1625–AA00
Safety Zone; St. Louis River/Duluth/
Interlake Tar Remediation Site, Duluth,
MN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a safety zone on the St. Louis
River in Duluth, Minnesota. The
purpose of the safety zone is to protect
the boating public from dangers
associated with the cleanup operation in
and around Stryker Bay. Entry into this
zone will be prohibited unless
authorized by the Captain of the Port or
his duly appointed representative.
DATES: Comments and related materials
must reach the Coast Guard on or before
September 30, 2006.
ADDRESSES: You may mail comments
and related material to Coast Guard
Marine Safety Unit Duluth, 600 S. Lake
Ave., Duluth, MN 55802. Coast Guard
Marine Safety Unit (MSU) Duluth
maintains the public docket for this
rulemaking. Comments and material
received from the public are part of the
docket [CGD09–06–122] and are
available for inspection or copying at
U.S. Coast Guard Marine Safety Unit
Duluth at the above address between the
hours of 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Scott Stoermer, U.S. Coast Guard
Marine Safety Unit Duluth, at (218)
720–5286, ext. 111.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD09–06–122),
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indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know that they reached us, please
enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Public Meeting
We do not plan to hold a public
meeting. But you may submit a request
for a meeting by writing to MSU Duluth
at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On June 23, 2006, the Captain of the
Port Duluth issued a Temporary Final
Rule (71 FR 36012, CGD9–06–031, 33
CFR 165.T09–031) establishing a safety
zone in Stryker Bay and Hallett Slips 6
& 7, which expires on November 30,
2003. The Coast Guard, through this
action, intends to continue to ensure the
safety of the public and boating traffic
in the Stryker Bay area during the
course of an environmental remediation
project by establishing a permanent
safety zone. This safety zone is intended
to restrict vessel traffic from the portion
of St. Louis River where construction
and dredging are occurring. The size of
the zone was determined by placing the
boundaries approximately 50 feet
beyond the outermost extent of dredging
operations, encompassing all of Stryker
Bay and Hallett Slips 6&7. The Coast
Guard intends to cancel this safety zone
upon completion of the mediation
which is currently anticipated to last for
three years.
Discussion of Proposed Rule
The Coast Guard proposes a safety
zone to ensure the safety of boaters
transiting this portion of the St. Louis
River. This proposed safety zone is
identical to the current safety zone
established by the temporary final rule
discussed above.
The proposed safety zone would
encompass all waters of Stryker Bay and
Hallett Slips 6 & 7 which are located
north of a boundary line delineated by
the following points: From the shoreline
at 46°43′10.00″ N, 092°10′31.66″ W,
then south to 46°43′06.24″ N,
092°10′31.66″ W, then east to
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Proposed Rules
46°43′06.24″ N, 092°09′41.76″ W, then
north to the shoreline at 46°43′10.04″ N,
092°09′41.76″ W. These coordinates are
based upon North American Datum
1983 [NAD 83].
The proposed safety zone requires
that all persons and vessels comply with
the instructions of the Captain of the
Port Duluth or the designated on-scene
representative. Entry into, transiting, or
anchoring within the safety zone would
be prohibited unless authorized by the
Captain of the Port Duluth or his
designated on-scene representative. The
Captain of the Port or his designated
representative may be contacted at Coast
Guard Marine Safety Unit Duluth at
(218) 720–5286.
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 proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This determination
is based on the absence of any
commercial vessel traffic in this portion
of the St. Louis River. There are
currently no operational marine
terminals west of Hallett Slip 7, which
is part of the remediation.
gechino on PROD1PC61 with PROPOSALS
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 St. Louis River in the above
described zone during the effective
period.
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This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: Hallett Slips 6&7
are industrial properties not generally
used by the public, and Stryker Bay
already has posted warnings against use
of those waters. Vessel traffic may enter
or transit through the safety zone with
the permission of the Captain of the Port
Duluth or his designated on-scene
representative. Before the effective
period, we will issue maritime
advisories and ensure they are widely
available to users of the St. Louis River.
If you think 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 offer 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 the rule would affect your
small business, organization or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
MSU Duluth (see ADDRESSES). The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed 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 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 proposed 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
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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 proposed 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 proposed rule will not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed 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 proposed 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 proposed 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.
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Federal Register / Vol. 71, No. 150 / Friday, August 4, 2006 / Proposed Rules
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedure; and related management
system practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation. This event establishes a
safety zone therefore paragraph (34)(g)
of the Instruction applies.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
gechino on PROD1PC61 with PROPOSALS
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 proposes to
amend 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:
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22:27 Aug 03, 2006
Jkt 208001
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.
