Special Local Regulations for Marine Events; Mill Creek, Fort Monroe, Hampton, VA, 28634-28636 [E7-9843]
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28634
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–07–044]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Mill Creek, Fort Monroe,
Hampton, VA
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes to
establish special local regulations for
the ‘‘Hampton Cup Regatta’’, a power
boat race to be held on the waters of
Mill Creek, near Fort Monroe, Hampton,
Virginia. These special local regulations
are necessary to provide for the safety of
life on navigable waters during the
event. This action is intended to restrict
vessel traffic in portions of Mill Creek
adjacent to Fort Monroe during the
power boat race.
DATES: Comments and related material
must reach the Coast Guard on or before
June 21, 2007.
ADDRESSES: You may mail comments
and related material to Commander
(dpi), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, hand-deliver them to
Room 415 at the same address between
9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays, fax
them to (757) 391–8149, or e-mail them
to Dennis.M.Sens@uscg.mil. The
Inspection and Investigation Branch,
Fifth Coast Guard District, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the above
address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager,
Compliance and Inspection Branch, at
(757) 398–6204.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with PROPOSALS
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–07–044),
indicate the specific section of this
VerDate Aug<31>2005
17:18 May 21, 2007
Jkt 211001
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the address
listed under ADDRESSES explaining why
one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
On August 10, 11 and 12, 2007, the
Virginia Boat Racing Association will
sponsor the ‘‘Hampton Cup Regatta’’, on
the waters of Mill Creek adjacent to Fort
Monroe, Hampton, Virginia. The event
will consist of approximately 100
inboard hydroplanes racing in heats
counter-clockwise around an oval
racecourse. A fleet of spectator vessels
is anticipated to gather nearby to view
the competition. Due to the need for
vessel control during the event, vessel
traffic will be temporarily restricted to
provide for the safety of participants,
spectators and transiting vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish
temporary special local regulations on
specified waters of Mill Creek adjacent
to Fort Monroe, Hampton, Virginia. The
regulated area is comprised of the
southern section of Mill Creek
approximately one half mile in length
and width. This rule will be enforced
from 7:30 a.m. to 6:30 p.m. on August
10, 11, and 12, 2007, and will restrict
general navigation in the regulated area
during the power boat race. The Coast
Guard, at its discretion, when practical
will allow the passage of vessels when
races are not taking place. Except for
participants and vessels authorized by
the Coast Guard Patrol Commander, no
person or vessel will be allowed to enter
or remain in the regulated area during
the enforcement period. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
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Fmt 4702
Sfmt 4702
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
Although this proposed regulation
will prevent traffic from transiting a
portion of Mill Creek 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.
Extensive advance notifications will be
made to the maritime community via
Local Notice to Mariners, marine
information broadcasts, and area
newspapers, so mariners can adjust
their plans accordingly. Vessel traffic
will be able to transit the regulated area
between heats, when the Coast Guard
Patrol Commander deems it is safe to do
so.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels intending to transit
this section of Mill Creek during the
event.
This proposed rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
enforced for only a short period, from
7:30 a.m. to 6:30 p.m. on August 10, 11,
and 12, 2007. The regulated area will
apply to the southerly segment of Mill
Creek adjacent to Fort Monroe and the
Route 258 bridge. Marine traffic may be
allowed to pass through the regulated
area with the permission of the Coast
Guard Patrol Commander. In the case
where the Patrol Commander authorizes
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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules
passage through the regulated area
during the event, vessels will be
required to proceed at the minimum
speed necessary to maintain a safe
course that minimizes wake near the
race course. Before the enforcement
period, we would issue maritime
advisories so mariners can adjust their
plans accordingly.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
jlentini on PROD1PC65 with PROPOSALS
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
17:18 May 21, 2007
Jkt 211001
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the Coast
Guard at 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.
VerDate Aug<31>2005
discuss the effects of this rule elsewhere
in this preamble.
