Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 49993-49995 [E6-14071]
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
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. The Coast Guard expects a
large recreational boating fleet. For
safety concerns, it is in the public
interest to have a safety zone in place
for the event, since immediate action is
needed to protect mariners against
potential hazards associated with the
towing and turn-around of the historic
USS CONSTELLATION.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–062]
RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
AGENCY:
Background and Purpose
The Coast Guard is
establishing a temporary safety zone
upon certain waters of the Patapsco
River, Northwest Harbor, and Inner
Harbor during the movement of the
historic sloop-of-war USS
CONSTELLATION. This action is
necessary to provide for the safety of life
on navigable waters during the tow of
the vessel from its berth at the Inner
Harbor in Baltimore, Maryland, to a
point on the Patapsco River near the
Fort McHenry National Monument and
Historic Shrine in Baltimore, Maryland,
and return. This action will restrict
vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner
Harbor during the event.
DATES: This rule is effective from 2 p.m.
through 7 p.m. local time on September
8, 2006.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–06–062 and are available
for inspection or copying at
Commander, U. S. Coast Guard Sector
Baltimore, 2401 Hawkins Point Road,
Building 70, Waterways Management
Division, Baltimore, Maryland, 21226–
1791 between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, at Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674 or (410) 576–2693.
SUPPLEMENTARY INFORMATION:
The USS CONSTELLATION Museum
is planning to conduct a ‘‘turn-around’’
ceremony involving the sloop-of-war
USS CONSTELLATION in Baltimore,
Maryland on Friday, September 8, 2006.
Planned events include a three-hour,
round-trip tow of the CONSTELLATION
in the Port of Baltimore, with an
onboard salute with navy pattern
cannon while the historic vessel is
positioned off Fort McHenry National
Monument and Historic Site. The
historic Sloop-of-War USS
CONSTELLATION will be towed ‘‘dead
ship,’’ which means that the vessel will
be underway without the benefit of
mechanical or sail propulsion. The
return dead ship tow of the
CONSTELLATION to its berth in the
Inner Harbor is expected to occur
immediately upon execution of a tugassisted turn-around of the
CONSTELLATION on the Patapsco
River near Fort McHenry. The Coast
Guard anticipates a large recreational
boating fleet during this event,
scheduled on a late Friday afternoon
during the summer in Baltimore,
Maryland. Operators should expect
significant vessel congestion along the
planned route.
The purpose of this rule is to promote
maritime safety and protect participants
and the boating public in the Port of
Baltimore immediately prior to, during,
and after the scheduled event. The rule
will provide for a clear transit route for
the participating vessels, and provide a
safety buffer around the participating
vessels while they are in transit. The
rule will impact the movement of all
vessels operating upon certain waters of
the Patapsco River, Northwest Harbor
and Inner Harbor.
Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY:
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Regulatory Information
On June 22, 2006, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD’’ in the Federal Register
(71 FR 35854). We received no letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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15:14 Aug 23, 2006
Jkt 208001
Discussion of Comments and Changes
The Coast Guard received no
comments on the proposed rule during
the comment period published in the
NPRM. No public meeting was
requested and none was held. As a
result, no change to the proposed
regulatory text was made.
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49993
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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to operate, remain or
anchor within certain waters of the
Patapsco River, Northwest Harbor and
Inner Harbor, in Baltimore, Maryland,
from 2 p.m. through 7 p.m. on
September 8, 2006. Because the zone is
of limited size and duration, it is
expected that there will be minimal
disruption to the maritime community.
Before the effective period, the Coast
Guard will issue maritime advisories
widely available to users of the river
and harbors to allow mariners to make
alternative plans for transiting the
affected areas. In addition, smaller
vessels not constrained by their draft,
which are more likely to be small
entities, may transit around the safety
zone.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offered to assist small entities
in understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. However, we received no
requests for assistance from any small
entities.
