35854 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Proposed Rules

Authority: 33 U.S.C. 499; Department of DEPARTMENT OF HOMELAND comments and related material. If you Homeland Security Delegation No. 0170.1; 33 SECURITY do so, please include your name and CFR 1.05–1(g); § 117.255 also issued under address, identify the docket number for authority of Pub. L. 102–587, 106 Stat. 5039. Coast Guard this rulemaking (CGD05–06–062), 2. In § 117.313 revise paragraphs (a) indicate the specific section of this and (b) and add paragraph (c) to read as 33 CFR Part 165 document to which each comment follows: [CGD05–06–062] applies, and give the reason for each comment. Please submit all comments § 117.313 New River. RIN 1625–AA00 and related material in an unbound format, no larger than 81⁄2 by 11 inches, (a) The draw of the S.E. Third Avenue Safety Zone; Patapsco River, suitable for copying. If you would like Bridge, mile 1.4 at Fort Lauderdale shall Northwest and Inner Harbors, to know they reached us, please enclose open on signal; except that, from 7:30 Baltimore, MD a stamped, self-addressed postcard or a.m. to 9 a.m. and 4:30 p.m. to 6 p.m. envelope. We will consider all Monday through Friday, except Federal AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. comments and material received during holidays, the draw need not be opened the comment period. We may change for the passage of vessels. Public vessels SUMMARY: The Coast Guard proposes to this proposed rule in view of them. of the United States, regularly establish a temporary safety zone upon Public Meeting scheduled cruise vessels, tugs with certain waters of the Patapsco River, tows, and vessels in distress shall be Northwest Harbor, and Inner Harbor We do not now plan to hold a public passed as necessary. during the movement of the historic meeting. But you may submit a request (b) The draw of the Andrews Avenue sloop-of-war USS CONSTELLATION. for a meeting by writing to Coast Guard Bridge, mile 2.3 at Fort Lauderdale, This action is necessary to provide for Sector Baltimore, Waterways shall open on signal; except that, from the safety of life on navigable waters Management Division, at the address 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 during the tow of the vessel from its under ADDRESSES explaining why one p.m. Monday through Friday, except berth at the Inner Harbor in Baltimore, would be beneficial. If we determine Federal holidays, the draw need not be Maryland, to a point on the Patapsco that one would aid this rulemaking, we opened for the passage of vessels. The River near the Fort McHenry National will hold one at a time and place draw need not be opened for inbound Monument and Historic Shrine in announced by a later notice in the vessels when the draw of the Florida Baltimore, Maryland, and return. This Federal Register. East Coast railroad bridge, mile 2.5 at action will restrict vessel traffic in Background and Purpose portions of the Patapsco River, Fort Lauderdale is in the closed position The USS CONSTELLATION Museum Northwest Harbor, and Inner Harbor for the passage of a train. is planning to conduct a ‘‘turn-around’’ during the event. (c) The draw of the Marshal (Seventh ceremony involving the sloop-of-war Avenue) bridge, mile 2.7 at Fort DATES: Comments and related material USS CONSTELLATION in Baltimore, Lauderdale shall open on signal; except must reach the Coast Guard on or before Maryland on Friday, September 8, 2006. that, from 7:30 a.m. to 9 a.m. and 4:30 August 7, 2006. Planned events include a three-hour, p.m. to 6 p.m. Monday through Friday, ADDRESSES: You may mail comments round-trip tow of the USS except Federal holidays, the draw need and related material to Commander, CONSTELLATION in the Port of not be opened for the passage of vessels. U.S. Coast Guard Sector Baltimore, 2401 Baltimore, with an onboard salute with Public vessels of the United States, Hawkins Point Road, Building 70, navy pattern cannon while the historic regularly scheduled cruise vessels, tugs Waterways Management Division, vessel is positioned off Fort McHenry with tows, and vessels in distress shall Baltimore, Maryland, 21226–1791. Coast National Monument and Historic Site. be passed as necessary Guard Sector Baltimore, Waterways The historic Sloop-of-War USS Management Division, maintains the CONSTELLATION will be towed ‘‘dead 3. In § 117.315 revise paragraph (a) to public docket for this rulemaking. read as follows: ship,’’ which means that the vessel will Comments and material received from be underway without the benefit of § 117.315 New River, South Fork. the public, as well as documents mechanical or sail propulsion. The indicated in this preamble as being return dead ship tow of the USS (a) The draw of the Davie Boulevard available in the docket, will become part CONSTELLATION to its berth in the (S.W. Twelfth Street) bridge, mile 0.9 at of this docket and will be available for Inner Harbor is expected to occur Fort Lauderdale shall open on