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
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28635
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321–4370f),
and have concluded that there are no
factors in this case that would limit the
use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction, from further
environmental documentation. Special
local regulations issued in conjunction
with a regatta or marine parade permit
are specifically excluded from further
analysis and documentation under that
section.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add temporary § 100.35–T05–044
to read as follows:
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28636
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules
§ 100.35–T05–044, Mill Creek, Fort
Monroe, Hampton, Virginia.
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
jlentini on PROD1PC65 with PROPOSALS
(a) Regulated area. The regulated area
is established for the waters of Mill
Creek, adjacent to Fort Monroe,
Hampton, Virginia, enclosed by the
following boundaries: To the north, a
line drawn along latitude 37°01′00″ N,
to the east a line drawn along longitude
076°18′30″ W, to the south a line
parallel with the shoreline adjacent to
Fort Monroe, and the west boundary is
parallel with the Route 258—Mercury
Boulevard Bridge. 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
Hampton Roads.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Hampton Roads
with a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(3) Participant includes all vessels
participating in the ‘‘Hampton Cup
Regatta’’ under the auspices of the
Marine Event Permit issued to the event
sponsor and approved by Commander,
Coast Guard Sector Hampton Roads.
(c) Special local regulations. (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area must:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the race course.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. to 6:30
p.m. on August 10, 11, and 12, 2007.
Dated: May 11, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–9843 Filed 5–21–07; 8:45 am]
BILLING CODE 4910–15–P
VerDate Aug<31>2005
17:18 May 21, 2007
Jkt 211001
43 CFR Part 3130
[WO–310–1310–PP–241A]
RIN 1004–AD78
Oil and Gas Leasing; National
Petroleum Reserve—Alaska
Bureau of Land Management,
Interior.
ACTION: Proposed rule.
AGENCY:
The Bureau of Land
Management (BLM), proposes to amend
its regulations at 43 CFR part 3130
pertaining to oil and gas resources in the
National Petroleum Reserve-Alaska
(NPR–A). The proposed rule would
make oil and gas administrative
procedures in NPR–A consistent with
Section 347 of the Energy Policy Act of
2005. The proposed rule would amend
the administrative procedures for the
efficient transfer, consolidation,
segregation, suspension, and unitization
of Federal leases in the NPR–A. The rule
would also make changes to the way the
BLM processes lease renewals, lease
extensions, lease expirations, lease
agreements, exploration incentives,
lease consolidations, and termination of
administration for conveyed lands in
the NPR–A. Finally, the rule would
make the NPR–A regulation on
additional bonding consistent with the
regulations that apply outside of the
NPR–A.
DATES: Send your comments on this
proposed rule to the BLM on or before
July 23, 2007. The BLM will not
necessarily consider any comments
received after the above date during its
decision on the rule.
ADDRESSES: Commenters may mail
written comments to the Bureau of Land
Management, Administrative Record,
Room 401LS, 1849 C Street, NW.,
Washington, DC 20240; or hand-deliver
written comments to the Bureau of Land
Management, Administrative Record,
Room 401, 1620 L Street, NW.,
Washington, DC 20036. Comments will
be available for public review at the L
Street address from 7:45 a.m. to 4:15
p.m., Eastern Time, Monday through
Friday, except Federal holidays.
E-mail:
comments_washington@blm.gov.
Federal eRulemaking Portal: https://
www.regulations.gov.
SUMMARY:
Greg
Noble, Chief, Energy Branch, the BLM’s
Alaska State Office at (907) 267–1429 or
Ian Senio at the BLM’s Division of
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
Regulatory Affairs at (202) 452–5049.
Persons who use a telecommunications
device for the deaf (TDD) may contact
these persons through the Federal
Information Relay Service (FIRS) at
1–800–877–8339, 24 hours a day, 7 days
a week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
You may submit your comments by
any one of several methods:
You may mail your comments to:
Director (630), Bureau of Land
Management, 1620 L Street, NW., Suite
401, Washington, DC 20036, Attention:
RIN 1004–AD78.
You may deliver comments to: 1620 L
Street, NW., Suite 401, Washington, DC
20036. You may e-mail your comments
to: comments_washington@blm.gov.
