Special Local Regulation for Marine Events; Roanoke River, Plymouth, North Carolina, 17456-17458 [07-1621]
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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the
analysis performed under various laws
and executive orders for the counterpart
Federal regulations.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the analysis performed under various
laws and executive orders for the
counterpart Federal regulations.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface
mining, Underground mining.
Dated: March 2, 2007.
H. Vann Weaver,
Acting Regional Director, Appalachian
Region.
[FR Doc. E7–6578 Filed 4–6–07; 8:45 am]
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 [CCGD05–07–029],
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.
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–029]
rwilkins on PROD1PC63 with PROPOSAL
RIN 1625–AA08
Special Local Regulation for Marine
Events; Roanoke River, Plymouth,
North Carolina
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish special local regulations
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17:56 Apr 06, 2007
Jkt 211001
during the ‘‘Plymouth Drag Boat Race
Series’’, a series of power boat races 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: Comments and related material
must reach the Coast Guard on or before
May 9, 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, fax them to
(757) 391–8149, or e-mail them to
Dennis.M.Sens@uscg.mil. 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 Federal
Building, Fifth Coast Guard District
between 9 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
CWO Christopher Humphrey,
Prevention Department, Sector North
Carolina, at (252) 247–4525 or via e-mail
to Christopher.D.Humphrey@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
PO 00000
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Sfmt 4702
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
The Outboard Drag Boat Association
will be sponsoring a series of seven (7)
power boat racing events titled the
‘‘Plymouth Drag Boat Race’’. The power
boat races will be held on the following
dates: June 24, July 22, August 11, 12,
19, September 30 and October 21, 2007.
The races will be held on the Roanoke
River immediately adjacent to
Plymouth, North Carolina. The power
boat races will consist of approximately
(30) vessels conducting high speed
straight line runs along the river and
parallel with the shoreline. A fleet of
spectator vessels are expected to gather
near the event site to view the
competition. To provide for the safety of
participants, spectators and other
transiting vessels, the Coast Guard will
temporarily restrict vessel traffic in the
event area during the power boat races.
Discussion of Proposed Rule
The Coast Guard proposes to establish
special local regulations on specified
waters of the Roanoke River, in the
vicinity of Plymouth, NC. The regulated
area includes a section of the Roanoke
River approximately one mile long and
bounded in width by each shoreline,
immediately adjacent to Plymouth, NC.
The effect of this regulation would be to
restrict general navigation in the
regulated area during the drag boat
races. This special local regulation will
be enforced from 10 a.m. to 8:30 p.m. on
June 24, July 22, August 11, 12, 19,
September 30 and October 21, 2007.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area. Non-participating
vessels will be allowed to transit the
regulated area between races, when the
Coast Guard Patrol Commander
determines it is safe to do so. This
regulation is needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
E:\FR\FM\09APP1.SGM
09APP1
Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. Although this regulation
will prevent traffic from transiting a
portion of the 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
notification that will be made to the
maritime community via marine
information broadcast, local radio
stations and area newspapers so
mariners can adjust their plans
accordingly. Additionally, the regulated
area has been narrowly tailored to
impose the least impact on general
navigation yet provide the level of safety
deemed necessary. Vessel traffic will be
able to transit the regulated area
between heats, when the Coast Guard
Patrol Commander deems it is safe to do
so.
rwilkins on PROD1PC63 with PROPOSAL
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: owners or operators of vessels
intending to transit this section of the
Roanoke River from 10 a.m. to 8:30 p.m.
on June 24, July 22, August 11, 12, 19,
September 30 and October 21, 2007.
This proposed rule would not have
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
regulated area will apply to a one mile
segment of the Roanoke River, traffic
may be allowed to pass through the
regulated area with the permission of
the Coast Guard Patrol Commander. In
the case where the Patrol Commander
authorizes passage through the
regulated area during the event, vessels
shall proceed at the minimum speed
necessary to maintain a safe course that
minimizes wake near the race course.
The Patrol Commander will allow nonparticipating vessels to transit the area
between races. Before the enforcement
period, we will issue maritime
advisories so mariners can adjust their
plans accordingly.
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17:56 Apr 06, 2007
Jkt 211001
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 (Public Law 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 U.S. Coast
Guard Sector North Carolina, listed at
the beginning of this rule. 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
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Fmt 4702
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17457
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
E:\FR\FM\09APP1.SGM
09APP1
17458
Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules
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 guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
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, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(h), of the instruction, an
‘‘Environmental Analysis Check List’’ is
not required for this rule. Comments on
this section will be considered before
we make the final decision on whether
this rule should be categorically
excluded from further environmental
review.
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 June 24, July 22, August 11, 12,
19, September 30 and October 21, 2007.
Dated: March 20, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 07–1621 Filed 4–6–07; 8:45 am]
BILLING CODE 4910–15–P
Request for Comments
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:
DEPARTMENT OF HOMELAND
SECURITY
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
RIN 1625–AA00
Coast Guard
33 CFR Part 165
[CGD05–07–010]
1. The authority citation for Part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
rwilkins on PROD1PC63 with PROPOSAL
§ 100.35–T05–029 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 350°52′20″ N, longitude
0760°44′47″ W, thence a line 180
degrees 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,
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17:56 Apr 06, 2007
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
2. Add temporary § 100.35-T05–029 to
read as follows:
Jkt 211001
ACTION:
SUMMARY: The Coast Guard proposes to
establish a permanent safety zone upon
certain waters of the Patapsco River,
Northwest Harbor, and Inner Harbor
during the movement of the historic
sloop-of-war USS CONSTELLATION,
annually, on the Friday following Labor
Day. This action is necessary to provide
for the safety of life on navigable waters
during the tow of the vessel from its
berth at the Inner Harbor in Baltimore,
Maryland, to a point on the Patapsco
River near the Fort McHenry National
Monument and Historic Shrine in
Baltimore, Maryland, and return. This
action will restrict vessel traffic in
portions of the Patapsco River,
Northwest Harbor, and Inner Harbor
during the event.
