Special Local Regulations for Marine Events; Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD, 4669-4671 [E7-1613]
Download as PDF
Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules
Models 208 or 208B POH and FAA-approved
AFM, and replace the text in the KNOWN
ICING EQUIPMENT SUPPLEMENT S1 under
the ‘‘MINIMUM SPEED IN ICING
CONDITIONS’’ paragraph with the following
text. This may be done by inserting a copy
of this AD into the POH/AFM:
‘‘Minimum airspeed in icing conditions,
for all flight phases including approach,
except takeoff and landing:
Flaps up: 120 KIAS
Flaps 10°: 105 KIAS
Flaps 20°: 95 KIAS
Exception for flaps up: when climbing to
exit icing conditions airspeed can be reduced
to 110 KIAS minimum.
Flaps must be extended during all phases
(takeoff and landing included) at airspeeds
below 110 KIAS, except adhere to published
AFM procedures when operating with
ground deicing/anti-icing fluid applied.
WARNING
The aural stall warning system does not
function properly in all icing conditions and
should not be relied upon to provide
adequate stall warning when in icing
conditions.’’
Note: These are minimum speeds for
operations in icing conditions. Disregard any
reference to the original speeds within the
POH/AFM.
Appendix 5 Retained From AD 2006–
06–06
Changes to the Cessna Models 208 or 208B
Pilot’s Operating Handbook (POH) and FAAApproved Airplane Flight Manual (AFM)
Supplement S1
Replace the text in the PERFORMANCE
section of the POH/AFM KNOWN ICING
EQUIPMENT SUPPLEMENT S1 under the
‘‘STALL SPEEDS’’ paragraph with the
following text:
‘‘Ice accumulation on the airframe may
result in a 20 KIAS increase in stall speed.
Either buffet or aural stall warning should be
treated as an imminent stall.’’
‘‘WARNING—The aural stall warning
system does not function properly in all icing
conditions and should not be relied upon to
provide adequate stall warning when in icing
conditions.’’
Issued in Kansas City, Missouri, on January
25, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E7–1604 Filed 1–31–07; 8:45 am]
rmajette on PROD1PC67 with PROPOSALS
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–001]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Severn River, College Creek,
Weems Creek and Carr Creek,
Annapolis, MD
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes to
amend the special local regulations at
33 CFR 100.518. This rulemaking is
intended to accommodate changes in
event dates for recurring marine events
specified in this regulation. The marine
events included in this proposed rule
include the Safety at Sea Seminar, U.S.
Naval Academy Crew Races and the
Blue Angels Air Show. This proposed
rule is intended to restrict vessel traffic
in portions of the Severn River during
the period of these marine events and is
necessary to provide for the safety of life
on navigable waters during the event.
DATES: Comments and related material
must reach the Coast Guard on or before
March 5, 2007.
ADDRESSES: You may mail comments
and related material to Commander
(dpi), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, hand-deliver them to
Room 415 at the same address between
9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays, or fax
them to (757) 391–8149. The Inspection
and Compliance Branch, Fifth Coast
Guard District, 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 above address between 9
a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis M. Sens, Project Manager,
Inspections and Compliance Branch, at
(757) 398–6204.
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 (CGD05–07–001),
VerDate Aug<31>2005
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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 change
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 the address
listed 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
We propose to amend 33 CFR 100.518
to accommodate changes to the
enforcement period for U.S. Naval
Academy sponsored marine events.
Each year the U.S. Naval Academy hosts
various marine events on the Severn
River adjacent to the academy.
Organized collegiate crew races are
typically held annually during
weekends in March, April and May. The
Blue Angels air show is normally
scheduled during graduation week at
the U.S. Naval Academy. Maritime
traffic is prohibited from using the
regulated area of the Severn River
during air show performances in
accordance with Federal Aviation
Administration requirements. The
proposed dates for marine events for
2007 will be; Safety at Sea Seminar on
March 24, 2007; U.S. Naval Academy
crew races on May 6 and May 27, 2007;
and the Blue Angels air show on May
23 and May 24, 2007. The events will
be enforced from 5 a.m. to 6 p.m. on
those days and if the event’s daily
activities should conclude prior to 6
p.m., enforcement of this proposed
regulation may be terminated for that
day at the discretion of the Patrol
Commander. The U.S. Naval Academy
is the sponsor for all of these events and
intends to hold them annually on the
dates provided in 33 CFR 100.518.
