Safety Zone; Cleveland National Air Show, Lake Erie, OH, 45393-45395 [E6-12937]
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Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
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.
We have analyzed this rule under
Commandant Instruction M16475.1D,
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.
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
jlentini on PROD1PC65 with RULES
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:
Dated: July 6, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo, Sector Buffalo.
[FR Doc. E6–12939 Filed 8–8–06; 8:45 am]
BILLING CODE 4910–15–P
I
Environment
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.
VerDate Aug<31>2005
List of Subjects in 33 CFR Part 165
45393
16:38 Aug 08, 2006
Jkt 208001
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for part 165
continues to read as follows:
33 CFR Part 165
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. A new temporary § 165.T09–115 is
added to read as follows:
I
§ 165.T09–115
Safety Zone; NY.
(a) Location. The following area is a
temporary safety zone: all waters of the
Seneca River within 800 foot radius of
the fireworks barge moored/anchored in
approximate position 43°09′30″ N,
076°20′23″ W (NAD 83).
(b) Effective time and date. This
section is effective from 9 p.m. (local)
until 10 p.m. (local) on September 2,
2006.
(c) Regulations.
(1) 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.
(2) This safety zone is closed to all
vessel traffic except as may be permitted
by the Captain of the Port Buffalo or his
designated on-scene representative.
(3) The ‘‘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 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 via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative 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 Buffalo or his on-scene
representative.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
[CGD09–06–114]
RIN 1625–AA00
Safety Zone; Cleveland National Air
Show, Lake Erie, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Erie. This zone is intended to
restrict vessels from a portion of Lake
Erie and Cleveland Harbor during the
Cleveland National Air Show from
August 31, 2006 to September 4, 2006.
This safety zone is necessary to protect
persons and vessels from the potential
safety hazards associated with high
speed, low altitude acrobatic and
military aircraft.
DATES: This rule is effective from 10
a.m. on August 31, 2006 through 6 p.m.
on September 4, 2006. The rule will be
enforced from 10 a.m. to 6 p.m. on
August 31, 2006; from 10 a.m. to 6 p.m.
on September 1, 2006; from 10 a.m. to
6 p.m. on September 2, 2006; from 10
a.m. to 6 p.m. on September 3, 2006;
and from 10 a.m. to 6 p.m. on
September 4, 2006. All times are local.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD09–06–
114 and are available for inspection or
copying at MSU Cleveland, 1055 East
9th Street, Cleveland, OH 44114
between 8 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (LT) Nicole Starr, U.S. Coast
Guard Marine Safety Unit Cleveland, at
(216) 937–0128.
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.
E:\FR\FM\09AUR1.SGM
09AUR1
45394
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
Under 5 U.S.C. 533(d)(3), good cause
also 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
This safety zone is necessary to
protect persons and vessels from the
potential safety hazards associated with
high speed, low altitude acrobatic and
military aircraft.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone for the Cleveland
National Air Show. The zone covers the
waters of Lake Erie and Cleveland
Harbor (near Burke Lakefront Airport)
from position 41°30.34′ N 081°42.33′ W
to 41°30.84′ N 081°42.82′ W then to 41°
32.15′ N 081°39.82′ W then to 41°31.88′
N 081°39.40′ W then east to 41°31.71′N
081°39.76′ W. The event sponsor will
establish marker buoys to outline the
safety zone at regular intervals to assist
vessels in recognizing this area as a
safety zone during the times of
enforcement. These coordinates are
based upon North American Datum
1983 (NAD 83).
The Coast Guard will notify the
public in advance by way of Ninth Coast
Guard District Local Notice to Mariners,
Marine Information Broadcasts, and for
those who request it from Marine Safety
Unit Cleveland, by facsimile.
jlentini on PROD1PC65 with RULES
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed this rule under
that Order.
We expect the economic impact of
this rule to be so minimal that a full
regulatory evaluation is unnecessary.
This determination is based on the
size and location of the safety zone
within the water. Commercial vessels
will not be hindered by the safety zone,
as all commercial traffic will be diverted
through the Lake Approach Channel.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times.