signal; inspection or copying at Commander, immediately upon execution of a tug- except that, from 7:30 a.m. to 9 a.m. and U.S. Coast Guard Sector Baltimore, 2401 assisted turn-around of the USS 4:30 p.m. to 6 p.m. Monday through Hawkins Point Road, Building 70, CONSTELLATION on the Patapsco Friday, except Federal holidays, the Waterways Management Division, River near Fort McHenry. The Coast draw need not be opened for the passage Baltimore, Maryland 21226–1791, Guard anticipates a large recreational of vessels. Public vessels of the United between 8 a.m. and 3 p.m., Monday boating fleet during this event, States, regularly scheduled cruise through Friday, except Federal holidays. scheduled on a late Friday afternoon vessels, tugs with tows, and vessels in FOR FURTHER INFORMATION CONTACT: Mr. during the summer in Baltimore, distress shall be passed as necessary. Ronald Houck, at Coast Guard Sector Maryland. Operators should expect * * * * * Baltimore, Waterways Management significant vessel congestion along the Dated: June 12, 2006. Division, at telephone number (410) planned route. 576–2674 or (410) 576–2693. The purpose of this rule is to promote D.W. Kunkel, SUPPLEMENTARY INFORMATION: maritime safety and protect participants Rear Admiral, U.S. Coast Guard, Commander, and the boating public in the Port of Seventh Coast Guard District. Request for Comments Baltimore immediately prior to, during, [FR Doc. 06–5576 Filed 6–21–06; 8:45 am] We encourage you to participate in and after the scheduled event. The rule BILLING CODE 4910–15–P this rulemaking by submitting will provide for a clear transit route for

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the participating vessels, and provide a a significant economic impact on a Federalism safety buffer around the participating substantial number of small entities. vessels while they are in transit. The The term ‘‘small entities’’ comprises A rule has implications for federalism rule will impact the movement of all small businesses, not-for-profit under Executive Order 13132, vessels operating upon certain waters of organizations that are independently Federalism, if it has a substantial direct the Patapsco River, Northwest Harbor owned and operated and are not effect on State or local governments and and Inner Harbor. dominant in their fields, and would either preempt State law or governmental jurisdictions with impose a substantial direct cost of Discussion of Proposed Rule populations of less than 50,000. compliance on them. We have analyzed The historic sloop-of-war USS The Coast Guard certifies under 5 this proposed rule under that Order and CONSTELLATION is scheduled to be U.S.C. 605(b) that this proposed rule have determined that it does not have towed ‘‘dead ship’’ on September 8, would not have a significant economic implications for federalism. 2006. The USS CONSTELLATION is impact on a substantial number of small Unfunded Mandates Reform Act scheduled to be towed from its berth at entities. This rule would affect the Pier 1 in Baltimore’s Inner Harbor to a following entities, some of which might The Unfunded Mandates Reform Act point on the Patapsco River near Fort be small entities: The owners or of 1995 (2 U.S.C. 1531–1538) requires McHenry National Monument and operators of vessels intending to Federal agencies to assess the effects of Historic Shrine, Baltimore, Maryland, to operate, remain or anchor within certain their discretionary regulatory actions. In take place along a one-way, planned waters of the Patapsco River, Northwest particular, the Act addresses actions route of approximately four nautical Harbor and Inner Harbor, in Baltimore, that may result in the expenditure by a miles, that includes specified waters of Maryland, from 2 p.m. through 7 p.m. State, local, or tribal government, in the the Patapsco River, Northwest Harbor on September 8, 2006. Because the zone aggregate, or by the private sector of and Inner Harbor. After being turned- is of limited size and duration, it is $100,000,000 or more in any one year. around, the USS CONSTELLATION will expected that there will be minimal Though this proposed rule would not be returned to its original berth at Pier disruption to the maritime community. result in such an expenditure, we do 1, Inner Harbor, Baltimore, Maryland. Before the effective period, the Coast discuss the effects of this rule elsewhere The safety of dead ship tow Guard will issue maritime advisories in this preamble. participants requires that persons and widely available to users of the river vessels be kept at a safe distance from and harbors to allow mariners to make Taking of Private Property the intended route during this alternative plans for transiting the This proposed rule would not effect a evolution. The Coast Guard proposes to affected areas. In addition, smaller taking of private property or otherwise establish a temporary moving safety vessels not constrained by their draft, have taking implications under zone around the USS