Discussion of Proposed Rule
The Coast Guard proposes to amend
the regulations at 33 CFR 100.518 to
accommodate the dates of annual
recurring U.S. Naval Academy marine
events. The changes are necessary to
reflect new enforcement dates. These
proposed changes are needed to control
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Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules
Assistance for Small Entities
vessel traffic during the events to
enhance the safety of participants,
spectators and transiting vessels.
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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. The effect of this
proposed action merely establishes the
dates on which the existing regulations
would be enforced. It would not impose
any additional restrictions on vessel
traffic.
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 proposed rule would affect
the following entities, some of which
might be small entities: the owners or
operators of vessels intending to transit
or anchor in a portion of the Severn
River during the event.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This proposed
rule would merely establish the dates on
which the existing regulations would be
enforced. It would not impose any
additional restrictions on vessel traffic.
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.
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Protection of Children
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
compliance, please contact the address
listed under ADDRESSES. 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.
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 would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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.
Federalism
Energy Effects
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.
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.
Collection of Information
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
This 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.
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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.
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Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Proposed Rules
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD 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 concluded 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, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine event permit
are specifically excluded from further
analysis and documentation under that
section.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
2. Revise paragraphs (c)(1)
introductory text, (c)(1)(i), (c)(1)(ii),
(c)(1)(iii) and (c)(2) and add (c)(3) of
§ 100.518 to read as follows:
§ 100.518 Severn River, College Creek,
Weems Creek and Carr Creek, Annapolis,
Maryland.
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*
*
*
*
(c) Enforcement period. (1) This
section will be enforced from 5 a.m. to
6 p.m. on days when the following
events are held:
(i) Safety at Sea Seminar, held on the
fourth Saturday in March;
(ii) Naval Academy Crew Races held
on the last weekend in March and every
weekend in April and May;
(iii) Blue Angels Air Show, held on
the fourth Tuesday and Wednesday in
May.
VerDate Aug<31>2005
15:30 Jan 31, 2007
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Dated: January 10, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–1613 Filed 1–31–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0928; FRL–8275–1]
Approval and Promulgation of Air
Quality Implementation Plan; South
Dakota; Revisions to New Source
Review Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
List of Subjects in 33 CFR Part 100
*
(2) Should the event’s daily activities
conclude prior to 6 p.m., enforcement of
this section may be terminated for that
day at the discretion of the Coast Guard
Patrol Commander.
(3) The Commander, Fifth Coast
Guard District will publish a notice in
the Fifth Coast Guard District Local
Notice to Mariners announcing the
specific event dates and times. Notice
will also be made via marine Safety
Radio Broadcast on VHF–FM marine
band radio channel 22 (157.1 MHz).
SUMMARY: EPA is proposing to partially
approve and partially disapprove
revisions adopted by South Dakota on
August 29, 2006 to Chapter 74:36:09 of
the South Dakota Administrative Rules
(Prevention of Significant Deterioration
of Air Quality). South Dakota submitted
the request for approval of these rule
revisions into the State Implementation
Plan (SIP) on September 1, 2006. South
Dakota was granted delegation of
authority by EPA on July 6, 1994 to
implement and enforce the federal
Prevention of Significant Deterioration
(PSD) permitting regulations. EPA’s
delegation of authority to South Dakota
for the PSD regulations would be
rescinded if EPA issues final approval of
this SIP revision, except for the one rule
provision that EPA is proposing to
disapprove. This action is being taken
under section 110 of the Clean Air Act.
DATES: Comments must be received on
or before March 5, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2006–0928, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• E-mail: daly.carl@epa.gov and
ostrand.laurie@epa.gov.
