Safety Zone: Fireworks Display, Motts Channel, Wrightsville Beach, NC, 67800-67802 [E6-19909]

Download as PDF 67800 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Rules and Regulations § 634.1 Executive Order 12988, Civil Justice Reform, to minimize litigation, to eliminate ambiguity, and to reduce burden. Executive Order 13045 (Protection of Children) The FHWA has analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This is not an economically significant action and does not concern an environmental risk to health or safety that might disproportionately affect children. Purpose. § 634.4 The purpose of the regulations in this part is to decrease the likelihood of worker fatalities or injuries caused by motor vehicles and construction vehicles and equipment while working within the right-of-way on Federal-aid highways. § 634.2 In consideration of the foregoing, the FHWA adds part 634 to Title 23, Code of Federal Regulations, as follows: PART 634—WORKER VISIBILITY § 634.3 Sec. 634.1 634.2 634.3 634.4 All workers within the right-of-way of a Federal-aid highway who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high-visibility safety apparel. This action will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. National Environmental Policy Act The agency has analyzed this proposed action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has determined that it will not have any effect on the quality of the environment. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 634 Design standards, Highways and roads, Incorporation by reference, Workers, Traffic regulations. Issued on: November 18, 2006. J. Richard Capka, Federal Highway Administrator. cprice-sewell on PROD1PC66 with RULES I Purpose. Definitions. Rule. Compliance date. Authority: 23 U.S.C. 101(a), 109(d), 114(a), 315, and 402(a); Sec. 1402 of Pub. L. 109–59; 23 CFR 1.32; and 49 CFR 1–48(b). VerDate Aug<31>2005 14:08 Nov 22, 2006 Jkt 211001 PO 00000 Rule. Frm 00018 Fmt 4700 [FR Doc. E6–19910 Filed 11–22–06; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Definitions. Close proximity means within the highway right-of-way on Federal-aid highways. High-visibility safety apparel means personal protective safety clothing that is intended to provide conspicuity during both daytime and nighttime usage, and that meets the Performance Class 2 or 3 requirements of the ANSI/ ISEA 107–2004 publication entitled ‘‘American National Standard for HighVisibility Safety Apparel and Headwear.’’ This publication is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51 and is on file at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741– 6030, or go to https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. It is available for inspection and copying at the Federal Highway Administration, 400 Seventh Street, SW., Room 4232, Washington, DC, 20590, as provided in 49 CFR Part 7. This publication is available for purchase from the International Safety Equipment Association (ISEA) at 1901 N. Moore Street, Suite 808, Arlington, VA 22209, https:// www.safetyequipment.org. Workers means people on foot whose duties place them within the right-ofway of a Federal-aid highway, such as highway construction and maintenance forces, survey crews, utility crews, responders to incidents within the highway right-of-way, and law enforcement personnel when directing traffic, investigating crashes, and handling lane closures, obstructed roadways, and disasters within the right-of-way of a Federal-aid highway. Executive Order 12630 (Taking of Private Property) Compliance date. States and other agencies shall comply with the provisions of this Part no later than November 24, 2008. Sfmt 4700 Coast Guard 33 CFR Part 165 [CGD05–06–106] RIN 1625–AA00 Safety Zone: Fireworks Display, Motts Channel, Wrightsville Beach, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a 1000 foot safety zone around a fireworks display for the North Carolina Holiday Flotilla occurring on November 25, 2006, on Motts Channel, Wrightsville Beach, NC. This action is intended to restrict vessel traffic on Motts Channel. This safety zone is necessary to protect mariners from the hazards associated with fireworks displays. This rule is effective from 6 p.m. to 8 p.m. on November 25, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05–06– 106 and are available for inspection or copying at the Coast Guard Marine Safety Unit Wilmington, North Carolina between 8 a.m. and 4 p.m., Monday through Friday, except Federal Holidays. DATES: FOR FURTHER INFORMATION CONTACT: LTJG Adam Schmid, Port Safety and Security Branch, Coast Guard Marine Safety Unit Wilmington, North Carolina at (910) 772–2217. 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. Any delay encountered in this regulation’s effective date by publishing a NPRM would be contrary to public interest since immediate action is needed to prevent traffic from transiting the waters in the vicinity of 34 deg-12′-17.0″ N 077 deg-48′-18.0″ W, the southeastern portion of Spoils Island in Motts E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Rules and Regulations Channel south of the Seapath Yacht Club, Wrightsville Beach, NC, in order to provide for the safety of life and property on navigable waters. Additionally, this temporary safety zone is only in effect from 6 p.m. to 8 p.m. on November 25, 2006 and should have minimal impact on vessel transits due to the fact that vessels can safely transit around the zone and that they are not precluded from using any portion of the waterway except the safety zone area itself. For the same