Security Zone: America's 400th Celebration, Jamestown, VA, 25686-25688 [07-2246]

Download as PDF rwilkins on PROD1PC63 with RULES 25686 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations Special Local Regulation (SLR) and modified the regulations in 33 CFR 100.1304 for the safe execution of the Annual Seattle Yacht Club’s ‘‘Opening Day’’ Marine Parade on the waters of Portage Bay, Portage Cut (Montlake Cut), and Union Bay. This SLR provides for a regulated area to protect spectators and parade participants. Movements are regulated for all vessels in the area as described under 33 CFR 100.1304 or unless otherwise regulated by the Captain of the Port or his designee. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this SLR. The Coast Guard will enforce the SLR for the Annual Seattle Yacht Club’s ‘‘Opening Day’’ Marine Parade, Seattle, WA in 33 CFR 100.1304 on May 5, 2007, from 8 a.m. to 3 p.m. Under the provisions of 33 CFR 100.1304, the regulated area shall be closed for the duration of the event to all vessel traffic not participating in the event and authorized by the event sponsor or Coast Guard Patrol Commander. All persons or vessels not registered with the sponsor as participants or not part of the regatta patrol are considered spectators. Spectator vessels must be at anchor within a designated spectator area or moored to a waterfront facility in a way that will not interfere with the progress of the event. The following are established as spectator areas: (i) Northwest of the University Bridge. (ii) North of the log boom that will be placed in Union Bay. (iii) East of Webster Point so as not to interfere with the participating vessels departing Union Bay. No spectators shall anchor, block, loiter in, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times unless cleared for such entry by the Patrol Commander. Due to the large number of craft confined within this small body of water, all vessels, both spectator and participants, will maintain a ‘‘NO WAKE’’ speed. This requirement will be strictly enforced to preserve the safety of both life and property. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 100.1304 (c) and 5 U.S.C. 552 (a). VerDate Aug<31>2005 16:51 May 04, 2007 Jkt 211001 Dated: April 20, 2007. Mark J. Huebschman, Commander, U.S. Coast Guard, Captain of the Port, Puget Sound, Acting. [FR Doc. E7–8606 Filed 5–4–07; 8:45 am] 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: SUMMARY: The United States Coast Guard is amending the security zone encompassing waters within 2-nautical miles of Church Point, 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 7 a.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 Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking (NPRM) was not published for this regulation. Good cause exists for not publishing a NPRM for this regulation. This amended temporary final rule is of limited duration and is necessary to provide for the security of dignitaries and the public attending the America’s 400th Anniversary celebration. For the same reasons good cause exists for making this regulation effective less than 30 days after Federal PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Register publication under 5 U.S.C. 553(d)(3). 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. The Coast Guard previously published a NPRM in the Federal Register (72 FR 10958) and a temporary final rule in the Federal Register (72 FR 20053) implementing a security zone for this event. Under the temporary final rule, the security zone was in effect from 3 p.m. on May 11, 2007 until 10 p.m. on May 11, 2007; from 9 a.m. until 11 p.m. on May 12, 2007; and from 9 a.m. until 10 p.m. on May 13, 2007. Action is needed to provide additional protection for additional dignitaries and members of the public added after the publication of the temporary rule. As amended, this temporary security zone will only be in effect from 7 a.m. on May 11, 2007 until 10 p.m. on May 13, 2007. The operators of the Jamestown Ferry have already been contacted and agree to operate on a modified schedule within the security zone. 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 Rule The Coast Guard is amending the temporary security zone near Jamestown Island to provide protection to dignitaries and the public visiting the island. We are amending the temporary final rule to create a continuous effective period throughout the event. The amended security zone will be effective from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007. The amended security zone will also be enforced from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007. The security zone will encompass all navigable 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 E:\FR\FM\07MYR1.SGM 07MYR1 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 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. We expect the economic impact of this rule to be so minimal that a full regulatory evaluation 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. rwilkins on PROD1PC63 with RULES 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 7 a.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 VerDate Aug<31>2005 16:51 May 04, 2007 Jkt 211001 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 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 25687 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. E:\FR\FM\07MYR1.SGM 07MYR1 25688 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations Environment DEPARTMENT OF AGRICULTURE 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. Forest Service List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting & recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 subpart D as follows: I 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. Amend temporary § 165.T05–015 by revising paragraphs (d) and (e) to read as follows: I § 165.T05–015 Island, VA. Security Zone: Jamestown * * * * (d) Enforcement period: The security zone will be enforced from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007. (e) Effective period: This regulation is effective from 7 a.m. on May 11, 2007, to 10 p.m. on May 13, 2007. rwilkins on PROD1PC63 with RULES * Dated: April 27, 2007. John S. Kenyon, Commander, U.S. Coast Guard, Acting Captain of the Port, Hampton Roads. [FR Doc. 07–2246 Filed 11–3–07; 11:02 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 16:51 May 04, 2007 Jkt 211001 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018–AT99 Subsistence Management Regulations for Public Lands in Alaska, Subpart C; Nonrural Determinations AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This rule revises the list of nonrural areas identified by the Federal Subsistence Board (Board, we, us). Only residents of areas identified as rural are eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. We are changing Adak’s status to rural. We also are adding Prudhoe Bay to the list of nonrural areas. The following areas continue to be nonrural, but we are changing their boundaries: the Kenai Area; the Wasilla/Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) and the North Fork Road area; and the Ketchikan Area. We have also added Saxman to the Ketchikan nonrural area. We are making no other changes in status. This final rule differs from the proposed rule relative to the Kodiak area and Saxman: For reasons set forth below, we did not change the status of the Kodiak area from rural to nonrural, as we had proposed, and we included Saxman in the nonrural Ketchikan area, which we had not proposed. Residents of those areas changing from rural to nonrural have 5 years to come into compliance with this rule. DATES: Effective Date: This rule is effective June 6, 2007. Compliance Date: Compliance with the nonrural determinations for Prudhoe Bay, Point MacKenzie, the expanded portion of Sterling, Fritz Creek East, North Fork Road area, Saxman, and the additions to the Ketchikan nonrural area is required by May 7, 2012. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; 3601 C Street, Suite 1030, Anchorage, AK 99503, telephone (907) 786–3888. For questions PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786–3888. SUPPLEMENTARY INFORMATION: Background In Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), Congress found that ‘‘the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses * * *’’ and that ‘‘continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened. * * *’’ As a result, Title VIII requires, among other things, that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a program to provide rural Alaska residents a priority for the taking of fish and wildlife on public lands in Alaska for subsistence uses, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, priority, and participation specified in Sections 803, 804, and 805 of ANILCA. The State implemented a program that the Department of the Interior previously found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural priority in the State subsistence statute violated the Alaska Constitution. The Court’s ruling in McDowell caused the State to delete the rural priority from the subsistence statute, which therefore negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, the Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of Title VIII of ANILCA on public lands. On June 29, 1990, the Departments published the Temporary Subsistence Management Regulations for Public Lands in Alaska in the Federal Register (55 FR 27114). Permanent regulations were jointly published on May 29, 1992 (57 FR 22940), and have been amended since then. As a result of this joint process between Interior and Agriculture, these regulations can be found in the titles for Agriculture and Interior in the Code of Federal Regulations (CFR) both in title 36, ‘‘Parks, Forests, and Public E:\FR\FM\07MYR1.SGM 07MYR1

