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69514 Federal Register / Vol. 71, No.

231 / Friday, December 1, 2006 / Proposed Rules

This does not preclude the possibility, • The Department requests that issues for which the Department seeks
however, that unforeseen, intermittent commenters submit information on the commentary.
FMLA leave may be a significant factors contributing to large portions of
Victoria A. Lipnic,
problem for some employers. The the work force in some facilities taking
unexpected absence of certain unscheduled, intermittent FMLA leave. Assistant Secretary for Employment
Finally, the problems associated with Standards.
employees may create problems in the
workplace. For example, an employees taking unscheduled, Paul DeCamp,
unannounced absence can cause other intermittent FMLA leave may be related Administrator, Wage and Hour Division.
workers or equipment to be idled. An to the salaried or hourly-pay status of [FR Doc. 06–9489 Filed 11–30–06; 8:45 am]
unannounced absence can result in lost the employees. Anecdotal reports BILLING CODE 4510–27–P
business or performance penalties to be indicate that employers do not appear to
imposed upon the employer. It is have problems when workers who are
noteworthy that the two industries with salaried and exempt from the Fair Labor
DEPARTMENT OF HOMELAND
the highest FMLA costs in the 2004 Standards Act (‘‘FLSA’’) under 29 CFR
SECURITY
Employment Policy Foundation (‘‘EPF’’) part 541 take small blocks of
survey were transportation (an industry unscheduled, intermittent FMLA leave Coast Guard
which has performance penalties) and so long as these workers complete their
telecommunications (an industry where work. In fact, some employers may not 33 CFR Part 165
quality of service agreements are even record absences of a couple hours
common).30 Anecdotal reports also or less because of the scheduling [CGD05–06–104]
indicate that some employers schedule flexibility typically afforded to salaried
workers, and because the absences often RIN 1625–AA87
extra workers for some positions to
avoid the negative impacts of have no impact on such workers’ pay or
Security Zone; Chesapeake Bay,
unforeseen, intermittent leave. productivity. Employers report they
Between Sandy Point and Kent Island,
• The Department also requests have both administrative and
MD
comment on the impact that production problems when non-exempt
unscheduled, intermittent leave has on (typically hourly-paid) workers take AGENCY: Coast Guard, DHS.
productivity and profits. unscheduled, intermittent FMLA leave, ACTION: Notice of proposed rulemaking.
There is some indication that the use especially when these workers do not
of unscheduled, intermittent FMLA notify their employers that they are not SUMMARY: The Coast Guard is proposing
leave is not evenly distributed across coming to work at their scheduled to establish a permanent security zone
employers or even across the facilities of reporting time. Unlike salaried on the waters of the Chesapeake Bay,
a given employer. Rather, it may be employees, many non-exempt within 250 yards north of the north span
concentrated in some facilities and only employees may not be paid when they and 250 yards south of the south span
becomes a problem for employers when take unscheduled, intermittent FMLA of the William P. Lane Jr. Memorial
the portion of workers taking leave. Bridge, located between Sandy Point
unscheduled, intermittent FMLA leave • The Department requests that and Kent Island, Maryland. This action
in a given facility or operation exceeds commenters submit information related is necessary to provide for the security
some critical point. to the different treatment of FLSA of a large number of participants during
exempt and nonexempt employees the annual Bay Bridge Walk across the
Some believe that the apparent
taking unscheduled, intermittent FMLA William P. Lane Jr. Memorial Bridge,
concentration of workers taking
leave. held annually on the first Sunday in
unscheduled, intermittent FMLA leave • The Department also requests
may be due to poor management or May. The security zone will allow for
information on the different impact the control of vessels or persons within a
other labor-relations problems. Others leave taking by FLSA exempt and
believe that as more and more workers specified area of the Chesapeake Bay
nonexempt employees may have on the and safeguard the public at large.
in a particular facility take unscheduled workers who are taking leave and their
leave, the likelihood that the remaining DATES: Comments and related material
employers. must reach the Coast Guard on or before
workers will become sick or injured and
begin to take FMLA leave also increases. I. Additional Questions Related to the March 1, 2007.
See, e.g., Workers’ Compensation and Coverage Estimates and Their Impacts ADDRESSES: You may mail comments
Family and Medical Leave Act Claim • The Department requests public and related material to Commander,
Contagion.31 comment on the estimates and the Coast Guard Sector Baltimore, 2401
• The Department requests that methodology used to produce these Hawkins Point Road, Building 70,
commenters submit information on the estimates, including any available Waterways Management Division,
concentration of workers taking information that can be used to improve Baltimore, Maryland 21226–1791. Coast
unscheduled, intermittent FMLA leave the estimates of the impact that FMLA Guard Sector Baltimore, Waterways
in specific industries and employers. leave has on employers and employees. Management Division, maintains the
public docket for this rulemaking.
30 Mulvey, Janemarie, ‘‘The Cost and
IV. Conclusion Comments and material received from
Characteristics of Family and Medical Leave,’’ The Department invites interested the public, as well as documents
Employment Policy Foundation Issue Backgrounder parties having knowledge of the FMLA indicated in this preamble as being
(Apr. 19, 2005). But see Institute for Women’s
to submit comments and welcomes any available in the docket, will become part
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Policy Research, ‘‘Assessing the Family and


