Safety Zone: Fireworks Display, Trent River, New Bern, NC, 53627-53629 [06-7601]
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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules
Issued at Washington, DC, this 6th day of
September 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 06–7584 Filed 9–7–06; 9:37 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
this rulemaking CGD05–06–092,
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may charge
this proposed rule in view of them.
33 CFR Part 165
Public Meeting
[CGD05–06–092]
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander,
Sector North Carolina at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
RIN 1625–AA00
Safety Zone: Fireworks Display, Trent
River, New Bern, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes the
establishment of a 1000 foot safety zone
around a fireworks display for the North
Carolina Parks and Recreation
Conference occurring on November 12,
2006, on the Trent River, New Bern, NC.
This action is intended to restrict vessel
traffic on the Trent River. This safety
zone is necessary to protect mariners
from the hazards associated with
fireworks displays.
DATES: Comments and related material
must reach the Coast Guard on or before
October 12, 2006.
ADDRESSES: You may mail comments
and related material to Commander,
Coast Guard Sector North Carolina, 2301
East Fort Macon Road, Atlantic Beach,
NC 28512. Sector North Carolina
maintains the public docket for this
rulemaking. Comments and material
received from the public. As well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
the Federal Building Fifth Coast Guard
District between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT:
CWO Christopher Humphrey,
Prevention Department, Coast Guard
Sector North Carolina, at (252) 247–
4525.
sroberts on PROD1PC70 with PROPOSALS
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
VerDate Aug<31>2005
16:12 Sep 11, 2006
Jkt 208001
Background and Purpose
On November 12, 2006, the North
Carolina Parks and Recreation
Conference fireworks display will be
held adjacent to the Trent River, New
Bern, NC. Spectators will be observing
from both the shore and from vessels.
Due to the need of protection of
mariners and spectators from the
hazards associated with the fireworks
display, vessel traffic will be
temporarily restricted.
Discussion of Proposed Rule
The Coast Guard is establishing a
safety zone on specified waters of the
Trent River. The regulated area will
consist of a 1000 foot safety zone around
a fireworks display from the southern
shore of the City of New Bern, NC. The
safety zone will be enforced from 6 p.m.
to 8 p.m. on November 12, 2006.
General navigation in the safety zone
will be restricted during the event.
Except for participants and vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
Regulatory Evaluation
This proposed 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
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Fmt 4702
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53627
Department of Homeland Security
(DHS).
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. Although this
regulation restricts access to the
regulated area, the effect of this rule will
not be significant because: (i) The COTP
may authorize access to the safety zone;
(ii) the safety zone will be in effect for
a limited duration; and (iii) the Coast
Guard will make notifications via
maritime advisories so mariners can
adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This rule will affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to transit or anchor in
that portion of the Trent River from 6
p.m. to 8 p.m. on November 12, 2006.
The safety zone will not have a
significant impact on a substantial
number of small entities, because the
zone will only be in place for a few
hours and maritime advisories will be
issued, so the mariners can adjust their
plans accordingly. 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 economically affect it.
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 proposed 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
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53628
Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules
compliance, please contact CWO
Christopher Humphrey, Prevention
Department, Sector North Carolina, at
(252) 247–4525. The Coast Guard will
not retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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
The proposed 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.
sroberts on PROD1PC70 with PROPOSALS
Protection of Children
We have analyzed this proposed 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.
VerDate Aug<31>2005
16:12 Sep 11, 2006
Jkt 208001
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.1D and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have made a preliminary
determination that there are no factors
in this case that would limit the use of
a categorical exclusion under section
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Fmt 4702
Sfmt 4702
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 preliminary
‘‘Environmental Analysis Check List’’ is
available in the docket where indicated
under ADDRESSES. Comments on this
section will be considered before we
make a final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting & record keeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 subpart C as
follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add Temporary § 165.T05–092, to
read as follows:
§ 165.T05–092 Safety Zone: Trent River,
New Bern, North Carolina.
(a) Location: The following area is a
safety zone: All waters of the Trent
River within 1000 feet of the fireworks
display at New Bern, NC, approximate
position 35–00–15N 077–02–39W in the
Captain of the Port, Sector North
Carolina zone as defined in 33 CFR
3.25–20.
(b) Definition: As used in this section;
designated representative: means any
U.S. Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port,
Sector North Carolina to act on his
behalf.
(c) Regulation: (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Sector North Carolina, NC, or
designated representative.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall: (i) Stop the vessel immediately
upon being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules
on board a vessel displaying a U.S.
Coast Guard Ensign.
(3) The Captain of the Port, Coast
Guard Sector North Carolina Prevention
Department, Morehead City, North
Carolina can be contacted at telephone
number (252) 247–4570 or (252) 247–
4520.
