Safety Zone Regulations, New Tacoma Narrows Bridge Construction Project, Construction Barge “MARMACK 12”, Tacoma Narrows, Gig Harbor, WA, 47452-47454 [E6-13563]
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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Rules and Regulations
hsrobinson on PROD1PC68 with RULES
(iv) Method of election. A foreign
corporation that elects the benefits of
this paragraph (e)(3) for a taxable year
shall state on its return for the taxable
year (or on a statement attached to the
return) that it has elected to reduce its
liabilities for the taxable year under this
paragraph (e)(3) and that it has reduced
the amount of its U.S.-connected
liabilities as provided in § 1.884–
1(e)(3)(iii), and shall indicate the
amount of such reductions on the return
or attachment. An election under this
paragraph (e)(3) must be made before
the due date (including extensions) for
the foreign corporation’s income tax
return for the taxable year, except that
for the first tax year for which the
original tax return due date (including
extensions) is after August 17, 2006 and
not later than December 31, 2006, an
election under this paragraph (e)(3) may
be made on an amended return within
180 days after the original due date
(including extensions).
(v) through (e)(5) Example 1
[Reserved]. For further guidance, see
§ 1.884–1(e)(3)(v) through (e)(5)
Example 1.
Example 2. Election made to reduce
liabilities. (i) As of the close of 2007, foreign
corporation A, a real estate company, owns
U.S. assets with an E&P basis of $1000. A has
$800 of liabilities under paragraph (e)(1) of
this section. A has accumulated ECEP of
$500 and in 2008, A has $60 of ECEP that
it intends to retain for future expansion of its
U.S. trade or business. A elects under
paragraph (e)(3) of this section to reduce its
liabilities by $60 from $800 to $740. As a
result of the election, assuming A’s U.S.
assets and U.S. liabilities would otherwise
have remained constant, A’s U.S. net equity
as of the close of 1994 will increase by the
amount of the decrease in liabilities ($60)
from $200 to $260 and its ECEP will be
reduced to zero. Under § 1.884–1(e)(3)(iii),
A’s interest expense for the taxable year is
reduced by the amount of interest
attributable to $60 of liabilities and A’s
excess interest is reduced by the same
amount. A’s taxable income and ECEP are
increased by the amount of the reduction in
interest expense attributable to the liabilities,
and A may make an election under paragraph
(e)(3) of this section to further reduce its
liabilities, thus increasing its U.S. net equity
and reducing the amount of additional ECEP
created for the election.
(ii) In 2009, assuming A again has $60 of
ECEP, A may again make the election under
paragraph (e)(3) to reduce its liabilities.
However, assuming A’s U.S. assets and
liabilities under paragraph (e)(1) of this
section remain constant, A will need to make
an election to reduce its liabilities by $120
to reduce to zero its ECEP in 2009 and to
continue to retain for expansion (without the
payment of the branch profits tax) the $60 of
ECEP earned in 2008. Without an election to
reduce liabilities, A’s dividend equivalent
amount for 2009 would be $120 ($60 of ECEP
plus the $60 reduction in U.S. net equity
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15:05 Aug 16, 2006
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from $260 to $200). If A makes the election
to reduce liabilities by $120 (from $800 to
$680), A’s U.S. net equity will increase by
$60 (from $260 at the end of the previous
year to $320), the amount necessary to reduce
its ECEP to $0. However, the reduction of
liabilities will itself create additional ECEP
subject to section 884 because of the
reduction in interest expense attributable to
the $120 of liabilities. A can make the
election to reduce liabilities by $120 without
exceeding the limitation on the election
provided in paragraph (e)(3)(ii) of this section
because the $120 reduction does not exceed
the amount needed to treat the 2009 and
2008 ECEP as reinvested in the net equity of
the trade or business within the United
States.
