Special Local Regulations for Marine Events; York River, Yorktown, VA, 18422-18424 [E7-6943]
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18422
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Proposed Rules
3/1/08
principal
Indebtedness treated as if evidenced by written instrument ...........................................
Open account debt ..........................................................................................................
4/1/08
repayment
9/1/08
advance
$12,000
....................
$3,000
....................
....................
$2,000
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E7–6764 Filed 4–11–07; 8:45 am]
(dpi), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, hand-deliver them to
Room 415 at the same address between
9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays, or fax
them to (757) 398–6203. The
Inspections and Investigations Branch,
Fifth Coast Guard District, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the above
address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager, Fifth
Coast Guard District, Inspections and
Investigations Branch, at (757) 398–
6204.
BILLING CODE 4830–01–P
SUPPLEMENTARY INFORMATION:
Par. 3. Section 1.1367–3 is amended
as follows:
1. The section heading is revised.
2. The first sentence of the paragraph
is revised.
3. A new second and last sentence are
added.
The revisions and additions read as
follows:
§ 1.1367–3
rules.
Effective dates and transitional
Section 1.1367–2(a), (c)(2), (d)(2), and
(e) Example 6 and Example 7 apply to
any shareholder advances to the S
corporation made on or after the date
these regulations are published as final
regulations in the Federal Register and
repayments on those advances by the S
corporation.
Request for Comments
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–031]
RIN 1625–AA08
Special Local Regulations for Marine
Events; York River, Yorktown, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
rmajette on PROD1PC67 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes to
establish special local regulations
during the ‘‘Watermen’s Heritage
Festival Workboat Races,’’ a marine
event to be held July 15, 2007 on the
waters of the York River, Yorktown,
Virginia. These special local regulations
are necessary to provide for the safety of
life on navigable waters during the
event. This action is intended to
temporarily restrict vessel traffic in a
portion of the York River during the
event.
Comments and related material
must reach the Coast Guard on or before
May 14, 2007.
ADDRESSES: You may mail comments
and related material to Commander
DATES:
VerDate Aug<31>2005
15:48 Apr 11, 2007
Jkt 211001
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 (CGD05–07–031),
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 July 15, 2007, the Watermen’s
Museum of Yorktown, VA will sponsor
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Fmt 4702
Sfmt 4702
12/31/08
principal
$9,000
2,000
‘‘Watermen’s Heritage Festival
Workboat Races’’ on the York River,
immediately adjacent and north of the
shoreline at Yorktown River Cliffs. The
event will consist of approximately 40
traditional Chesapeake Bay deadrise
workboats racing along a marked
straight line race course in heats of 2 to
4 boats for a distance of approximately
1000 yards. Due to the need for vessel
control during the event, the Coast
Guard will temporarily restrict vessel
traffic in the event area to provide for
the safety of participants, spectators and
other transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish
temporary special local regulations on
specified waters of the York River,
Yorktown, Virginia. The regulations will
be in effect from 9 a.m. to 5:30 p.m. on
July 15, 2007. The effect will be to
restrict general navigation in the
regulated area during the event. Except
for persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area. Vessel traffic will be
allowed to transit the regulated area at
slow speed between heats, when the
Coast Guard Patrol Commander
determines it is safe to do so. These
regulations are 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. 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 is
unnecessary. Although this regulation
will prevent traffic from transiting a
portion of the York 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
E:\FR\FM\12APP1.SGM
12APP1
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Proposed Rules
18423
Assistance for Small Entities
Protection of Children
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the address
listed under ADDRESSES. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Small Entities
rmajette on PROD1PC67 with PROPOSALS
notifications that will be made to the
maritime community via the Local
Notice to Mariners, marine information
broadcasts, area newspapers and local
radio stations, 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 at slow speed between
heats, when the Coast Guard Patrol
Commander deems it is safe to do so. In
many cases vessel traffic will be able to
transit around the regulated using the
marked navigation channel along the
York River.
Collection of Information
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: the owners or
operators of vessels intending to transit
or anchor in the effected portions of the
York River during the event.
Although this regulation prevents
traffic from transiting a portion of the
York 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 be in effect for only a limited
period. 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.
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.
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Federalism
Energy Effects
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
VerDate Aug<31>2005
15:48 Apr 11, 2007
Jkt 211001
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
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Indian Tribal Governments
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.
E:\FR\FM\12APP1.SGM
12APP1
18424
Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Proposed Rules
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA)(42 U.S.C. 4321–4370f),
and have concluded that there are no
factors in this case that would limit the
use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine parade permit
are specifically excluded from further
analysis and documentation under that
section.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
been designated by the Commander,
Coast Guard Sector Hampton Roads.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Hampton Roads
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the Watermen’s Heritage
Festival Workboat races under the
auspices of a Marine Event Permit
issued to the event sponsor and
approved by Commander, Coast Guard
Sector Hampton Roads.
(c) Special local regulations: (1)
Except for event participants and
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.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the race course.
