Security Zones; Captain of the Port Zone Jacksonville, FL, 45736-45739 [E6-13096]

Download as PDF 45736 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. DEPARTMENT OF ENERGY List of Subjects in 5 CFR Part 2635 18 CFR Part 33 Conflict of interests, Executive branch standards of ethical conduct, Government employees. [Docket No. RM05–34–002; Order No. 659– B] Approved: August 3, 2006. Robert I. Cusick, Director, Office of Government Ethics. Transactions Subject to FPA Section 203 Federal Energy Regulatory Commission, DOE. ACTION: Final rule; correction. AGENCY: Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR part 2635 as follows: I PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 1. The authority citation for part 2635 continues to read as follows: I Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. SUMMARY: This document corrects an error in an order on rehearing that the Federal Energy Regulatory Commission published in the Federal Register on July 27, 2006. That action affirmed, with certain clarifications, its determinations in Commission Order Nos. 669 and 669– A. EFFECTIVE DATE: August 28, 2006. FOR FURTHER INFORMATION CONTACT: Roshini Thayaparan, Office of the General Counsel, Federal Energy Regulatory Commission at (202) 502– 6867. In FR Document E6–12047, published July 27, 2006 (71 FR 42579), make the following correction: SUPPLEMENTARY INFORMATION: Subpart A—General Provisions 2. Section 2635.102 is amended by adding a new sentence after the second sentence of paragraph (h) to read as follows: I § 2635.102 Federal Energy Regulatory Commission Definitions. * * * * * (h) * * * It includes employees of a State or local government or other organization who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et seq. * * * * * * * * 3. Section 2635.105 is amended by adding a new paragraph (d) to read as follows: § 33.2 [Corrected] On page 42586, in the column 3, in § 33.2 Contents of application—general information requirements, in paragraph (j)(1) introductory text, the word ‘‘transactions’’ is corrected to read ‘‘transaction’’. I Magalie R. Salas, Secretary. [FR Doc. E6–13106 Filed 8–9–06; 8:45 am] BILLING CODE 6717–01–P I DEPARTMENT OF HOMELAND SECURITY Coast Guard * cprice-sewell on PROD1PC66 with RULES § 2635.105 Supplemental agency regulations. 33 CFR Part 165 * * * * (d) Employees of a State or local government or other organization who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et seq., are subject to any requirements, in addition to those in this part, established by a supplemental agency regulation issued under this section to the extent that such regulation expressly provides. [FR Doc. E6–13087 Filed 8–9–06; 8:45 am] BILLING CODE 6345–02–P VerDate Aug<31>2005 14:54 Aug 09, 2006 Jkt 208001 [COTP JACKSONVILLE 06–164] RIN 1625–AA87 Security Zones; Captain of the Port Zone Jacksonville, FL Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: SUMMARY: The Coast Guard is temporarily establishing security zones around any vessel escorted by one or more Coast Guard, State, or local law PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 enforcement assets within the Captain of the Port Zone Jacksonville, FL. No vessel or person is allowed within 100 yards of an escorted vessel, while within the navigable waters of the Captain of the Port Zone, Jacksonville, FL, unless authorized by the Captain of the Port Jacksonville, FL or designated representative. Additionally, all vessels within 500 yards of an escorted vessel in the Captain of the Port Zone Jacksonville, FL will be required to operate at a minimum speed necessary to maintain a safe course. This action is necessary to protect personnel, vessels, and facilities from sabotage or other subversive acts, accidents, or other events of a similar nature. DATES: This rule is effective from August 4, 2006 through November 1, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket (COTP Jacksonville 06–164) and are available for inspection or copying at Coast Guard Sector Jacksonville Prevention Department, 7820 Arlington Expressway, Suite 400, Jacksonville, FL 32211, between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard Sector Jacksonville Prevention Department, Florida tel: (904) 232–2640, ext. 108. 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. Security zones around escorted vessels are necessary to ensure the safe transit of the escorted vessels as well as the public. Certain vessel movements are more vulnerable to terrorist acts and it would be contrary to the public interest to publish an NPRM which would incorporate a notice and comment period that would delay the effective date of this regulation. For the same reasons and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Background and Purpose The terrorist attacks of September 2001 heightened the need for development of various security measures throughout the seaports of the United States, particularly around vessels and facilities whose presence or E:\FR\FM\10AUR1.SGM 10AUR1 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations movement creates a heightened vulnerability to terrorist acts; or those for which the consequences of terrorist acts represent a threat to national security. The President of the United States has found that the security of the United States is and continues to be endangered following the attacks of September 11 (E.O. 13,273, 67 FR 56215, Sep. 3, 2002). Additionally, national security and intelligence officials continue to warn that future terrorist attacks are likely. King’s Bay, GA, and the Ports of Jacksonville, FL, and Canaveral, FL receive vessels that carry sensitive Department of Defense cargoes as well as foreign naval vessels that require additional safeguards. The Captain of the Port (COTP) Jacksonville has determined that these vessels have a significant vulnerability to subversive activity by vessels or persons within the Jacksonville Captain of the Port Zone, as described in 33 CFR 3.35–20. This rule enables the COTP Jacksonville to provide effective port security, while minimizing the public’s confusion and ease the administrative burden of implementing separate temporary security zones for each escorted vessel. cprice-sewell on PROD1PC66 with RULES Discussion of Rule This rule prohibits persons and vessels from coming within 100 yards of all escorted vessels within the navigable waters of the Captain of the Port Zone Jacksonville, FL, as described in 33 CFR 3.35–20. No vessel or person may enter within a 100 yard radius of an escorted vessel unless authorized by the Coast Guard Captain of the Port Jacksonville, FL or his designated representative. Persons or vessels that receive permission to enter the security zone must proceed at a minimum safe speed and must comply with all orders issued by the COTP or his designated representative. Additionally, a vessel operating within 500 yards of an escorted vessel must proceed at a minimum speed necessary to maintain a safe course, unless otherwise required to maintain speed by the navigation rules, and must comply with the orders of the COTP Jacksonville or his designated representative. 