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Federal Register / Vol. 71, No.

209 / Monday, October 30, 2006 / Rules and Regulations 63245

finishing companies may also prepare ADDRESSES: Documents indicated in this keep their cargo gear in their cradles as
hexavalent chromium solutions from the dry preamble as being available in the rigged for sea transits. This restriction
flakes prior to addition to the plating tanks. docket, are part of docket [CGD08–05– does not apply to the use of deck-
Respirators shall be worn during the period 016] and are available for inspection or mounted store cranes, deck booms, or
it takes to prepare these hexavalent
chromium mixtures and solutions whether
copying at U.S. Coast Guard D8, 500 stiff legs, nor is it intended to restrict
the activity is conducted at a chemical Poydras Street, New Orleans, Louisiana ships or ocean-going barges from
supplier or a metal finishing company. 70130–3396 between 8 a.m. and 4 p.m., moving manifold hoses.
(3) Hexavalent chromium tank cleaning. Monday through Friday, except Federal
Occasionally, the tanks used for chromium holidays. Discussion of Comments and Changes
plating may need to be emptied and cleaned. FOR FURTHER INFORMATION CONTACT: Four commenters stated that the
This process would involve the draining of Douglas Blakemore, Waterways
the solution and then the removal of any
Lower Kenner Bend Anchorage was
residues in the tank. Workers cleaning out
Management Branch, Eighth Coast important to the maritime industry and
these tanks may have to enter the tank or Guard District, 500 Poydras Street, New were concerned that the Coast Guard
reach into it to remove the residues. Orleans, LA 70130–3396. Telephone would completely remove Lower
Respirators (as well as other appropriate PPE) (504) 671–2109; facsimile (504) 671– Kenner Bend as an anchorage. We agree
shall be worn during the period it takes to 2137. Please cite CGD08–05–016. with this assessment and have no
clean the tanks and prepare them for use SUPPLEMENTARY INFORMATION: intentions to remove this anchorage.
again.
(4) Hexavalent chromium painting Regulatory Information Three commenters objected that this
operations. Some metal finishing operations rule does not address vessel size. Small
apply paints with higher concentrations of On April 27, 2005, we published a vessels would not be able to use their
hexavalent chromium to a line of parts, notice of proposed rulemaking (NPRM) cargo cranes even though the vessels
particularly for aerospace applications when entitled ‘‘Anchorage Regulations; maximum air draft with a completely
a high degree of corrosion protection is Mississippi River Below Baton Rouge, extended cargo crane would be
needed for critical product performance. LA, Including South and Southwest significantly lower than the minimum
Paints are generally applied in such Passes’’ in the Federal Register (70 FR height of 311 feet above mean sea level
operations with some type of spray 21698). We received 4 letters
mechanism or similar dispersion practice. In
needed for an aircrafts descending glide
commenting on this rule. A public slope path over Kenner Bend
some instances, it may be difficult to keep meeting was held at the Hale Boggs
workplace exposures below the PEL for such Anchorage. We recognize this
paint spraying activities. Respirators shall be
Federal Building, 500 Poydras Street, possibility; however, we feel that to
worn during such spray painting operations. New Orleans, LA on January 4, 2006 (70 maintain the consistent safety of
FR 76320, December 23, 2005). The descending airplanes over runway 1–19,
[FR Doc. 06–8971 Filed 10–27–06; 8:45 am] three comments from this public we need to restrict the use of cargo
BILLING CODE 4510–26–P meeting are included in this cranes for all vessels.
rulemaking.
Three commenters objected that this
Background and Purpose rule does not allow a vessel to take on
DEPARTMENT OF HOMELAND
Runway 1–19 at the Louis Armstrong ships stores, spare parts, supplies and
SECURITY
New Orleans International Airport is fuel. We modified the rule to
Coast Guard positioned in a north-south line running specifically address this issue. Vessels
parallel to the Airport Access Road. at anchor in the Lower Kenner Bend
33 CFR Part 110 Aircraft approaching the runway from Anchorage are allowed to use deck-
the south or departing the runway from mounted cranes, deck booms and stiff
[CGD08–05–016] the north pass over the Lower Kenner legs to take on stores, spare parts and to
Bend Anchorage. Officials from Louis move manifold hoses. However, cargo
RIN 1625–AA01 hold booms may not be used. In
Armstrong New Orleans International
Airport have stated that due to the close implementing changes from the
Anchorage Regulations; Mississippi proposed rule based on comments, we
River Below Baton Rouge, LA, proximity of Runway 1–19 to Kenner
Bend, aircraft occasionally descend and added a new paragraph to 33 CFR
Including South and Southwest Passes 110.195 instead of revising paragraph
ascend directly over vessels anchored in
AGENCY: Coast Guard, DHS. the Lower Kenner Bend Anchorage, (c)(6).
ACTION: Final rule. creating a potentially dangerous Regulatory Evaluation
situation that is of particular concern
SUMMARY: The Coast Guard has during periods of reduced visibility. This rule is not a significant
amended anchorage regulations for the Aircraft approaching the runway from regulatory action under section 3(f) of
Mississippi River below Baton Rouge, the south follow a descending glide Executive Order 12866, Regulatory
LA, including South and Southwest slope path with a minimum height of Planning and Review, and does not
Passes, in order to improve safety at the 311 feet above mean sea level over the require an assessment of potential costs
Lower Kenner Bend Anchorage. This Kenner Bend Anchorage. Certain vessels and benefits under section 6(a)(3) of that
rule is needed to protect aircraft with cargo handling equipment such as Order. The Office of Management and
passengers and crew, mariners and the cranes and booms are capable of Budget has not reviewed it under that
public from the potential safety hazards extending this equipment to a height Order. It is not significant under the
associated with the ascent and descent upwards of 300 feet above the waterline. regulatory policies and procedures of
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of aircraft over vessels anchored in the This amendment to the anchorage the Department of Homeland Security
vicinity of the Louis Armstrong New regulations for the Mississippi River (DHS). We expect the economic impact
Orleans International Airport, New below Baton Rouge, LA, including of this rule to be so minimal that a full
Orleans, LA. South and Southwest Passes prohibits Regulatory Evaluation under the
DATES: This rule is effective November vessels from using ship’s hold cargo regulatory policies and procedures of
29, 2006. cranes. Vessels in this anchorage must DHS is unnecessary.

