Special Local Regulations for Marine Events; Delaware River, Delaware City, DE, 28607-28609 [E7-9777]
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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations
the plan are qualified public safety
employees (within the meaning of
section 72(t)(10)(B)).
(3) Benefit distribution prior to
retirement. For purposes of paragraph
(b)(1)(i) of this section, retirement does
not include a mere reduction in the
number of hours that an employee
works. Accordingly, benefits may not be
distributed prior to normal retirement
age solely due to a reduction in the
number of hours that an employee
works.
(4) Effective date. Except as otherwise
provided in this paragraph (b)(4),
paragraphs (b)(2) and (3) of this section
are effective May 22, 2007. In the case
of a governmental plan (as defined in
section 414(d)), paragraphs (b)(2) and (3)
of this section are effective for plan
years beginning on or after January 1,
2009. In the case of a plan maintained
pursuant to one or more collective
bargaining agreements that have been
ratified and are in effect on May 22,
2007, paragraphs (b)(2) and (3) of this
section do not apply before the first plan
year that begins after the last of such
agreements terminate determined
without regard to any extension thereof
(or, if earlier, May 24, 2010. See
§ 1.411(d)–4, A–12, for a special
transition rule in the case of a plan
amendment that increases a plan’s
normal retirement age pursuant to
paragraph (b)(2) of this section.
I Par. 3. Section 1.411(d)–4 is amended
by adding Q&A–12 as follows:
§ 1.411(d)–4
benefits.
Section 411(d)(6) protected
cprice-sewell on PRODPC61 with RULES
*
*
*
*
*
Q–12. Is there a transition period
during which a plan is permitted to
eliminate a right to in-service
distributions in connection with an
amendment to ensure that the plan’s
normal retirement age satisfies the
requirements of § 1.401(a)–1(b)(2)?
A–12. (a) In general. A plan
amendment that changes the normal
retirement age under the plan to a later
normal retirement age pursuant to
§ 1.401(a)–1(b)(2) does not violate
section 411(d)(6) merely because it
eliminates a right to an in-service
distribution prior to the amended
normal retirement age. However, this
paragraph does not provide relief from
any other applicable requirements; for
example, this relief does not permit the
amendment to violate section 411(a)(9)
(requiring that the normal retirement
benefit not be less than the greater of
any early retirement benefit payable
under the plan or the benefit under the
plan commencing at normal retirement
age), section 411(a)(10) (if the
amendment changes the plan’s vesting
VerDate Aug<31>2005
15:01 May 21, 2007
Jkt 211001
rules), section 411(d)(6) (other than
elimination of the right to an in-service
distribution prior to the amended
normal retirement age), or section 4980F
(relating to an amendment that reduces
the rate of future benefit accrual). This
paragraph only applies to a plan
amendment that is adopted after May
22, 2007 and on or before the last day
of the applicable remedial amendment
period under § 1.401(b)–1 with respect
to the requirements of § 1.401(a)–1(b)(2)
and (3).
(b) Example. The following example
illustrates the application of this
section:
(i) Facts. (A) Plan A is a defined benefit
plan intended to be qualified under section
401(a). Plan A is maintained by a calendar
year taxpayer and has a normal retirement
age that is age 45. For employees who cease
employment before normal retirement age
with a vested benefit, Plan A permits benefits
to commence at any date after the attainment
of normal retirement age through attainment
of age 701⁄2 and provides for benefits to be
actuarially increased to the extent they
commence after normal retirement age. For
employees who continue employment after
attainment of normal retirement age, Plan A
provides for benefits to continue to accrue
and permits benefits to commence at any
time, with an actuarial increase in benefits to
apply to the extent benefits do not commence
after normal retirement age. Age 45 is an age
that is earlier than the earliest age that is
reasonably representative of the typical
retirement age for the industry in which the
covered workforce is employed.
(B) On February 18, 2008, Plan A is
amended, effective May 22, 2007, to change
its normal retirement age to the later of age
65 or the fifth anniversary of participation in
the plan. The amendment provides full
vesting for any participating employee who
is employed on May 21, 2007, and who
terminates employment on or after attaining
age 45. The amendment provides employees
who cease employment before the revised
normal retirement age and who are entitled
to a vested benefit with the right to be able
to commence benefits at any date from age
45 to age 701⁄2. The plan amendment also
revises the plan’s benefit accrual formula so
that the benefit for prior service (payable
commencing at the revised normal retirement
age or any other age after age 45) is not less
than would have applied under the plan’s
formula before the amendment (also payable
commencing at the corresponding dates),
based on the benefit accrued on May 21,
2007, and provides for service thereafter to
have the same rate of future benefit accrual.
