Security Zones; Escorted Vessels in the Captain of the Port Jacksonville Zone, 78365-78368 [E6-22439]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
I
2. Add temporary § 165.T05–121 to
read as follows:
Technical Standards
§ 165.T05–121 Security Zone; Choptank
River, Cambridge, MD.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. This rule
establishes a security zone.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are available
in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Vessels, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
rmajette on PROD1PC72 with RULES
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.
VerDate Aug<31>2005
13:55 Dec 28, 2006
Jkt 211001
(a) Definitions. For the purposes of
this section, Captain of the Port
Baltimore means the Commander, U.S.
Coast Guard sector Baltimore, Maryland
and any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Commander, U.S.
Coast Guard Sector Baltimore, Maryland
to act as a designated representative on
his behalf.
(b) Location. The following area is a
security zone: All waters of the
Choptank River, within 500 yards of the
Hyatt Regency Chesapeake Bay Golf
Resort, Spa and Marina’s Breakwater
Pavilion, in approximate position
latitude 38° 33.76′ N longitude 076°
02.75′ W (North American Datum of
1983).
(c) Regulations. (1) The general
regulations governing security zones
found in § 165.33 of this part apply to
the security zone described in paragraph
(b) of this section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port
Baltimore or his designated
representative. Except for Public vessels
and vessels at berth, mooring or at
anchor, all vessels in this zone are to
depart the security zone.
(3) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Baltimore. To seek permission to
transit the area, the Captain of the Port
Baltimore can be contacted at telephone
number (410) 576–2693. The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or
other means, the operator of a vessel
shall proceed as directed. If permission
is granted, all persons and vessels must
comply with the instructions of the
Captain of the Port Baltimore and
proceed at the minimum speed
necessary to maintain a safe course
while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced from 7 a.m. on January
24, 2007, through 7 a.m. on January 27,
2007.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
78365
Dated: December 18, 2006.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E6–22441 Filed 12–28–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP JACKSONVILLE 06–276]
RIN 1625–AA87
Security Zones; Escorted Vessels in
the Captain of the Port Jacksonville
Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily establishing security zones
around any vessel escorted by one or
more Coast Guard, State, or local law
enforcement assets within the Captain
of the Port Zone Jacksonville, FL. No
vessel or person is allowed within 100
yards of an escorted vessel, while
within the navigable waters of the
Captain of the Port Zone, Jacksonville,
FL, unless authorized by the Captain of
the Port Jacksonville, FL or designated
representative. Additionally, all vessels
within 500 yards of an escorted vessel
in the Captain of the Port Zone
Jacksonville, FL will be required to
operate at a minimum speed necessary
to maintain a safe course. This action is
necessary to protect personnel, vessels,
and facilities from sabotage or other
subversive acts, accidents, or other
events of a similar nature while we
undertake a separate, notice-andcomment rulemaking to establish a
permanent security zone for escorted
vessels in the COTP Jacksonville Zone.
DATES: This rule is effective from
December 7, 2006, through April 1,
2007.
Documents indicated in this
preamble as being available in the
docket, are part of docket (COTP
Jacksonville 06–276) and are available
for inspection or copying at Coast Guard
Sector Jacksonville Prevention
Department, 7820 Arlington
Expressway, Suite 400, Jacksonville, FL
32211, between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention
ADDRESSES:
E:\FR\FM\29DER1.SGM
29DER1
78366
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
Department, Florida tel: (904) 232–2640,
ext. 108.
SUPPLEMENTARY INFORMATION:
rmajette on PROD1PC72 with RULES
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. Security
zones around escorted vessels are
necessary to ensure the safe transit of
the escorted vessels as well as the
public. Certain vessel movements are
more vulnerable to terrorist acts and it
would be contrary to the public interest
to publish an NPRM which would
incorporate a notice and comment
period that would delay the effective
date of this regulation.
For the same reasons and 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
The terrorist attacks of September
2001 heightened the need for
development of various security
measures throughout the seaports of the
United States, particularly around
vessels and facilities whose presence or
movement creates a heightened
vulnerability to terrorist acts; or those
for which the consequences of terrorist
acts represent a threat to national
security. Following the attacks of
September 11, 2001, the President of the
United States found the security of the
United States to be endangered (E.O.
