4488 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

FDC date State City Airport FDC number Subject 

01/11/06 ... AK YAKUTAT ............................................. YAKUTAT ............................................. 6/0401 LOC/DME BC RWY 

29, AMDT 4 

[FR Doc. 06–740 Filed 1–26–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–142] 

RIN 1625–AA00 

Safety Zone; Chicago Sanitary and 

Ship Canal, Romeoville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Chicago Sanitary and Ship Canal on 

the Illinois Waterway near Romeoville, 

Illinois. This safety zone is necessary to 

close the Chicago Sanitary and Ship 

Canal during safety testing of the 

permanent electrical dispersal barrier. 

This safety zone intended to restrict 

vessels from a portion of the Canal in 

Romeoville, IL, at various times over a 

45 day period. 

DATES: This rule is in effect during 

intermittent periods, as announced via 

Broadcast Notice to Mariners, from 7 

a.m. (local) on January 30, 2006 until 7 

a.m. (local) on February 28, 2006. 

Captain of the Port Lake Michigan or his 

on scene representative will inform 

mariners of enforcement periods via 

Broadcast Notice to Mariners. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket are part of 

the docket (CGD09–05–142], and are 

available for inspection or copying at 

Commanding Officer, U.S. Coast Guard 

Marine Safety Unit Chicago, 215 W. 

83rd Street Suite D, Burr Ridge, IL, 

60527, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

MST1 Kenneth Brockhouse, U.S. Coast 

Guard, Marine Safety Unit Chicago, at 

(630) 986–2155. 

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. This safety 

zone is temporary in nature and limited 

time existed for an NPRM. The Coast 

Guard was not made aware that this 

operation was to take place with 

sufficient time to allow for publication 

of an NPRM followed by a final rule. 

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. Delaying this rule would be 

impracticable and immediate action is 

necessary to ensure the safety of 

personnel and vessels during the 

operational period. During the 

enforcement of this safety zone, 

comments will be accepted and 

reviewed and may result in a 

modification to the rule. 

Background and Purpose 

A temporary electrical dispersal 

barrier is in operation at mile marker 

296.5 on the Chicago Sanitary Ship 

Canal to prevent Asian Carp from 

entering Lake Michigan. 

A second permanent electrical 

dispersal barrier is being constructed 

and operational and safety testing must 

be completed prior to placing the 

permanent barrier in service. Also, 

additional safety tests need to be 

conducted for the temporary electrical 

dispersal barrier. These tests are 

scheduled to commence in January 

2006. As such, the Captain of the Port 

Lake Michigan has determined that 

intermittent closures of the Chicago 

Sanitary and Ship Canal are necessary 

to ensure the integrity of the operational 

and safety tests, as well as the safety of 

the testing crews. Closures will occur 

between January 30, 2006 and February 

28, 2006. Mariners will be notified of 

enforcement periods by Broadcast 

Notice to Mariners. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or his designated on 

scene representative via VHF–FM radio 

Channel 16. 

Discussion of Rule 

Operational and safety tests are 

required to determine the electrical 

parameters of the permanent electrical 

dispersal barrier, and to evaluate the 

health and safety risks of the electrical 

fields generated by both barriers in this 

portion of the Chicago Sanitary and 

Ship Canal. Restricting vessel 

movement through this portion of the 

Canal is necessary to ensure accurate 

test results, and to protect the 

equipment and crews conducting the 

tests. 

The safety zone will encompass all 

waters of the Chicago Sanitary and Ship 

Canal from the Romeo Road Bridge at 

Mile Marker 296.1 to the aerial pipeline 

arch at Mile Marker 296.7. All 

commercial and recreational vessels 

will be prohibited from entering the 

zone during enforcement periods. 

Enforcement periods will be announced 

via Broadcast Notice to Mariners. 

Vessels may contact the Coast Guard via 

VHF–FM radio Channel 16 to request 

permission to transit through the safety 

zone. 

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). 

We expect the economic impact of 

this established rule to be so minimal 

that a full Regulatory Evaluation under 

the regulatory policies and procedures 

of DHS is unnecessary. 

This finding is based on the relatively 

small percentage of vessels that would 

fall within the applicability of the 

regulation, the relatively small size of 

the limited area around the zone, the 

minimal amount of time that vessels 

will be restricted when the zone is being 

enforced. In addition, vessels that will 

need to enter the zone may request 

permission on a case-by-case basis from 

the Captain of the Port or the designated 

on-scene representative. 

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 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 4489 

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. 

This rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit through the 

safety zone in and around the area. 