(4) Coast Guard vessels enforcing the
safety zone can be contacted on VHF–
FM marine band radio, channel 13
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period: This
regulation will be enforced from 6 p.m.
to 8 p.m. on November 12, 2006.
Dated: August 29, 2006.
William D. Lee,
Captain, U.S. Coast Guard, Captain of the
Port, Sector North Carolina.
[FR Doc. 06–7601 Filed 9–11–06; 8:45am]
BILLING CODE 4910–15–M
Coast Guard
33 CFR Part 165
[USCG–2006–25767; CGD09–06–123]
RIN 1625–AA00
Safety Zones; U.S. Coast Guard Water
Training Areas, Great Lakes
Coast Guard, DHS.
Re-opening of comment period.
AGENCY:
sroberts on PROD1PC70 with PROPOSALS
SUMMARY: In response to public
requests, the Coast Guard is re-opening
the comment period on its notice of
proposed rulemaking (NPRM) to
establish permanent safety zones
throughout the Great Lakes to conduct
live fire gun exercises. These safety
zones are necessary to protect the public
from the hazards associated with the
firing of weapons and to ensure the
operational readiness of Coast Guard
personnel, cutters and small boats. Reopening the comment period will
provide the public more time to submit
comments and recommendations.
DATES: Comments and related materials
must reach the Coast Guard on or before
November 13, 2006.
ADDRESSES: To make sure your
comments and related material are not
entered more than once in the docket,
please submit them by only one of the
following means:
(1) By mail to the Docket Management
Facility (USCG–2006–2567), U.S.
Department of Transportation, room PL–
401, 400 SW., Washington, DC 20590–
0001.
VerDate Aug<31>2005
18:44 Sep 11, 2006
Jkt 208001
For
information on the NPRM provisions
contact Commander Gustav Wulfkuhle,
Enforcement Branch, Response
Division, Ninth Coast Guard District,
Cleveland, Ohio at 216–902–6091. For
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
(2) By delivery to room PL–401 on the
Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC
between 9 a.m. and 5 p.m. Monday
through Friday, except Federal
Holidays. The telephone number is 202–
366–9329.
(3) By fax to the Docket Management
Facility at 202–493–2251.
(4) Electronically through the Web
site for the Docket Management System
at https://dms.dot.gov.
The Docket Management Facility
maintains the public docket for the
rulemaking. Comments will become part
of this docket and will be available for
inspection or copying at room PL–401,
located on the Plaza level of the Nassif
Building at the same address between
10 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. You
may electronically access the public
docket on the Internet at https://
dms.dot.gov.
Background and Purpose
On August 1, 2006, the Coast Guard
published a notice of proposed
rulemaking (NPRM)(71 FR 43402) to
establish permanent safety zones
throughout the Great Lakes to conduct
live fire gun exercises. The initial
comment period for this NPRM ended
on August 31, 2006.
In response to public requests, the
Coast Guard is re-opening the comment
period on this NPRM. Re-opening the
comment period will provide the public
more time to submit comments and
recommendations.
In addition, the Coast Guard has
added a copy of the ‘‘Preliminary Health
Risk Assessment for Proposed U.S.
Coast Guard Weapons Training
Exercises’’ (January 2006) to the docket
in order to better inform the public that
the proposed training will pose no
elevated health or ecological risks in the
Great Lakes.
Request for Comments
The Coast Guard encourages you to
submit comments and related materials.
If you submit a comment, please include
your name and address, identify the
NPRM [USCG–2006–2567 (formerly
CGD09–06–123)]; published in the
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53629
Federal Register on August 1, 2006 (71
FR 43402) and indicate the specific
section of this document to which each
comment applies, and give the reason
for each comment. Please submit one
copy of all comments and attachments
in an unbound format, no larger than
81⁄2 by 11 inches, suitable for copying
and electronic filing to the DOT Docket
Management Facility at the address
under ADDRESSES. If you submit them by
mail and would like to know that they
reached the facility, please enclose a
stamped, self-addressed postcard or
envelope.
The Coast Guard will consider all
comments received during the comment
period. It may change the proposed
rules in view of the comments.
Dated: September 1, 2006.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. E6–15109 Filed 9–11–06; 8:45 am]
BILLING CODE 4910–15–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Parts 1193 and 1194
[Docket No. 2006–1]
Telecommunications Act Accessibility
Guidelines; Electronic and Information
Technology Accessibility Standards
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The Architectural and
Transportation Barriers Compliance
Board (Access Board) has established a
Telecommunications and Electronic and
Information Technology Advisory
Committee to assist it in revising and
updating accessibility guidelines for
telecommunications products and
accessibility standards for electronic
and information technology. This notice
announces the dates, time, and location
of the first Committee meeting, which
will be open to the public.