Medical Leave Act: An Analysis of an Employment pertinent information that will provide of this docket and will be available for
Policy Foundation Paper on Costs (June 29, 2005). a basis for ascertaining the effectiveness inspection or copying at Coast Guard
31 Gardner, Harold H., Kleinman, Nathan L., and
of the current implementing regulations Sector Baltimore, Waterways
Butler, Richard J., Workers’ Compensation and
Family and Medical Leave Act Claim Contagion,
and the Department’s administration of Management Division, between 8 a.m.
Journal of Risk and Uncertainty, Volume 20, Jan. the Act. The issues posed in this notice and 3 p.m., Monday through Friday,
2000, at 89–112. are not meant to be an exclusive list of except Federal holidays.

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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules 69515

FOR FURTHER INFORMATION CONTACT: Mr. concerns during the highly-publicized reviewed it under that Order. It is not
Ronald Houck, at Coast Guard Sector public event, and to take steps to ‘‘significant’’ under the regulatory
Baltimore, Waterways Management prevent the catastrophic impact that a policies and procedures of the
Division, at telephone number (410) terrorist attack against a large number of Department of Homeland Security
576–2674 or (410) 576–2693. participants during the annual Bay (DHS).
SUPPLEMENTARY INFORMATION: Bridge Walk would have on the public We expect the economic impact of
interest, the Captain of the Port, this proposed rule to be so minimal that
Request for Comments Baltimore, Maryland proposes to a full Regulatory Evaluation under the
We encourage you to participate in establish a security zone upon all waters regulatory policies and procedures of
this rulemaking by submitting of the Chesapeake Bay, within 250 yards DHS is unnecessary.
comments and related material. If you north of the north (westbound) span of The operational restrictions of the
do so, please include your name and the William P. Lane Jr. Memorial Bridge, security zone are tailored to provide the
address, identify the docket number for and 250 yards south of the south minimal disruption of vessel operations
this rulemaking (CGD05–06–104), (eastbound) span of the William P. Lane necessary to provide immediate,
indicate the specific section of this Jr. Memorial Bridge, from the western improved security for persons, vessels,
document to which each comment shore at Sandy Point to the eastern and the waters of the Chesapeake Bay,
applies, and give the reason for each shore at Kent Island, Maryland. This within 250 yards of the William P. Lane
comment. Please submit all comments security zone will help the Coast Guard Jr. Memorial Bridge, located between
and related material in an unbound to prevent vessels or persons from Sandy Point and Kent Island, Maryland.
format, no larger than 81⁄2 by 11 inches, engaging in terrorist actions against a Additionally, this security zone is
suitable for copying. If you would like large number of participants during the temporary in nature and any hardships
to know they reached us, please enclose event. Due to these heightened security experienced by persons or vessels are
a stamped, self-addressed postcard or concerns and the catastrophic impact a outweighed by the national interest in
envelope. We will consider all terrorist attack on the Chesapeake Bay protecting the public at large from the
comments and material received during Bridge during the annual Bay Bridge devastating consequences of acts of
the comment period. We may change Walk would have on the large number terrorism, and from sabotage or other
this proposed rule in view of them. of participants, and the surrounding subversive acts, accidents, or other
area and communities, a security zone causes of a similar nature.
Public Meeting
is prudent for this type of event. Small Entities
We do not now plan to hold a public
meeting. But you may submit a request Discussion of Proposed Rule Under the Regulatory Flexibility Act
