Security Zone; Waters Surrounding U.S. Forces Vessel SBX-1, HI, 69484-69486 [E6-20355]

Download as PDF 69484 * Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Rules and Regulations * * * * Dated: October 24, 2006. Sandra L. Pack, Assistant Secretary for Management and Chief Financial Officer. [FR Doc. E6–20384 Filed 11–30–06; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP Honolulu 06–008] RIN 1625–AA87 Security Zone; Waters Surrounding U.S. Forces Vessel SBX–1, HI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary 500-yard moving security zone around the U.S. Forces vessel SBX–1 during transit within the Honolulu Captain of the Port Zone. This security zone is necessary to protect the SBX–1 from hazards associated with vessels and persons approaching too close during transit. Entry of persons or vessels into this temporary security zone is prohibited unless authorized by the Captain of the Port (COTP). DATES: This rule is effective from 12 a.m. (noon) (HST) on November 13, 2006, until 11:59 p.m. (HST) on December 3, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket COTP Honolulu 06–008 and are available for inspection or copying at Coast Guard Sector Honolulu between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Quincey Adams, U.S. Coast Guard Sector Honolulu at (808) 842–2600. SUPPLEMENTARY INFORMATION: rmajette on PROD1PC67 with RULES1 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. The Coast Guard was not given the final voyage plan in time to complete full notice-andcomment rulemaking procedures, rulemaking, and the need for this temporary security zone was not determined until less than 30 days VerDate Aug<31>2005 13:12 Nov 30, 2006 Jkt 211001 before the SBX–1 will require the protection provided by this rule. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the transit would occur before completion of the noticeand-comment rulemaking process, thereby jeopardizing the security of the people and property associated with the operation. 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 COTP finds this good cause to be the immediate need for a security zone to allay the waterborne security threats surrounding the SBX– 1’s transit. Background and Purpose On October 6, 2006, the SBX–1 entered the Honolulu Captain of the Port Zone and transited to Pearl Harbor, HI for repairs. On October 5, 2006, the Coast Guard issued a temporary final rule (COTP Honolulu 06–006; § 165.T14–148 Security zone; waters surrounding U.S. Forces vessel SBX–1, HI) to protect the vessel during transit. That rule expired at 6 p.m. on October 11, 2006, and is scheduled to be published with other temporary rules that expired before they could be published full-text in the Federal Register. Due to the unknown duration of repairs, the SBX–1’s actual departure date and time will not be known in advance. The Coast Guard is establishing this security zone to ensure that the vessel is protected during its upcoming departure from Pearl Harbor with as much public notice as possible. Discussion of Rule This temporary security zone is effective from 12 a.m. (noon) (HST) on November 13, 2006, until 11:59 p.m. (HST) on December 3, 2006. It is located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70–10) and covers all U.S. navigable waters extending 500 yards in all directions from the U.S. Forces vessel SBX–1, from the surface of the water to the ocean floor. The security zone moves with the SBX–1 while in transit. The security zone becomes fixed when the SBX–1 is anchored, position-keeping, or moored. The security zone will be activated and enforced for just a few days during its three-week effective period. A broadcast notice to mariners will be issued to notify the public of this activation and enforcement period as soon as possible. If the Coast Guard has at least 48 hours notice of the movement of the SBX–1, the broadcast notice to mariners will be published giving the public 48 hours notice of the enforcement period PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 commencement. From the 1 and 2 buoy for Pearl Harbor until it departs the COTP zone, SBX–1 is expected to have a Coast Guard escort. The general regulations governing security zones contained in 33 CFR 165.33 apply. Entering into, transiting through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. The Captain of the Port will cause notice of the enforcement of the security zone described in this section to be made by broadcast notice to mariners. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce the zone. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the security zone is unnecessary or impractical for the purpose of maritime security. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under § 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under § 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). The Coast Guard expects 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. This expectation is based on the limited duration of the zone, the limited geographic area affected by it, and its ability to move with the protected vessel. 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 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. We E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Rules and Regulations expect that there will be little or no impact to small entities due to the narrowly tailored scope of this security zone. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and either preempts State law or imposes 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. rmajette on PROD1PC67 with RULES1 Taking of Private Property This rule 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. VerDate Aug<31>2005 13:12 Nov 30, 2006 Jkt 211001 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. 69485 This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, under figure 2–1, paragraph (34)(g) of the Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. List of Subjects 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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 is 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. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T14–150 to read as follows: I § 165.T14–150 Security zone; waters surrounding U.S. Forces vessel SBX–1, HI. (a) Location. The following area, in U.S. navigable waters within the Honolulu Captain of the Port Zone (see 33 CFR 3.70–10), from the surface of the water to the ocean floor, is a security zone: All waters extending 500 yards in all directions from U.S. Forces vessel SBX–1. The security zone moves with the SBX–1 while it is in transit and becomes fixed when the SBX–1 is anchored, position-keeping, or moored. (b) Effective period. This security zone is effective from 12 a.m. (noon) (HST) on November 13, 2006, until 11:59 p.m. (HST) on December 3, 2006. (c) Regulations. The general regulations governing security zones contained in 33 CFR 165.33 apply. Entering into, transiting through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. E:\FR\FM\01DER1.SGM 01DER1 69486 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Rules and Regulations (d) Enforcement. The Coast Guard will begin enforcement of the security zone described in this section upon the SBX–1’s departure from Pearl Harbor, HI. (e) Informational notice. The Captain of the Port of Honolulu will cause notice of the enforcement of the security zone described in this section to be made by broadcast notice to mariners. (f) Authority to enforce. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce this temporary security zone. (g) Waiver. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the security zone is unnecessary or impractical for the purpose of maritime security. (h) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: November 3, 2006. V. B. Atkins, Captain, U.S. Coast Guard, Captain of the Port, Honolulu. [FR Doc. E6–20355 Filed 11–30–06; 8:45 am] BILLING CODE 4910–15–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 253 [Docket No. 2006–2 CRB NCBRA] Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities Copyright Royalty Board, Library of Congress. ACTION: Final rule. AGENCY: The Copyright Royalty Judges, on behalf of the Copyright Royalty Board of the Library of Congress, announce a cost of living adjustment of 1.3% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions in the ASCAP, BMI and SESAC repertoires. The cost of living adjustment is based on the change in the Consumer Price Index from October 2005 to October 2006. EFFECTIVE DATE: January 1, 2007. FOR FURTHER INFORMATION CONTACT: Gina Giuffreda, Attorney Advisor, or Abioye rmajette on PROD1PC67 with RULES1 SUMMARY: VerDate Aug<31>2005 13:12 Nov 30, 2006 Jkt 211001 E. Oyewole, CRB Program Specialist. Telephone: (202) 707–7658. Telefax: (202) 252–3423. SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, 17 U.S.C., creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. Terms and rates for this compulsory license, applicable to parties who are not subject to privately negotiated licenses, are published in 37 CFR part 253 and are subject to adjustment at five-year intervals. 17 U.S.C. 118(c). The most recent proceeding to consider the terms and rates for the section 118 license occurred in 2002. 67 FR 15414 (April 1, 2002). Final regulations governing the terms and rates of copyright royalty payments with respect to certain uses by public broadcasting entities of published nondramatic musical works, and published pictorial, graphic, and sculptural works for the license period beginning January 1, 2003, and ending December 31, 2007, were published in the Federal Register on December 17, 2002. 67 FR 77170 (December 17, 2002). Pursuant to these regulations, on December 1 of each year, the Librarian shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published prior to the previous notice, to the most recent Index published prior to December 1 of that year. 37 CFR 253.10(a). The regulations also require that the Librarian publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertoires by public broadcasting entities licensed to colleges and universities, reflecting the change in the Consumer Price Index. 37 CFR 253.10(b). Accordingly, the Copyright Royalty Judges, on behalf of the Copyright Royalty Board of the Library of Congress, are hereby announcing the change in the Consumer Price Index and performing the annual cost of living adjustment to the rates set out in § 253.5(c). The change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published before December 1, 2005, to the most recent Index published before December 1, 2006, is 1.3% (2005’s figure was 199.2; the figure for 2006 is 201.8, based on 1982–1984 = 100 as a reference base). Rounding off to the nearest dollar, the royalty rates for the use of musical PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 compositions in the repertoires of ASCAP, BMI, and SESAC are $277, $277, and $90, respectively. List of Subjects in 37 CFR Part 253 Copyright, Radio, Television. Final Regulations For the reasons set forth in the preamble, part 253 of title 37 of the Code of Federal Regulations is amended as follows: I PART 253–USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING 1. The authority citation for part 253 continues to read as follows: I Authority: 17 U.S.C. 118, 801(b)(1) and 803. 2. Section 253.5 is amended by revising paragraphs (c)(1) through (c)(3) as follows: I § 253.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (1) For all such compositions in the repertory of ASCAP, $277 annually. (2) For all such compositions in the repertory of BMI, $277 annually. (3) For all such compositions in the repertory of SESAC, $90 annually. * * * * * Dated: November 22, 2006. James Scott Sledge, Chief Copyright Royalty Judge, Copyright Royalty Board. [FR Doc. E6–20110 Filed 11–30–06; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2006–0728; FRL–8249–7] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Emission Reductions to Meet Phase II of the Nitrogen Oxides (NOX) SIP Call; Correction Environmental Protection Agency (EPA). ACTION: Direct final rule; correcting amendment. AGENCY: SUMMARY: This document corrects an error in the rule language of a final rule pertaining to EPA’s direct final action to E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Rules and Regulations]
[Pages 69484-69486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20355]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Honolulu 06-008]
RIN 1625-AA87