13224, 66 FR 49079, September 25,
2001) and the President has continued
the national emergencies he declared in
2001 (71 FR 52733, September 7, 2006,
continuing the emergency declared with
respect to terrorist attacks; and 71 FR
55725, September 22, 2006, continuing
the emergency with respect to persons
who commit, threaten to commit or
support terrorism). Additionally,
national security and intelligence
officials continue to warn that future
terrorist attacks are likely.
King’s Bay, GA, and the Ports of
Jacksonville, FL, and Canaveral, FL,
receive vessels that carry sensitive
Department of Defense cargoes as well
as foreign naval vessels that require
additional safeguards. The Captain of
the Port (COTP) Jacksonville has
determined that these vessels have a
significant vulnerability to subversive
activity by vessels or persons within the
Jacksonville Captain of the Port Zone, as
described in 33 CFR 3.35–20. This rule
enables the COTP Jacksonville to
provide effective port security, while
minimizing the public’s confusion and
VerDate Aug<31>2005
13:55 Dec 28, 2006
Jkt 211001
ease the administrative burden of
implementing separate temporary
security zones for each escorted vessel.
In the near future, the Captain of the
Port Jacksoniville will publish a notice
of proposed rulemaking (NPRM) in the
Federal Register and seek comments on
a proposal to establish a permanent
security zone for escorted vessels in the
COTP Jacksonville Zone. While that
rulemaking is underway, this temporary
rule is necessary to continue to ensure
security for the Port.
Discussion of Rule
This rule prohibits persons and
vessels from coming within 100 yards of
all escorted vessels within the navigable
waters of the Captain of the Port Zone
Jacksonville, FL, as described in 33 CFR
3.35–20. No vessel or person may enter
within a 100 yard radius of an escorted
vessel unless authorized by the Coast
Guard Captain of the Port Jacksonville,
FL or his designated representative.
Persons or vessels that receive
permission to enter the security zone
must proceed at a minimum safe speed
and must comply with all orders issued
by the COTP or his designated
representative. Additionally, a vessel
operating within 500 yards of an
escorted vessel must proceed at a
minimum speed necessary to maintain a
safe course, unless otherwise required to
maintain speed by the navigation rules,
and must comply with the orders of the
COTP Jacksonville or his designated
representative.
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).
While recognizing the potential
impacts to the public, the Coast Guard
believes the security zones are necessary
for the reasons described above.
However, 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. There is generally
enough room for vessels to navigate
around these security zones. Where
such room is not available and security
conditions permit, the Captain of the
Port will attempt to provide flexibility
for individual vessels as needed.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 or operators of
vessels intending to transit King’s Bay
and the Ports of Jacksonville and
Canaveral in the vicinity of escorted
vessels. This rule would not have a
significant impact on a substantial
number of small entities because the
zones are limited in size, leaving in
most cases ample space for vessels to
navigate around them. The zones will
not significantly impact commercial and
passenger vessel traffic patterns, and
mariners will be notified of the zones
via Local Notice to Mariners and marine
broadcasts. Where such room is not
available and security conditions
permit, the Captain of the Port will
attempt to provide flexibility for
individual vessels to transit through the
zones as needed.
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 affect it economically.
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. 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
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector, of
$100,000,000 or more in any one year.
Although this 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 rule would 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
rmajette on PROD1PC72 with RULES
Indian Tribal Governments
This 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
VerDate Aug<31>2005
13:55 Dec 28, 2006
Jkt 211001
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. We
invite your comments on how this rule
might impact tribal governments, even if
that impact may not constitute a ‘‘tribal
implication’’ under the Order.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.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 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 final ‘‘Environmental
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
78367
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
are available in the docket where
indicated under ADDRESSES.
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:
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, 160.5; Public Law
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T07–276 to read as
follows:
§ 165.T07–276 Security Zones; Escorted
Vessels in the Captain of the Port
Jacksonville Zone.