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 VerDate Aug<31>2005 14:32 Aug 09, 2006 Jkt 208001 the Department of Homeland Security (DHS). While recognizing the potential impacts to the public, the Coast Guard believes the security zones are necessary for the reasons described above. However, we expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. There is generally enough room for vessels to navigate around these security zones. Where such room is not available and security conditions permit, the Captain of the Port will attempt to provide flexibility for individual vessels as needed. 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 would not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit King’s Bay and the Ports of Jacksonville and Canaveral in the vicinity of escorted vessels. This rule would not have a significant impact on a substantial number of small entities because the zones are limited in size, leaving in most cases ample space for vessels to navigate around them. The zones will not significantly impact commercial and passenger vessel traffic patterns, and mariners will be notified of the zones via Local Notice to Mariners and marine broadcasts. Where such room is not available and security conditions permit, the Captain of the Port will attempt to provide flexibility for individual vessels to transit through the zones as needed. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would affect it economically. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 45737 Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector, of $100,000,000 or more in any one year. Although this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would not 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 rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to E:\FR\FM\10AUR1.SGM 10AUR1 45738 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 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 would not create an environmental risk to health or risk to safety that might 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 would 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. We invite your comments on how this rule might impact tribal governments, even if that impact may not constitute a ‘‘tribal implication’’ under the Order. 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. 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, we believe that this rule should be categorically excluded, under figure 2– 1, paragraph (34)(g), of the Instruction, from further environmental documentation. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. List of Subjects 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; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. Add § 165.T07–164 to read as follows: cprice-sewell on PROD1PC66 with RULES Technical Standards § 165.T07–164 Security Zones; King’s Bay, GA, and the Ports of Jacksonville, FL, and Canaveral, FL. 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. (a) Definitions. The following definitions apply to this section: Designated representatives means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers and other officers operating Coast Guard vessels, and federal, state, and local officers designated by or assisting the Captain of the Port (COTP), Jacksonville, Florida, in the enforcement of the regulated navigation areas and security zones. Escorted vessel means a vessel, other than a U.S. naval vessel as defined in Sec. 165.2015 that is accompanied by one or more Coast Guard assets or other Federal, State or local law enforcement agency assets as listed below: VerDate Aug<31>2005 14:32 Aug 09, 2006 Jkt 208001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (1) Coast Guard surface or air asset displaying the Coast Guard insignia. (2) Coast Guard Auxiliary surface asset displaying the Coast Guard Auxiliary insignia. (3) State and/or local law enforcement asset displaying the applicable agency markings and/or equipment associated with the agency. Minimum Safe Speed means the speed at which a vessel proceeds when it is fully off plane, completely settled in the water and not creating excessive wake. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to minimum safe speed. In no instance should minimum safe speed be interpreted as a speed less than that required for a particular vessel to maintain steerageway. A vessel is not proceeding at minimum safe speed if it is: (1) On a plane; (2) In the process of coming up onto or coming off a plane; or (3) Creating an excessive wake. State and/or local law enforcement officer means any State or local government law enforcement officer who has authority to enforce State or local laws. (b) Regulated Area. All navigable waters within the Captain of the Port Zone Jacksonville, FL, as described in 33 CFR 3.35–20. (c) Regulations. (1) A 100 yard Security Zone is established around, and centered on each Escorted vessel within the Regulated Area. This is a moving security zone when the Escorted vessel is in transit and becomes a fixed zone when the Escorted vessel is anchored or moored. The general regulations for Security Zones contained in § 165.33 of this part applies to this section. (2) A vessel in the Regulated Area operating between 100 yards and 500 yards of an Escorted vessel must proceed at the minimum safe speed, unless otherwise required to maintain speed by the navigation rules, and must comply with the orders of the COTP Jacksonville or his designated representative. (3) Persons or vessels shall contact the COTP Jacksonville to request permission to deviate from these regulations. The COTP Jacksonville may be contacted at (904) 247–7318 or on VHF channel 16. (4) The COTP will inform the public of the existence or status of Escorted vessels in the Regulated Area by Broadcast Notice to Mariners. E:\FR\FM\10AUR1.SGM 