70732 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

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. A new temporary § 165.T07–154 is 

added to read as follows: 

§ 165.T07–154 Security Zone; St. John’s 

River, Jacksonville, FL to Ribault Bay. 

(a) Regulated area. The Coast Guard is 

establishing a temporary moving 

security zone for a foreign navy 

submarine within the area 12 nautical 

miles seaward from the baseline at the 

mouth of the St. John’s River to Ribault 

Bay. The temporary security zone 

encompasses all waters within 500 

yards in any direction around a foreign 

navy submarine transiting within the 

area between 12 nautical miles seaward 

of the sea buoy at the entrance to the St. 

John’s River to Ribault Bay. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representatives means 

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 (COTP), 

Jacksonville, Florida, in the enforcement 

of the regulated navigation areas and 

security zones. 

Minimum Safe Speed means the 

speed at which a vessel proceeds when 

it is fully off plane, completely settled 

in the water and not creating excessive 

wake. Due to the different speeds at 

which vessels of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to minimum 

safe speed. In no instance should 

minimum safe speed be interpreted as a 

speed less than that required for a 

particular vessel to maintain 

steerageway. A vessel is not proceeding 

at minimum safe speed if it is: 

(1) On a plane; 

(2) In the process of coming up onto 

or coming off a plane; or 

(3) Creating an excessive wake. 

(c) Regulations. In accordance with 

the general regulations in § 165.33 of 

this part, anchoring, mooring or 

transiting in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville, FL or 

his designated representative. Persons 

or vessels that receive permission to 

enter the security zone must proceed at 

a minimum safe speed, must comply 

with all orders issued by the COTP or 

his designated representative, and must 

not proceed any closer than 100 yards, 

in any direction, to the submarine. 

(d) Dates. This section is effective 

from 8 a.m. on November 9, 2005, until 

11:59 p.m. on December 1, 2005. 

Dated: November 9, 2005. 

David L. Lersch, 

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

Port Jacksonville. 

[FR Doc. 05–23236 Filed 11–22–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Western Alaska–04–003] 

RIN 1625–AA00 

Safety Zone; Bering Sea, Aleutian 

Islands, Unalaska Island, AK 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; change of 

effective period. 

SUMMARY: The Coast Guard is extending 

the effective period of the safety zone in 

the Bering Sea, Unalaska Island, Alaska. 

The zone is needed to facilitate safe 

salvage operations related to the 

grounding of the merchant vessel (M/V) 

SELENDANG AYU. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Commander, Seventeenth Coast Guard 

District, the Coast Guard Captain of the 

Port, Western Alaska, or their on-scene 

representative. The intended effect of 

the proposed safety zone is to mitigate 

safety risks to salvage personnel. 

DATES: The effective period of 

§ 165.T17–010 is extended from 

November 30, 2005 through October 31, 

2006. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are available for inspection and 

copying at Coast Guard Marine Safety 

Office Anchorage, 510 ‘‘L’’ Street, Suite 

100, Anchorage, AK 99501. Normal 

Office hours are 7:30 a.m. to 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: LT 

Meredith Gillman, Marine Safety Office 

Anchorage, at (907) 271–6700. 

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 and for 

making this regulation effective less 

than 30 days after its publication in the 

Federal Register. Any delay 

encountered in this regulation’s 

effective date would be contrary to 

public interest because immediate 

action is needed to prevent 

unauthorized vessel traffic from 

hindering salvage operations. 

The Coast Guard will terminate the 

zone when salvage operations are 

complete and the area adjacent to the 

grounded vessel is considered safe to 

vessel traffic. 

Background and Purpose 

The M/V SELENDANG AYU ran 

aground at a position of 53.634° N, 

167.125° W on December 9, 2004. The 

vessel then broke in half and discharged 

its fuel oil into the water. A marine 

salvor is removing sections of the wreck 

from the bow and stern sections of the 

grounded vessel, as well as from the 

adjacent shoreline. The safety zone is 

necessary to prevent unauthorized 

vessels from impeding salvage 

operations. 