Security Zone; Waters Surrounding U.S. Forces Vessel SBX-1, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 500-yard moving 
security zone around the U.S. Forces vessel SBX-1 during transit within 
the Honolulu Captain of the Port Zone. This security zone is necessary 
to protect the SBX-1 from hazards associated with vessels and persons 
approaching too close during transit. Entry of persons or vessels into 
this temporary security zone is prohibited unless authorized by the 
Captain of the Port (COTP).

DATES: This rule is effective from 12 a.m. (noon) (HST) on November 13, 
2006, until 11:59 p.m. (HST) on December 3, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Honolulu 06-008 and are available 
for inspection or copying at Coast Guard Sector Honolulu between 7 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Quincey 
Adams, U.S. Coast Guard Sector Honolulu at (808) 842-2600.

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. The Coast Guard was not given 
the final voyage plan in time to complete full notice-and-comment 
rulemaking procedures, rulemaking, and the need for this temporary 
security zone was not determined until less than 30 days before the 
SBX-1 will require the protection provided by this rule. Publishing an 
NPRM and delaying the effective date would be contrary to the public 
interest since the transit would occur before completion of the notice-
and-comment rulemaking process, thereby jeopardizing the security of 
the people and property associated with the operation. 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 COTP finds this good cause to be the immediate need for a 
security zone to allay the waterborne security threats surrounding the 
SBX-1's transit.

Background and Purpose

    On October 6, 2006, the SBX-1 entered the Honolulu Captain of the 
Port Zone and transited to Pearl Harbor, HI for repairs. On October 5, 
2006, the Coast Guard issued a temporary final rule (COTP Honolulu 06-
006; Sec.  165.T14-148 Security zone; waters surrounding U.S. Forces 
vessel SBX-1, HI) to protect the vessel during transit. That rule 
expired at 6 p.m. on October 11, 2006, and is scheduled to be published 
with other temporary rules that expired before they could be published 
full-text in the Federal Register. Due to the unknown duration of 
repairs, the SBX-1's actual departure date and time will not be known 
in advance. The Coast Guard is establishing this security zone to 
ensure that the vessel is protected during its upcoming departure from 
Pearl Harbor with as much public notice as possible.