10AUR1 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations (d) Dates. This rule is effective from August 4, 2006 through November 1, 2006. Dated: August 3, 2006. Paul F. Thomas, Captain, U.S. Coast Guard, Captain of the Port Jacksonville. [FR Doc. E6–13096 Filed 8–9–06; 8:45 am] BILLING CODE 4910–15–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2006–4] Electronic Payment of Royalties Copyright Office, Library of Congress. ACTION: Final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: The Copyright Office is publishing a final rule amending its rules governing the submission of royalty fees to the Copyright Office to require such payments to be made by electronic funds transfer. DATES: October 1, 2006. FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Associate General Counsel, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707–8366. SUPPLEMENTARY INFORMATION: On April 27, 2006, the Copyright Office published a notice of proposed rulemaking seeking comment on amending its rules requiring the submission of royalty fees to be made by electronic funds transfer. 71 FR 24829 (April 27, 2006). The purpose of this notice is to announce the final rule. Cable systems and satellite carriers that retransmit broadcast signals in accordance with the provisions governing the statutory licenses set forth in sections 111 and 119 of the Copyright Act, title 17 of the United States Code, respectively, are required to pay royalty fees to the Copyright Office. The Copyright Office also receives statutory fees from manufacturers and importers of digital audio recording devices and media who distribute these products in the United States. 17 U.S.C. chapter 10. Payments made under the cable and satellite carrier statutory licenses are remitted semiannually to the Copyright Office. 17 U.S.C. 111(d)(1) and 119(b)(1). Payments made under the Audio Home Recording Act of 1992 are made quarterly. 17 U.S.C. 1003(c). The Copyright Office invests the royalties in United States Treasury securities pending distribution of these funds to VerDate Aug<31>2005 15:26 Aug 09, 2006 Jkt 208001 those copyright owners who are entitled to receive a share of the fees. 17 U.S.C. 111(d)(2), 119(b)(2) and 1005. Under the proposed amended regulations, a number of changes were made regarding the payment of copyright royalties. The most important change was that payment could only be made through an electronic funds transfer (‘‘ETF’’). This change eliminates the options of payment by certified or cashier’s check, or money order. Most payors already use EFTs, and requiring the use of EFTs substantially enhances the efficiency of the collection process. The proposed regulations also require that the parties submit specific identifying and linking information as part of the EFT, and/or as part of a ‘‘remittance advice’’ which accompanies Statement(s) of Account and that the ‘‘remittance advice’’ be faxed or emailed to the Licensing Division. The new rules allow the Copyright Office to return any EFT which fails to properly identify statements to which they relate and requires the remitter to resubmit the EFT correctly. Should this occur, the remitter will be responsible for any assessed interest charge that accrues as a result of a late payment or an underpayment. Additionally, the new rules require that ‘‘remittance advice’’ information be included with Statements of Account in order to accurately identify what is submitted and how fees are to be allocated among the statements. Finally, the new rules include a waiver provision for those situations where there may be circumstances which make it virtually impossible for a remitter to use the electronic payment option or imposes a financial or other hardship. Requests for a waiver must include a statement setting forth the reasons why the waiver should be granted and the statement must be signed by a duly authorized representative of the entity making the payment, certifying that the information provided is true and correct. In response to the publication of the proposed rules, the Copyright Office did not receive any comments. Consequently, the Copyright Office is adopting the previously proposed text with minor stylistic changes, as final rules. List of Subjects in 37 CFR Part 201 Copyright. Final Regulation In consideration of the foregoing, the Copyright Office is amending part 201 of 37 CFR, chapter II in the manner set forth below: I PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 45739 PART 201—GENERAL PROVISIONS 1. The authority citation for part 201 continues to read as follows: I Authority: 17 U.S.C. 702. 2. Revise § 201.11 (f) to read as follows: I § 201.11 Satellite carrier statements of account covering statutory licenses for secondary transmissions. * * * * * (f) Royalty fee payment. (1) All royalty fees shall be paid by a single electronic funds transfer and payment must be received in the designated bank by the filing deadline for the relevant accounting period. The following information shall be provided as part of the EFT and/or as part of the remittance advice as provided for in circulars issued by the Copyright Office: (i) Remitter’s name and address; (ii) Name of a contact person, telephone number and extension, and email address; (iii) The actual or anticipated date that the EFT will be transmitted; (iv) Type of royalty payment (i.e. satellite); (v) Total amount submitted via the EFT; (vi) Total amount to be paid by year and period; (vii) Number of Statements of Account that the EFT covers; (viii) ID numbers assigned by the Licensing Division; (ix) Legal name of the owner for each Statement of Account. (2) The remittance advice shall be attached to the Statement(s) of Account. In addition, a copy of the remittance advice shall be emailed or sent by facsimile to the Licensing Division. (3) The Office may waive the requirement for payment by electronic funds transfer as set forth in paragraph (f)(1) of this section. To obtain a waiver, the remitter shall submit to the Licensing Division at least 60 days prior to the royalty fee due date a certified statement setting forth the reasons explaining why payment by an electronic funds transfer would be virtually impossible or, alternatively, why it would impose a financial or other hardship on the remitter. The certified statement must be signed by a duly authorized representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter. * * * * * I 3. Revise § 201.17(i) to read as follows: E:\FR\FM\10AUR1.SGM 10AUR1