reasons, Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Background and Purpose On November 25, 2006, the North Carolina Holiday Flotilla fireworks display will be held adjacent to Motts Channel, Wrightsville Beach, NC. Spectators will be observing from both the shore and from vessels. Due to the need for protection of mariners and spectators from the hazards associated with the fireworks display, vessel traffic in the vicinity of this event will be temporarily restricted as described herein. cprice-sewell on PROD1PC66 with RULES Discussion of Rule The Coast Guard is establishing a safety zone on specified waters of Motts Channel. The regulated area will consist of a 1000 foot safety zone centered on position 34 deg-12′-17.0″N 077 deg-48′18.0″W, in the vicinity of the southeastern portion of Spoils Island in Motts Channel south of the Seapath Yacht Club, Wrightsville Beach, NC. The safety zone will be in effect from 6 p.m. to 8 p.m. on November 25, 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 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 rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although this VerDate Aug<31>2005 14:08 Nov 22, 2006 Jkt 211001 67801 regulation restricts access to the regulated area, the effect of this rule will not be significant because: (i) The Captain of the Port (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 business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888– 734–3247). Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in the described portion of the Motts Channel from 6 p.m. to 8 p.m. on November 25, 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. Federalism 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 LTJG Adam Schmid, Port Safety and Security Branch, Coast Guard Marine Safety Unit, Wilmington, North Carolina at (910) 772–2217. 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 Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Collection of Information This rule will call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 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 E:\FR\FM\24NOR1.SGM 24NOR1 67802 Federal Register / Vol. 71, No. 226 / Friday, November 24, 2006 / Rules and Regulations 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. cprice-sewell on PROD1PC66 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 are 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 will 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’’ are available in the VerDate Aug<31>2005 14:08 Nov 22, 2006 Jkt 211001 docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 Subpart C as follows: (156.65 MHz) and channel 16 (156.8 MHz). (d) Effective Date: This regulation will be effective from 6 p.m. to 8 p.m. on November 25, 2006. Dated: October 27, 2006. Byron L. Black, Commander, U.S. Coast Guard, Captain of the Port, Cape Fear River, Wilmington, North Carolina. [FR Doc. E6–19909 Filed 11–22–06; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 4910–15–P 1. The authority citation for part 165 continues to read as follows: ENVIRONMENTAL PROTECTION AGENCY 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. Add Temporary § 165.T05–106, to read as follows: I § 165.T05–106 Safety Zone: Motts Channel, Wrightsville Beach, North Carolina. (a) Location. The following area is a safety zone: All waters of Motts Channel within 1000 feet of a point on Spoils Island at Wrightsville Beach, NC, located at position 34 deg-12′-17.0″ N 077 deg-48′-18.0″ W in the Captain of the Port Cape Fear River, Wilmington, 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, Cape Fear River, Wilmington, 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, Cape Fear River, Wilmington, North Carolina, 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 on board a vessel displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Cape Fear River, Wilmington, North Carolina can be contacted at telephone number (910) 772–2200 or (910) 512–5830. (4) Coast Guard vessels enforcing the safety zone can be contacted on VHF– FM marine band radio, channel 13 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 40 CFR Part 60 [EPA–HQ–OAR–2003–0156; FRL–8246–8] RIN 2060–AN95 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Environmental Protection Agency (EPA). ACTION: Direct final rule; technical correction. AGENCY: SUMMARY: EPA is taking direct final action to make a technical correction to the emission guidelines and new source performance standards (NSPS) for other solid waste incineration (OSWI) units. We are correcting the averaging time for measuring opacity. DATES: The direct final rule technical correction is effective on January 23, 2007 unless EPA receives significant material adverse comments by December 26, 2006. If EPA receives significant adverse comments, EPA will publish a timely withdrawal of the direct final rule in the Federal Register. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2003–0156, by one of the following methods: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. E-mail: Send your comments via electronic mail to a-and-rdocket@epa.gov, Attention Docket ID No. EPA–HQ–OAR–2003–0156. Mail: Send your comments to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA–HQ–OAR–2003– 0156. Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/ DC), EPA West Building, Room B108, 1301 Constitution Ave., NW., E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Rules and Regulations]
[Pages 67800-67802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19909]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-106]
RIN 1625-AA00