ENVIRONMENTAL PROTECTION
AGENCY
2. A new § 165.927 is added to read
as follows:
RIN 2040–AE80
§ 165.927 Safety Zone; St. Louis River,
Duluth/Interlake Tar Remediation Site,
Duluth, MN.
(a) Location: The following area is a
safety zone: All waters of Stryker Bay
and Hallett Slips 6 & 7 which are
located north of a boundary line
delineated by the following points:
From the shoreline at 46°43′10.00″ N,
092°10′31.66″ W, then south to
46°43′06.24″ N, 092°10′31.66″ W, then
east to 46°43′06.24″ N, 092°09′41.76″ W,
then north to the shoreline at
46°43′10.04″ N, 092°09′41.76″ W.
[Datum NAD 83].
(b) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth, or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Duluth or his designated on-scene
representative.
(3) The ‘‘designated on-scene
representative’’ of the Captain of the
Port is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The designated onscene representative of the Captain of
the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port or his
designated on-scene representative may
be contacted by calling Coast Guard
Marine Safety Unit Duluth at (218) 720–
5286.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Duluth
to obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone shall comply
with all directions given to them by the
Captain of the Port Duluth or his
designated on-scene representative.
Dated: July 25, 2006.
G.T. Croot,
Commander, U.S. Coast Guard, Captain of
the Port Duluth.
[FR Doc. E6–12661 Filed 8–3–06; 8:45 am]
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40 CFR Parts 122 and 412
[EPA–HQ–OW–2005–0037; FRL–8206–2]
Extension of Public Comment Period
for the National Pollutant Discharge
Elimination System (NPDES) Permit
Regulation and Effluent Limitation
Guidelines for Concentrated Animal
Feeding Operations in Response to
Waterkeeper Decision Proposed Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of the
public comment period.
AGENCY:
SUMMARY: On Friday, June 30, 2006, the
Environmental Protection Agency
published a proposed rule entitled
‘‘Revised National Pollutant Discharge
Elimination System Permit Regulations
and Effluent Limitation Guidelines for
Concentrated Animal Feeding
Operations in Response to Waterkeeper
Decision Proposed Rule.’’ As initially
published in the Federal Register on
June 30, 2006, written comments on the
proposed rulemaking were to be
submitted to EPA on or before August
14, 2006 (a 45-day public comment
period). Since publication, EPA has
received several requests for additional
time to submit comments. Therefore, the
public comment period is being
extended for 15 days and will now end
on August 29, 2006.
DATES: Comments must be received on
or before August 29, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2005–0037 by one of the following
methods:
(1) Federal eRulemaking Portal:
&fnl;https://www.regulations.gov. Follow
the on-line instructions for submitting
comments. EPA prefers to receive
comments submitted electronically.
(2) E-mail: ow–docket@epa.gov,
Attention Docket ID No. EPA–HQ–OW–
2005–0037.
(3) Mail: Send the original and three
copies of your comments to: Water
Docket, Environmental Protection
Agency, Mailcode 4203M, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, Attention Docket ID No.
EPA–HQ–OW–2005–0037.
(4) Hand Delivery: Deliver your
comments to: EPA Docket Center, EPA
West, Room B102, 1301 Constitution
Avenue, NW., Washington, DC,
Attention: Docket ID No. EPA–HQ–OW–
2005–0037. Such deliveries are only
accepted during the Docket’s normal
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]]>Agencies
[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Proposed Rules]
[Pages 44250-44252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12661]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-122]
RIN 1625-AA00
Safety Zone; St. Louis River/Duluth/Interlake Tar Remediation
Site, Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone on the St.
Louis River in Duluth, Minnesota. The purpose of the safety zone is to
protect the boating public from dangers associated with the cleanup
operation in and around Stryker Bay. Entry into this zone will be
prohibited unless authorized by the Captain of the Port or his duly
appointed representative.