Discussion of Rule 

The Unified Command, which is 

responding to the grounding of the M/ 

V Selendang Ayu, identified the safety 

zone in the area where subsequent 

salvage operations will be taking place. 

This area is defined by a circle centered 

at 53 degrees, 38 minutes North; 167 

degrees, 7 minutes, 20 seconds West 

with a radius of 750 yards. All 

coordinates reference Datum: NAD 

1983. 

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 cost 

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). The Coast Guard expects the 

economic impact of this rule to be so 

minimal that a full Regulatory 

Evaluation under paragraph 10(e) of 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. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70733 

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 will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the area defined by a circle centered at 

53 degrees, 38 minutes North; 167 

degrees, 7 minutes, 20 seconds West 

with a radius of 750 yards. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Vessel traffic 

transiting from the north to south side 

of Unalaska Island can pass safely 

around the safety zone. We will 

terminate the safety zone once salvage 

operations are complete and the area 

adjacent to the grounded vessel is 

considered safe for vessel traffic. The 

safety zone is not located in a navigable 

channel. 

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 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 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). A final 

‘‘Environmental Analysis Check List’’

and a final ‘‘Categorical Exclusion 

Determination’’ will be available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—[AMENDED] 

■ 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. From November 30, 2005 to 

October 31, 2006, amend temporary 

§ 165.T17–010 to read as follows: 

§ 165.T17–010 Safety Zone; Bering Sea, 

Aleutian Islands, Unalaska Island, AK. 

(a) Description. This safety zone is 

defined by a circle centered at 53 

degrees, 38 minutes North; 167 degrees, 

7 minutes, 20 seconds West with a 

radius of 750 yards. All coordinates 

reference Datum: NAD 1983. 

(b) Enforcement period. The safety 

zone in this section will be enforced 

from November 30, 2005 through 

October 31, 2006. 

(c) Regulations. (1) The Captain of the 

Port and the Duty Officer at Marine 

Safety Office, Anchorage, Alaska can be 

contacted at telephone number (907) 

271–6700. 

(2) The Captain of the Port may 

authorize and designate any Coast 

Guard commissioned, warrant, or petty 

officer to act on his behalf in enforcing 

the safety zone. 

(3) The general regulations governing 

safety zones contained in § 165.23 

apply. No person or vessel may enter or 

remain in this safety zone, with the 

exception of attending vessels, without 

first obtaining permission from the 

Captain of the Port or his on-scene 

representative. 

70734 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

Dated: November 10, 2005. 

M.R. DeVries, 

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

Port, Western Alaska. 

[FR Doc. 05–23235 Filed 11–22–05; 8:45 am] 

BILLING CODE 4910–15–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Parts 1190 and 1191 

[Docket No. 02–1] 

RIN 3014–AA26 

Americans With Disabilities Act (ADA) 

Accessibility Guidelines for Buildings 

and Facilities; Architectural Barriers 

Act (ABA) Accessibility Guidelines; 

Public Rights-of-Way 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice of availability of draft 

guidelines. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) has placed in the 

docket and on its Web site for public 

review draft guidelines which address 

accessibility in the public right-of-way. 

The draft guidelines are under 

consideration by the Board. The 

purpose of placing the draft guidelines 

in the docket is to facilitate gathering of 

additional information for the regulatory 

assessment and the preparation of 

technical assistance materials to 

accompany a future rule. The Board is 

not seeking comments on the draft 

guidelines. The Board will issue a 

notice of proposed rulemaking at a 

future date and will solicit comments at 

that time, prior to issuing a final rule. 

FOR FURTHER INFORMATION CONTACT: 

Scott Windley, Office of Technical and 

Information Services, Architectural and 

Transportation Barriers Compliance 

Board, 1331 F Street, NW., suite 1000, 

Washington, DC 20004–1111. 

Telephone number (202) 272–0025 

(voice); (202) 272–0082 (TTY). 

Electronic mail address: 

windley@access-board.gov. 

