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