(a) Definitions. The following
definitions apply to this section:
Designated representatives means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement
of the regulated navigation areas and
security zones.
Escorted vessel means a vessel, other
than a U.S. naval vessel as defined in
§ 165.2015 that is accompanied by one
or more Coast Guard assets or other
Federal, State or local law enforcement
agency assets as listed below:
(1) Coast Guard surface or air asset
displaying the Coast Guard insignia.
(2) Coast Guard Auxiliary surface
asset displaying the Coast Guard
Auxiliary insignia.
(3) State and/or local law enforcement
asset displaying the applicable agency
markings and/or equipment associated
with the agency.
Minimum Safe Speed means the
speed at which a vessel proceeds when
it is fully off plane, completely settled
in the water and not creating excessive
wake. Due to the different speeds at
which vessels of different sizes and
configurations may travel while in
compliance with this definition, no
specific speed is assigned to minimum
safe speed. In no instance should
minimum safe speed be interpreted as a
speed less than that required for a
E:\FR\FM\29DER1.SGM
29DER1
78368
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
particular vessel to maintain
steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
State and/or local law enforcement
officer means any State or local
government law enforcement officer
who has authority to enforce State or
local laws.
(b) Regulated area. All navigable
waters within the Captain of the Port
Zone Jacksonville, FL, as described in
33 CFR 3.35–20.
(c) Regulations. (1) A 100 yard
Security Zone is established around,
and centered on each Escorted vessel
within the Regulated Area. This is a
moving security zone when the Escorted
vessel is in transit and becomes a fixed
zone when the Escorted vessel is
anchored or moored. The general
regulations for Security Zones contained
in § 165.33 of this part applies to this
section.
(2) A vessel in the Regulated Area
operating between 100 yards and 500
yards of an Escorted vessel must
proceed at the minimum safe speed,
unless otherwise required to maintain
speed by the navigation rules, and must
comply with the orders of the COTP
Jacksonville or his designated
representative.
(3) Persons or vessels shall contact the
COTP Jacksonville to request
permission to deviate from these
regulations. The COTP Jacksonville may
be contacted at (904) 247–7318 or on
VHF channel 16.
(4) The COTP will inform the public
of the existence or status of Escorted
vessels in the Regulated Area by
Broadcast Notice to Mariners.
(d) Effective period. This section is
effective from December 7, 2006,
through April 1, 2007.
Dated: December 8, 2006.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. E6–22439 Filed 12–28–06; 8:45 am]
BILLING CODE 4910–15–P
SUMMARY: The Department of Veterans
Affairs (VA) amends its adjudication
regulation regarding accrued benefits.
The amendments are the result of
changes in statute and are intended to
clarify existing regulatory provisions.
This document adopts as final rule,
without change, the proposed rule
published in the Federal Register on
June 29, 2006.
DATES: Effective Date: January 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Maya Ferrandino, Consultant, Policy
and Regulations Staff, Compensation
and Pension Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 273–7210.
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on June 29, 2006, (71 FR
37027), VA proposed to amend its
regulations regarding accrued benefits to
clarify existing regulatory provisions
and to ensure consistency with section
104 of the Veterans Benefits Act of 2003,
Public Law 108–183, which amended 38
U.S.C. 5121, with respect to payment of
certain accrued benefits upon the death
of a beneficiary.
The public comment period ended on
August 28, 2006, and VA received no
comments. Based on the rationale set
forth in the proposed rule, we are
adopting the provisions of the proposed
rule as a final rule without change.
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
would not affect any small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this final rule is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
Executive Order 12866
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
rmajette on PROD1PC72 with RULES
RIN 2900–AM28
Accrued Benefits
Department of Veterans Affairs.
ACTION: Final rule.
AGENCY:
VerDate Aug<31>2005
13:55 Dec 28, 2006
Jkt 211001
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined and it has been determined to
be a significant regulatory action under
the Executive Order because it is likely
to result in a rule that may raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
year. This final rule would have no such
effect on State, local, and tribal
governments, or on the private sector.