CONSTELLATION which are more likely to be small Executive Order 12630, Governmental dead ship tow participants on entities, may transit around the safety Actions and Interference with September 8, 2006, to ensure the safety zone. Constitutionally Protected Property of participants and spectators If you think that your business, Rights. immediately prior to, during, and organization, or governmental following the dead ship tow. jurisdiction qualifies as a small entity Civil Justice Reform Interference with normal port and that this rule would have a This proposed rule meets applicable operations will be kept to the minimum significant economic impact on it, standards in sections 3(a) and 3(b)(2) of considered necessary to ensure the please submit a comment (see Executive Order 12988, Civil Justice safety of life on the navigable waters ADDRESSES) explaining why you think it Reform, to minimize litigation, immediately before, during, and after qualifies and how and to what degree eliminate ambiguity, and reduce the scheduled event. this rule would economically affect it. burden. Regulatory Evaluation Assistance for Small Entities Protection of Children This proposed rule is not a Under section 213(a) of the Small ‘‘significant regulatory action’’ under Business Regulatory Enforcement We have analyzed this proposed rule section 3(f) of Executive Order 12866, Fairness Act of 1996 (Pub. L. 104–121), under Executive Order 13045, Regulatory Planning and Review, and we want to assist small entities in Protection of Children from does not require an assessment of understanding this proposed rule so that Environmental Health Risks and Safety potential costs and benefits under they can better evaluate its effects on Risks. This rule is not an economically section 6(a)(3) of that Order. The Office them and participate in the rulemaking. significant rule and would not create an of Management and Budget has not If the rule would affect your small environmental risk to health or risk to reviewed it under that Order. It is not business, organization, or governmental safety that might disproportionately ‘‘significant’’ under the regulatory jurisdiction and you have questions affect children. policies and procedures of the concerning its provisions or options for Indian Tribal Governments Department of Homeland Security compliance, please contact the person (DHS). listed under FOR FURTHER INFORMATION This proposed rule does not have We expect the economic impact of CONTACT. The Coast Guard will not tribal implications under Executive this proposed rule to be so minimal that retaliate against small entities that Order 13175, Consultation and a full Regulatory Evaluation under the question or complain about this rule or Coordination with Indian Tribal regulatory policies and procedures of any policy or action of the Coast Guard. Governments, because it would not have DHS is unnecessary. a substantial direct effect on one or Collection of Information more Indian tribes, on the relationship Small Entities This proposed rule would call for no between the Federal Government and Under the Regulatory Flexibility Act new collection of information under the Indian tribes, or on the distribution of (5 U.S.C. 601–612), we have considered Paperwork Reduction Act of 1995 (44 power and responsibilities between the whether this proposed rule would have U.S.C. 3501–3520). Federal Government and Indian tribes.

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Energy Effects List of Subjects in 33 CFR Part 165 hailed by a U.S. Coast Guard vessel by We have analyzed this proposed rule Harbors, Marine safety, Navigation siren, radio, flashing light, or other under Executive Order 13211, Actions (water), Reporting and recordkeeping means, the person or vessel shall Concerning Regulations That requirements, Security measures, proceed as directed. If permission is Significantly Affect Energy Supply, Waterways. granted, all persons or vessels must comply with the instructions of the Distribution, or Use. We have For the reasons discussed in the Captain of the Port, Baltimore, determined that it is not a ‘‘significant preamble, the Coast Guard proposes to Maryland, and proceed at the minimum energy action’’ under that order because amend 33 CFR part 165 as follows: speed necessary to maintain a safe it is not a ‘‘significant regulatory action’’ course while within the zone. under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS (d) Enforcement. The U.S. Coast likely to have a significant adverse effect Guard may be assisted in the patrol and on the supply, distribution, or use of 1. The authority citation for part 165 enforcement of the zone by Federal, energy. The Administrator of the Office continues to read as follows: State and local agencies. of Information and Regulatory Affairs Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. (e) Effective period. This section will has not designated it as a significant be enforced from 2 p.m. through 7 p.m. energy action. Therefore, it