Security Zone: America's 400th Celebration, Jamestown, VA, 20053-20055 [E7-7669]
Download as PDF
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
Dated: April 6, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. E7–7670 Filed 4–20–07; 8:45 am]
is now a heightened awareness that
vessels or persons could engage in
subversive activity against targets ashore
in the United States. This regulation is
necessary to protect attendees of
America’s 400th Anniversary
celebration on Jamestown Island, VA,
from potential maritime threats. This
temporary security zone will only be in
effect from 3 p.m. on May 11, 2007 until
10 p.m. on May 13th, 2007. This zone
will have minimal impact on vessel
transits because vessels can request
authorization from the Captain of the
Port (COTP) to safely transit through the
zone and they are not precluded from
using any portion of the waterway
except the security zone area itself.
Additionally, public notifications
announcing this regulation will be made
via marine information broadcasts prior
to the zone taking effect.
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–07–015]
RIN 1625–AA00
Security Zone: America’s 400th
Celebration, Jamestown, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The United States Coast
Guard is establishing a security zone
encompassing waters within 2-nautical
miles of Church Point at 37–12.45N,
076–46.66W, Jamestown Island, VA, for
America’s 400th Anniversary
celebration. This action is intended to
restrict vessel traffic within the security
zone. This security zone is necessary to
protect attendees of this event from
potential maritime hazards and threats
and enhance public and maritime
security.
DATES: This rule is effective from 3 p.m.
on May 11, 2007 until 10 p.m. on May
13, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–07–
015 and are available for inspection or
copying at USCG Sector Hampton
Roads, 4000 Coast Guard Blvd.,
Portsmouth, Virginia 23703, between
9:30 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Thomas Tarrants, Enforcement
Branch Chief, U.S. Coast Guard Sector
Hampton Roads, Virginia at (757) 483–
8571.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PRODPC74 with RULES
SUMMARY:
Regulatory Information
On March 12, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone: America’s
400th Celebration, Jamestown, VA,’’ in
the Federal Register (72 FR 10958). We
received no letters commenting on the
proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
Following terrorist attacks on the
United States in September 2001, there
VerDate Aug<31>2005
15:21 Apr 20, 2007
Jkt 211001
Discussion of Comments and Changes
The Coast Guard received no
comments from the public regarding the
Notice of Proposed Rulemaking. As no
public comments were received, no
changes were made to the Notice of
Proposed Rulemaking.
Discussion of Rule
The Coast Guard is establishing a
temporary security zone on specified
waters to provide protection to
dignitaries visiting Jamestown Island.
The security zone will be effective from
3 p.m. on May 11, 2007, until 10 p.m.
on May 13, 2007. The security zone will
be enforced from 3 p.m. until 10 p.m.
on May 11, 2007; from 9 a.m. to 11 p.m.
on May 12, 2007; and from 9 a.m. to 10
p.m. on May 13, 2007.
The security zone will encompass all
waters around Jamestown Island, VA
within a 2-nautical mile radius of
Church Point at 37–12.45N, 076–
46.66W. No persons or vessels may
enter or remain in the regulated area
without authorization by the Captain of
the Port, Hampton Roads, or his
designated representative.
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
20053
regulatory policies and procedures of
DHS is unnecessary. Although this
rulemaking restricts access to the
regulated area, the effect of this
rulemaking will not be significant
because: (i) The COTP may authorize
access to the security zone; (ii) the
security zone will be in effect for a
limited duration; (iii) the Coast Guard
will make notifications via maritime
advisories 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.
However, this rule may affect the
following entities, some of which may
be small entities: the owners and
operators of vessels intending to transit
or anchor in the described portion of the
security zone between 3 p.m. on May
11, 2007, to 10 p.m. on May 13, 2007.
The security zone will not have a
significant impact on a substantial
number of small entities because the
zone does not encompass a high vessel
traffic area, and vessels can request
authorization from the COTP to enter
the zone. Maritime advisories will also
be issued, so the 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 want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the
rulemaking would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact LCDR
Thomas Tarrants, Enforcement Branch
Chief, U.S. Coast Guard Sector Hampton
Roads, Virginia at (757) 483–8571.
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
E:\FR\FM\23APR1.SGM
23APR1
20054
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
and 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 U.S.