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63246 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations

Small Entities determined that it does not have has not designated it as a significant
Under the Regulatory Flexibility Act implications for federalism. energy action. Therefore, it does not
(5 U.S.C. 601–612), we have considered require a Statement of Energy Effects
Unfunded Mandates Reform Act
whether this rule has a significant under Executive Order 13211.
economic impact on a substantial The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Technical Standards
number of small entities. The term small
entities comprises small businesses, not- Federal agencies to assess the effects of The National Technology Transfer
for-profit organizations that are their discretionary regulatory actions. In and Advancement Act (NTTAA) (15
independently owned and operated and particular, the Act addresses actions U.S.C. 272 note) directs agencies to use
are not dominant in their fields, and that may result in the expenditure by a voluntary consensus standards in their
governmental jurisdictions with State, local, or tribal government, in the regulatory activities unless the agency
populations of less than 50,000. aggregate, or by the private sector of provides Congress, through the Office of
The Coast Guard certifies under 5 $100,000,000 or more in any one year. Management and Budget, with an
U.S.C. 605(b) that this rule does not Though this rule does not result in such explanation of why using these
have a significant economic impact on expenditure, we do discuss the effects of standards would be inconsistent with
a substantial number of small entities. this rule elsewhere in this preamble. applicable law or otherwise impractical.
This rule affects the following entities, Voluntary consensus standards are
Taking of Private Property
some of which may be small entities: technical standards (e.g., specifications
The owners or operators of vessels This rule does not affect a taking of of materials, performance, design, or
intending to anchor in the Lower private property or otherwise have operation; test methods; sampling
Kenner Bend Anchorage. This rule does taking implications under Executive procedures; and related management
not have a significant economic impact Order 12630, Governmental Actions and systems practices) that are developed or
on a substantial number of small entities Interference with Constitutionally adopted by voluntary consensus
for the following reasons: (1) This rule Protected Property Rights. standards bodies.
does not prohibit vessels from Civil Justice Reform This rule does not use technical
anchoring in the Lower Kenner Bend standards. Therefore, we did not
Anchorage; and (2) Cargo transfer This rule meets applicable standards consider the use of voluntary consensus
operations are not typically conducted in sections 3(a) and 3(b)(2) of Executive standards.
at the Lower Kenner Bend Anchorage. Order 12988, Civil Justice Reform, to
minimize litigation, eliminate Environment
If you think that your business,
organization, or governmental ambiguity, and reduce burden. We have analyzed this rule under
jurisdiction qualifies as a small entity Protection of Children Commandant Instruction M16475.lD,
and that this rule has a significant which guides the Coast Guard in
economic impact on it, please submit a We have analyzed this rule under complying with the National
comment (see ADDRESSES) explaining Executive Order 13045, Protection of Environmental Policy Act of 1969
why you think it qualifies and how and Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and
to what degree this rule economically Risks and Safety Risks. This rule is not have concluded that there are no factors
affects it. an economically significant rule and in this case that would limit the use of
would not create an environmental risk a categorical exclusion under section
Assistance for Small Entities to health or risk to safety that might 2.B.2 of the Instruction. Therefore, this
Under section 213(a) of the Small disproportionately affect children. rule is categorically excluded, under
Business Regulatory Enforcement Indian Tribal Governments figure 2–1, paragraph (34)(f), of the
Fairness Act of 1996 (Pub. L. 104–121), Instruction, from further environmental
we want to assist small entities in This rule does not have tribal documentation because this rule is not
understanding this rule so that they can implications under Executive Order expected to result in any significant
better evaluate its effects on them and 13175, Consultation and Coordination adverse environmental impact as