This rule would not have a significant 

impact on a substantial number of small 

entities because the restrictions affect 

only a limited area for a brief amount of 

time as this safety zone is effective only 

when operations are underway. Further, 

transit through the zone may be 

permitted with proper authorization 

from the Captain of the Port Lake 

Michigan or his designated 

representative. Additionally, the 

opportunity to engage in recreational 

activities outside the limits of the safety 

zone will not be disrupted. 

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 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. 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 Fairness Boards. 

The Ombudsman evaluates 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–

800–734–3247. 

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 proposed rule 

under Commandant Instruction 

M16475.1D, 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. This 

event establishes a safety zone therefore 

paragraph (34)(g) of the Instruction 

applies. 

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 the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

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 amends 33 

CFR part 165 as follows: 


rmajette on PROD1PC67 with RULES
4490 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

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 § 165.T09–142 to read as 

follows: 

§ 165.T09–142 Safety Zone; Chicago 

Sanitary and Ship Canal, Romeoville, IL. 

(a) Location. The following is a safety 

zone: All waters, bank-to-bank, from the 

Romeo Road Bridge at Mile Marker 

296.1 to the aerial pipeline arch at Mile 

Marker 296.7 on Chicago Sanitary and 

Ship Canal. 

(b) Effective time and date. This rule 

is in effect from 7 a.m. (local) on January 

30, 2006 until 7 a.m. (local) on February 

28, 2006. Enforcement periods will be 

announced via Broadcast Notice to 

Mariners. Captain of the Port Lake 

Michigan or the on scene representative 

may terminate this operation at anytime. 

(c) Regulations. In accordance with 

§ 165.23, entry into this zone is 

prohibited unless authorized by the 

Coast Guard Captain of the Port Lake 

Michigan, or the designated on-scene 

representative. Section 165.23 also 

contains other general requirements. 

Dated: January 11, 2006. 

S.P. LaRochelle, 

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

Port, Lake Michigan. 

[FR Doc. 06–768 Filed 1–26–06; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–IN–0007; FRL–8025–

6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Removal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Removal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the EPA is removing 

the November 25, 2005 (70 FR 70999), 

direct final rule approving revisions to 

Indiana’s sulfur dioxide (SO2) state 

implementation plan (SIP) for sources 

located in Dearborn County. These 

revisions to the SIP include: Revising 

SO2 emission limits for existing sources, 

making minor corrections by removing 

obsolete rule language, and updating 

information for sources listed in the 

rule. In the direct final rule, EPA stated 

that if adverse comments were 

submitted by December 27, 2005, the 

rule would be withdrawn and not take 

effect. On December 2, 2005, EPA 

received a comment. EPA believes this 

comment is adverse and, therefore, EPA 

is removing the direct final rule. EPA 

will address the comment in a 

subsequent final action based upon the 

proposed action also published on 

November 25, 2005 (70 FR 71071). EPA 

will not institute a second comment 

period on this action. 

DATES: This rule is effective on January 

27, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), EPA, Region 

5, 77 West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 18, 2006. 

Norman Niedergang, 

Acting Regional Administrator, Region 5. 

■ Part 52, Chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart P—Indiana 

§ 52.770 [Amended] 

■ 2. Section 52.770 is amended by 

removing paragraph (c)(171). 

[FR Doc. 06–757 Filed 1–26–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[NM–4–1–5208a; FRL–8025–5] 

Approval and Promulgation of 

Implementation Plans; New Mexico, 

Visibility 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the New 

Mexico State Implementation Plan (SIP). 

This revision satisfies the New Source 

Review (NSR) and monitoring plan 

requirements for visibility, otherwise 

known as the ‘‘Phase I, Part I Visibility 

SIP.’’ In addition, this revision includes 

the implementation control strategies, 

integral vistas protection, and long term 

strategies, otherwise known as the 

‘‘Phase I, Part II Visibility SIP.’’ Lastly, 

EPA is removing the SIP disapprovals 

associated Phase I, Parts I and II, and the 

resultant Federal Implementation Plans 

(FIPs). 

DATES: This rule is effective on March 

28, 2006 without further notice, unless 

EPA receives adverse comment by 

February 27, 2006. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by File ID No. NM–4–1–5208, 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Thomas Diggs at 

diggs.thomas@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT section below. 

• Fax: Mr. Thomas Diggs, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Thomas Diggs, Chief, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. 

Thomas Diggs, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Such deliveries are accepted only 

between the hours of 8 a.m. and 4 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Please include the text 

‘‘Public comment on File ID No. NM–4–

1–5208’’ in the subject line of the first 

page of your comments. EPA’s policy is 

that all comments received will be 

included in the public file without 

change, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 


rmajette on PROD1PC67 with RULES