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
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
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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.
cprice-sewell on PRODPC74 with RULES
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
VerDate Aug<31>2005
15:21 Apr 20, 2007
Jkt 211001
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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs 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 M16475.1D
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 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, we believe that this rule
should be categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. A final ‘‘Environmental
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
will be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting & recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 subpart D as
follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub.L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–015, to
read as follows:
I
§ 165.T05–015
Island, VA.
Security Zone: Jamestown
(a) Location. The following area is a
security zone: All waters within a 2nautical mile radius of Church Point at
37–12.45N, 076–46.66W on Jamestown
Island, VA.
(b) Definition. As used in this section;
Designated representative means any
U.S. Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his
behalf.
(c) Regulation. (1) In accordance with
the general regulations in 165.33 of this
part, entry into this zone as described in
paragraph (a) is prohibited unless
authorized by the Captain of the Port,
Hampton Roads, Virginia, or his
designated representative.
(2) The operator of any vessel in the
immediate vicinity of this security zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by the Captain
of the Port, Hampton Roads, Virginia, or
his designated representative on board a
vessel displaying a U.S. Coast Guard
Ensign.
(ii) Proceed as directed by the Captain
of the Port, Hampton Roads, Virginia, or
his designated representative on board a
vessel displaying a U.S. Coast Guard
Ensign.
(3) The Captain of the Port, Hampton
Roads, Virginia can be contacted at
telephone number (757) 668–5555.
(4) U.S. Coast Guard vessels enforcing
the security zone can be contacted on
VHF–FM marine band radio, channel 13
E:\FR\FM\23APR1.SGM
23APR1
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period. The security
zone will be enforced from 3 p.m. until
10 p.m. on May 11, 2007; from 9 a.m.
to 11 p.m. on May 12, 2007; and from
9 a.m. to 10 p.m. on May 13, 2007.
(e) Effective period. This regulation is
effective from 3 p.m. on May 11, 2007,
to 10 p.m. on May 13, 2007.
Dated: April 6, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. E7–7669 Filed 4–20–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket No. PHMSA–2005–22642]
RIN 2137–AE09
Pipeline Safety: Design and
Construction Standards To Reduce
Internal Corrosion in Gas
Transmission Pipelines
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of
Transportation.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule requires
operators to use design and construction
features in new and replaced gas
transmission pipelines to reduce the
risk of internal corrosion. The design
and construction features required by
this rule will reduce the risk of internal
corrosion and related pipeline failures
by reducing the potential for
accumulation of liquids and facilitating
operation and maintenance practices
that address internal corrosion.
DATES: This final rule takes effect May
23, 2007.
FOR FURTHER INFORMATION CONTACT:
Barbara Betsock by phone at (202) 366–
4361, by fax at (202) 366–4566, or by email at barbara.betsock@dot.gov.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PRODPC74 with RULES
Background
We initiated this rulemaking
proceeding in response to a 2003
recommendation of the National
Transportation Safety Board (NTSB) and
corresponding advice of the Technical
Pipeline Safety Standards Committee
(TPSSC). The NTSB recommendation
arose out of its investigation of the
VerDate Aug<31>2005
15:21 Apr 20, 2007
Jkt 211001
August 19, 2000 gas transmission
pipeline explosion near Carlsbad, New
Mexico in which 12 people were killed.
In its accident investigation report,
PAR–03–01, issued February 11, 2003,
the NTSB concluded that the immediate
cause of the Carlsbad pipeline failure
was severe internal corrosion. The
NTSB recommended that PHMSA (1)
require that new and replaced gas
transmission pipelines be designed and
constructed with features to mitigate
internal corrosion; (2) require operators
to ensure that their internal corrosion
control programs address water and
other contaminants in the corrosion
process; and (3) change its Federal
inspection to ensure adequate
assessments of pipeline operator safety
programs. In 2004 and 2005, the NTSB
closed as acceptable PHMSA actions to
respond to the second and third
recommendations. This rulemaking
proceeding responds to the first
recommendation.
On December 15, 2005, PHMSA
published a notice of proposed
rulemaking (NPRM) in the Federal
Register (70 FR 74262) proposing to
require operators to use design and
construction features to reduce the risk
of internal corrosion in transmission
pipelines. As we explained in the
NPRM, the proposed rule was intended
to prevent the risk of internal corrosion
by applying knowledge and experience
about the causes and prevention of
corrosion to design of pipelines. The
incorporation of design features to
address internal corrosion improves the
ability of the operator to prevent
internal corrosion and facilitates
maintenance activities to control
internal corrosion.
