[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Proposed Rules]
[Pages 27431-27434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7205]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Hampton Roads 06-046]
RIN 1625-AA00


Safety Zone; Live-Fire Gun Exercise, Southeast of Ocean City, MD, 
Atlantic Ocean

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 27432]]

SUMMARY: The Coast Guard proposes to establish a safety zone on June 
19, 20 and 21, 2006 from 7 a.m. to 3 p.m. for a live-fire gun exercise 
approximately 9 nautical miles southeast of Ocean City, MD. This action 
is intended to restrict vessel traffic on the Atlantic Ocean as 
necessary to protect mariners from the hazards associated with gunnery 
exercise. Entry into this Coast Guard safety zone would be prohibited, 
unless authorized by the Captain of the Port or a designated 
representative.

DATES: Comments and related material must reach the Coast Guard on or 
before June 12, 2006.

ADDRESSES: You may mail comments and related material to the Norfolk 
Federal Building, 200 Granby Street, Suite 700, Norfolk, Virginia 
23510. Sector Hampton Roads maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Sector Field Office Eastern Shore between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Bill Clark, Waterways Division, 
Sector Hampton Roads, (757) 668-5581.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD05-06-
046, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Sector Hampton Roads at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a separate notice in the Federal Register.

Regulatory Information

    The Coast Guard is proposing to establish this safety zone to 
conduct training essential to carrying out Coast Guard missions 
relating to military operations and national security. Accordingly, 
this proposed safety zone falls within the military function exception 
to the Administrative Procedure Act (APA), 5 U.S.C. 553(a)(1). Notice 
and comment rulemaking under 5 U.S.C. 553(b) and an effective date of 
30 days after publication under 5 U.S.C. 553(d) are not required for 
this rulemaking.
    However, we have determined that it would be beneficial to accept 
public comments on this proposed rule. Therefore, we will be accepting 
comments until June 12, 2006. By issuing this notice of proposed 
rulemaking and accepting public comments, the Coast Guard does not 
waive its use of the military-function exception to notice and comment 
rulemaking under 5 U.S.C. 553(b).

Background and Purpose

    This rule is necessary to protect the public from the hazards 
associated with gunnery exercises. When established, this zone will 
provide the Coast Guard adequate coverage of the area affected by small 
arms fire. No other related rules have been issued in relation this 
proposed rule.

Discussion of Proposed Rule

    The Coast Guard is establishing a safety zone on June 19, 20 and 
21, 2006 from 7 a.m. to 3 p.m. on specified waters of the Atlantic 
Ocean, approximately 9 nautical miles southeast of Ocean City, MD. The 
regulated area will consist of a circular zone, four nautical miles in 
radius, centered on position 38-13.0 N/074-58.0 W. This safety zone 
will be enforced when gunnery exercises are being conducted by Coast 
Guard vessels. All vessel traffic will be temporarily restricted from 
transiting through this area while the safety zone is in effect unless 
otherwise authorized by the Captain of the Port's designated 
representative.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation restricts access to the regulated area, the effect of this 
rule will not be significant as the safety zone will be in effect for a 
limited duration of time and the Coast Guard will provide the public 
adequate notification via maritime advisories and local notice to 
mariners in order for mariners to adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule will affect the following 
entities, some of which may be small entities: The owners and operators 
of vessels intending to transit in that portion of the Atlantic Ocean 
while the regulated area is in affect. The safety zone will not have a 
significant impact on a substantial number of small entities because: 
(i) The zone will only be in place for a limited duration of time; (ii) 
mariners will be allowed to transit through at the discretion of the 
Captain of the Port's designated representative; and (iii) maritime 
advisories will be issued allowing mariners to adjust their plans 
accordingly.
    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 economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your

[[Page 27433]]

small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact LTJG Brian Sullivan, Sector Field Office Eastern Shore, (757) 
336-2859. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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:

    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 Sec.  165.T06-046 to read as follows:


Sec.  165.T06-046  Safety zone; live-fire gun exercise Southeast of 
Ocean City, MD, Atlantic Ocean.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean, from surface to bottom, within a 4 nautical mile 
radius of position 38-13.0 N/074-58.0 W, approximately 9 nautical miles 
southeast of Ocean City, MD., which lies within the Captain of the 
Port, Hampton Roads zone as defined in 33 CFR 3.25-10.
    (b) Definitions. (1) ``Designated representative'' means a U.S. 
Coast Guard commissioned, warrant or petty officer who has been 
authorized by the Captain of the Port, Hampton Roads, Virginia to act 
on his behalf and a Federal, State, and local officer designated by or 
assisting the Captain of the Port (COTP), Hampton Roads, in the 
enforcement of the safety zone.
    (2) [Reserved]
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within this safety zone is 
prohibited unless authorized by the COTP, Hampton Roads, or the COTP's 
designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must

[[Page 27434]]

contact the COTP or the COTP's representative to obtain permission to 
do so. Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement and suspension of enforcement of certain safety 
zones. (1) The safety zone in paragraph (a) of this section will be 
enforced only when a Coast Guard vessel is operating in the safety zone 
for the purpose of conducting gunnery exercises.
    (2) The Captain of the Port, Hampton Roads, will provide notice of 
the enforcement of the safety zones listed in paragraph (a) of this 
section and notice of suspension of enforcement by the means 
appropriate to affect the widest publicity, including broadcast notice 
to mariners and publication in the local notice to mariners.
    (e) Effective period. This section is effective from 7 a.m. on June 
19, 2006 until 3 p.m. on June 21, 2006.

    Dated: April 26, 2006.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
 [FR Doc. E6-7205 Filed 5-10-06; 8:45 am]
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