(iii) If A terminates its U.S. trade or
business in 2009 in accordance with the rules
in § 1.884–2T(a), A would not be subject to
the branch profits tax on the $60 of ECEP
earned in that year. Under paragraph § 1.884–
1(e)(3)(v) of this section, however, it would
be subject to the branch profits tax on the
portion of the $60 of ECEP that it earned in
2008 that became accumulated ECEP because
of an election to reduce liabilities.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–06–027]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma
Narrows Bridge Construction Project,
Construction Barge ‘‘MARMACK 12’’,
Tacoma Narrows, Gig Harbor, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around the Barge ‘‘MARMACK 12’’,
Official Number 1024657, while it is
being used for the New Tacoma Narrows
Bridge Construction Project. The zone
will extend 500 feet in all directions
from the barge, and will be in effect at
all times during the duration of this
rule. This zone is only in effect while
the barge is on the navigable waters of
(f) through (j)(2)(ii) [Reserved]. For
the United States, in the Tacoma
further guidance, see § 1.884–1(f)
Narrows. The Coast Guard is taking this
through (j)(2)(ii).
action to safeguard the public from
possible collision with the barge and the
PART 602—OMB CONTROL NUMBER
deck sections it is carrying, and from
UNDER THE PAPERWORK
hazards associated with navigating in
REDUCTION ACT
the vicinity of the barge during
construction operations. Entry into this
I Par. 7. The authority citation for part
zone is prohibited unless authorized by
602 continues to read as follows:
the Captain of the Port, Puget Sound or
his designated representatives.
Authority: 26 U.S.C. 7805.
DATES: This rule is effective from 12
I Par. 8. In § 602.101, paragraph (b) is
a.m. (PST) June 19, 2006 to 12 a.m.
amended by adding an entry for
(PST) November 16, 2006, unless sooner
‘‘§ 1.882–5T’’ to the table to read
cancelled or extended by the Captain of
follows:
the Port.
ADDRESSES: Documents indicated in this
§ 601.101 OMB Control numbers.
preamble as being available in the
*
*
*
*
*
docket are part of docket CGD13–06–
(b) * * *
027 and are available for inspection or
copying at the Waterways Management
Current
Division, Coast Guard Sector Seattle,
CFR part or section where
OMB control 1519 Alaskan Way South, Seattle, WA
identified and described
No.
98134, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
*
*
*
*
*
1.882–5T ...................................
1545–2030 FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Erica Govednik,
*
*
*
*
*
Waterways Management Division, Coast
Guard Sector Seattle, at (206) 217–6138.
SUPPLEMENTARY INFORMATION:
Approved: August 2, 2006.
Mark E. Mathews,
Deputy Commissioner for Services and
Enforcement.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. E6–13402 Filed 8–15–06; 8:45 am]
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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. Publishing
an NPRM would be contrary to the
public interest since immediate action is
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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Rules and Regulations
necessary to ensure the safety of vessels
and persons that transit in the vicinity
of the Tacoma Narrows Bridge. If
normal notice and comment procedures
were followed, this rule would not
become effective until after construction
activities were already taking place.
For the same reasons, the Coast Guard
finds that, under 5 U.S.C. 553(d)(3),
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Background and Purpose
The Coast Guard is establishing a
temporary safety zone on the waters of
Tacoma Narrows, Washington, for the
New Tacoma Narrows Bridge
construction project. The Coast Guard
has determined it is necessary to restrict
access to the certain waters under the
West Span in order to safeguard people
and property from hazards associated
with the presence of construction
vessels and equipment in that area.
These safety hazards include, but are
not limited to, hazards to navigation,
collisions with mooring cables, and
collisions with work vessels and barges.
hsrobinson on PROD1PC68 with RULES
Discussion of Rule
The Coast Guard is adopting a
temporary safety zone regulation on the
waters of Tacoma Narrows, Washington,
for the New Tacoma Narrows Bridge
construction project. The Coast Guard
has determined it is necessary to restrict
access to the waters within 500 feet of
the construction barge ‘‘MARMACK’’, in
order to safeguard people and property
from hazards associated with navigating
in the vicinity of moving construction
equipment. These safety hazards
include, but are not limited to, hazards
to navigation, collisions with the barge
or its cargo, and disturbance of the load
on the barge, which could fall or shift,
injuring anyone in the vicinity. The
Coast Guard, through this action,
intends to promote the safety of
personnel, vessels, and facilities in the
area. Entry into this zone will be
prohibited unless authorized by the
Captain of the Port or his representative.
This safety zone will be enforced by
Coast Guard personnel. The Captain of
the Port may be assisted by other
federal, state, or local agencies.
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.
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We expect the economic impact of
this temporary rule to be so minimal
that a full Regulatory Evaluation is
unnecessary. This expectation is based
on the fact that the regulated area
established by this regulation would
encompass a small area that should not
impact commercial or recreational
traffic. For the above reasons, the Coast
Guard does not anticipate any
significant economic impact.