The basic requirements of this final
rule are similar to those proposed in the
NPRM. New and replaced gas
transmission pipelines must be
configured to reduce the risk that
liquids will collect in the line; have
effective liquid removal features; and
allow use of corrosion monitoring
devices in locations with significant
potential for internal corrosion. When
an operator changes the configuration of
a pipeline, the operator must consider
and address the impact the changes will
have on the risk of internal corrosion in
an existing downstream pipeline. This
final rule does not supersede or negate
the requirement to address internal
corrosion during operation and
maintenance activities. Designing and
building a pipeline in accordance with
the final rule will not prevent internal
corrosion unless the operator also
follows a well-planned maintenance
program. For example, incorporating
equipment to measure gas quality will
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
20055
not prevent internal corrosion unless it
is used and the operator acts on the
results.
Advisory Committee Consideration
PHMSA briefed the TPSSC in June
2005 and considered the Committee’s
advice in developing the NPRM.
PHMSA presented the NPRM and
regulatory evaluation to the TPSSC for
formal consideration at their meeting on
June 28, 2006. At that meeting, members
expressed concern that the proposed
documentation requirements were
burdensome. TPSSC members asked for
information about whether PHMSA
intended to require detailed
documentation of every action taken
during design and construction; what
alternatives commenters suggested; and
how the NTSB reached its
recommendation. PHMSA provided
additional information in the form of a
concept paper on the documentation
needed for compliance, an expanded
summary of comments, and excerpts
from the NTSB report on the Carlsbad
incident. PHMSA briefed the TPSSC at
a meeting on August 26, 2006 and
outlined changes we intended to make
in response to comments. A few
members expressed individual concerns
about particular issues. These concerns
are addressed in the remainder of this
preamble. The TPSSC voted
unanimously to support the NPRM as
technically feasible, reasonable, costeffective and practicable, provided the
final rule included the changes PHMSA
outlined at the meeting. In addition, the
TPSSC advised PHMSA to hold
discussions in an open forum on
enforcement criteria, including protocol
development and recordkeeping. The
final rule is consistent with the
discussion at the TPSSC meeting. In
accordance with the TPSSC’s advice,
PHMSA intends to convene an open
forum soon after the final rule is issued.
Comments on the NPRM
PHMSA received public comments on
the NPRM from 18 commenters, 13 of
them operators of gas transmission
pipelines. The Gas Piping Technology
Committee, Interstate Natural Gas
Association of America, American Gas
Association, the Texas Pipeline
Association, and the Iowa Utilities
Board also commented. Commenters
agreed with the basic concept of the
proposal—addressing internal corrosion
risks during design and construction.
Most commenters viewed the
documentation requirements of the
proposed rule as burdensome. Some
expressed confusion about what an
operator would have to do to comply.
As an example, some questioned
E:\FR\FM\23APR1.SGM
23APR1
Agencies
[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Rules and Regulations]
[Pages 20053-20055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7669]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-07-015]
RIN 1625-AA00
Security Zone: America's 400th Celebration, Jamestown, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Coast Guard is establishing a security zone
encompassing waters within 2-nautical miles of Church Point at 37-
12.45N, 076-46.66W, Jamestown Island, VA, for America's 400th
Anniversary celebration. This action is intended to restrict vessel
traffic within the security zone. This security zone is necessary to
protect attendees of this event from potential maritime hazards and
threats and enhance public and maritime security.
DATES: This rule is effective from 3 p.m. on May 11, 2007 until 10 p.m.
on May 13, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-07-015 and are available for
inspection or copying at USCG Sector Hampton Roads, 4000 Coast Guard
Blvd., Portsmouth, Virginia 23703, between 9:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Thomas Tarrants, Enforcement
Branch Chief, U.S. Coast Guard Sector Hampton Roads, Virginia at (757)
483-8571.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 12, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone: America's 400th Celebration,
Jamestown, VA,'' in the Federal Register (72 FR 10958). We received no
letters commenting on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
Following terrorist attacks on the United States in September 2001,
there is now a heightened awareness that vessels or persons could
engage in subversive activity against targets ashore in the United
States. This regulation is necessary to protect attendees of America's
400th Anniversary celebration on Jamestown Island, VA, from potential
maritime threats. This temporary security zone will only be in effect
from 3 p.m. on May 11, 2007 until 10 p.m. on May 13th, 2007. This zone
will have minimal impact on vessel transits because vessels can request
authorization from the Captain of the Port (COTP) to safely transit
through the zone and they are not precluded from using any portion of
the waterway except the security zone area itself. Additionally, public
notifications announcing this regulation will be made via marine
information broadcasts prior to the zone taking effect.
