Special Local Regulations for Marine Events; Western Branch, Elizabeth River, Portsmouth, VA, 9477-9479 [E7-3638]
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(g) Refer to MCAI EASA Airworthiness
Directive 2006–0283, dated September 14,
2006; and Avions de Transport Regional
Service Bulletins ATR42–92–0012 and
ATR72–92–1013, both dated July 4, 2006, for
related information.
Issued in Renton, Washington, on February
21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–3657 Filed 3–1–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–013]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Western Branch, Elizabeth
River, Portsmouth, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
jlentini on PROD1PC65 with PROPOSAL
ACTION:
SUMMARY: The Coast Guard proposes to
temporarily change the regulations for
the ‘‘Virginia State Hydroplane
Championship’’ hydroplane races held
annually on the waters of the Western
Branch of the Elizabeth River at
Portsmouth, Virginia. This action is
necessary because the event will be held
on April 21 and 22, 2007, instead of on
April 27 and 28, 2007 as established by
permanent regulation. This proposed
rule is intended to restrict vessel traffic
in portions of the Elizabeth 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
March 19, 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 Investigation Branch,
Fifth Coast Guard District, maintains the
public docket for this rulemaking.
Comments and material received from
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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 (CGD05–07–013),
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 and 22, 2007, Virginia
Boat Racing Association will sponsor
the ‘‘Virginia State Hydroplane
Championship’’ hydroplane races on the
waters of the Western Branch of the
Elizabeth River at Portsmouth, Virginia.
The event will consist of approximately
75 hydroplane powerboats conducting
high-speed competitive races on the
Western Branch of the Elizabeth River
in the vicinity of Portsmouth City Park,
Portsmouth, Virginia. A fleet of
spectator vessels is expected to gather
near the event site to view the
competition. The regulation at 33 CFR
100.525 is effective annually for this
marine event. Paragraph (c) of Section
100.525 establishes the enforcement
date for the hydroplane races. This
regulation proposes to temporarily
change the regulation so that the event
may be held on April 21 and 22, 2007
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9477
instead of the fourth Friday and
following Saturday in April. The
Virginia Boat Racing Association who is
the sponsor for this event still intends
to hold this event annually, however,
this year they have requested a change
in the date of the event for 2007. The
change was requested to accommodate
participation by all hydroplane
participants. 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
hydroplane races.
Discussion of Proposed Rule
The Coast Guard proposes to
temporarily suspend the regulations at
33 CFR 100.525 by temporarily revising
the date of enforcement in paragraph (c)
to reflect the event will be conducted in
2007 on the third Saturday and Sunday
in April, April 21 and 22, 2007. This
proposed change is needed to
accommodate the sponsors hydroplane
race schedule relative to the rotation of
weekend dates in the annual calendar.
The special local regulations will be
enforced from 8 a.m. to 6 p.m. on April
21 and 22, 2007, and will restrict
navigation in the regulated area during
the hydroplane 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
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9478
Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules
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.).
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 Western
Branch of the Elizabeth 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.
jlentini on PROD1PC65 with PROPOSAL
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.
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16:56 Mar 01, 2007
Jkt 211001
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
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.
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.
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
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Energy Effects
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
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed Rules
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
temporarily 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 § 100.525, from 8 a.m. to 6 p.m.
on April 21 and 22, 2007, temporarily
suspend paragraph (c).
3. In § 100.525, from 8 a.m. to 6 p.m.
on April 21 and 22, 2007, temporarily
add a new paragraph (d) to read as
follows:
§ 100.525 Western Branch, Elizabeth River,
Portsmouth, Virginia.
*
*
*
*
*
(d) Enforcement period. This section
will be enforced from 8 a.m. to 6 p.m.
on April 21 and 22, 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: February 15, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–3638 Filed 3–1–07; 8:45 am]
jlentini on PROD1PC65 with PROPOSAL
BILLING CODE 4910–15–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 424, and 498
[CMS–6003–P2]
RIN 0938–AI49
Medicare Program; Appeals of CMS or
Contractor Determinations When a
Provider or Supplier Fails To Meet the
Requirements for Medicare Billing
Privileges
Centers for Medicare and
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This proposed rule would
establish an appeals process for
providers and suppliers whose
applications for enrollment or renewal
of enrollment were denied. It would
also grant providers and suppliers the
right to a hearing by an Administrative
Law Judge (ALJ) within the Department
of Health and Human Services after an
adverse decision at the reconsideration
level when a provider or supplier’s
Medicare enrollment application is
denied to those situations in which the
provider or supplier’s Medicare billing
privileges are revoked. In addition, this
proposed rule would grant providers
and suppliers the right to Departmental
Appeals Board review of an adverse ALJ
decision.