Agencies

[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Rules and Regulations]
[Pages 25686-25688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2246]


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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 amending the security zone 
encompassing waters within 2-nautical miles of Church Point, 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 7 a.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

    Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing a NPRM for this regulation. This amended temporary final 
rule is of limited duration and is necessary to provide for the 
security of dignitaries and the public attending the America's 400th 
Anniversary celebration.
    For the same reasons good cause exists for making this regulation 
effective less than 30 days after Federal Register publication under 5 
U.S.C. 553(d)(3).

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. The Coast Guard previously published a NPRM in the 
Federal Register (72 FR 10958) and a temporary final rule in the 
Federal Register (72 FR 20053) implementing a security zone for this 
event. Under the temporary final rule, the security zone was in effect 
from 3 p.m. on May 11, 2007 until 10 p.m. on May 11, 2007; from 9 a.m. 
until 11 p.m. on May 12, 2007; and from 9 a.m. until 10 p.m. on May 13, 
2007. Action is needed to provide additional protection for additional 
dignitaries and members of the public added after the publication of 
the temporary rule.
    As amended, this temporary security zone will only be in effect 
from 7 a.m. on May 11, 2007 until 10 p.m. on May 13, 2007. The 
operators of the Jamestown Ferry have already been contacted and agree 
to operate on a modified schedule within the security zone. 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 Rule

    The Coast Guard is amending the temporary security zone near 
Jamestown Island to provide protection to dignitaries and the public 
visiting the island. We are amending the temporary final rule to create 
a continuous effective period throughout the event. The amended 
security zone will be effective from 7 a.m. on May 11, 2007, until 10 
p.m. on May 13, 2007. The amended security zone will also be enforced 
from 7 a.m. on May 11, 2007, until 10 p.m. on May 13, 2007.
    The security zone will encompass all navigable 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

[[Page 25687]]

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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation 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 
7 a.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 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.

[[Page 25688]]

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 amends 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. Amend temporary Sec.  165.T05-015 by revising paragraphs (d) and (e) 
to read as follows:


Sec.  165.T05-015  Security Zone: Jamestown Island, VA.

* * * * *
    (d) Enforcement period: The security zone will be enforced from 7 
a.m. on May 11, 2007, until 10 p.m. on May 13, 2007.
    (e) Effective period: This regulation is effective from 7 a.m. on 
May 11, 2007, to 10 p.m. on May 13, 2007.

    Dated: April 27, 2007.
John S. Kenyon,
Commander, U.S. Coast Guard, Acting Captain of the Port, Hampton Roads.
[FR Doc. 07-2246 Filed 11-3-07; 11:02 am]
BILLING CODE 4910-15-P