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Frm 00019
Fmt 4702
Comments and related material
must reach the Coast Guard on or before
June 8, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
U.S. 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 Commander, U.
S. Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70,
Waterways Management Division,
Baltimore, Maryland, 21226–1791
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 (410) 576–2674 or (410)
576–2693.
SUPPLEMENTARY INFORMATION:
DATES:
Sfmt 4702
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 (CGD05–07–010),
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 Coast Guard
Sector Baltimore, Waterways
Management Division, at the address
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
Each year, the USS CONSTELLATION
Museum conducts a ‘‘turn-around’’
E:\FR\FM\09APP1.SGM
09APP1
]]>Agencies
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Proposed Rules]
[Pages 17456-17458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1621]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-029]
RIN 1625-AA08
Special Local Regulation for Marine Events; Roanoke River,
Plymouth, North Carolina
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Plymouth Drag Boat Race Series'', a series of
power boat races 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: Comments and related material must reach the Coast Guard on or
before May 9, 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, fax them to (757) 391-8149, or e-mail them to
Dennis.M.Sens@uscg.mil. 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 Federal Building, Fifth Coast Guard District between 9
a.m. and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Christopher Humphrey, Prevention
Department, Sector North Carolina, at (252) 247-4525 or via e-mail to
Christopher.D.Humphrey@uscg.mil.
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 [CCGD05-07-
029], 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 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
The Outboard Drag Boat Association will be sponsoring a series of
seven (7) power boat racing events titled the ``Plymouth Drag Boat
Race''. The power boat races will be held on the following dates: June
24, July 22, August 11, 12, 19, September 30 and October 21, 2007. The
races will be held on the Roanoke River immediately adjacent to
Plymouth, North Carolina. The power boat races will consist of
approximately (30) vessels conducting high speed straight line runs
along the river and parallel with the shoreline. A fleet of spectator
vessels are expected to gather near the event site to view the
competition. To provide for the safety of participants, spectators and
other transiting vessels, the Coast Guard will temporarily restrict
vessel traffic in the event area during the power boat races.
Discussion of Proposed Rule
The Coast Guard proposes to establish special local regulations on
specified waters of the Roanoke River, in the vicinity of Plymouth, NC.
The regulated area includes a section of the Roanoke River
approximately one mile long and bounded in width by each shoreline,
immediately adjacent to Plymouth, NC. The effect of this regulation
would be to restrict general navigation in the regulated area during
the drag boat races. This special local regulation will be enforced
from 10 a.m. to 8:30 p.m. on June 24, July 22, August 11, 12, 19,
September 30 and October 21, 2007. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Non-participating vessels will
be allowed to transit the regulated area between races, when the Coast
Guard Patrol Commander determines it is safe to do so. This regulation
is needed to control vessel traffic during the event to enhance the
safety of participants, spectators and transiting vessels.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
[[Page 17457]]
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
regulation will prevent traffic from transiting a portion of the
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 notification that will be made
to the maritime community via marine information broadcast, local radio
stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, the regulated area has been narrowly
tailored to impose the least impact on general navigation yet provide
the level of safety deemed necessary. Vessel traffic will be able to
transit the regulated area between heats, when the Coast Guard Patrol
Commander deems it is safe to do so.
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: owners or operators of vessels intending to
transit this section of the Roanoke River from 10 a.m. to 8:30 p.m. on
June 24, July 22, August 11, 12, 19, September 30 and October 21, 2007.
This proposed rule would not have significant economic impact on a
substantial number of small entities for the following reasons.
Although the regulated area will apply to a one mile segment of the
Roanoke River, traffic may be allowed to pass through the regulated
area with the permission of the Coast Guard Patrol Commander. In the
case where the Patrol Commander authorizes passage through the
regulated area during the event, vessels shall proceed at the minimum
speed necessary to maintain a safe course that minimizes wake near the
race course. The Patrol Commander will allow non-participating vessels
to transit the area between races. Before the enforcement period, we
will issue maritime advisories so mariners can adjust their plans
accordingly.
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 (Public Law 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 U.S. Coast Guard Sector North
Carolina, listed at the beginning of this rule. 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
[[Page 17458]]
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 guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(h), of the
instruction, an ``Environmental Analysis Check List'' is not required
for this rule. Comments on this section will be considered before we
make the final decision on whether this rule should be categorically
excluded 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 amends
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.
2. Add temporary Sec. 100.35-T05-029 to read as follows:
Sec. 100.35-T05-029 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
350[deg]52'20'' N, longitude 0760[deg]44'47'' W, thence a line 180
degrees 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 June 24, July 22, August 11, 12, 19, September 30 and
October 21, 2007.
Dated: March 20, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 07-1621 Filed 4-6-07; 8:45 am]
BILLING CODE 4910-15-P