(d) Effective period: This section will
enforced from 9 a.m. to 5:30 p.m. on
July 15, 2007.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
Dated: March 29, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–6943 Filed 4–11–07; 8:45 am]
PART 100—REGATTAS AND MARINE
PARADES
BILLING CODE 4910–15–P
1. The authority citation for part 100
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–031
to read as follows:
rmajette on PROD1PC67 with PROPOSALS
§ 100.35–T05–031
VA.
York River, Yorktown,
(a) Regulated area. The regulated area
includes the waters of the York River,
Yorktown, Virginia, bounded on the
west by a line drawn along longitude
076°31′30″ West, bounded on the east
by a line drawn along longitude
076°30′50″ West, bounded on the south
by the shoreline and bounded on the
north by a line drawn parallel and 400
yards north of the southern shoreline.
All coordinates reference Datum NAD
1983.
(b) Definitions: The following
definitions apply to this section:
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
VerDate Aug<31>2005
15:48 Apr 11, 2007
Jkt 211001
vessel traffic in portions on the
Pasquotank River adjacent to Elizabeth
City, North Carolina during the power
boat race.
Comments and related material
must reach the Coast Guard on or before
May 14, 2007.
DATES:
You may mail comments
and related material to Commander
Fifth Coast Guard District (dpi), 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 above
address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
CWO Humphrey, Marine Event
Coordinator, Coast Guard Sector North
Carolina at (252)247–4525.
SUPPLEMENTARY INFORMATION:
Request for Comments
AGENCY:
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 [CGD05–07–027],
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.
ACTION:
Public Meeting
Coast Guard
33 CFR Part 100
[CGD05–07–027]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Pasquotank River, Elizabeth
City, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to
establish special local regulations for
the ‘‘Carolina Cup Regatta’’, a power
boat race to be held on the waters of the
Pasquotank River, Elizabeth City, 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
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\12APP1.SGM
12APP1
Agencies
[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Proposed Rules]
[Pages 18422-18424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6943]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-031]
RIN 1625-AA08
Special Local Regulations for Marine Events; York River,
Yorktown, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations during the ``Watermen's Heritage Festival Workboat Races,''
a marine event to be held July 15, 2007 on the waters of the York
River, Yorktown, Virginia. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to temporarily restrict vessel
traffic in a portion of the York River during the event.
DATES: Comments and related material must reach the Coast Guard on or
before May 14, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, or fax them to (757) 398-6203. The Inspections and
Investigations Branch, Fifth Coast Guard District, maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the above address between 9 a.m.
and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth
Coast Guard District, 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-
031), 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 July 15, 2007, the Watermen's Museum of Yorktown, VA will
sponsor ``Watermen's Heritage Festival Workboat Races'' on the York
River, immediately adjacent and north of the shoreline at Yorktown
River Cliffs. The event will consist of approximately 40 traditional
Chesapeake Bay deadrise workboats racing along a marked straight line
race course in heats of 2 to 4 boats for a distance of approximately
1000 yards. Due to the need for vessel control during the event, the
Coast Guard will temporarily restrict vessel traffic in the event area
to provide for the safety of participants, spectators and other
transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of the York River, Yorktown, Virginia.
The regulations will be in effect from 9 a.m. to 5:30 p.m. on July 15,
2007. The effect will be to restrict general navigation in the
regulated area during the event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area. Vessel traffic will be allowed
to transit the regulated area at slow speed between heats, when the
Coast Guard Patrol Commander determines it is safe to do so. These
regulations are 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. 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 is unnecessary. Although this
regulation will prevent traffic from transiting a portion of the York
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
[[Page 18423]]
notifications that will be made to the maritime community via the Local
Notice to Mariners, marine information broadcasts, area newspapers and
local radio stations, 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 at slow speed between heats, when the Coast Guard Patrol Commander
deems it is safe to do so. In many cases vessel traffic will be able to
transit around the regulated using the marked navigation channel along
the York River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to transit or anchor in the effected
portions of the York River during the event.
Although this regulation prevents traffic from transiting a portion
of the York 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 be in effect for
only a limited period. 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. 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 18424]]
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 parade permit are specifically excluded from further
analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add a temporary Sec. 100.35-T05-031 to read as follows:
Sec. 100.35-T05-031 York River, Yorktown, VA.
(a) Regulated area. The regulated area includes the waters of the
York River, Yorktown, Virginia, bounded on the west by a line drawn
along longitude 076[deg]31'30'' West, bounded on the east by a line
drawn along longitude 076[deg]30'50'' West, bounded on the south by the
shoreline and bounded on the north by a line drawn parallel and 400
yards north of the southern shoreline. All coordinates reference Datum
NAD 1983.
(b) Definitions: The following definitions apply to this section:
(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 Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the
Watermen's Heritage Festival Workboat races under the auspices of a
Marine Event Permit issued to the event sponsor and approved by
Commander, Coast Guard Sector Hampton Roads.
(c) Special local regulations: (1) Except for event participants
and 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.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
(d) Effective period: This section will enforced from 9 a.m. to
5:30 p.m. on July 15, 2007.
Dated: March 29, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-6943 Filed 4-11-07; 8:45 am]
BILLING CODE 4910-15-P