DATES: The meeting is scheduled for
September 27, 2006 (beginning at 1 p.m.
and ending at 5 p.m.), September 28,
2006 (beginning at 9 a.m. and ending at
5 p.m.) and September 29, 2006
(beginning at 9 a.m. and ending at 3:30
p.m.). Decisions with respect to future
meetings will be made at the first
meeting and from time to time
thereafter. Notices of future meetings
will be published in the Federal
Register.
E:\FR\FM\12SEP1.SGM
12SEP1
Agencies
[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Proposed Rules]
[Pages 53627-53629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7601]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-06-092]
RIN 1625-AA00
Safety Zone: Fireworks Display, Trent River, New Bern, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes the establishment of a 1000 foot
safety zone around a fireworks display for the North Carolina Parks and
Recreation Conference occurring on November 12, 2006, on the Trent
River, New Bern, NC. This action is intended to restrict vessel traffic
on the Trent River. This safety zone is necessary to protect mariners
from the hazards associated with fireworks displays.
DATES: Comments and related material must reach the Coast Guard on or
before October 12, 2006.
ADDRESSES: You may mail comments and related material to Commander,
Coast Guard Sector North Carolina, 2301 East Fort Macon Road, Atlantic
Beach, NC 28512. Sector North Carolina maintains the public docket for
this rulemaking. Comments and material received from the public. As
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the Federal Building Fifth Coast Guard
District between 9 a.m. and 2 p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Prevention
Department, Coast Guard Sector North Carolina, at (252) 247-4525.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-06-
092, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may charge this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Sector North Carolina at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
On November 12, 2006, the North Carolina Parks and Recreation
Conference fireworks display will be held adjacent to the Trent River,
New Bern, NC. Spectators will be observing from both the shore and from
vessels. Due to the need of protection of mariners and spectators from
the hazards associated with the fireworks display, vessel traffic will
be temporarily restricted.
Discussion of Proposed Rule
The Coast Guard is establishing a safety zone on specified waters
of the Trent River. The regulated area will consist of a 1000 foot
safety zone around a fireworks display from the southern shore of the
City of New Bern, NC. The safety zone will be enforced from 6 p.m. to 8
p.m. on November 12, 2006. General navigation in the safety zone will
be restricted during the event. Except for participants and vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this regulation
restricts access to the regulated area, the effect of this rule will
not be significant because: (i) The COTP may authorize access to the
safety zone; (ii) the safety zone will be in effect for a limited
duration; and (iii) the Coast Guard will make notifications via
maritime advisories so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in that portion of the Trent River from 6 p.m. to 8
p.m. on November 12, 2006. The safety zone will not have a significant
impact on a substantial number of small entities, because the zone will
only be in place for a few hours and maritime advisories will be
issued, so the mariners can adjust their plans accordingly. 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 economically affect it.
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 proposed 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
[[Page 53628]]
compliance, please contact CWO Christopher Humphrey, Prevention
Department, Sector North Carolina, at (252) 247-4525. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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
The proposed 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 proposed 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 proposed 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.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. A preliminary
``Environmental Analysis Check List'' is available in the docket where
indicated under ADDRESSES. Comments on this section will be considered
before we make a final decision on whether to categorically exclude
this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting & record
keeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 subpart C as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. Add Temporary Sec. 165.T05-092, to read as follows:
Sec. 165.T05-092 Safety Zone: Trent River, New Bern, North Carolina.
(a) Location: The following area is a safety zone: All waters of
the Trent River within 1000 feet of the fireworks display at New Bern,
NC, approximate position 35-00-15N 077-02-39W in the Captain of the
Port, Sector North Carolina zone as defined in 33 CFR 3.25-20.
(b) Definition: As used in this section; designated representative:
means any U.S. Coast Guard commissioned, warrant or petty officer who
has been authorized by the Captain of the Port, Sector North Carolina
to act on his behalf.
(c) Regulation: (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Sector North Carolina, NC, or
designated representative.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall: (i) Stop the vessel immediately upon being directed
to do so by any commissioned, warrant or petty officer on board a
vessel displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer
[[Page 53629]]
on board a vessel displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Coast Guard Sector North Carolina
Prevention Department, Morehead City, North Carolina can be contacted
at telephone number (252) 247-4570 or (252) 247-4520.
(4) Coast Guard vessels enforcing the safety zone can be contacted
on VHF-FM marine band radio, channel 13 (156.65 MHz) and channel 16
(156.8 MHz).
(d) Enforcement period: This regulation will be enforced from 6
p.m. to 8 p.m. on November 12, 2006.
Dated: August 29, 2006.
William D. Lee,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 06-7601 Filed 9-11-06; 8:45am]
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