for a meeting by writing to Coast Guard Each spring on the first Sunday in (5 U.S.C. 601–612), we have considered
Sector Baltimore, Waterways May, the Maryland Transportation whether this proposed rule would have
Management Division, at the address Authority closes the eastbound span of a significant economic impact on a
under ADDRESSES explaining why one the William P. Lane Jr. Memorial Bridge substantial number of small entities.
would be beneficial. If we determine (also known as the Chesapeake Bay The term ‘‘small entities’’ comprises
that one would aid this rulemaking, we Bridge) to vehicular traffic to allow small businesses, not-for-profit
will hold one at a time and place pedestrians to participate in the 4.3-mile organizations that are independently
announced by a later notice in the Bay Bridge Walk across the bridge. The owned and operated and are not
Federal Register. event takes place from Sandy Point dominant in their fields, and
State Park in Anne Arundel County, governmental jurisdictions with
Background and Purpose populations of less than 50,000.
Maryland at 9 a.m. local time and
The ongoing hostilities in Afghanistan consists of an estimated 50,000 The Coast Guard certifies under 5
and Iraq have made it prudent for U.S. participants walking across the U.S.C. 605(b) that this proposed rule
ports and waterways to be on a higher Chesapeake Bay Bridge to Kent Island, would not have a significant economic
state of alert because the al Qaeda in Queen Anne’s County, Maryland. The impact on a substantial number of small
organization and other similar Bay Bridge Walk will be canceled in the entities: The owners or operators of
organizations have declared an ongoing event of rain, high winds or extreme vessels intending to operate, remain or
intention to conduct armed attacks on weather. Vessels underway at the time anchor within 250 yards of the William
U.S. interests worldwide. Due to this security zone is enforced will P. Lane Jr. Memorial Bridge, located
increased awareness that future terrorist immediately proceed out of the zone. between Sandy Point and Kent Island,
attacks are possible, the Coast Guard, as We will issue Broadcast Notices to Maryland. This security zone will not
lead federal agency for maritime Mariners to further publicize the have a significant economic impact on
homeland security, has determined that security zone. This security zone is a substantial number of small entities
the Captain of the Port Baltimore must necessary to prevent vessels or persons because vessels transiting through the
have the means to be aware of, deter, from entering or remaining in the waters security zone without loitering may be
detect, intercept, and respond to of the Chesapeake Bay 250 yards from permitted to do so, and those with
asymmetric threats, acts of aggression, each span of the William P. Lane Jr. compelling interests that outweigh the
and attacks by terrorists on the Memorial Bridge. port’s security needs may be granted
American homeland while still waivers from the requirements of the
maintaining our freedoms and Regulatory Evaluation security zone. Before the effective
sustaining the flow of commerce. This This proposed rule is not a period, we would issue maritime
‘‘significant regulatory action’’ under
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security zone is part of a comprehensive advisories widely available to users of


port security regime designed to section 3(f) of Executive Order 12866, the Chesapeake Bay.
safeguard human life, vessels, and Regulatory Planning and Review, and If you think that your business,
waterfront facilities against sabotage or does not require an assessment of organization, or governmental
terrorist attacks. potential costs and benefits under jurisdiction qualifies as a small entity
In this particular rulemaking, to section 6(a)(3) of that Order. The Office and that this rule would have a
address the aforementioned security of Management and Budget has not significant economic impact on it,

