Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53627 

Issued at Washington, DC, this 6th day of 

September 2006. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 06–7584 Filed 9–7–06; 9:37 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–06–092] 

RIN 1625–AA00 

Safety Zone: Fireworks Display, Trent 

River, New Bern, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes the 

establishment of a 1000 foot safety zone 

around a fireworks display for the North 

Carolina Parks and Recreation 

Conference occurring on November 12, 

2006, on the Trent River, New Bern, NC. 

This action is intended to restrict vessel 

traffic on the Trent River. This safety 

zone is necessary to protect mariners 

from the hazards associated with 

fireworks displays. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 12, 2006. 

ADDRESSES: You may mail comments 

and related material to Commander, 

Coast Guard Sector North Carolina, 2301 

East Fort Macon Road, Atlantic Beach, 

NC 28512. Sector North Carolina 

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 

the Federal Building Fifth Coast Guard 

District between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

Holidays. 

FOR FURTHER INFORMATION CONTACT: 

CWO Christopher Humphrey, 

Prevention Department, Coast Guard 

Sector North Carolina, at (252) 247–

4525. 

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 CGD05–06–092, 

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 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they 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 charge 

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 Commander, 

Sector North Carolina 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 later notice in the 

Federal Register. 

Background and Purpose 

On November 12, 2006, the North 

Carolina Parks and Recreation 

Conference fireworks display will be 

held adjacent to the Trent River, New 

Bern, NC. Spectators will be observing 

from both the shore and from vessels. 

Due to the need of protection of 

mariners and spectators from the 

hazards associated with the fireworks 

display, vessel traffic will be 

temporarily restricted. 

Discussion of Proposed Rule 

The Coast Guard is establishing a 

safety zone on specified waters of the 

Trent River. The regulated area will 

consist of a 1000 foot safety zone around 

a fireworks display from the southern 

shore of the City of New Bern, NC. The 

safety zone will be enforced from 6 p.m. 

to 8 p.m. on November 12, 2006. 

General navigation in the safety zone 

will be restricted during the event. 

Except for participants and vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

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. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of 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. Although this 

regulation restricts access to the 

regulated area, the effect of this rule will 

not be significant because: (i) The COTP 

may authorize access to the safety zone; 

(ii) the safety zone will be in effect for 

a limited duration; and (iii) the Coast 

Guard will make notifications via 

maritime advisories so mariners can 

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 rule will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor in 

that portion of the Trent River from 6 

p.m. to 8 p.m. on November 12, 2006. 

The safety zone will not have a 

significant impact on a substantial 

number of small entities, because the 

zone will only be in place for a few 

hours and maritime advisories will be 

issued, so the mariners can 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 rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 


sroberts on PROD1PC70 with PROPOSALS
53628 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 

compliance, please contact CWO 

Christopher Humphrey, Prevention 

Department, Sector North Carolina, at 

(252) 247–4525. 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 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 

The 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. 

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 

M16475.1D and Department of 

Homeland Security Management 

Directive 5100.1, 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. A preliminary 

‘‘Environmental Analysis Check List’’ is 

available in the docket where indicated 

under ADDRESSES. Comments on this 

section will be considered before we 

make a final decision on whether to 

categorically exclude this rule from 

further environmental review. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting & record keeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 subpart C 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; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add Temporary § 165.T05–092, to 

read as follows: 

§ 165.T05–092 Safety Zone: Trent River, 

New Bern, North Carolina. 

(a) Location: The following area is a 

safety zone: All waters of the Trent 

River within 1000 feet of the fireworks 

display at New Bern, NC, approximate 

position 35–00–15N 077–02–39W in the 

Captain of the Port, Sector North 

Carolina zone as defined in 33 CFR 

3.25–20. 

(b) Definition: As used in this section; 

designated representative: means any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Sector North Carolina to act on his 

behalf. 

(c) Regulation: (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Sector North Carolina, NC, or 

designated representative. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: (i) Stop the vessel immediately 

upon being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a U.S. 

Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53629 

on board a vessel displaying a U.S. 

Coast Guard Ensign. 

(3) The Captain of the Port, Coast 

Guard Sector North Carolina Prevention 

Department, Morehead City, North 

Carolina can be contacted at telephone 

number (252) 247–4570 or (252) 247–

4520. 

(4) Coast Guard vessels enforcing the 

safety zone can be contacted on VHF–

FM marine band radio, channel 13 

(156.65 MHz) and channel 16 (156.8 

MHz). 

(d) Enforcement period: This 

regulation will be enforced from 6 p.m. 

to 8 p.m. on November 12, 2006. 

Dated: August 29, 2006. 

William D. Lee, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector North Carolina. 