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
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49994
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
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.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
rmajette on PROD1PC67 with RULES1
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
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 create 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
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15:14 Aug 23, 2006
Jkt 208001
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
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
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.
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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.
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, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T05–062 to read as
follows:
§ 165.T05–062 Safety Zone; Patapsco
River, Northwest and Inner Harbors,
Baltimore, MD.
(a) Definitions. For the purposes of
this section:
(1) Captain of the Port, Baltimore,
Maryland means the Commander, Coast
Guard Sector Baltimore or any Coast
Guard commissioned, warrant, or petty
officer who has been authorized by the
Captain of the Port, Baltimore, Maryland
to act on his or her behalf.
(2) USS CONSTELLATION ‘‘turnaround’’ participants means the USS
CONSTELLATION, its support craft and
the accompanying towing vessels.
(b) Location. The following area is a
moving safety zone: all waters from
surface to bottom within 200 yards
ahead, 100 yards outboard, and 100
yards aft of the historic Sloop-of-War
USS CONSTELLATION, while
operating in the Inner Harbor, the
Northwest Harbor or the Patapsco River.
(c) Regulations. (1) The general
regulations governing safety zones,
found in § 165.23, apply to the safety
zone described in paragraph (b) of this
section.
(2) With the exception of USS
CONSTELLATION ‘‘turn-around’’
participants, entry into or remaining in
this zone is prohibited, unless
authorized by the Captain of the Port,
Baltimore, Maryland.
(3) Persons or vessels requiring entry
into or passage through the moving
safety zone must first request
authorization from the Captain of the
Port, Baltimore, Maryland to seek
permission to transit the area. The
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
Captain of the Port, Baltimore, Maryland
can be contacted at telephone number
(410) 576–2693. The Coast Guard
vessels enforcing this section can be
contacted on Marine Band Radio VHF
Channel 16 (156.8 MHz). Upon being
hailed by a U.S. Coast Guard vessel by
siren, radio, flashing light, or other
means, the person or vessel shall
proceed as directed. If permission is
granted, all persons or vessels must
comply with the instructions of the
Captain of the Port, Baltimore,
Maryland, and proceed at the minimum
speed necessary to maintain a safe
course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State and local agencies.
(e) Effective period. This section will
be enforced from 2 p.m. through 7 p.m.
local time on September 8, 2006.
Dated: August 11, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Baltimore, Maryland.
[FR Doc. E6–14071 Filed 8–23–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–06–108]
RIN 1625–AA00
Safety Zone; Blasting Operations,
Demolition of Mattabassett Outfall,
Connecticut River, Cromwell, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the demolition of the Mattabassett
Outfall from August 9, 2006 through
August 30, 2006 in the waters of the
Connecticut River off Cromwell, CT.
The zone will temporarily close all
waters in the vicinity of the Mattabessett
Outfall within a three hundred (300)
yard radius of the blasting operations.
This temporary safety zone is necessary
to protect the maritime community
transiting the area from the potential
safety hazards associated with
demolition and blasting operations. The
safety zone temporarily prohibits entry
into or movement within this portion of
the Connecticut River during the closure
period, unless authorized by the Captain
of the Port (COTP), Long Island Sound
or the COTP’s designated representative.
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15:14 Aug 23, 2006
Jkt 208001
This rule is effective from 7 a.m.
EDT August 9, 2006 through 6 p.m. EDT
on August 30, 2006.
DATES:
Documents indicated in this
preamble as being available in the
docket, are part of docket CGD01–06–
108 and will be available for inspection
or copying at Sector Long Island Sound,
New Haven, CT, between 9 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade D. Miller,
Chief, Waterways Management Division,
Coast Guard Sector Long Island Sound
at (203) 468–4596.
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 because the
logistics of the blasting operations were
not presented to the Coast Guard with
sufficient time to draft and publish an
NPRM. Any delay encountered in this
regulation’s effective date would be
contrary to the public interest since the
safety zone is needed to prevent traffic
from transiting a portion of the
Connecticut River during the blasting
operations and to provide for the safety
of life on navigable waters.