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69516 Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules

please submit a comment (see Civil Justice Reform adopted by voluntary consensus
ADDRESSES) explaining why you think it standards bodies.
This proposed rule meets applicable
qualifies and how and to what degree This proposed rule does not use
standards in sections 3(a) and 3(b)(2) of
this rule would economically affect it. technical standards. Therefore, we did
Executive Order 12988, Civil Justice
not consider the use of voluntary
Assistance for Small Entities Reform, to minimize litigation,
consensus standards.
eliminate ambiguity, and reduce
Under section 213(a) of the Small burden. Environment
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104– Protection of Children We have analyzed this proposed rule
121), we want to assist small entities in under Commandant Instruction
We have analyzed this proposed rule M16475.lD and Department of
understanding this proposed rule so that under Executive Order 13045,
they can better evaluate its effects on Homeland Security Management
Protection of Children from Directive 5100.1, which guide the Coast
them and participate in the rulemaking. Environmental Health Risks and Safety
If the rule would affect your small Guard in complying with the National
Risks. This rule is not an economically Environmental Policy Act of 1969
business, organization, or governmental significant rule and would not create an
jurisdiction and you have questions (NEPA) (42 U.S.C. 4321–4370f), and
environmental risk to health or risk to have made a preliminary determination
concerning its provisions or options for safety that might disproportionately
compliance, please contact Mr. Ronald that there are no factors in this case that
affect children. would limit the use of a categorical
L. Houck, at Coast Guard Sector
Baltimore, Waterways Management Indian Tribal Governments exclusion under section 2.B.2 of the
Branch, at telephone number (410) 576– Instruction. Therefore, we believe that
This proposed rule does not have
2674. The Coast Guard will not retaliate this rule should be categorically
tribal implications under Executive
against small entities that question or excluded, under figure 2–1, paragraph
Order 13175, Consultation and
complain about this rule or any policy (34)(g), of the Instruction, from further
Coordination with Indian Tribal
or action of the Coast Guard. environmental documentation because
Governments, because it would not have
this rulemaking is a security zone. A
Collection of Information a substantial direct effect on one or
draft ‘‘Environmental Analysis Check
more Indian tribes, on the relationship
List’’ and a draft ‘‘Categorical Exclusion
This proposed rule would call for no between the Federal Government and
Determination’’ (CED) are available in
new collection of information under the Indian tribes, or on the distribution of
the docket where indicated under
Paperwork Reduction Act of 1995 (44 power and responsibilities between the
ADDRESSES. Comments on this section
U.S.C. 3501–3520). Federal Government and Indian tribes.
will be considered before we make the
Federalism Energy Effects final decision on whether the rule
We have analyzed this proposed rule should be categorically excluded from
A rule has implications for federalism further environmental review.
under Executive Order 13211, Actions
under Executive Order 13132,
Concerning Regulations That List of Subjects in 33 CFR Part 165
Federalism, if it has a substantial direct
Significantly Affect Energy Supply, Harbors, Marine safety, Navigation
effect on State or local governments and
Distribution, or Use. We have (water), Reporting and recordkeeping
would either preempt State law or
determined that it is not a ‘‘significant requirements, Security measures,
impose a substantial direct cost of
energy action’’ under that order because Waterways.
compliance on them. We have analyzed
it is not a ‘‘significant regulatory action’’
this proposed rule under that Order and For the reasons discussed in the
under Executive Order 12866 and is not
have determined that it does not have preamble, the Coast Guard proposes to
likely to have a significant adverse effect
implications for federalism. amend 33 CFR part 165 as follows:
on the supply, distribution, or use of
Unfunded Mandates Reform Act energy. The Administrator of the Office
PART 165—REGULATED NAVIGATION
of Information and Regulatory Affairs
The Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS
has not designated it as a significant
of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not 1. The authority citation for part 165
Federal agencies to assess the effects of require a Statement of Energy Effects continues to read as follows:
their discretionary regulatory actions. In under Executive Order 13211.
particular, the Act addresses actions Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Technical Standards Chapter 701; 50 U.S.C. 191, 195; 33 CFR
that may result in the expenditure by a 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
State, local, or tribal government, in the The National Technology Transfer 107–295, 116 Stat. 2064; Department of
aggregate, or by the private sector of and Advancement Act (NTTAA) (15 Homeland Security Delegation No. 0170.1.
$100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use
Though this proposed rule would not 2. Add § 165.507 to read as follows:
voluntary consensus standards in their
result in such an expenditure, we do regulatory activities unless the agency § 165.507 Security Zone; Chesapeake Bay,
discuss the effects of this rule elsewhere provides Congress, through the Office of between Sandy Point and Kent Island, MD.
in this preamble. Management and Budget, with an (a) Definitions. (1) The Captain of the
Taking of Private Property explanation of why using these Port, Baltimore, Maryland means the
standards would be inconsistent with Commander, Coast Guard Sector
This proposed rule would not effect a applicable law or otherwise impractical.
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Baltimore, Maryland or any Coast Guard