participate in the rulemaking. If the rule with Indian Tribal Governments, described in the National
affects your small business, because it would not have a substantial Environmental Policy Act of 1969
organization, or governmental direct effect on one or more Indian (NEPA). A draft Environmental Analysis
jurisdiction and you have questions tribes, on the relationship between the Check List and a draft Categorical
concerning its provisions or options for Federal Government and Indian tribes, Exclusion Determination are available
compliance, please contact Doug or on the distribution of power and in the docket where indicated under
Blakemore at (504) 671–2109. responsibilities between the Federal ADDRESSES. Comments on this section
Government and Indian tribes. will be considered before we make the
Collection of Information
Energy Effects final decision on whether the rule
This rule calls for no new collection should be categorically excluded from
of information under the Paperwork We have analyzed this rule under
further environmental review.
Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions
3520). Concerning Regulations That List of Subjects in 33 CFR Part 110
Significantly Affect Energy Supply, Anchorage grounds.
Federalism Distribution, or Use. We have
A rule has implications for federalism determined that it is not a significant ■ For the reasons discussed in the
under Executive Order 13132, energy action under that Order because preamble, the Coast Guard amends 33
CFR part 110 as follows:
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Federalism, if it has a substantial direct it is not a significant regulatory action


effect on State or local governments and under Executive Order 12866 and is not PART 110—ANCHORAGE
would either preempt State law or likely to have a significant adverse effect REGULATIONS
impose a substantial direct cost of on the supply, distribution, or use of
compliance on them. We have analyzed energy. The Administrator of the Office ■ 1. The authority citation for part 110
this rule under that Order and have of Information and Regulatory Affairs continues to read as follows:

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Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations 63247

Authority: 33 U.S.C. 471, 1221 through the circumvention of technological circumvention, Literary works,
1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g); measures that control access to works Recordings, Satellites.
Department of Homeland Security Delegation protected by copyright. It also provides
No. 0170.1. Interim Regulation
that every three years, the Register of
■ 2. In § 110.195, redesignate paragraph Copyrights is to conduct a rulemaking ■ For the reasons set forth in the
(c)(7) as (c)(8) and add a new paragraph proceeding to determine whether users preamble, 37 CFR part 201 is amended
(c)(7) to read as follows: of particular classes of copyrighted as follows:
works are, or in the next three years are
§ 110.195 Mississippi River below Baton likely to be, adversely affected by that PART 201—GENERAL PROVISIONS
Rouge, LA, including South and Southwest prohibition in their ability to make
Passes. ■ 1. The authority citation for part 201
noninfringing uses of copyrighted continues to read as follows:
* * * * * works. That determination is made by
(c) * * * Authority: 17 U.S.C. 702.
the Librarian of Congress upon the
(7) Vessels anchored in the Lower recommendation of the Register of § 201.40 [Amended]
Kenner Bend Anchorage are prohibited Copyrights. Section 1201(a)(1)(D) ■ 2. Section 201.40(b) introductory text
from using or exercising the ship’s hold provides that ‘‘The Librarian shall is amended by removing ‘‘from October
cargo cranes. Vessels in this anchorage publish any class of copyrighted works 28, 2003, through October 27, 2006,’’
must keep the ship’s hold cargo gear in for which the Librarian has determined, and adding in its place ‘‘commencing
the down and hawsed position, as pursuant to the rulemaking conducted October 28, 2003,’’.
rigged for sea transits. Deck-mounted under subparagraph (C), that
cranes, deck booms and stiff legs may be Dated: October 25, 2006.
noninfringing uses by persons who are
used to take on ships stores and spare users of a copyrighted work are, or are James H. Billington,
parts and may be used to move manifold likely to be, adversely affected, and the Librarian of Congress.
hoses. prohibition contained in subparagraph [FR Doc. E6–18239 Filed 10–27–06; 8:45 am]
* * * * * (A) shall not apply to such users with BILLING CODE 1410–30–S