Thus, for any participant employed on May
21, 2007, with respect to benefits accrued for
service after May 21, 2007, the amount
payable under the plan (as amended) at any
benefit commencement date after age 45 is
the same amount that would have been
payable at that benefit commencement date
under the plan prior to amendment. The plan
amendment also eliminates the right to an inservice distribution between age 45 and the
revised normal retirement age. Plan A has
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Fmt 4700
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28607
been operated since May 22, 2007, in
conformity with the amendment adopted on
February 18, 2008.
(ii) Conclusion. The plan amendment does
not violate section 411(d)(6). Although the
amendment eliminates the right to
commence benefits in-service between age 45
and the revised normal retirement age, the
amendment is made before the last day of the
remedial amendment period applicable to the
plan under § 1.401(b)–1 with respect to the
requirements of § 1.401(a)–1(b)(2) and (3),
and therefore the amendment is permitted
under paragraph (a) of this A–12. Further, the
amendment does not result in a reduction in
any benefit for service after May 22, 2007.
Thus, the amendment does not result in a
reduction in any benefit for future service,
and advance notice of a significant reduction
in the rate of future benefit accrual is not
required under section 4980F.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: May 9, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–9643 Filed 5–21–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–020]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Delaware River, Delaware City,
DE
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘7th Annual
Escape from Fort Delaware Triathlon’’,
an event to be held June 9, 2007 on the
waters of Delaware River at Delaware
City, DE. These special local regulations
are necessary to provide for the safety of
life on navigable waters during the
event. This action will temporarily
restrict vessel traffic in a portion of the
Delaware River during the 7th Annual
Escape from Fort Delaware Triathlon.
DATES: This rule is effective from 5:30
a.m. to 10:30 a.m. on June 9, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket (CGD05–07–
020) and are available for inspection or
copying at Commander (dpi), Fifth
Coast Guard District, 431 Crawford
E:\FR\FM\22MYR1.SGM
22MYR1
28608
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations
Street, Portsmouth, Virginia 23704–
5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
D.M. Sens, Project Manager, Compliance
and Inspection Branch, at (757) 398–
6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 21, 2007, we published a
Notice of proposed rulemaking (NPRM)
entitled Special Local Regulations for
Marine Events; Delaware River,
Delaware City, DE in the Federal
Register (72 FR 13221). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, support craft and other
vessels transiting the event area.
However, advance notifications will be
made to affected waterway users via
marine information broadcasts, area
newspapers and local radio stations.
cprice-sewell on PRODPC61 with RULES
Background and Purpose
On June 9, 2007, the Escape from Fort
Delaware Triathlon, Inc. will sponsor
the ‘‘7th Annual Escape from Fort
Delaware Triathlon’’. The swimming
segment of the event will consist of
approximately 500 swimmers
competing across a one mile course
along the Delaware River between Pea
Patch Island and Delaware City,
Delaware. The competition will begin at
Pea Patch Island. The participants will
swim across to the finish line located at
the Delaware City Wharf, swimming
approximately one mile, across
Bulkhead Shoal Channel.
Approximately 20 support vessels will
accompany the swimmers. Due to the
need for vessel control during the
swimming event, the Coast Guard will
temporarily restrict vessel traffic in the
event area to provide for the safety of
participants, support craft and other
transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive
comments in response to the Notice of
proposed rulemaking (NPRM) published
in the Federal Register. Accordingly,
the Coast Guard is establishing
temporary special local regulations on
specified waters of the Delaware River,
near Delaware City, DE.
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15:01 May 21, 2007
Jkt 211001
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 regulation restricts
vessel traffic from transiting a portion of
the Delaware River during the event, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via marine information
broadcasts, area newspapers and radio
stations 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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit this section
of the Delaware River during the event.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be in
effect for only a short period, from 5:30
a.m. to 10:30 a.m. on June 9, 2007.
Vessels desiring to transit the event area
will be able to transit the regulated area
at slow speed as the swim progresses,
when the Coast Guard Patrol
Commander determines it is safe to do
so. Before the enforcement period, we
will issue maritime advisories so
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),
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
the address listed under ADDRESSES. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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 the 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 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
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
E:\FR\FM\22MYR1.SGM
22MYR1
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations
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. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
cprice-sewell on PRODPC61 with RULES
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.
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15:01 May 21, 2007
Jkt 211001
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.lD
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine event permit
are specifically excluded from further
analysis and documentation under those
sections.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
28609
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Special local regulations. (1)
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the regulated area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any Official
Patrol.
(d) Enforcement period. This section
will be enforced from 5:30 a.m. to 10:30
a.m. on June 9, 2007.