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.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit this portion
of the Tacoma Narrows during the time
this regulation is in effect. The zone will
not have a significant economic impact
on a substantial number of small entities
due to its small area. Because the
impacts of this rule are expected to be
so minimal, the Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
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. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the (FOR FURTHER INFORMATION
CONTACT) section. 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
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47453
Guard, call 1–888–REG–FAIR (1–888–
734–3247).
Collection of Information
This temporary rule would call 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 temporary rule under that Order
and have determined that this rule does
not have implications for federalism
under that Order.
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
State, local, or tribal government, in the
aggregate, or 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 temporary rule would 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 temporary rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian tribal governments, because
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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Rules and Regulations
it does not have a substantial direct
effect on one or more Indian tribes, on
the relationship between the federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the federal
government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. 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.
hsrobinson on PROD1PC68 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of 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. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
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Determination’’ will be available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. From 12 a.m. (PST) June 19, 2006
to 12 a.m. (PST) November 16, 2006,
add temporary § 165.T13–026 to read as
follows:
I
§ 165.T13–026 Safety Zone: New Tacoma
Narrows Bridge Construction Project,
Construction Barge ‘‘MARMACK 12’’
Tacoma Narrows, Gig Harbor, WA.
(a) Location. The following is a safety
zone: All waters of the Tacoma Narrows,
Washington State, from surface to
bottom, within 500 feet of the
construction barge ‘‘MARMACK 12’’,
official number 1024657.
(b) Regulations. In accordance with
the general regulations in Section
165.23 of this part, no person or vessel
may enter or remain in the zone except
for those persons involved in the
construction of the new Tacoma
Narrows Bridge, supporting personnel,
or other vessels authorized by the
Captain of the Port or his designated
representatives. Vessels and persons
granted authorization to enter the safety
zone shall obey all lawful orders or
directions of the Captain of the Port or
his designated representative.
(c) Effective period. This section is
effective from 12 a.m. (PST) June 19,
2006 to 12 a.m. (PST) November 16,
2006, unless sooner cancelled or
extended by the Captain of the Port.
Dated: June 15, 2006.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. E6–13563 Filed 8–16–06; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–06–026]
RIN 1625–AA00
Safety Zone; New Tacoma Narrows
Bridge Construction Project, Bridge
Deck Lifting Beams, Tacoma Narrows,
Gig Harbor, WA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around the lifting beams of the cranes
being used to lift deck sections into
place on the New Tacoma Narrows
Bridge. The zone will encompass all
waters within 500 feet of the area
directly below the lifting beams for the
duration of the lowering, hookup,
raising, and securing evolutions, and
will only apply to the beams on the
cranes that are in use. The beams being
used for the day’s evolutions will be
clearly marked on each end with a
white flashing light. The Coast Guard is
taking this action to safeguard the
public from the hazards associated with
navigating in the vicinity of moving
construction equipment and heavy
loads. These hazards may include risk
of collision with the lifting beams and
risks associated with falling loads,
should there be an equipment failure.
Entry into this zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound or his designated
representatives.
DATES: This rule is effective from 12
a.m. (PST) June 19, 2006 to 12 a.m.
(PST) November 16, 2006, unless sooner
cancelled or extended by the Captain of
the Port.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD13–06–
014 and are available for inspection or
copying at the Waterways Management
Division, Coast Guard Sector Seattle,
1519 Alaskan Way South, Seattle, WA,
98134, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Erica Govednik,
Waterways Management Division, Coast
Guard Sector Seattle, at (206) 217–6138.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
E:\FR\FM\17AUR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Rules and Regulations]
[Pages 47452-47454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13563]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-027]
RIN 1625-AA00
Safety Zone Regulations, New Tacoma Narrows Bridge Construction
Project, Construction Barge ``MARMACK 12'', Tacoma Narrows, Gig Harbor,
WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
the Barge ``MARMACK 12'', Official Number 1024657, while it is being
used for the New Tacoma Narrows Bridge Construction Project. The zone
will extend 500 feet in all directions from the barge, and will be in
effect at all times during the duration of this rule. This zone is only
in effect while the barge is on the navigable waters of the United
States, in the Tacoma Narrows. The Coast Guard is taking this action to
safeguard the public from possible collision with the barge and the
deck sections it is carrying, and from hazards associated with
navigating in the vicinity of the barge during construction operations.
