Special Local Regulations for Marine Events; St. Mary's River, St. Mary's City, MD, 6510-6512 [E7-2231]
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jlentini on PROD1PC65 with PROPOSAL
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Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Proposed Rules
past, the FFMP is intended to provide
a comprehensive framework for
addressing multiple flow management
objectives, including, in addition to
water supply, drought mitigation and
protection of the tailwaters fishery, a
diverse array of habitat protection needs
in the mainstem, estuary and bay, flood
mitigation, recreational goals and
salinity repulsion. Some of the flow
needs identified by the parties have not
yet been defined sufficiently for the
development of detailed plans. These
include protection of the dwarf
wedgemussel, a Federal and State-listed
endangered species present in the
mainstem, oyster production in
Delaware Bay, and protection of warmwater and migratory fisheries in the
lower basin. Incremental and periodic
adjustments are expected to be made to
the FFMP for these purposes, based
upon ongoing monitoring, scientific
investigation, and periodic re-evaluation
of program elements.
A central feature of the reservoir
release programs implemented to date
for management of the tailwaters fishery
has been the use of reservoir storage
‘‘banks’’ to be used for narrowly defined
purposes under specific hydrologic and
temperature conditions and at specified
times of the year. These are applied in
conjunction with a set of fixed seasonal
flow targets. The system requires
complex daily flow and temperature
modeling as a component of
determining the releases, and as a result,
the program is difficult and costly to
administer. The current approach also
lacks the seasonal fluctuations
characteristic of a natural flow regime.
The FFMP would largely eliminate the
use of banks and would base releases
instead on reservoir storage levels,
resulting in larger releases when water
is abundant and smaller releases when
storage is at or below normal. The result
would more closely approximate a
natural flow regime. In addition, the
FFMP would provide for more gradual
transitions (or ‘‘ramping’’) from higher
to lower releases and vice versa than the
current regime. The FFMP would
include a spill mitigation component
similar to but potentially more
aggressive than the temporary programs
implemented in the past. The storage
represented by snowpack water content
would continue to be considered.
Hydrologic modeling and habitat
assessments are being undertaken to
evaluate the sustainable benefits of the
FFMP for the tailwaters fishery and for
spill mitigation. In addition, an
evaluation is being made of the
potential benefits and costs of
increasing storage in one or more of the
City Delaware Reservoirs that may
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improve the capacity of the system to
meet the full range of flow objectives.
If consensus among the decree parties
and DRBC commissioners cannot be
reached on details of the FFMP in time
to approve and initiate implementation
of the plan by June 1, 2007, the parties
intend to continue to work at refining
and improving the FFMP until such a
consensus can be reached. The
Commission will conduct a separate
notice and comment rulemaking process
on the proposed program at that time.
Under such circumstances, for an
interim period, the parties will consider
extending the current fisheries
management program or reinstating a
previous regime. In either case, the
releases program will be considered in
combination with a spill mitigation
plan.
The proposed FFMP in its entirety
will be posted on the Web site of the
Delaware River Basin Commission,
https://www.drbc.net, on Tuesday,
February 20, 2007.
Dated: February 5, 2007.
Pamela M. Bush,
Commission Secretary.
[FR Doc. E7–2169 Filed 2–9–07; 8:45 am]
BILLING CODE 6360–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–004]
RIN 1625–AA08
Special Local Regulations for Marine
Events; St. Mary’s River, St. Mary’s
City, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the enforcement
period for the ‘‘St. Mary’s Seahawk
Sprint’’ held annually on the waters of
the St. Mary’s River, near St. Mary’s
City, Maryland. This proposed rule is
intended to restrict vessel traffic in
portions of the St. Mary’s River 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
February 27, 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
PO 00000
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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) 398–6203. The
Inspections and Investigations 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 Investigations 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 (CGD05–07–004),
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
On April 21, 2007, St. Mary’s College
of Maryland will sponsor the ‘‘Seahawk
Sprint’’ crew races on the waters of the
St. Mary’s River. The event will consist
of intercollegiate crew rowing teams
racing along a 2000 meter course on the
waters of the St. Mary’s River. A fleet of
spectator vessels is expected to gather
near the event site to view the
competition. The regulation at 33 CFR
100.527 is effective annually for the St.
Mary’s College crew races marine event.
Paragraph (d) of Section 100.527
establishes the enforcement date for the
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Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Proposed Rules
St. Mary’s Seahawk crew races. This
regulation proposes to temporarily
change the enforcement date from the
second Saturday in April to the third
Saturday in April, holding the marine
event on April 21, 2007. St. Mary’s
College crew club who is the sponsor for
this event intends to hold this event
annually, however, they have changed
the date of the event for 2007 so that it
is outside the scope of the existing
enforcement period. To provide for the
safety of participants, spectators,
support and transiting vessels, the Coast
Guard proposes to temporarily restrict
vessel traffic in the event area during
the crew races.
jlentini on PROD1PC65 with PROPOSAL
Discussion of Proposed Rule
The Coast Guard proposes to
temporarily suspend the regulations at
33 CFR 100.527 by revising the date of
enforcement in paragraph (d) to reflect
the event will be conducted in 2007 on
the third Saturday in April, April 21,
2007. This proposed change is needed
to accommodate the sponsor crew race
schedule. The special local regulations
will be enforced from 7 a.m. to 5 p.m.
on April 21, 2007, and will restrict
general navigation in the regulated area
during the crew races. Except for
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area during the effective
period. The regulated area is needed to
control vessel traffic during the event to
enhance the safety of participants and
transiting vessels.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
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
date on which the existing regulation
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would be in effect and would not
impose any new 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 effect
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 St. Mary’s
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 change the date on
which the existing regulations would be
enforced in the regulated area and
would not impose any new 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
PO 00000
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Fmt 4702
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6511
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
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Federal Register / Vol. 72, No. 28 / Monday, February 12, 2007 / Proposed Rules
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.
jlentini on PROD1PC65 with PROPOSAL
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.
