Special Local Regulation for Marine Events; Roanoke River, Plymouth, NC, 15832-15834 [E7-6096]
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Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations
consolidating and clarifying the
previous orders.
Existing § 560.521 of the ITR
authorizes all transactions in connection
with the importation into the United
States from Iran, or the exportation from
the United States to Iran, of diplomatic
pouches and their contents. As with
§ 538.516 of the SSR, OFAC is revising
§ 560.521 of the ITR by re-designating
the original section as § 560.521(a) and
by adding a new paragraph (b). New
§ 560.521(b) authorizes the exportation,
reexportation, sale, or supply, directly
or indirectly, from the United States or
by a U.S. person, wherever located, of
any goods or technology to a thirdcountry government, or to its
contractors or agents, for shipment to
Iran via a diplomatic pouch. It also
authorizes, to the extent necessary, the
shipment by a third-country government
to Iran of U.S.-origin goods or
technology in a diplomatic pouch.
Public Participation
Because the amendments of the SSR
and the ITR involve a foreign affairs
function, Executive Order 12866 and the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the SSR and the ITR are contained in
31 CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
PART 538—SUDANESE SANCTIONS
REGULATIONS
1. The authority citation for part 538
continues to read as follows:
I
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
18 U.S.C. 2339B, 2332d; 50 U.S.C. 1601–
1651, 1701–1706; Pub. L. 106–387, 114 Stat.
1549; E.O. 13067, 62 FR 59989, 3 CFR, 1997
Comp., p. 230.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
I
2. Revise § 538.516 to read as follows:
§ 538.516
Diplomatic pouches.
The following transactions are
authorized:
(a) The importation into the United
States from Sudan, or the exportation
from the United States to Sudan, of
diplomatic pouches and their contents;
and
(b) The exportation or reexportation,
directly or indirectly, from the United
States or by a U.S. person, wherever
located, of any goods or technology to
a third-country government, or to its
contractors or agents, for shipment to
Sudan via a diplomatic pouch. To the
extent necessary, this section also
authorizes the shipment of such goods
or technology by the third-country
government to Sudan via a diplomatic
pouch.
Note to paragraph (b) of § 538.516: The
exportation or reexportation of certain U.S.origin goods or technology to a third-country
government, or to its contractors or agents,
may require authorization by the U.S.
Department of Commerce under the Export
Administration Regulations (15 CFR parts
730 et seq.).
PART 560—IRANIAN TRANSACTIONS
REGULATIONS
3. Revise the authority citation for part
560 to read as follows:
31 CFR Part 538
Administrative practice and
procedure, Banks, Banking, Blocking of
assets, Exports, Foreign trade,
Humanitarian aid, Imports, Penalties,
Reporting and recordkeeping
requirements, Specially designated
nationals, Sudan, Terrorism,
Transportation.
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 106–387, 114 Stat. 1549; E.O. 12957,
60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O.
12959, 60 FR 24757, 3 CFR, 1995 Comp., p.
356; E.O. 13059, 62 FR 44531, 3 CFR, 1997
Comp., p. 217.
31 CFR Part 560
Administrative practice and
procedure, Banks, Banking, Brokers,
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
VerDate Aug<31>2005
16:32 Apr 02, 2007
Jkt 211001
§ 560.521
I
4. Revise § 560.521 to read as follows:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Diplomatic pouches.
The following transactions are
authorized:
(a) The importation into the United
States from Iran, or the exportation from
the United States to Iran, of diplomatic
pouches and their contents; and
(b) The exportation, reexportation,
sale, or supply, directly or indirectly,
from the United States or by a U.S.
person, wherever located, of any goods
or technology to a third-country
government, or to its contractors or
agents, for shipment to Iran via a
diplomatic pouch. To the extent
necessary, this section also authorizes
the shipment of such goods or
technology by the third-country
government to Iran via a diplomatic
pouch.
Note to paragraph (b) of § 560.521: The
exportation or reexportation of certain U.S.origin goods or technology to a third-country
government, or to its contractors or agents,
may require authorization by the U.S.
Department of Commerce under the Export
Administration Regulations (15 CFR parts
730 et seq.).
Dated: February 23, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–6155 Filed 4–2–07; 8:45 am]
BILLING CODE 4811–42–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–028]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Roanoke River, Plymouth, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
I
List of Subjects
rwilkins on PROD1PC63 with RULES
Foreign Trade, Investments, Iran, Loans,
Securities.