DATES: Comments and related materials must reach the Coast Guard on or
before September 30, 2006.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Unit Duluth, 600 S. Lake Ave., Duluth, MN 55802. Coast
Guard Marine Safety Unit (MSU) Duluth maintains the public docket for
this rulemaking. Comments and material received from the public are
part of the docket [CGD09-06-122] and are available for inspection or
copying at U.S. Coast Guard Marine Safety Unit Duluth at the above
address between the hours of 7:30 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Scott Stoermer, U.S. Coast Guard
Marine Safety Unit Duluth, at (218) 720-5286, ext. 111.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-06-
122), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that they reached us, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to MSU Duluth at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
On June 23, 2006, the Captain of the Port Duluth issued a Temporary
Final Rule (71 FR 36012, CGD9-06-031, 33 CFR 165.T09-031) establishing
a safety zone in Stryker Bay and Hallett Slips 6 & 7, which expires on
November 30, 2003. The Coast Guard, through this action, intends to
continue to ensure the safety of the public and boating traffic in the
Stryker Bay area during the course of an environmental remediation
project by establishing a permanent safety zone. This safety zone is
intended to restrict vessel traffic from the portion of St. Louis River
where construction and dredging are occurring. The size of the zone was
determined by placing the boundaries approximately 50 feet beyond the
outermost extent of dredging operations, encompassing all of Stryker
Bay and Hallett Slips 6&7. The Coast Guard intends to cancel this
safety zone upon completion of the mediation which is currently
anticipated to last for three years.
Discussion of Proposed Rule
The Coast Guard proposes a safety zone to ensure the safety of
boaters transiting this portion of the St. Louis River. This proposed
safety zone is identical to the current safety zone established by the
temporary final rule discussed above.
The proposed safety zone would encompass all waters of Stryker Bay
and Hallett Slips 6 & 7 which are located north of a boundary line
delineated by the following points: From the shoreline at
46[deg]43'10.00'' N, 092[deg]10'31.66'' W, then south to
46[deg]43'06.24'' N, 092[deg]10'31.66'' W, then east to
[[Page 44251]]
46[deg]43'06.24'' N, 092[deg]09'41.76'' W, then north to the shoreline
at 46[deg]43'10.04'' N, 092[deg]09'41.76'' W. These coordinates are
based upon North American Datum 1983 [NAD 83].
The proposed safety zone requires that all persons and vessels
comply with the instructions of the Captain of the Port Duluth or the
designated on-scene representative. Entry into, transiting, or
anchoring within the safety zone would be prohibited unless authorized
by the Captain of the Port Duluth or his designated on-scene
representative. The Captain of the Port or his designated
representative may be contacted at Coast Guard Marine Safety Unit
Duluth at (218) 720-5286.
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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This determination is based on
the absence of any commercial vessel traffic in this portion of the St.
Louis River. There are currently no operational marine terminals west
of Hallett Slip 7, which is part of the remediation.
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 St. Louis River in the above described zone
during the effective period.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Hallett
Slips 6&7 are industrial properties not generally used by the public,
and Stryker Bay already has posted warnings against use of those
waters. Vessel traffic may enter or transit through the safety zone
with the permission of the Captain of the Port Duluth or his designated
on-scene representative. Before the effective period, we will issue
maritime advisories and ensure they are widely available to users of
the St. Louis River.
If you think 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 offer 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 the
rule would affect your small business, organization or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MSU Duluth (see ADDRESSES). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed 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 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 proposed 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 proposed 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 proposed rule will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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 proposed 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 proposed 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 proposed 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 44252]]
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 procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This event
establishes a safety zone therefore paragraph (34)(g) of the
Instruction applies.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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:
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.
2. A new Sec. 165.927 is added to read as follows:
Sec. 165.927 Safety Zone; St. Louis River, Duluth/Interlake Tar
Remediation Site, Duluth, MN.
(a) Location: The following area is a safety zone: All waters of
Stryker Bay and Hallett Slips 6 & 7 which are located north of a
boundary line delineated by the following points: From the shoreline at
46[deg]43'10.00'' N, 092[deg]10'31.66'' W, then south to
46[deg]43'06.24'' N, 092[deg]10'31.66'' W, then east to
46[deg]43'06.24'' N, 092[deg]09'41.76'' W, then north to the shoreline
at 46[deg]43'10.04'' N, 092[deg]09'41.76'' W. [Datum NAD 83].
(b) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Duluth, or
his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
(3) The ``designated on-scene representative'' of the Captain of
the Port is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port to act on his behalf.
The designated on-scene representative of the Captain of the Port will
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port or his designated on-scene representative may be
contacted by calling Coast Guard Marine Safety Unit Duluth at (218)
720-5286.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth to obtain permission
to do so. Vessel operators given permission to enter or operate in the
safety zone shall comply with all directions given to them by the
Captain of the Port Duluth or his designated on-scene representative.
Dated: July 25, 2006.
G.T. Croot,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. E6-12661 Filed 8-3-06; 8:45 am]
BILLING CODE 4910-15-P