taking of private property or otherwise Voluntary consensus standards are commissioned, warrant, or petty officer
have taking implications under technical standards (e.g., specifications who has been authorized by the Captain
Executive Order 12630, Governmental of materials, performance, design, or of the Port, Baltimore, Maryland to act
Actions and Interference with operation; test methods; sampling on his or her behalf.
Constitutionally Protected Property procedures; and related management (b) Location. The following area is a
Rights. systems practices) that are developed or security zone: All waters of the

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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Proposed Rules 69517

Chesapeake Bay, from the surface to the SUMMARY: The Coast Guard proposes to under ADDRESSES explaining why one
bottom, within 250 yards north of the establish a permanent security zone on would be beneficial. If we determine
north (westbound) span of the William the waters of the upper Potomac River. that one would aid this rulemaking, we
P. Lane Jr. Memorial Bridge, and 250 This action is necessary to provide for will hold one at a time and place
yards south of the south (eastbound) the security of a large number of visitors announced by a separate notice in the
span of the William P. Lane Jr. to the annual July 4th celebration on the Federal Register.
Memorial Bridge, from the western National Mall in Washington, DC. The
Background and Purpose
shore at Sandy Point to the eastern security zone will allow for control of a
shore at Kent Island, Maryland. designated area of the river and Due to increased awareness that
(c) Regulations. (1) All persons are safeguard spectators and high-ranking future terrorist attacks are possible,
required to comply with the general officials. including continued threats against U.S.
regulations governing security zones interests by Al-Queda and other terrorist
DATES: Comments and related material
found in § 165.33 of this part. organizations, the Coast Guard as lead
must reach the Coast Guard on or before
(2) Entry into or remaining in this federal agency for maritime homeland
March 1, 2007.
zone is prohibited unless authorized by security has determined that the Captain
the Coast Guard Captain of the Port, ADDRESSES: You may mail comments of the Port Baltimore must have the
Baltimore, Maryland. and related material to Commander, means to be aware of, deter, detect,
(3) Persons or vessels requiring entry Coast Guard Sector Baltimore, 2401 intercept, and respond to asymmetric
into or passage through the security Hawkins Point Road, Building 70, threats, acts of aggression, and attacks
zone must first request authorization Waterways Management Division, by terrorists on the American homeland
from the Captain of the Port, Baltimore Baltimore, Maryland 21226–1791. Coast while still maintaining our freedoms
to seek permission to transit the area. Guard Sector Baltimore, Waterways and sustaining the flow of commerce.
The Captain of the Port, Baltimore, Management Division, maintains the This security zone is part of a
Maryland can be contacted at telephone public docket for this rulemaking. comprehensive port security regime
number (410) 576–2693. The Coast Comments and material received from designed to safeguard human life,
Guard vessels enforcing this section can the public, as well as documents vessels, and waterfront facilities against
be contacted on VHF Marine Band indicated in this preamble as being sabotage or terrorist attacks.
Radio, VHF channel 16 (156.8 MHz). available in the docket, will become part In this particular rulemaking, to
Upon being hailed by a U.S. Coast of this docket and will be available for address the aforementioned security