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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. In § 100.527, from 7 a.m. to 5 p.m.
on April 21, 2007,suspend paragraph
(d).
3. In § 100.527, from 7 a.m. to 5 p.m.
on April 21, 2007, add a new paragraph
(d) to read as follows:
§ 100.527 St. Mary’s River, St. Mary’s City,
Maryland.
*
*
*
*
*
(d) Enforcement period. This section
will be enforced from 7 a.m. to 5 p.m.
on April 21, 2007. A notice of
enforcement of this section will be
disseminated through the Fifth Coast
Guard District Local Notice to Mariners
announcing the specific event date 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 25, 2007,
Larry L. Hereth,
Rear Admiral, U. S. Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E7–2231 Filed 2–9–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–112]
RIN 1625–AA87
Security Zone; Severn River and
College Creek, Annapolis, MD
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00023
Fmt 4702
Sfmt 4702
ACTION:
Notice of proposed rulemaking.
SUMMARY: The Coast Guard is proposing
to establish a permanent security zone
on certain waters of the Severn River
and College Creek in Maryland. This
action is necessary in order to ensure
the security of high-ranking public
officials and safeguard the public at
large against terrorist acts or incidents
during the U.S. Naval Academy
graduation ceremony, held annually on
the Friday before the Memorial Day
holiday in May. This rule prohibits
vessels and people from entering the
security zone and requires vessels and
persons in the security zone to depart
the zone, unless specifically exempt
under the provisions in this rule or
granted specific permission from the
Coast Guard Captain of the Port of
Baltimore.
DATES: Comments and related material
must reach the Coast Guard on or before
April 13, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70,
Waterways Management Division,
Baltimore, Maryland 21226–1791. Coast
Guard Sector Baltimore, Waterways
Management Division, 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 Coast Guard
Sector Baltimore, Waterways
Management Division, between 8 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, at Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674 or (410) 576–2693.
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 (CGD05–06–112),
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
E:\FR\FM\12FEP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 28 (Monday, February 12, 2007)]
[Proposed Rules]
[Pages 6510-6512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2231]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-004]
RIN 1625-AA08
Special Local Regulations for Marine Events; St. Mary's River,
St. Mary's City, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period for the ``St. Mary's Seahawk Sprint'' held annually on the
waters of the St. Mary's River, near St. Mary's City, Maryland. This
proposed rule is intended to restrict vessel traffic in portions of the
St. Mary's River 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 February 27, 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) 398-6203. The Inspections and
Investigations 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 Investigations 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-
004), 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
On April 21, 2007, St. Mary's College of Maryland will sponsor the
``Seahawk Sprint'' crew races on the waters of the St. Mary's River.
The event will consist of intercollegiate crew rowing teams racing
along a 2000 meter course on the waters of the St. Mary's River. A
fleet of spectator vessels is expected to gather near the event site to
view the competition. The regulation at 33 CFR 100.527 is effective
annually for the St. Mary's College crew races marine event. Paragraph
(d) of Section 100.527 establishes the enforcement date for the
[[Page 6511]]
St. Mary's Seahawk crew races. This regulation proposes to temporarily
change the enforcement date from the second Saturday in April to the
third Saturday in April, holding the marine event on April 21, 2007.
St. Mary's College crew club who is the sponsor for this event intends
to hold this event annually, however, they have changed the date of the
event for 2007 so that it is outside the scope of the existing
enforcement period. To provide for the safety of participants,
spectators, support and transiting vessels, the Coast Guard proposes to
temporarily restrict vessel traffic in the event area during the crew
races.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.527 by revising the date of enforcement in paragraph (d) to
reflect the event will be conducted in 2007 on the third Saturday in
April, April 21, 2007. This proposed change is needed to accommodate
the sponsor crew race schedule. The special local regulations will be
enforced from 7 a.m. to 5 p.m. on April 21, 2007, and will restrict
general navigation in the regulated area during the crew races. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area during
the effective period. The regulated area is needed to control vessel
traffic during the event to enhance the safety of participants and
transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
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 date on which the existing regulation
would be in effect and would not impose any new 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 effect 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
St. Mary's 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 change the date on which the existing
regulations would be enforced in the regulated area and would not
impose any new 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
[[Page 6512]]
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.
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. In Sec. 100.527, from 7 a.m. to 5 p.m. on April 21,
2007,suspend paragraph (d).
3. In Sec. 100.527, from 7 a.m. to 5 p.m. on April 21, 2007, add a
new paragraph (d) to read as follows:
Sec. 100.527 St. Mary's River, St. Mary's City, Maryland.
* * * * *
(d) Enforcement period. This section will be enforced from 7 a.m.
to 5 p.m. on April 21, 2007. A notice of enforcement of this section
will be disseminated through the Fifth Coast Guard District Local
Notice to Mariners announcing the specific event date 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 25, 2007,
Larry L. Hereth,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-2231 Filed 2-9-07; 8:45 am]
BILLING CODE 4910-15-P