Dated: October 11, 2006. respect to such class of works for the
J.R. Whitehead,
ensuing 3–year period.’’
The Register of Copyrights is ENVIRONMENTAL PROTECTION
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
conducting the third of these triennial AGENCY
rulemaking proceedings and is in the
[FR Doc. E6–18086 Filed 10–27–06; 8:45 am] 40 CFR Part 52
final stages of making her
BILLING CODE 4910–15–P
recommendation to the Librarian of [EPA–R06–OAR–2005–LA–0003; FRL–8234–
Congress. The rulemaking conducted in 8]
2003 identified four classes of works to
LIBRARY OF CONGRESS be subject to exemption from the Approval and Promulgation of
prohibition on circumvention for the Implementation Plans; Louisiana;
Copyright Office period beginning October 28, 2003, and Transportation Conformity
ending October 27, 2006. Because the AGENCY: Environmental Protection
37 CFR Part 201 Register will not be able to present her Agency (EPA).
[Docket No. RM 2005–11] recommendation to the Librarian of
ACTION: Direct final rule.
Congress before October 27, it is
Exemption to Prohibition on necessary to extend the effective dates SUMMARY: EPA is taking direct final
Circumvention of Copyright Protection of the existing regulation identifying action approving a State
Systems for Access Control those classes of works until the time Implementation Plan (SIP) revision
Technologies that the Librarian acts upon the submitted by the State of Louisiana on
recommendation of the Register. It is May 13, 2005. This revision serves to
AGENCY: Copyright Office, Library of
anticipated that this extension will be in incorporate recent changes to the
Congress.
effect for no more than a few weeks. Federal conformity rule into the State
ACTION: Interim Rule. Accordingly, the Register of conformity SIP. We are approving this
SUMMARY: The Librarian of Congress is
Copyrights recommends to the Librarian SIP revision in accordance with section
extending, on an interim basis, the of Congress that the existing regulation, 176 and part D of the Clean Air Act.
existing classes of works with respect to codified at 37 CFR 201.40(b), be DATES: This rule is effective on
which the prohibition against amended on an interim basis to strike December 29, 2006 without further
circumvention of technological the reference to the October 27, 2006, notice, unless EPA receives relevant
measures that effectively control access termination date for the list of classes of adverse comment by November 29,
to copyrighted works shall not apply to works identified in the regulation. 2006. If EPA receives such comment,
persons who engage in noninfringing Dated: October 25, 2006 EPA will publish a timely withdrawal in
uses. Marybeth Peters the Federal Register informing the
public that this rule will not take effect.
DATES: Effective Date: October 28, 2006. Register of Copyrights
ADDRESSES: Submit your comments,
FOR FURTHER INFORMATION CONTACT: The Librarian of Congress accepts the identified by Docket No. EPA–R06–
David Carson, General Counsel, recommendation of the Register of OAR–2005–LA–0003, by one of the
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Copyright Office, GC/I&R, P.O. Box Copyrights and adopts the following following methods:
70400, Southwest Station, Washington, interim rule. • Federal eRulemaking Portal: http://
DC 20024. Telephone: (202) 707–8380. www.regulations.gov. Follow the on-line
Telefax: (202) 707–8366. List of Subjects in 37 CFR Part 201
instructions for submitting comments.
SUPPLEMENTARY INFORMATION: Section Cable television, Copyright, • EPA Region 6 ‘‘Contact Us’’ Web
1201(a)(1) of the copyright law prohibits Exemptions to prohibition against site: http://epa.gov/region6/

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