For the same reasons, the Coast Guard
finds, under 5 U.S.C. 553(d)(3), that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. The
zone should have a minimal negative
impact on the public and navigation as
it will only be enforced for short periods
of time during the actual blasting
operations and not enforced during the
entire effective period, allowing vessels
to safely transit the Connecticut River
off Cromwell, CT.
Background and Purpose
The Mattabassett Outfall located in
Cromwell, CT, is currently being
demolished. When detonated, spread of
the debris will be minimized by blast
matting. The blasting and demolition
activities have been approved by the
Connecticut Department of
Environmental Protection. This blasting
will also require a Coast Guard
explosives handling permit in
accordance with 49 CFR 176 as the
explosives being used are being loaded
onto vessels prior to being placed on the
respective piers. The loading of
explosives onto vessels will be
monitored by Coast Guard personnel.
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49995
Discussion of Rule
This regulation establishes a
temporary safety zone on the waters of
the Connecticut River, off Cromwell,
CT, within a 300-yard radius of the
blasting operations being conducted at
the Mattabassett Outfall.
This action is intended to prohibit
vessel traffic in a portion of the
Connecticut River of Cromwell, CT, and
to provide for the protection of life and
property of the maritime public. The
safety zone will be enforced for
relatively short periods of time during
the actual blasting operations.
Therefore, the zone will not be enforced
during the entire effective period from
7 a.m. EDT August 9, 2006 through 6
p.m. EDT on August 30, 2006. Marine
traffic may transit safely through the
safety zone during the period when
blasting operations are not underway.
All blasting operations shall be
preceded 5 minutes before the blast by
3 whistles; an additional 2 whistles will
be given 1 minute prior to the blast with
a final single whistle after the blast
indicating the ‘‘all clear.’’
The Captain of the Port anticipates
minimal negative impact on vessel
traffic as the safety zone will only be
enforced for short periods of time
during the actual blasting operations
and not enforced during the entire
effective period. Public notifications
will be made prior to the effective
period via local notice to mariners and
marine information broadcasts.
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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This rule will have minimal impact on
the public for the following reasons:
This zone covers only a small portion of
the waters of the Connecticut River, and
there is no impact on commercial
vessels. Additionally, the safety zone
will only be enforced for relatively short
periods during blasting operations.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. The term
‘‘small entities’’ comprises small
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]]>Agencies
[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Pages 49993-49995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14071]
[[Page 49993]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-062]
RIN 1625-AA00
Safety Zone; Patapsco River, Northwest and Inner Harbors,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone upon
certain waters of the Patapsco River, Northwest Harbor, and Inner
Harbor during the movement of the historic sloop-of-war USS
CONSTELLATION. This action is necessary to provide for the safety of
life on navigable waters during the tow of the vessel from its berth at
the Inner Harbor in Baltimore, Maryland, to a point on the Patapsco
River near the Fort McHenry National Monument and Historic Shrine in
Baltimore, Maryland, and return. This action will restrict vessel
traffic in portions of the Patapsco River, Northwest Harbor, and Inner
Harbor during the event.
DATES: This rule is effective from 2 p.m. through 7 p.m. local time on
September 8, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-062 and are available for inspection or
copying at Commander, U. S. Coast Guard Sector Baltimore, 2401 Hawkins
Point Road, Building 70, Waterways Management Division, Baltimore,
Maryland, 21226-1791 between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 22, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD'' in the Federal Register (71 FR 35854). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
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. The Coast Guard expects a large
recreational boating fleet. For safety concerns, it is in the public
interest to have a safety zone in place for the event, since immediate
action is needed to protect mariners against potential hazards
associated with the towing and turn-around of the historic USS
CONSTELLATION.