Catalog of Federal Domestic Assistance
Numbers and Titles
The Catalog of Federal Domestic
Assistance program numbers and titles
for this proposal are 64.102,
Compensation for Service-Connected
Deaths for Veterans’ Dependents,
64.104, Pension for Non-ServiceConnected Disability for Veterans,
64.105, Pension to Veterans Surviving
Spouses, and Children, 64.109, Veterans
Compensation for Service-Connected
Disability, and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
E:\FR\FM\29DER1.SGM
29DER1
]]>Agencies
[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78365-78368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22439]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP JACKSONVILLE 06-276]
RIN 1625-AA87
Security Zones; Escorted Vessels in the Captain of the Port
Jacksonville Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily establishing security zones
around any vessel escorted by one or more Coast Guard, State, or local
law enforcement assets within the Captain of the Port Zone
Jacksonville, FL. No vessel or person is allowed within 100 yards of an
escorted vessel, while within the navigable waters of the Captain of
the Port Zone, Jacksonville, FL, unless authorized by the Captain of
the Port Jacksonville, FL or designated representative. Additionally,
all vessels within 500 yards of an escorted vessel in the Captain of
the Port Zone Jacksonville, FL will be required to operate at a minimum
speed necessary to maintain a safe course. This action is necessary to
protect personnel, vessels, and facilities from sabotage or other
subversive acts, accidents, or other events of a similar nature while
we undertake a separate, notice-and-comment rulemaking to establish a
permanent security zone for escorted vessels in the COTP Jacksonville
Zone.
DATES: This rule is effective from December 7, 2006, through April 1,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (COTP Jacksonville 06-276) and are
available for inspection or copying at Coast Guard Sector Jacksonville
Prevention Department, 7820 Arlington Expressway, Suite 400,
Jacksonville, FL 32211, between 7:30 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard
Sector Jacksonville Prevention
[[Page 78366]]
Department, Florida tel: (904) 232-2640, ext. 108.
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. Security zones around escorted
vessels are necessary to ensure the safe transit of the escorted
vessels as well as the public. Certain vessel movements are more
vulnerable to terrorist acts and it would be contrary to the public
interest to publish an NPRM which would incorporate a notice and
comment period that would delay the effective date of this regulation.
For the same reasons and 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
The terrorist attacks of September 2001 heightened the need for
development of various security measures throughout the seaports of the
United States, particularly around vessels and facilities whose
presence or movement creates a heightened vulnerability to terrorist
acts; or those for which the consequences of terrorist acts represent a
threat to national security. Following the attacks of September 11,
2001, the President of the United States found the security of the
United States to be endangered (E.O. 13224, 66 FR 49079, September 25,
2001) and the President has continued the national emergencies he
declared in 2001 (71 FR 52733, September 7, 2006, continuing the
emergency declared with respect to terrorist attacks; and 71 FR 55725,
September 22, 2006, continuing the emergency with respect to persons
who commit, threaten to commit or support terrorism). Additionally,
national security and intelligence officials continue to warn that
future terrorist attacks are likely.
King's Bay, GA, and the Ports of Jacksonville, FL, and Canaveral,
FL, receive vessels that carry sensitive Department of Defense cargoes
as well as foreign naval vessels that require additional safeguards.
The Captain of the Port (COTP) Jacksonville has determined that these
vessels have a significant vulnerability to subversive activity by
vessels or persons within the Jacksonville Captain of the Port Zone, as
described in 33 CFR 3.35-20. This rule enables the COTP Jacksonville to
provide effective port security, while minimizing the public's
confusion and ease the administrative burden of implementing separate
temporary security zones for each escorted vessel. In the near future,
the Captain of the Port Jacksoniville will publish a notice of proposed
rulemaking (NPRM) in the Federal Register and seek comments on a
proposal to establish a permanent security zone for escorted vessels in
the COTP Jacksonville Zone. While that rulemaking is underway, this
temporary rule is necessary to continue to ensure security for the
Port.