I For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR parts 538 and
560 as follows:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘Plymouth Drag
Boat Race’’, a power boat race to be held
on the waters of the Roanoke River,
Plymouth, North Carolina. These special
local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Roanoke River
adjacent to Plymouth, North Carolina
during the power boat race.
DATES: This rule is effective from 10
a.m. to 8:30 p.m. on May 6, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
E:\FR\FM\03APR1.SGM
03APR1
Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations
docket are part of docket [CGD05–07–
028] and are available for inspection or
copying at Commander (dpi), Fifth
Coast Guard District, 431 Crawford
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: D.
M. Sens, Project Manager, Vessel
Compliance and Inspection Branch, at
(757) 398–6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM, publishing
an NPRM would be impracticable and
contrary to public interest since
immediate action is needed to minimize
potential danger to the public during the
event. The necessary information to
determine whether the marine event
poses a threat to persons and vessels
was not provided with sufficient time to
publish an NPRM. The danger posed by
drag boat racing makes special local
regulations necessary to provide for the
safety of spectator craft and other
vessels transiting the event area. For the
safety concerns noted, it is in the public
interest to have these regulations in
effect during the event. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
Under 5 U.S.C. 553(d)(3) and for the
same reasons, the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date would be
contrary to the public interest, since
immediate action is needed to ensure
the safety of the event participants,
spectator craft and other vessels
transiting the event area. However
advance notifications will be made to
users of the Roanoke River via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
rwilkins on PROD1PC63 with RULES
Background and Purpose
On May 6, 2007 the Outboard Drag
Boat Association will sponsor the
‘‘Plymouth Drag Boat Race’’ on the
waters of the Roanoke River. The event
will consist of approximately 30 drag
boats racing in heats. A fleet of spectator
vessels is anticipated to gather nearby to
view the competition. Due to the need
VerDate Aug<31>2005
16:32 Apr 02, 2007
Jkt 211001
for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
participants, spectators and transiting
vessels.
Discussion of Rule
The Coast Guard is establishing
special local regulations on specified
waters of the Roanoke River adjacent to
Plymouth, North Carolina. The
regulated area includes a section of the
Roanoke River approximately one mile
long and bounded in width by each
shoreline. The rule would be enforced
from 10 a.m. until 8:30 p.m. on May 6,
2007, and would restrict general
navigation in the regulated area during
the drag boat race. The Coast Guard, at
its discretion, when practical would
allow the passage of vessels when races
are not taking place. Except for
participants and vessels authorized by
the Coast Guard Patrol Commander, no
person or vessel would be allowed to
enter or remain in the regulated area
during the enforcement period. These
regulations are needed to control vessel
traffic during the events to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Evaluation
This 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 rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this regulation restricts
vessel traffic from transiting Roanoke
River during the event, the effect of this
regulation will not be significant due to
the limited duration that the regulated
area will be in effect and the extensive
advance notifications that will be made
to the maritime community via marine
information broadcasts and area
newspapers so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
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15833
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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit Martin
Lagoon during the event.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be in
effect for only a short period, from 10
a.m. to sunset on May 6, 2007. Before
the enforcement period, we will issue
maritime advisories so mariners can
adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls 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
E:\FR\FM\03APR1.SGM
03APR1
15834
Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will 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 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 rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
rwilkins on PROD1PC63 with RULES
Energy Effects
We have analyzed this 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’’
VerDate Aug<31>2005
16:32 Apr 02, 2007
Jkt 211001
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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 those
sections.
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 amends 33
CFR part 100 as follows:
I
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
I
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35–T05–028
to read as follows:
I
§ 100.35–T05–028 Roanoke River,
Plymouth, North Carolina.
(a) Regulated area. The regulated area
includes all waters of Roanoke River
commencing at the north river bank at
latitude 35°52′20″ N, longitude
076°44′47″ W, thence a line 180 degree
due south across the river to the
shoreline thence west along the
shoreline to a position located at
latitude 35°51′43″ N, longitude
076°43′45″ W, thence 000 degrees due
north across the river to the shoreline
thence east along the shoreline to the
point of origin. All coordinates
reference Datum NAD 1983.
(b) Definitions:
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the Commander,
Coast Guard Sector North Carolina.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector North Carolina with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Special local regulations:
(1) Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any official
patrol.
(d) Enforcement period. This section
will be enforced from 10 a.m. to 8:30
p.m. on May 6, 2007.