Agencies

[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Rules and Regulations]
[Pages 45736-45739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13096]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP JACKSONVILLE 06-164]
RIN 1625-AA87


Security Zones; Captain of the Port Zone Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily establishing security zones 
around any vessel escorted by one or more Coast Guard, State, or local 
law enforcement assets within the Captain of the Port Zone 
Jacksonville, FL. No vessel or person is allowed within 100 yards of an 
escorted vessel, while within the navigable waters of the Captain of 
the Port Zone, Jacksonville, FL, unless authorized by the Captain of 
the Port Jacksonville, FL or designated representative. Additionally, 
all vessels within 500 yards of an escorted vessel in the Captain of 
the Port Zone Jacksonville, FL will be required to operate at a minimum 
speed necessary to maintain a safe course. This action is necessary to 
protect personnel, vessels, and facilities from sabotage or other 
subversive acts, accidents, or other events of a similar nature.

DATES: This rule is effective from August 4, 2006 through November 1, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (COTP Jacksonville 06-164) and are 
available for inspection or copying at Coast Guard Sector Jacksonville 
Prevention Department, 7820 Arlington Expressway, Suite 400, 
Jacksonville, FL 32211, between 7:30 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard 
Sector Jacksonville Prevention Department, Florida tel: (904) 232-2640, 
ext. 108.

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. Security zones around escorted 
vessels are necessary to ensure the safe transit of the escorted 
vessels as well as the public. Certain vessel movements are more 
vulnerable to terrorist acts and it would be contrary to the public 
interest to publish an NPRM which would incorporate a notice and 
comment period that would delay the effective date of this regulation.
    For the same reasons and under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

Background and Purpose

    The terrorist attacks of September 2001 heightened the need for 
development of various security measures throughout the seaports of the 
United States, particularly around vessels and facilities whose 
presence or

[[Page 45737]]

movement creates a heightened vulnerability to terrorist acts; or those 
for which the consequences of terrorist acts represent a threat to 
national security. The President of the United States has found that 
the security of the United States is and continues to be endangered 
following the attacks of September 11 (E.O. 13,273, 67 FR 56215, Sep. 
3, 2002). Additionally, national security and intelligence officials 
continue to warn that future terrorist attacks are likely.
    King's Bay, GA, and the Ports of Jacksonville, FL, and Canaveral, 
FL receive vessels that carry sensitive Department of Defense cargoes 
as well as foreign naval vessels that require additional safeguards. 
The Captain of the Port (COTP) Jacksonville has determined that these 
vessels have a significant vulnerability to subversive activity by 
vessels or persons within the Jacksonville Captain of the Port Zone, as 
described in 33 CFR 3.35-20. This rule enables the COTP Jacksonville to 
provide effective port security, while minimizing the public's 
confusion and ease the administrative burden of implementing separate 
temporary security zones for each escorted vessel.