VerDate Aug<31>2005
16:38 Aug 08, 2006
Jkt 208001
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
impact on a substantial number of small
entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit 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. 05(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 might be small
entities: the owners or operators of
commercial vessels intending to transit
a portion of the safety zone.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: the zone is only
in effect for the Labor Day Weekend, a
holiday known to have minimal
commercial traffic in the area of the
safety zone. Before the activation of the
safety zone, the Coast Guard will issue
maritime advisories available to users
who may be impacted through
notification in the Federal Register, the
Ninth District Coast Guard Local Notice
to Mariners, Marine Information
Broadcasts and when requested by
facsimile.
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
will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Lieutenant
Nicole Starr, U.S. Coast Guard Marine
Safety Unit Cleveland, 1055 East 9th
Street, Cleveland, OH 44114.
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.
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
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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 cost of compliance
on them. We have analyzed this rule
under that Order and have determined
that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
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
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,
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
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.
paragraph (34)(g) of the Instruction
applies.
A final ‘‘Environmental Analysis
Check List’’ and final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
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.
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
jlentini on PROD1PC65 with RULES
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. Because
this event establishes a safety zone,
VerDate Aug<31>2005
16:38 Aug 08, 2006
Jkt 208001
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.
I 2. A new temporary § 165.T09–114 is
added to read as follows:
§ 165.T09–114 Safety Zone; Cleveland
National Air Show, Lake Erie, OH.
(a) Location. The following is a safety
zone: All waters of Lake Erie and
Cleveland Harbor (near Burke Lakefront
Airport) from position 41°30.34′ N
081°42.33′ W to 41°30.84′ N 081°42.82′
W then to 41°32.15′ N 081°39.82′ W
then to 41°31.88′ N 081°39.40′ W then
east to 41°31.71′ N 081°39.76′ W. These
coordinates are based upon North
American Datum 1983 (NAD 83). The
event sponsor will establish marker
buoys to outline the safety zone at
regular intervals to assist vessels in
recognizing this area as a safety zone
during the times of enforcement.
(b) Effective Period. The safety zone in
paragraph (a) of this section is effective
from 10 a.m. on August 31, 2006
through 6 p.m. on September 4, 2006.
The rule will be enforced from 10 a.m.
to 6 p.m. on August 31, 2006; from 10
a.m. to 6 p.m. on September 1, 2006;
from 10 a.m. to 6 p.m. on September 2,
2006; from 10 a.m. to 6 p.m. on
September 3, 2006; and from 10 a.m. to
6 p.m. on September 4, 2006. All times
are local.
(c) Regulations. Entry into, transit
through, or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port Buffalo or his
designated on-scene representative. The
designated on-scene representative will
be the Coast Guard Patrol Commander.
The Coast Guard Patrol Commander
may be contacted via VHF Channel 16.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
45395
Dated: July 6, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E6–12937 Filed 8–8–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0529; FRL–8083–8]
Lepidopteran Pheromones; Exemption
from the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation amends the
existing exemption from the
requirement of a tolerance for residues
of the biochemicals classified as
lepidopteran pheromones, which are
naturally occurring compounds, or
identical or substantially similar
synthetic compounds to include use as
a ‘‘post-harvest treatment’’ on all stored
food commodities. Bedoukian Research,
Inc. submitted a petition to EPA under
the Federal Food, Drug, and Cosmetic
Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of biochemicals classified
as lepidopteran pheromones.
DATES: This regulation is effective
August 9, 2006. Objections and requests
for hearings must be received on or
before October 10, 2006, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0529. All documents in the
docket are listed in the index for the
docket. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Rules and Regulations]
[Pages 45393-45395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12937]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-114]
RIN 1625-AA00
Safety Zone; Cleveland National Air Show, Lake Erie, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie. This zone is intended to restrict vessels from a portion of
Lake Erie and Cleveland Harbor during the Cleveland National Air Show
from August 31, 2006 to September 4, 2006. This safety zone is
necessary to protect persons and vessels from the potential safety
hazards associated with high speed, low altitude acrobatic and military
aircraft.
DATES: This rule is effective from 10 a.m. on August 31, 2006 through 6
p.m. on September 4, 2006. The rule will be enforced from 10 a.m. to 6
p.m. on August 31, 2006; from 10 a.m. to 6 p.m. on September 1, 2006;
from 10 a.m. to 6 p.m. on September 2, 2006; from 10 a.m. to 6 p.m. on
September 3, 2006; and from 10 a.m. to 6 p.m. on September 4, 2006. All
times are local.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD09-06-114 and are available for
inspection or copying at MSU Cleveland, 1055 East 9th Street,
Cleveland, OH 44114 between 8 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Nicole Starr, U.S.