Discussion of Rule

    This temporary security zone is effective from 12 a.m. (noon) (HST) 
on November 13, 2006, until 11:59 p.m. (HST) on December 3, 2006. It is 
located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-
10) and covers all U.S. navigable waters extending 500 yards in all 
directions from the U.S. Forces vessel SBX-1, from the surface of the 
water to the ocean floor. The security zone moves with the SBX-1 while 
in transit. The security zone becomes fixed when the SBX-1 is anchored, 
position-keeping, or moored. The security zone will be activated and 
enforced for just a few days during its three-week effective period. A 
broadcast notice to mariners will be issued to notify the public of 
this activation and enforcement period as soon as possible. If the 
Coast Guard has at least 48 hours notice of the movement of the SBX-1, 
the broadcast notice to mariners will be published giving the public 48 
hours notice of the enforcement period commencement. From the 1 and 2 
buoy for Pearl Harbor until it departs the COTP zone, SBX-1 is expected 
to have a Coast Guard escort.
    The general regulations governing security zones contained in 33 
CFR 165.33 apply. Entering into, transiting through, or anchoring 
within this zone is prohibited unless authorized by the Captain of the 
Port or a designated representative thereof. The Captain of the Port 
will cause notice of the enforcement of the security zone described in 
this section to be made by broadcast notice to mariners. Any Coast 
Guard commissioned, warrant, or petty officer, and any other Captain of 
the Port representative permitted by law, may enforce the zone. The 
Captain of the Port may waive any of the requirements of this rule for 
any person, vessel, or class of vessel upon finding that application of 
the security zone is unnecessary or impractical for the purpose of 
maritime security. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under Sec.  
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under Sec.  
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).
    The Coast Guard expects 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. This expectation is based on the 
limited duration of the zone, the limited geographic area affected by 
it, and its ability to move with the protected vessel.

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 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. We

[[Page 69485]]

expect that there will be little or no impact to small entities due to 
the narrowly tailored scope of this security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and either preempts State law or imposes 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule 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.

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 is inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation.

List of Subjects 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 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.T14-150 to read as follows:


Sec.  165.T14-150  Security zone; waters surrounding U.S. Forces vessel 
SBX-1, HI.

    (a) Location. The following area, in U.S. navigable waters within 
the Honolulu Captain of the Port Zone (see 33 CFR 3.70-10), from the 
surface of the water to the ocean floor, is a security zone: All waters 
extending 500 yards in all directions from U.S. Forces vessel SBX-1. 
The security zone moves with the SBX-1 while it is in transit and 
becomes fixed when the SBX-1 is anchored, position-keeping, or moored.
    (b) Effective period. This security zone is effective from 12 a.m. 
(noon) (HST) on November 13, 2006, until 11:59 p.m. (HST) on December 
3, 2006.
    (c) Regulations. The general regulations governing security zones 
contained in 33 CFR 165.33 apply. Entering into, transiting through, or 
anchoring within this zone is prohibited unless authorized by the 
Captain of the Port or a designated representative thereof.

[[Page 69486]]

    (d) Enforcement. The Coast Guard will begin enforcement of the 
security zone described in this section upon the SBX-1's departure from 
Pearl Harbor, HI.
    (e) Informational notice. The Captain of the Port of Honolulu will 
cause notice of the enforcement of the security zone described in this 
section to be made by broadcast notice to mariners.
    (f) Authority to enforce. Any Coast Guard commissioned, warrant, or 
petty officer, and any other Captain of the Port representative 
permitted by law, may enforce this temporary security zone.
    (g) Waiver. The Captain of the Port may waive any of the 
requirements of this rule for any person, vessel, or class of vessel 
upon finding that application of the security zone is unnecessary or 
impractical for the purpose of maritime security.
    (h) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: November 3, 2006.
V. B. Atkins,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
 [FR Doc. E6-20355 Filed 11-30-06; 8:45 am]
BILLING CODE 4910-15-P
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