Dated: March 20, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–6096 Filed 4–2–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–06–105]
RIN 1625–AA87
Security Zone; Georgetown Channel,
Potomac River, Washington, DC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
E:\FR\FM\03APR1.SGM
03APR1
]]>Agencies
[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15832-15834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6096]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-028]
RIN 1625-AA08
Special Local Regulation for Marine Events; Roanoke River,
Plymouth, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``Plymouth Drag Boat Race'', a power boat race
to be held on the waters of the Roanoke River, Plymouth, North
Carolina. These special local regulations are necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in portions of the Roanoke River
adjacent to Plymouth, North Carolina during the power boat race.
DATES: This rule is effective from 10 a.m. to 8:30 p.m. on May 6, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the
[[Page 15833]]
docket are part of docket [CGD05-07-028] and are available for
inspection or copying at Commander (dpi), Fifth Coast Guard District,
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: D. M. Sens, Project Manager, Vessel
Compliance and Inspection Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, publishing an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to minimize potential danger to the public during the event. The
necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided with sufficient time to
publish an NPRM. The danger posed by drag boat racing makes special
local regulations necessary to provide for the safety of spectator
craft and other vessels transiting the event area. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the event. The Coast Guard will issue broadcast notice
to mariners to advise vessel operators of navigational restrictions. On
scene Coast Guard and local law enforcement vessels will also provide
actual notice to mariners.
Under 5 U.S.C. 553(d)(3) and for the same reasons, the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying the
effective date would be contrary to the public interest, since
immediate action is needed to ensure the safety of the event
participants, spectator craft and other vessels transiting the event
area. However advance notifications will be made to users of the
Roanoke River via marine information broadcasts, local notice to
mariners, commercial radio stations and area newspapers.
Background and Purpose
On May 6, 2007 the Outboard Drag Boat Association will sponsor the
``Plymouth Drag Boat Race'' on the waters of the Roanoke River. The
event will consist of approximately 30 drag boats racing in heats. A
fleet of spectator vessels is anticipated to gather nearby to view the
competition. Due to the need for vessel control during the event,
vessel traffic will be temporarily restricted to provide for the safety
of participants, spectators and transiting vessels.
Discussion of Rule
The Coast Guard is establishing special local regulations on
specified waters of the Roanoke River adjacent to Plymouth, North
Carolina. The regulated area includes a section of the Roanoke River
approximately one mile long and bounded in width by each shoreline. The
rule would be enforced from 10 a.m. until 8:30 p.m. on May 6, 2007, and
would restrict general navigation in the regulated area during the drag
boat race. The Coast Guard, at its discretion, when practical would
allow the passage of vessels when races are not taking place. Except
for participants and vessels authorized by the Coast Guard Patrol
Commander, no person or vessel would be allowed to enter or remain in
the regulated area during the enforcement period. These regulations are
needed to control vessel traffic during the events to enhance the
safety of participants, spectators and transiting vessels.
Regulatory Evaluation
This 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation restricts vessel traffic from transiting
Roanoke River during the event, the effect of this regulation will not
be significant due to the limited duration that the regulated area will
be in effect and the extensive advance notifications that will be made
to the maritime community via marine information broadcasts and area
newspapers so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit Martin Lagoon during the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 10 a.m. to sunset
on May 6, 2007. Before the enforcement period, we will issue maritime
advisories so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls 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
[[Page 15834]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 those sections.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add temporary Sec. 100.35-T05-028 to read as follows:
Sec. 100.35-T05-028 Roanoke River, Plymouth, North Carolina.
(a) Regulated area. The regulated area includes all waters of
Roanoke River commencing at the north river bank at latitude
35[deg]52'20'' N, longitude 076[deg]44'47'' W, thence a line 180 degree
due south across the river to the shoreline thence west along the
shoreline to a position located at latitude 35[deg]51'43'' N, longitude
076[deg]43'45'' W, thence 000 degrees due north across the river to the
shoreline thence east along the shoreline to the point of origin. All
coordinates reference Datum NAD 1983.
(b) Definitions:
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Sector North Carolina.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector North Carolina with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations:
(1) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement period. This section will be enforced from 10 a.m.
to 8:30 p.m. on May 6, 2007.
Dated: March 20, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-6096 Filed 4-2-07; 8:45 am]
BILLING CODE 4910-15-P