Discussion of Rule
This rule prohibits persons and vessels from coming within 100
yards of all escorted vessels within the navigable waters of the
Captain of the Port Zone Jacksonville, FL, as described in 33 CFR 3.35-
20. No vessel or person may enter within a 100 yard radius of an
escorted vessel unless authorized by the Coast Guard Captain of the
Port Jacksonville, FL or his designated representative. Persons or
vessels that receive permission to enter the security zone must proceed
at a minimum safe speed and must comply with all orders issued by the
COTP or his designated representative. Additionally, a vessel operating
within 500 yards of an escorted vessel must proceed at a minimum speed
necessary to maintain a safe course, unless otherwise required to
maintain speed by the navigation rules, and must comply with the orders
of the COTP Jacksonville or his designated representative.
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).
While recognizing the potential impacts to the public, the Coast
Guard believes the security zones are necessary for the reasons
described above. However, 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. There is generally
enough room for vessels to navigate around these security zones. Where
such room is not available and security conditions permit, the Captain
of the Port will attempt to provide flexibility for individual vessels
as needed.
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 or operators of vessels
intending to transit King's Bay and the Ports of Jacksonville and
Canaveral in the vicinity of escorted vessels. This rule would not have
a significant impact on a substantial number of small entities because
the zones are limited in size, leaving in most cases ample space for
vessels to navigate around them. The zones will not significantly
impact commercial and passenger vessel traffic patterns, and mariners
will be notified of the zones via Local Notice to Mariners and marine
broadcasts. Where such room is not available and security conditions
permit, the Captain of the Port will attempt to provide flexibility for
individual vessels to transit through the zones as needed.
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 affect it economically.
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. 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
[[Page 78367]]
wish to comment on actions by employees of the Coast Guard, call 1-888-
REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector, of $100,000,000 or more in any
one year. Although this 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 rule would 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 would not create an
environmental risk to health or risk to safety that might
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 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. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.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 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 final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available in the docket where indicated
under ADDRESSES.
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, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T07-276 to read as follows:
Sec. 165.T07-276 Security Zones; Escorted Vessels in the Captain of
the Port Jacksonville Zone.
(a) Definitions. The following definitions apply to this section:
Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones.
Escorted vessel means a vessel, other than a U.S. naval vessel as
defined in Sec. 165.2015 that is accompanied by one or more Coast
Guard assets or other Federal, State or local law enforcement agency
assets as listed below:
(1) Coast Guard surface or air asset displaying the Coast Guard
insignia.
(2) Coast Guard Auxiliary surface asset displaying the Coast Guard
Auxiliary insignia.
(3) State and/or local law enforcement asset displaying the
applicable agency markings and/or equipment associated with the agency.
Minimum Safe Speed means the speed at which a vessel proceeds when
it is fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a
[[Page 78368]]
particular vessel to maintain steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
State and/or local law enforcement officer means any State or local
government law enforcement officer who has authority to enforce State
or local laws.
(b) Regulated area. All navigable waters within the Captain of the
Port Zone Jacksonville, FL, as described in 33 CFR 3.35-20.
(c) Regulations. (1) A 100 yard Security Zone is established
around, and centered on each Escorted vessel within the Regulated Area.
This is a moving security zone when the Escorted vessel is in transit
and becomes a fixed zone when the Escorted vessel is anchored or
moored. The general regulations for Security Zones contained in Sec.
165.33 of this part applies to this section.
(2) A vessel in the Regulated Area operating between 100 yards and
500 yards of an Escorted vessel must proceed at the minimum safe speed,
unless otherwise required to maintain speed by the navigation rules,
and must comply with the orders of the COTP Jacksonville or his
designated representative.
(3) Persons or vessels shall contact the COTP Jacksonville to
request permission to deviate from these regulations. The COTP
Jacksonville may be contacted at (904) 247-7318 or on VHF channel 16.
(4) The COTP will inform the public of the existence or status of
Escorted vessels in the Regulated Area by Broadcast Notice to Mariners.
(d) Effective period. This section is effective from December 7,
2006, through April 1, 2007.
Dated: December 8, 2006.
Paul F. Thomas,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. E6-22439 Filed 12-28-06; 8:45 am]
BILLING CODE 4910-15-P