Dated: May 12, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–9777 Filed 5–21–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 100
Coast Guard
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
33 CFR Part 117
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
ACTION:
1. The authority citation for part 100
continues to read as follows:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Stratford Avenue
Bridge across the Pequonnock River,
mile 0.1, at Bridgeport, Connecticut.
Under this temporary deviation, in
effect from May 29, 2007 through
September 17, 2007, the Stratford
Avenue Bridge may remain in the
closed position, except for scheduled
daily bridge openings. This deviation is
necessary to facilitate scheduled bridge
maintenance.
DATES: This deviation is effective from
May 29, 2007 through September 17,
2007.
I
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35–T05–020
to read as follows:
I
§ 100.35–T05–020 Delaware River,
Delaware City, DE.
(a) Regulated area. The regulated area
includes all waters of the Delaware
River within 500 yards either side of a
line drawn southwesterly from a point
near the shoreline at Pea Patch Island,
at latitude 39°35′08″ N, 075°34′18″ W,
thence to latitude 39°34′43.6″ N,
075°35′13″ W, a position located near
the Delaware City Wharf, Delaware City,
DE. All coordinates reference Datum
NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
Delaware Bay.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
[CGD01–07–047]
Drawbridge Operation Regulations;
Pequonnock River, Bridgeport, CT
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, One
South Street, New York, New York,
10004, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (212)
ADDRESSES:
E:\FR\FM\22MYR1.SGM
22MYR1
]]>Agencies
[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28607-28609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9777]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-020]
RIN 1625-AA08
Special Local Regulations for Marine Events; Delaware River,
Delaware City, DE
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations during the ``7th Annual Escape from Fort Delaware
Triathlon'', an event to be held June 9, 2007 on the waters of Delaware
River at Delaware City, DE. These special local regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action will temporarily restrict vessel traffic in a
portion of the Delaware River during the 7th Annual Escape from Fort
Delaware Triathlon.
DATES: This rule is effective from 5:30 a.m. to 10:30 a.m. on June 9,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD05-07-020) and are available for
inspection or copying at Commander (dpi), Fifth Coast Guard District,
431 Crawford
[[Page 28608]]
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: D.M. Sens, Project Manager, Compliance
and Inspection Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 21, 2007, we published a Notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Delaware
River, Delaware City, DE in the Federal Register (72 FR 13221). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, support craft and other
vessels transiting the event area. However, advance notifications will
be made to affected waterway users via marine information broadcasts,
area newspapers and local radio stations.
Background and Purpose
On June 9, 2007, the Escape from Fort Delaware Triathlon, Inc. will
sponsor the ``7th Annual Escape from Fort Delaware Triathlon''. The
swimming segment of the event will consist of approximately 500
swimmers competing across a one mile course along the Delaware River
between Pea Patch Island and Delaware City, Delaware. The competition
will begin at Pea Patch Island. The participants will swim across to
the finish line located at the Delaware City Wharf, swimming
approximately one mile, across Bulkhead Shoal Channel. Approximately 20
support vessels will accompany the swimmers. Due to the need for vessel
control during the swimming event, the Coast Guard will temporarily
restrict vessel traffic in the event area to provide for the safety of
participants, support craft and other transiting vessels.
Discussion of Comments and Changes
The Coast Guard did not receive comments in response to the Notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Delaware River, near Delaware
City, DE.
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 regulation restricts vessel traffic from transiting a
portion of the Delaware River during the event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, area newspapers and radio stations 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit this section of the Delaware River during the event.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 5:30 a.m. to 10:30
a.m. on June 9, 2007. Vessels desiring to transit the event area will
be able to transit the regulated area at slow speed as the swim
progresses, when the Coast Guard Patrol Commander determines it is safe
to do so. Before the enforcement period, we will issue maritime
advisories so 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 offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
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 the 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 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 28609]]
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This 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.lD
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Special local regulations issued in conjunction with a
regatta or marine event permit are specifically excluded from further
analysis and documentation under those sections.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add temporary Sec. 100.35-T05-020 to read as follows:
Sec. 100.35-T05-020 Delaware River, Delaware City, DE.
(a) Regulated area. The regulated area includes all waters of the
Delaware River within 500 yards either side of a line drawn
southwesterly from a point near the shoreline at Pea Patch Island, at
latitude 39[deg]35[min]08[sec] N, 075[deg]34[min]18[sec] W, thence to
latitude 39[deg]34[min]43.6[sec] N, 075[deg]35[min]13[sec] W, a
position located near the Delaware City Wharf, Delaware City, DE. All
coordinates reference Datum NAD 1983.
(b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Special local regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any Official Patrol.
(d) Enforcement period. This section will be enforced from 5:30
a.m. to 10:30 a.m. on June 9, 2007.
Dated: May 12, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-9777 Filed 5-21-07; 8:45 am]
BILLING CODE 4910-15-P