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4671
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Director, Air and Radiation
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Director, Air and
Radiation Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2006–
0928. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA, without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
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Agencies
[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Proposed Rules]
[Pages 4669-4671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1613]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-001]
RIN 1625-AA08
Special Local Regulations for Marine Events; Severn River,
College Creek, Weems Creek and Carr Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the special local
regulations at 33 CFR 100.518. This rulemaking is intended to
accommodate changes in event dates for recurring marine events
specified in this regulation. The marine events included in this
proposed rule include the Safety at Sea Seminar, U.S. Naval Academy
Crew Races and the Blue Angels Air Show. This proposed rule is intended
to restrict vessel traffic in portions of the Severn River during the
period of these marine events and is necessary to provide for the
safety of life on navigable waters during the event.
DATES: Comments and related material must reach the Coast Guard on or
before March 5, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 391-8149. The Inspection and Compliance
Branch, Fifth Coast Guard District, 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 above address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis M. Sens, Project Manager,
Inspections and Compliance Branch, at (757) 398-6204.
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 (CGD05-07-
001), 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
8\1/2\ 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 change 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 the address listed 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
We propose to amend 33 CFR 100.518 to accommodate changes to the
enforcement period for U.S. Naval Academy sponsored marine events. Each
year the U.S. Naval Academy hosts various marine events on the Severn
River adjacent to the academy. Organized collegiate crew races are
typically held annually during weekends in March, April and May. The
Blue Angels air show is normally scheduled during graduation week at
the U.S. Naval Academy. Maritime traffic is prohibited from using the
regulated area of the Severn River during air show performances in
accordance with Federal Aviation Administration requirements. The
proposed dates for marine events for 2007 will be; Safety at Sea
Seminar on March 24, 2007; U.S. Naval Academy crew races on May 6 and
May 27, 2007; and the Blue Angels air show on May 23 and May 24, 2007.
The events will be enforced from 5 a.m. to 6 p.m. on those days and if
the event's daily activities should conclude prior to 6 p.m.,
enforcement of this proposed regulation may be terminated for that day
at the discretion of the Patrol Commander. The U.S. Naval Academy is
the sponsor for all of these events and intends to hold them annually
on the dates provided in 33 CFR 100.518.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations at 33 CFR 100.518
to accommodate the dates of annual recurring U.S. Naval Academy marine
events. The changes are necessary to reflect new enforcement dates.
These proposed changes are needed to control
[[Page 4670]]
vessel traffic during the events to enhance the safety of participants,
spectators and transiting vessels.
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. The effect of this proposed
action merely establishes the dates on which the existing regulations
would be enforced. It would not impose any additional restrictions on
vessel traffic.
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 proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to transit or anchor in a portion of the
Severn River during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
proposed rule would merely establish the dates on which the existing
regulations would be enforced. It would not impose any additional
restrictions on vessel traffic.
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 compliance, please contact the address listed under
ADDRESSES. 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
This 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.
[[Page 4671]]
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD 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
concluded 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, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Special local regulations issued in conjunction with a
regatta or marine event permit are specifically excluded from further
analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
2. Revise paragraphs (c)(1) introductory text, (c)(1)(i),
(c)(1)(ii), (c)(1)(iii) and (c)(2) and add (c)(3) of Sec. 100.518 to
read as follows:
Sec. 100.518 Severn River, College Creek, Weems Creek and Carr Creek,
Annapolis, Maryland.
* * * * *
(c) Enforcement period. (1) This section will be enforced from 5
a.m. to 6 p.m. on days when the following events are held:
(i) Safety at Sea Seminar, held on the fourth Saturday in March;
(ii) Naval Academy Crew Races held on the last weekend in March and
every weekend in April and May;
(iii) Blue Angels Air Show, held on the fourth Tuesday and
Wednesday in May.
(2) Should the event's daily activities conclude prior to 6 p.m.,
enforcement of this section may be terminated for that day at the
discretion of the Coast Guard Patrol Commander.
(3) The Commander, Fifth Coast Guard District will publish a notice
in the Fifth Coast Guard District Local Notice to Mariners announcing
the specific event dates and times. Notice will also be made via marine
Safety Radio Broadcast on VHF-FM marine band radio channel 22 (157.1
MHz).
Dated: January 10, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-1613 Filed 1-31-07; 8:45 am]
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