SUPPLEMENTARY INFORMATION: In 1999, 

the Architectural and Transportation 

Barriers Compliance Board (Access 

Board) established the Public Rights-ofWay Access Advisory Committee 

(Committee) to make recommendations 

on accessibility guidelines for newly 

constructed and altered public rights-ofway covered by the Americans with 

Disabilities Act of 1990 and the 

Architectural Barriers Act of 1968. The 

Committee was comprised of 

representatives from disability 

organizations, public works 

departments, transportation and traffic 

engineering groups, design professionals 

and civil engineers, pedestrian and 

bicycle organizations, Federal agencies, 

and standard-setting bodies. The 

Committee met on five occasions 

between December 1999 and January 

2001. On January 10, 2001, the 

Committee presented its 

recommendations on accessible public 

rights-of-way in a report entitled 

‘‘Building a True Community.’’ The 

Committee’s report provided 

recommendations on access to 

sidewalks, street crossings, and other 

related pedestrian facilities and 

addressed various issues and design 

constraints specific to public rights-ofway. The report is available on the 

Access Board’s Web site at http:// 

www.access-board.gov/prowac/ 

commrept/index.htm or can be ordered 

by calling the Access Board at (202) 

272–0080. Persons using a TTY should 

call (202) 272–0082. The report is 

available in alternate formats upon 

request. Persons who want a copy in an 

alternate format should specify the type 

of format (cassette tape, braille, large 

print, or ASCII disk). 

The Access Board convened an ad hoc 

committee of Board members to review 

the Committee’s recommendations. 

After reviewing the report in detail, the 

Board’s ad hoc committee prepared 

recommendations for guidelines 

addressing accessibility in the public 

right-of-way. On June 17, 2002, the 

Board made the recommendations of the 

ad hoc committee available for public 

comment and review by notice in the 

Federal Register (67 FR 41206). 

Over 1,400 comments were received 

from the public in response to the 

publication of the draft. Of this total, 

almost 900 comments were from 

persons with disabilities and groups 

representing them; the great 

preponderance of comments in this 

category came from people who 

indicated that they were blind or had 

low vision. Respondents from the 

transportation industry, including 

design engineers and consultants, 

submitted slightly over 200 comments. 

Another 100 were received from State 

and local government administrative 

agencies. Comments are posted on the 

Board’s Web site at http://www.accessboard.gov/prowac/comments/ 

index.htm. Further discussion of the 

comments received is available in the 

supplementary information 

accompanying the draft guidelines. 

The members of the Board’s ad hoc 

committee subsequently reviewed and 

considered the comments received in 

response to the 2002 Federal Register 

notice. The draft guidelines made 

available today on the Board’s Web site 

are the result of those deliberations. The 

Access Board is making the draft 

guidelines available in order to facilitate 

the gathering of additional information 

for a regulatory assessment prior to 

publishing a notice of proposed 

rulemaking and to assist in the 

development of technical assistance 

materials. The Board is not soliciting 

comments on the draft guidelines. The 

Board will solicit comments when a 

proposed rule is issued in conjunction 

with the regulatory assessment. The 

draft guidelines along with 

supplementary information have been 

placed in the rulemaking docket (Docket 

No. 02–1) for public review. The draft 

guidelines and supplementary 

information are also available on the 

Access Board’s Web site at http:// 

www.access-board.gov/prowac/ 

draft.htm. You may also obtain a copy 

of the draft guidelines and 

supplementary information by 

contacting the Access Board at (202) 

272–0080. Persons using a TTY should 

call (202) 272–0082. The documents are 

available in alternate formats upon 

request. Persons who want a copy in an 

alternate format should specify the type 

of format (cassette tape, braille, large 

print, or ASCII disk). 

Lawrence W. Roffee, 

Executive Director. 

[FR Doc. 05–23161 Filed 11–22–05; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R09–OAR–2005–CA–0006; FRL–7998–4] 

Revisions to the California State 

Implementation Plan, Imperial and 

Santa Barbara County Air Pollution 

Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Imperial County Air Pollution Control 

District (ICAPCD) and Santa Barbara 

County Air Pollution Control District 

(SBCAPCD) portions of the California 

State Implementation Plan (SIP). Under 

authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), we 

are approving local rules that are