Discussion of Rule

    This rule prohibits persons and vessels from coming within 100 
yards of all escorted vessels within the navigable waters of the 
Captain of the Port Zone Jacksonville, FL, as described in 33 CFR 3.35-
20. No vessel or person may enter within a 100 yard radius of an 
escorted vessel unless authorized by the Coast Guard Captain of the 
Port Jacksonville, FL or his designated representative. Persons or 
vessels that receive permission to enter the security zone must proceed 
at a minimum safe speed and must comply with all orders issued by the 
COTP or his designated representative. Additionally, a vessel operating 
within 500 yards of an escorted vessel must proceed at a minimum speed 
necessary to maintain a safe course, unless otherwise required to 
maintain speed by the navigation rules, and must comply with the orders 
of the COTP Jacksonville or his designated representative.

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).
    While recognizing the potential impacts to the public, the Coast 
Guard believes the security zones are necessary for the reasons 
described above. However, we expect the economic impact of this rule to 
be so minimal that a full Regulatory Evaluation under the regulatory 
policies and procedures of DHS is unnecessary. There is generally 
enough room for vessels to navigate around these security zones. Where 
such room is not available and security conditions permit, the Captain 
of the Port will attempt to provide flexibility for individual vessels 
as needed.

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit King's Bay and the Ports of Jacksonville and 
Canaveral in the vicinity of escorted vessels. This rule would not have 
a significant impact on a substantial number of small entities because 
the zones are limited in size, leaving in most cases ample space for 
vessels to navigate around them. The zones will not significantly 
impact commercial and passenger vessel traffic patterns, and mariners 
will be notified of the zones via Local Notice to Mariners and marine 
broadcasts. Where such room is not available and security conditions 
permit, the Captain of the Port will attempt to provide flexibility for 
individual vessels to transit through the zones as needed.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would affect it economically.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. Small businesses 
may send comments on the actions of Federal employees who enforce, or 
otherwise determine compliance with, Federal regulations to the Small 
Business and Agriculture Regulatory Enforcement Ombudsman and the 
Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector, of $100,000,000 or more in any 
one year. Although this rule would not result in such an expenditure, 
we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 45738]]

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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
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, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES.

List of Subjects 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; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Public Law 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T07-164 to read as follows:


Sec.  165.T07-164  Security Zones; King's Bay, GA, and the Ports of 
Jacksonville, FL, and Canaveral, FL.

    (a) Definitions. The following definitions apply to this section:
    Designated representatives means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), 
Jacksonville, Florida, in the enforcement of the regulated navigation 
areas and security zones.
    Escorted vessel means a vessel, other than a U.S. naval vessel as 
defined in Sec. 165.2015 that is accompanied by one or more Coast Guard 
assets or other Federal, State or local law enforcement agency assets 
as listed below:
    (1) Coast Guard surface or air asset displaying the Coast Guard 
insignia.
    (2) Coast Guard Auxiliary surface asset displaying the Coast Guard 
Auxiliary insignia.
    (3) State and/or local law enforcement asset displaying the 
applicable agency markings and/or equipment associated with the agency.
    Minimum Safe Speed means the speed at which a vessel proceeds when 
it is fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to minimum safe speed. 
In no instance should minimum safe speed be interpreted as a speed less 
than that required for a particular vessel to maintain steerageway. A 
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    State and/or local law enforcement officer means any State or local 
government law enforcement officer who has authority to enforce State 
or local laws.
    (b) Regulated Area. All navigable waters within the Captain of the 
Port Zone Jacksonville, FL, as described in 33 CFR 3.35-20.
    (c) Regulations. (1) A 100 yard Security Zone is established 
around, and centered on each Escorted vessel within the Regulated Area. 
This is a moving security zone when the Escorted vessel is in transit 
and becomes a fixed zone when the Escorted vessel is anchored or 
moored. The general regulations for Security Zones contained in Sec.  
165.33 of this part applies to this section.
    (2) A vessel in the Regulated Area operating between 100 yards and 
500 yards of an Escorted vessel must proceed at the minimum safe speed, 
unless otherwise required to maintain speed by the navigation rules, 
and must comply with the orders of the COTP Jacksonville or his 
designated representative.
    (3) Persons or vessels shall contact the COTP Jacksonville to 
request permission to deviate from these regulations. The COTP 
Jacksonville may be contacted at (904) 247-7318 or on VHF channel 16.
    (4) The COTP will inform the public of the existence or status of 
Escorted vessels in the Regulated Area by Broadcast Notice to Mariners.

[[Page 45739]]

    (d) Dates. This rule is effective from August 4, 2006 through 
November 1, 2006.

    Dated: August 3, 2006.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
 [FR Doc. E6-13096 Filed 8-9-06; 8:45 am]
BILLING CODE 4910-15-P