[FR Doc. 06–7601 Filed 9–11–06; 8:45am] 

BILLING CODE 4910–15–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2006–25767; CGD09–06–123] 

RIN 1625–AA00 

Safety Zones; U.S. Coast Guard Water 

Training Areas, Great Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Re-opening of comment period. 

SUMMARY: In response to public 

requests, the Coast Guard is re-opening 

the comment period on its notice of 

proposed rulemaking (NPRM) to 

establish permanent safety zones 

throughout the Great Lakes to conduct 

live fire gun exercises. These safety 

zones are necessary to protect the public 

from the hazards associated with the 

firing of weapons and to ensure the 

operational readiness of Coast Guard 

personnel, cutters and small boats. Reopening the comment period will 

provide the public more time to submit 

comments and recommendations. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

November 13, 2006. 

ADDRESSES: To make sure your 

comments and related material are not 

entered more than once in the docket, 

please submit them by only one of the 

following means: 

(1) By mail to the Docket Management 

Facility (USCG–2006–2567), U.S. 

Department of Transportation, room PL–

401, 400 SW., Washington, DC 20590–

0001. 

(2) By delivery to room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC 

between 9 a.m. and 5 p.m. Monday 

through Friday, except Federal 

Holidays. The telephone number is 202–

366–9329. 

(3) By fax to the Docket Management 

Facility at 202–493–2251. 

(4) Electronically through the Web 

site for the Docket Management System 

at http://dms.dot.gov. 

The Docket Management Facility 

maintains the public docket for the 

rulemaking. Comments will become part 

of this docket and will be available for 

inspection or copying at room PL–401, 

located on the Plaza level of the Nassif 

Building at the same address between 

10 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. You 

may electronically access the public 

docket on the Internet at http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information on the NPRM provisions 

contact Commander Gustav Wulfkuhle, 

Enforcement Branch, Response 

Division, Ninth Coast Guard District, 

Cleveland, Ohio at 216–902–6091. For 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

On August 1, 2006, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM)(71 FR 43402) to 

establish permanent safety zones 

throughout the Great Lakes to conduct 

live fire gun exercises. The initial 

comment period for this NPRM ended 

on August 31, 2006. 

In response to public requests, the 

Coast Guard is re-opening the comment 

period on this NPRM. Re-opening the 

comment period will provide the public 

more time to submit comments and 

recommendations. 

In addition, the Coast Guard has 

added a copy of the ‘‘Preliminary Health 

Risk Assessment for Proposed U.S. 

Coast Guard Weapons Training 

Exercises’’ (January 2006) to the docket 

in order to better inform the public that 

the proposed training will pose no 

elevated health or ecological risks in the 

Great Lakes. 

Request for Comments 

The Coast Guard encourages you to 

submit comments and related materials. 

If you submit a comment, please include 

your name and address, identify the 

NPRM [USCG–2006–2567 (formerly 

CGD09–06–123)]; published in the 

Federal Register on August 1, 2006 (71 

FR 43402) and indicate the specific 

section of this document to which each 

comment applies, and give the reason 

for each comment. Please submit one 

copy of all comments and attachments 

in an unbound format, no larger than 

81⁄2 by 11 inches, suitable for copying 

and electronic filing to the DOT Docket 

Management Facility at the address 

under ADDRESSES. If you submit them by 

mail and would like to know that they 

reached the facility, please enclose a 

stamped, self-addressed postcard or 

envelope. 

The Coast Guard will consider all 

comments received during the comment 

period. It may change the proposed 

rules in view of the comments. 

Dated: September 1, 2006. 

John E. Crowley, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. E6–15109 Filed 9–11–06; 8:45 am] 

BILLING CODE 4910–15–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Parts 1193 and 1194 

[Docket No. 2006–1] 

Telecommunications Act Accessibility 

Guidelines; Electronic and Information 

Technology Accessibility Standards 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice of meeting. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) has established a 

Telecommunications and Electronic and 

Information Technology Advisory 

Committee to assist it in revising and 

updating accessibility guidelines for 

telecommunications products and 

accessibility standards for electronic 

and information technology. This notice 

announces the dates, time, and location 

of the first Committee meeting, which 

will be open to the public. 

DATES: The meeting is scheduled for 

September 27, 2006 (beginning at 1 p.m. 

and ending at 5 p.m.), September 28, 

2006 (beginning at 9 a.m. and ending at 

5 p.m.) and September 29, 2006 

(beginning at 9 a.m. and ending at 3:30 

p.m.). Decisions with respect to future 

meetings will be made at the first 

meeting and from time to time 

thereafter. Notices of future meetings 

will be published in the Federal 

Register. 


sroberts on PROD1PC70 with PROPOSALS