Coast Guard Marine Safety Unit Cleveland, at (216) 937-0128.
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.
[[Page 45394]]
Under 5 U.S.C. 533(d)(3), good cause also 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
This safety zone is necessary to protect persons and vessels from
the potential safety hazards associated with high speed, low altitude
acrobatic and military aircraft.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for the
Cleveland National Air Show. The zone covers the waters of Lake Erie
and Cleveland Harbor (near Burke Lakefront Airport) from position
41[deg]30.34' N 081[deg]42.33' W to 41[deg]30.84' N 081[deg]42.82' W
then to 41[deg] 32.15' N 081[deg]39.82' W then to 41[deg]31.88' N
081[deg]39.40' W then east to 41[deg]31.71'N 081[deg]39.76' W. The
event sponsor will establish marker buoys to outline the safety zone at
regular intervals to assist vessels in recognizing this area as a
safety zone during the times of enforcement. These coordinates are
based upon North American Datum 1983 (NAD 83).
The Coast Guard will notify the public in advance by way of Ninth
Coast Guard District Local Notice to Mariners, Marine Information
Broadcasts, and for those who request it from Marine Safety Unit
Cleveland, by facsimile.
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 this rule under that Order.
We expect the economic impact of this rule to be so minimal that a
full regulatory evaluation is unnecessary.
This determination is based on the size and location of the safety
zone within the water. Commercial vessels will not be hindered by the
safety zone, as all commercial traffic will be diverted through the
Lake Approach Channel. Recreational vessels will not be allowed to
transit through the designated safety zone during the specified times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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. 05(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 might
be small entities: the owners or operators of commercial vessels
intending to transit a portion of the safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: the
zone is only in effect for the Labor Day Weekend, a holiday known to
have minimal commercial traffic in the area of the safety zone. Before
the activation of the safety zone, the Coast Guard will issue maritime
advisories available to users who may be impacted through notification
in the Federal Register, the Ninth District Coast Guard Local Notice to
Mariners, Marine Information Broadcasts and when requested by
facsimile.
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 will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact Lieutenant Nicole Starr, U.S. Coast Guard
Marine Safety Unit Cleveland, 1055 East 9th Street, Cleveland, OH
44114.
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.
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
cost of compliance on them. We have analyzed this rule under that Order
and have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such 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
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,
[[Page 45395]]
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. 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 procedure; and related management
system 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. Because this event establishes a safety zone, paragraph
(34)(g) of the Instruction applies.
A final ``Environmental Analysis Check List'' and 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.
0
2. A new temporary Sec. 165.T09-114 is added to read as follows:
Sec. 165.T09-114 Safety Zone; Cleveland National Air Show, Lake Erie,
OH.
(a) Location. The following is a safety zone: All waters of Lake
Erie and Cleveland Harbor (near Burke Lakefront Airport) from position
41[deg]30.34' N 081[deg]42.33' W to 41[deg]30.84' N 081[deg]42.82' W
then to 41[deg]32.15' N 081[deg]39.82' W then to 41[deg]31.88' N
081[deg]39.40' W then east to 41[deg]31.71' N 081[deg]39.76' W. These
coordinates are based upon North American Datum 1983 (NAD 83). The
event sponsor will establish marker buoys to outline the safety zone at
regular intervals to assist vessels in recognizing this area as a
safety zone during the times of enforcement.
(b) Effective Period. The safety zone in paragraph (a) of this
section is effective from 10 a.m. on August 31, 2006 through 6 p.m. on
September 4, 2006. The rule will be enforced from 10 a.m. to 6 p.m. on
August 31, 2006; from 10 a.m. to 6 p.m. on September 1, 2006; from 10
a.m. to 6 p.m. on September 2, 2006; from 10 a.m. to 6 p.m. on
September 3, 2006; and from 10 a.m. to 6 p.m. on September 4, 2006. All
times are local.
(c) Regulations. Entry into, transit through, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative. The designated
on-scene representative will be the Coast Guard Patrol Commander. The
Coast Guard Patrol Commander may be contacted via VHF Channel 16.
Dated: July 6, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-12937 Filed 8-8-06; 8:45 am]
BILLING CODE 4910-15-P