Background and Purpose
The USS CONSTELLATION Museum is planning to conduct a ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in
Baltimore, Maryland on Friday, September 8, 2006. Planned events
include a three-hour, round-trip tow of the CONSTELLATION in the Port
of Baltimore, with an onboard salute with navy pattern cannon while the
historic vessel is positioned off Fort McHenry National Monument and
Historic Site. The historic Sloop-of-War USS CONSTELLATION will be
towed ``dead ship,'' which means that the vessel will be underway
without the benefit of mechanical or sail propulsion. The return dead
ship tow of the CONSTELLATION to its berth in the Inner Harbor is
expected to occur immediately upon execution of a tug-assisted turn-
around of the CONSTELLATION on the Patapsco River near Fort McHenry.
The Coast Guard anticipates a large recreational boating fleet during
this event, scheduled on a late Friday afternoon during the summer in
Baltimore, Maryland. Operators should expect significant vessel
congestion along the planned route.
The purpose of this rule is to promote maritime safety and protect
participants and the boating public in the Port of Baltimore
immediately prior to, during, and after the scheduled event. The rule
will provide for a clear transit route for the participating vessels,
and provide a safety buffer around the participating vessels while they
are in transit. The rule will impact the movement of all vessels
operating upon certain waters of the Patapsco River, Northwest Harbor
and Inner Harbor.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rule during
the comment period published in the NPRM. No public meeting was
requested and none was held. As a result, no change to the proposed
regulatory text was made.
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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to operate, remain or anchor within certain waters of the Patapsco
River, Northwest Harbor and Inner Harbor, in Baltimore, Maryland, from
2 p.m. through 7 p.m. on September 8, 2006. Because the zone is of
limited size and duration, it is expected that there will be minimal
disruption to the maritime community. Before the effective period, the
Coast Guard will issue maritime advisories widely available to users of
the river and harbors to allow mariners to make alternative plans for
transiting the affected areas. In addition, smaller vessels not
constrained by their draft, which are more likely to be small entities,
may transit around the safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. However,
we received no requests for assistance from any small entities.
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
[[Page 49994]]
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. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
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 create 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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling 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
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-062 to read as follows:
Sec. 165.T05-062 Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.
(a) Definitions. For the purposes of this section:
(1) Captain of the Port, Baltimore, Maryland means the Commander,
Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant,
or petty officer who has been authorized by the Captain of the Port,
Baltimore, Maryland to act on his or her behalf.
(2) USS CONSTELLATION ``turn-around'' participants means the USS
CONSTELLATION, its support craft and the accompanying towing vessels.
(b) Location. The following area is a moving safety zone: all
waters from surface to bottom within 200 yards ahead, 100 yards
outboard, and 100 yards aft of the historic Sloop-of-War USS
CONSTELLATION, while operating in the Inner Harbor, the Northwest
Harbor or the Patapsco River.
(c) Regulations. (1) The general regulations governing safety
zones, found in Sec. 165.23, apply to the safety zone described in
paragraph (b) of this section.
(2) With the exception of USS CONSTELLATION ``turn-around''
participants, entry into or remaining in this zone is prohibited,
unless authorized by the Captain of the Port, Baltimore, Maryland.
(3) Persons or vessels requiring entry into or passage through the
moving safety zone must first request authorization from the Captain of
the Port, Baltimore, Maryland to seek permission to transit the area.
The
[[Page 49995]]
Captain of the Port, Baltimore, Maryland can be contacted at telephone
number (410) 576-2693. The Coast Guard vessels enforcing this section
can be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard vessel by siren, radio, flashing
light, or other means, the person or vessel shall proceed as directed.
If permission is granted, all persons or vessels must comply with the
instructions of the Captain of the Port, Baltimore, Maryland, and
proceed at the minimum speed necessary to maintain a safe course while
within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(e) Effective period. This section will be enforced from 2 p.m.
through 7 p.m. local time on September 8, 2006.
Dated: August 11, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. E6-14071 Filed 8-23-06; 8:45 am]
BILLING CODE 4910-15-P