Guard vessel by siren, radio, flashing inspection or copying at Coast Guard concerns, and to take steps to prevent
light, or other means, the operator of a Sector Baltimore, Waterways the catastrophic impact that a terrorist
vessel shall proceed as directed. If Management Division, between 8 a.m. attack against a large number of
permission is granted, all persons and and 3 p.m., Monday through Friday, spectators and high-ranking officials
vessels must comply with the except Federal holidays. during the annual July 4th celebration
instructions of the Captain of the Port, FOR FURTHER INFORMATION CONTACT: Mr. would have on the public interest, the
Baltimore, Maryland and proceed at the Ronald Houck, at Coast Guard Sector Coast Guard is proposing to establish a
minimum speed necessary to maintain a Baltimore, Waterways Management security zone upon all waters of the
safe course while within the zone. Division, at telephone number (410) Georgetown Channel of the Potomac
(d) Enforcement. The U.S. Coast 576–2674 or (410) 576–2693. River, from the surface to the bottom, 75
Guard may be assisted in the patrol and SUPPLEMENTARY INFORMATION: yards from the eastern shore measured
enforcement of the zone by Federal, perpendicularly to the shore, between
State, and local agencies. Request for Comments the Long Railroad Bridge (the most
(e) Enforcement period. This section We encourage you to participate in eastern bridge of the 5-span, Fourteenth
will be enforced annually on the first this rulemaking by submitting Street Bridge Complex) to the Theodore
Sunday in May from 7 a.m. to 5 p.m. comments and related material. If you Roosevelt Memorial Bridge and all
local time. do so, please include your name and waters in between, totally including the
Dated: November 6, 2006. address, identify the docket number for waters of the Georgetown Channel Tidal
Jonathan C. Burton, this rulemaking (CGD05–06–105), Basin. This security zone will help the
Commander, U.S. Coast Guard, Acting indicate the specific section of this Coast Guard to prevent vessels or
Captain of the Port, Baltimore, Maryland. document to which each comment persons from engaging in terrorist
[FR Doc. E6–19677 Filed 11–30–06; 8:45 am] applies, and give the reason for each actions against a large number of
BILLING CODE 4910–15–P
comment. Please submit all comments spectators and high-ranking officials
and related material in an unbound during the annual July 4th celebration.
format, no larger than 81⁄2 by 11 inches, Due to these heightened security
DEPARTMENT OF HOMELAND suitable for copying. If you would like concerns, and the catastrophic impact a
SECURITY to know that your submission reached terrorist attack on the National Mall in
us, please enclose a stamped, self- Washington, DC during the annual July
Coast Guard addressed postcard or envelope. We will 4th celebration would have on the large
consider all comments and material number of spectators and high-ranking
33 CFR Part 165 received during the comment period. officials, as well as the surrounding area
[CGD05–06–105]
We may change this proposed rule in and communities, a security zone is
view of them. prudent for this type of event.
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RIN 1625–AA87
Public Meeting Discussion of Proposed Rule
Security Zone; Georgetown Channel, We do not now plan to hold a public It is very likely that hundreds of
Potomac River, Washington, DC meeting. But you may submit a request thousands of visitors will attend the July
AGENCY: Coast Guard, DHS. for a meeting by writing to Coast Guard 4th celebration on the National Mall in
Sector Baltimore, Waterways Washington, DC. The Captain of the
ACTION: Notice of proposed rulemaking.
Management Division, at the address Port, Baltimore, Maryland proposes to

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