It would also establish timeframes for
deciding enrollment appeals by an ALJ
or the DAB. This proposed rule would
also establish the use of electronic funds
transfer (EFT) be used for all Federal
payments to providers and suppliers.
Finally, this proposed rule would
implement section 936(b)(1) of the
Medicare Prescription Drug,
Improvement, and Modernization Act of
2003 (MMA), which specifies the
timeframes in which contractors must
process all provider and supplier
enrollment actions (initial enrollments,
change of information actions,
revalidations, etc.).
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on May 1, 2007.
ADDRESSES: In commenting, please refer
to file code CMS–6003-P2. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on specific issues
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9479
in this regulation to https://
www.cms.hhs.gov/eRulemaking. Click
on the link ‘‘Submit electronic
comments on CMS regulations with an
open comment period.’’ (Attachments
should be in Microsoft Word,
WordPerfect, or Excel; however, we
prefer Microsoft Word.)
2. By regular mail. You may mail
written comments (one original and two
copies) to the following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–6003–
P2, P.O. Box 8017, Baltimore, MD
21244–1850.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments (one
original and two copies) to the following
address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–6003–
P2, Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. If you prefer,
you may deliver (by hand or courier)
your written comments (one original
and two copies) before the close of the
comment period to one of the following
addresses. If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410)786–
7195 in advance to schedule your
arrival with one of our staff members.
Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201; or 7500
Security Boulevard, Baltimore, MD
21244–1850.
(Because access to the interior of the
HHH Building is not readily available to
persons without Federal Government
identification, commenters are
encouraged to leave their comments in
the CMS drop slots located in the main
lobby of the building. A stamp-in clock
is available for persons wishing to retain
a proof of filing by stamping in and
retaining an extra copy of the comments
being filed.)
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
Submission of comments on
paperwork requirements. You may
submit comments on this document’s
paperwork requirements by mailing
your comments to the addresses
provided at the end of the ‘‘Collection
of Information Requirements’’ section in
this document.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
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]]>Agencies
[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Proposed Rules]
[Pages 9477-9479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3638]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-013]
RIN 1625-AA08
Special Local Regulations for Marine Events; Western Branch,
Elizabeth River, Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the regulations
for the ``Virginia State Hydroplane Championship'' hydroplane races
held annually on the waters of the Western Branch of the Elizabeth
River at Portsmouth, Virginia. This action is necessary because the
event will be held on April 21 and 22, 2007, instead of on April 27 and
28, 2007 as established by permanent regulation. This proposed rule is
intended to restrict vessel traffic in portions of the Elizabeth 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 March 19, 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
Investigation 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-
013), 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 and 22, 2007, Virginia Boat Racing Association will
sponsor the ``Virginia State Hydroplane Championship'' hydroplane races
on the waters of the Western Branch of the Elizabeth River at
Portsmouth, Virginia. The event will consist of approximately 75
hydroplane powerboats conducting high-speed competitive races on the
Western Branch of the Elizabeth River in the vicinity of Portsmouth
City Park, Portsmouth, Virginia. A fleet of spectator vessels is
expected to gather near the event site to view the competition. The
regulation at 33 CFR 100.525 is effective annually for this marine
event. Paragraph (c) of Section 100.525 establishes the enforcement
date for the hydroplane races. This regulation proposes to temporarily
change the regulation so that the event may be held on April 21 and 22,
2007 instead of the fourth Friday and following Saturday in April. The
Virginia Boat Racing Association who is the sponsor for this event
still intends to hold this event annually, however, this year they have
requested a change in the date of the event for 2007. The change was
requested to accommodate participation by all hydroplane participants.
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 hydroplane races.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.525 by temporarily revising the date of enforcement in
paragraph (c) to reflect the event will be conducted in 2007 on the
third Saturday and Sunday in April, April 21 and 22, 2007. This
proposed change is needed to accommodate the sponsors hydroplane race
schedule relative to the rotation of weekend dates in the annual
calendar. The special local regulations will be enforced from 8 a.m. to
6 p.m. on April 21 and 22, 2007, and will restrict navigation in the
regulated area during the hydroplane 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
[[Page 9478]]
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
Western Branch of the Elizabeth 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 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
[[Page 9479]]
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 temporarily 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. 100.525, from 8 a.m. to 6 p.m. on April 21 and 22,
2007, temporarily suspend paragraph (c).
3. In Sec. 100.525, from 8 a.m. to 6 p.m. on April 21 and 22,
2007, temporarily add a new paragraph (d) to read as follows:
Sec. 100.525 Western Branch, Elizabeth River, Portsmouth, Virginia.
* * * * *
(d) Enforcement period. This section will be enforced from 8 a.m.
to 6 p.m. on April 21 and 22, 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: February 15, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-3638 Filed 3-1-07; 8:45 am]
BILLING CODE 4910-15-P