Discussion of Comments and Changes
The Coast Guard received no comments from the public regarding the
Notice of Proposed Rulemaking. As no public comments were received, no
changes were made to the Notice of Proposed Rulemaking.
Discussion of Rule
The Coast Guard is establishing a temporary security zone on
specified waters to provide protection to dignitaries visiting
Jamestown Island. The security zone will be effective from 3 p.m. on
May 11, 2007, until 10 p.m. on May 13, 2007. The security zone will be
enforced from 3 p.m. until 10 p.m. on May 11, 2007; from 9 a.m. to 11
p.m. on May 12, 2007; and from 9 a.m. to 10 p.m. on May 13, 2007.
The security zone will encompass all waters around Jamestown
Island, VA within a 2-nautical mile radius of Church Point at 37-
12.45N, 076-46.66W. No persons or vessels may enter or remain in the
regulated area without authorization by the Captain of the Port,
Hampton Roads, or his designated representative.
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 rulemaking restricts access to the
regulated area, the effect of this rulemaking will not be significant
because: (i) The COTP may authorize access to the security zone; (ii)
the security zone will be in effect for a limited duration; (iii) the
Coast Guard will make notifications via maritime advisories 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.
However, this rule may affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit or anchor in the described portion of the security zone between
3 p.m. on May 11, 2007, to 10 p.m. on May 13, 2007. The security zone
will not have a significant impact on a substantial number of small
entities because the zone does not encompass a high vessel traffic
area, and vessels can request authorization from the COTP to enter the
zone. Maritime advisories will also be issued, so the 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 want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the
rulemaking would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR Thomas
Tarrants, Enforcement Branch Chief, U.S. Coast Guard Sector Hampton
Roads, Virginia at (757) 483-8571.
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
[[Page 20054]]
and 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 U.S. 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 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 M16475.1D
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 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, we believe that this rule should be categorically excluded,
under figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting &
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard proposes to
amend 33 CFR part 165 subpart D as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-015, to read as follows:
Sec. 165.T05-015 Security Zone: Jamestown Island, VA.
(a) Location. The following area is a security zone: All waters
within a 2-nautical mile radius of Church Point at 37-12.45N, 076-
46.66W on Jamestown Island, VA.
(b) Definition. As used in this section; Designated representative
means any U.S. Coast Guard commissioned, warrant or petty officer who
has been authorized by the Captain of the Port, Hampton Roads, Virginia
to act on his behalf.
(c) Regulation. (1) In accordance with the general regulations in
165.33 of this part, entry into this zone as described in paragraph (a)
is prohibited unless authorized by the Captain of the Port, Hampton
Roads, Virginia, or his designated representative.
(2) The operator of any vessel in the immediate vicinity of this
security zone shall:
(i) Stop the vessel immediately upon being directed to do so by the
Captain of the Port, Hampton Roads, Virginia, or his designated
representative on board a vessel displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by the Captain of the Port, Hampton Roads,
Virginia, or his designated representative on board a vessel displaying
a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton Roads, Virginia can be
contacted at telephone number (757) 668-5555.
(4) U.S. Coast Guard vessels enforcing the security zone can be
contacted on VHF-FM marine band radio, channel 13
[[Page 20055]]
(156.65 MHz) and channel 16 (156.8 MHz).
(d) Enforcement period. The security zone will be enforced from 3
p.m. until 10 p.m. on May 11, 2007; from 9 a.m. to 11 p.m. on May 12,
2007; and from 9 a.m. to 10 p.m. on May 13, 2007.
(e) Effective period. This regulation is effective from 3 p.m. on
May 11, 2007, to 10 p.m. on May 13, 2007.
Dated: April 6, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E7-7669 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-15-P