Entry into this zone is prohibited unless authorized by the Captain of
the Port, Puget Sound or his designated representatives.
DATES: This rule is effective from 12 a.m. (PST) June 19, 2006 to 12
a.m. (PST) November 16, 2006, unless sooner cancelled or extended by
the Captain of the Port.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD13-06-027 and are available for
inspection or copying at the Waterways Management Division, Coast Guard
Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134, between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Erica
Govednik, Waterways Management Division, Coast Guard Sector Seattle, at
(206) 217-6138.
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. Publishing an NPRM would be
contrary to the public interest since immediate action is
[[Page 47453]]
necessary to ensure the safety of vessels and persons that transit in
the vicinity of the Tacoma Narrows Bridge. If normal notice and comment
procedures were followed, this rule would not become effective until
after construction activities were already taking place.
For the same reasons, the Coast Guard finds that, under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Background and Purpose
The Coast Guard is establishing a temporary safety zone on the
waters of Tacoma Narrows, Washington, for the New Tacoma Narrows Bridge
construction project. The Coast Guard has determined it is necessary to
restrict access to the certain waters under the West Span in order to
safeguard people and property from hazards associated with the presence
of construction vessels and equipment in that area. These safety
hazards include, but are not limited to, hazards to navigation,
collisions with mooring cables, and collisions with work vessels and
barges.
Discussion of Rule
The Coast Guard is adopting a temporary safety zone regulation on
the waters of Tacoma Narrows, Washington, for the New Tacoma Narrows
Bridge construction project. The Coast Guard has determined it is
necessary to restrict access to the waters within 500 feet of the
construction barge ``MARMACK'', in order to safeguard people and
property from hazards associated with navigating in the vicinity of
moving construction equipment. These safety hazards include, but are
not limited to, hazards to navigation, collisions with the barge or its
cargo, and disturbance of the load on the barge, which could fall or
shift, injuring anyone in the vicinity. The Coast Guard, through this
action, intends to promote the safety of personnel, vessels, and
facilities in the area. Entry into this zone will be prohibited unless
authorized by the Captain of the Port or his representative. This
safety zone will be enforced by Coast Guard personnel. The Captain of
the Port may be assisted by other federal, state, or local agencies.
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.
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
expectation is based on the fact that the regulated area established by
this regulation would encompass a small area that should not impact
commercial or recreational traffic. For the above reasons, the Coast
Guard does not anticipate any significant economic impact.
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.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
this portion of the Tacoma Narrows during the time this regulation is
in effect. The zone will not have a significant economic impact on a
substantial number of small entities due to its small area. Because the
impacts of this rule are expected to be so minimal, the Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
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. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the (FOR
FURTHER INFORMATION CONTACT) section. 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 temporary rule would call 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 temporary rule
under that Order and have determined that this rule does not have
implications for federalism under that Order.
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 State, local, or tribal government, in the
aggregate, or 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 temporary rule would 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 temporary rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian tribal governments,
because
[[Page 47454]]
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the federal government and Indian
tribes, or on the distribution of power and responsibilities between
the federal government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. 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 M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of 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. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' will be available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 12 a.m. (PST) June 19, 2006 to 12 a.m. (PST) November 16, 2006,
add temporary Sec. 165.T13-026 to read as follows:
Sec. 165.T13-026 Safety Zone: New Tacoma Narrows Bridge Construction
Project, Construction Barge ``MARMACK 12'' Tacoma Narrows, Gig Harbor,
WA.
(a) Location. The following is a safety zone: All waters of the
Tacoma Narrows, Washington State, from surface to bottom, within 500
feet of the construction barge ``MARMACK 12'', official number 1024657.
(b) Regulations. In accordance with the general regulations in
Section 165.23 of this part, no person or vessel may enter or remain in
the zone except for those persons involved in the construction of the
new Tacoma Narrows Bridge, supporting personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives. Vessels and persons granted authorization to enter the
safety zone shall obey all lawful orders or directions of the Captain
of the Port or his designated representative.
(c) Effective period. This section is effective from 12 a.m. (PST)
June 19, 2006 to 12 a.m. (PST) November 16, 2006, unless sooner
cancelled or extended by the Captain of the Port.
Dated: June 15, 2006.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. E6-13563 Filed 8-16-06; 8:45 am]
BILLING CODE 4910-15-P
