Security Zones; Captain of the Port Zone Jacksonville, FL, 45736-45739 [E6-13096]
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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
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§ 2635.105 Supplemental agency
regulations.
33 CFR Part 165
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*
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*
(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
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[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
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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
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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.
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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
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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.
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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
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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:
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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:
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(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.
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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.
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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
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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
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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:
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]]>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.
-----------------------------------------------------------------------
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