does not Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public local time on September 8, 2006. require a Statement of Energy Effects Law 107–295, 116 Stat. 2064; Department of under Executive Order 13211. Dated: June 7, 2006. Homeland Security Delegation No. 0170.1. Brian D. Kelley, Technical Standards 2. Add § 165.T05–062 to read as Captain, U.S. Coast Guard, Captain of the The National Technology Transfer follows: Port, Baltimore, Maryland. [FR Doc. E6–9865 Filed 6–21–06; 8:45 am] and Advancement Act (NTTAA) (15 § 165.T05–062 Safety Zone; Patapsco U.S.C. 272 note) directs agencies to use River, Northwest and Inner Harbors, BILLING CODE 4910–15–P voluntary consensus standards in their Baltimore, MD. regulatory activities unless the agency (a) Definitions. For the purposes of provides Congress, through the Office of this section: ENVIRONMENTAL PROTECTION Management and Budget, with an (1) Captain of the Port, Baltimore, AGENCY explanation of why using these Maryland means the Commander, Coast 40 CFR Part 52 standards would be inconsistent with Guard Sector Baltimore or any Coast applicable law or otherwise impractical. Guard commissioned, warrant, or petty [EPA–R04–OAR–2006–0376–200611b; FRL– Voluntary consensus standards are officer who has been authorized by the 8186–9] technical standards (e.g., specifications Captain of the Port, Baltimore, Maryland of materials, performance, design, or to act on his or her behalf. Approval and Promulgation of operation; test methods; sampling (2) USS CONSTELLATION ‘‘turn- Implementation Plans Alabama: Open procedures; and related management around’’ participants means the USS Burning Revision systems practices) that are developed or CONSTELLATION, its support craft and AGENCY: Environmental Protection adopted by voluntary consensus the accompanying towing vessels. Agency (EPA). standards bodies. (b) Location. The following area is a ACTION: Proposed rule. This proposed rule does not use moving safety zone: all waters within technical standards. Therefore, we did 200 yards ahead of or 100 yards SUMMARY: EPA is approving revisions to not consider the use of voluntary outboard or aft of the historic Sloop-of- the Alabama State Implementation Plan consensus standards. War USS CONSTELLATION, surface to (SIP), submitted by the Alabama Environment bottom, while operating in the Inner Department of Environmental Harbor, the Northwest Harbor and the Management (ADEM) on March 9, 2006. We have analyzed this proposed rule Patapsco River. The revisions include modifications to under Commandant Instruction (c) Regulations. (1) The general Alabama’s open burning rules found at M16475.lD, which guides the Coast regulations governing safety zones, Alabama Administrative Code (AAC) Guard in complying with the National found in Sec. 165.23, apply to the safety Chapter 335–3–3–.01. These revisions Environmental Policy Act of 1969 zone described in paragraph (b) of this are part of Alabama’s strategy to meet (NEPA) (42 U.S.C. 4321–4370f), and section. the national ambient air quality have made a preliminary determination (2) With the exception of USS standards (NAAQS) for fine particulates that there are no factors in this case that CONSTELLATION ‘‘turn-around’’ (PM2.5) and ozone. Open burning would limit the use of a categorical participants, entry into or remaining in creates smoke that contains fine exclusion under section 2.B.2 of the this zone is prohibited, unless particles, volatile organic compounds Instruction. Therefore, we believe that authorized by the Captain of the Port, and nitrogen oxides, precursors to this rule should be categorically Baltimore, Maryland. ozone. ADEM has found that elevated excluded, under figure 2–1, paragraph (3) Persons or vessels requiring entry levels of PM2.5 mirror the months when (34)(g), of the Instruction, from further into or passage through the moving ozone levels are highest (May– environmental documentation. This rule safety zone must first request September), and that PM2.5 levels establishes a safety zone. authorization from the Captain of the remain elevated into October. These A preliminary ‘‘Environmental Port, Baltimore, Maryland to seek rules are intended to help control levels Analysis Check List’’ is available in the permission to transit the area. The of PM2.5 and ozone precursors that docket where indicated under Captain of the Port, Baltimore, Maryland contribute to high ozone and PM2.5 ADDRESSES. Comments on this section can be contacted at telephone number levels. This action is being taken will be considered before we make the (410) 576–2693. The Coast Guard pursuant to section 110 of the Clean Air final decision on whether this rule vessels enforcing this section can be Act (CAA). should be categorically excluded from contacted on Marine Band Radio VHF In the Rules Section of this Federal further environmental review. Channel 16 (156.8 MHz). Upon being Register, EPA is approving Alabama’s

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