Safety Zone: Fireworks Display, Motts Channel, Wrightsville 
Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a 1000 foot safety zone around 
a fireworks display for the North Carolina Holiday Flotilla occurring 
on November 25, 2006, on Motts Channel, Wrightsville Beach, NC. This 
action is intended to restrict vessel traffic on Motts Channel. This 
safety zone is necessary to protect mariners from the hazards 
associated with fireworks displays.

DATES: This rule is effective from 6 p.m. to 8 p.m. on November 25, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-106 and are available for 
inspection or copying at the Coast Guard Marine Safety Unit Wilmington, 
North Carolina between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Adam Schmid, Port Safety and 
Security Branch, Coast Guard Marine Safety Unit Wilmington, North 
Carolina at (910) 772-2217.

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. Any delay encountered in this 
regulation's effective date by publishing a NPRM would be contrary to 
public interest since immediate action is needed to prevent traffic 
from transiting the waters in the vicinity of 34 deg-12'-17.0'' N 077 
deg-48'-18.0'' W, the southeastern portion of Spoils Island in Motts

[[Page 67801]]

Channel south of the Seapath Yacht Club, Wrightsville Beach, NC, in 
order to provide for the safety of life and property on navigable 
waters. Additionally, this temporary safety zone is only in effect from 
6 p.m. to 8 p.m. on November 25, 2006 and should have minimal impact on 
vessel transits due to the fact that vessels can safely transit around 
the zone and that they are not precluded from using any portion of the 
waterway except the safety zone area itself. For the same reasons, 
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register.

Background and Purpose

    On November 25, 2006, the North Carolina Holiday Flotilla fireworks 
display will be held adjacent to Motts Channel, Wrightsville Beach, NC. 
Spectators will be observing from both the shore and from vessels. Due 
to the need for protection of mariners and spectators from the hazards 
associated with the fireworks display, vessel traffic in the vicinity 
of this event will be temporarily restricted as described herein.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of Motts Channel. The regulated area will consist of a 1000 foot safety 
zone centered on position 34 deg-12'-17.0''N 077 deg-48'-18.0''W, in 
the vicinity of the southeastern portion of Spoils Island in Motts 
Channel south of the Seapath Yacht Club, Wrightsville Beach, NC. The 
safety zone will be in effect from 6 p.m. to 8 p.m. on November 25, 
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 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 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 Captain of the Port (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 rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: The owners and operators of vessels 
intending to transit or anchor in the described portion of the Motts 
Channel from 6 p.m. to 8 p.m. on November 25, 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.

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 LTJG Adam Schmid, Port Safety 
and Security Branch, Coast Guard Marine Safety Unit, Wilmington, North 
Carolina at (910) 772-2217.
    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 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 will 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 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

[[Page 67802]]

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 are 
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 will 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'' are 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, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 Subpart C 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. Add Temporary Sec.  165.T05-106, to read as follows:


Sec.  165.T05-106  Safety Zone: Motts Channel, Wrightsville Beach, 
North Carolina.

    (a) Location. The following area is a safety zone: All waters of 
Motts Channel within 1000 feet of a point on Spoils Island at 
Wrightsville Beach, NC, located at position 34 deg-12[min]-17.0[sec] N 
077 deg-48[min]-18.0[sec] W in the Captain of the Port Cape Fear River, 
Wilmington, 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, Cape Fear River, 
Wilmington, 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, Cape Fear River, Wilmington, 
North Carolina, 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 on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Cape Fear River, Wilmington, North 
Carolina can be contacted at telephone number (910) 772-2200 or (910) 
512-5830.
    (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) Effective Date: This regulation will be effective from 6 p.m. 
to 8 p.m. on November 25, 2006.

    Dated: October 27, 2006.
Byron L. Black,
Commander, U.S. Coast Guard, Captain of the Port, Cape Fear River, 
Wilmington, North Carolina.
[FR Doc. E6-19909 Filed 11-22-06; 8:45 am]
BILLING CODE 4910-15-P

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