[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Rules and Regulations]
[Pages 9928-9930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1806]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP KEY WEST 06-029]
RIN 1625-AA87


Security Zone; Atlantic Ocean Five Miles South of Boca Chica, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 5 
miles south of Boca Chica, Florida, in support of aircraft recovery 
operations. This security zone is being implemented to ensure the 
security of the recovery site. All vessels will be excluded from the 
security zone until salvage operations are complete.

DATES: This rule is effective from 12:01 p.m. on February 7, 2006, 
through March 10, 2006.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket COTP KEY WEST 06-029 and are available 
for inspection and copying at Coast Guard Sector Key West, 100 Trumbo 
Point, Key West, FL 33040, between 8 a.m. and 4 p.m. EDT, Monday 
through Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dan Silvestro at Coast 
Guard Sector Key West Prevention Department, telephone 305-292-8808.

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 a NPRM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued and 
delay the rule's effective date, is contrary to public interest because 
immediate action is necessary to protect the public and the waters of 
the United States. For the same reason, 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 Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the restriction.

Background and Purpose

    On February 6, 2006, a Navy F-18 aircraft went down in the vicinity 
of position 21[deg]31' N, 081[deg]33.76' W. The purpose of this 
security zone is to ensure the security of the sensitive information on 
the aircraft.

Discussion of Rule

    This rule creates a temporary security zone 500 yards around 
position 21[deg]31' N, 081[deg]33.76' W. All vessels and persons are 
prohibited from anchoring, mooring, entering or remaining within the 
Security Zone unless authorized by the Captain of the Port, Key West, 
Florida or his designated representative(s). This zone is in effect 
from February 7, 2006 through March 10, 2006.

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

[[Page 9929]]

the Department of Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.

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 will 
not have a significant economic impact on a substantial number of small 
entities because the regulations will only be in effect for a short 
period of time and the impact on routine navigation is expected to be 
minimal. Vessels wishing to transit the area can simple go around the 
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 offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 evalutes 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 would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
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, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are not 
required for this rule.

List of Subjects in 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:

[[Page 9930]]

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 Sec.  165.T07-029 to read as follows:


Sec.  165.T07-029  Security Zone; Atlantic Ocean Five Miles South of 
Boca Chica, Florida

    (a) Regulated Area. The Coast Guard is establishing a temporary 
security zone in and on the waters 5 miles south of Boca Chica, Florida 
within a 500 yard radius of position 21[deg]31' N, 081[deg]33.76' W.
    (b) Definitions. Designated Representative(s) includes 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, Key 
West, Florida with enforcement of this regulation.
    (c) Regulations. All vessels and persons are prohibited from 
anchoring, mooring, entering or remaining within the Regulated Area 
unless authorized by the Captain of the Port, Key West, Florida or 
designated representative(s). Persons desiring to enter or transit the 
Regulated Area may contact the Captain of the Port, Key West, Florida 
via telephone at (305) 292-8727. If permission to transit the regulated 
area is granted by the Captain of the Port, Key West, Florida or his 
designated representative(s), all persons and vessels must comply with 
the instructions of the Captain of the Port, Key West, Florida or his 
designated representative(s).
    (d) Effective Dates. This rule is effective from 12:01 p.m. on 
February 7, 2006, through March 10, 2006.

    Dated: February 9, 2006.
P.J. Heyl,
Captain, U.S. Coast Guard, Captain of the Port, Key West, Florida.
[FR Doc. 06-1806 Filed 2-27-06; 8:45 am]
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