(Include ‘‘Attention: AD78’’ in the
subject line.) Please make your
comments on the rule as specific as
possible, confine them to issues
pertinent to the proposed rule, and
explain the reason for any changes you
recommend. Where possible, your
comments should reference the specific
section or paragraph of the proposal that
you are addressing.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, be advised that your entire
comment, including your personal
identifying information, may be made
publicly available at any time. While
you can ask us in your comment to
withhold from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so.
The Department of the Interior may
not necessarily consider or include in
the Administrative Record for the final
rule comments that we receive after the
close of the comment period (see DATES)
or comments delivered to an address
other than those listed above (see
ADDRESSES).
II. Background
Part 3130 of 43 Code of Federal
Regulations (CFR) contains the
regulations that apply to oil and gas
leasing in the NPR–A authorized under
the Naval Petroleum Reserves
Production Act of 1976, as amended
(NPRPA), (42 U.S.C. 6501 et seq.).
On April 11, 2002 (67 FR 17865), the
BLM published a final rule that applies
to operations under Federal oil and gas
leases in NPR–A and added a new
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]]>Agencies
[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Proposed Rules]
[Pages 28634-28636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9843]
[[Page 28634]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-07-044]
RIN 1625-AA08
Special Local Regulations for Marine Events; Mill Creek, Fort
Monroe, Hampton, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish special local
regulations for the ``Hampton Cup Regatta'', a power boat race to be
held on the waters of Mill Creek, near Fort Monroe, Hampton, Virginia.
These special local regulations are necessary to provide for the safety
of life on navigable waters during the event. This action is intended
to restrict vessel traffic in portions of Mill Creek adjacent to Fort
Monroe during the power boat race.
DATES: Comments and related material must reach the Coast Guard on or
before June 21, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, hand-deliver them to Room 415 at the same address
between 9 a.m. and 2 p.m., Monday through Friday, except Federal
holidays, fax them to (757) 391-8149, or e-mail them to
Dennis.M.Sens@uscg.mil. The Inspection and Investigation Branch, Fifth
Coast Guard District, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the above address between 9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager,
Compliance and Inspection Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-07-
044), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On August 10, 11 and 12, 2007, the Virginia Boat Racing Association
will sponsor the ``Hampton Cup Regatta'', on the waters of Mill Creek
adjacent to Fort Monroe, Hampton, Virginia. The event will consist of
approximately 100 inboard hydroplanes racing in heats counter-clockwise
around an oval racecourse. A fleet of spectator vessels is anticipated
to gather nearby to view the competition. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.
Discussion of Proposed Rule
The Coast Guard proposes to establish temporary special local
regulations on specified waters of Mill Creek adjacent to Fort Monroe,
Hampton, Virginia. The regulated area is comprised of the southern
section of Mill Creek approximately one half mile in length and width.
This rule will be enforced from 7:30 a.m. to 6:30 p.m. on August 10,
11, and 12, 2007, and will restrict general navigation in the regulated
area during the power boat race. The Coast Guard, at its discretion,
when practical will allow the passage of vessels when races are not
taking place. Except for participants and vessels authorized by the
Coast Guard Patrol Commander, no person or vessel will be allowed to
enter or remain in the regulated area during the enforcement period.
These regulations are needed to control vessel traffic during the event
to enhance the safety of participants, spectators and transiting
vessels.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
Although this proposed regulation will prevent traffic from
transiting a portion of Mill Creek 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. Extensive advance notifications will
be made to the maritime community via Local Notice to Mariners, marine
information broadcasts, and area newspapers, so mariners can adjust
their plans accordingly. Vessel traffic will be able to transit the
regulated area between heats, when the Coast Guard Patrol Commander
deems it is safe to do so.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit this section of Mill Creek
during the event.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be enforced for only a short period, from 7:30 a.m. to 6:30
p.m. on August 10, 11, and 12, 2007. The regulated area will apply to
the southerly segment of Mill Creek adjacent to Fort Monroe and the
Route 258 bridge. Marine traffic may be allowed to pass through the
regulated area with the permission of the Coast Guard Patrol Commander.
In the case where the Patrol Commander authorizes
[[Page 28635]]
passage through the regulated area during the event, vessels will be
required to proceed at the minimum speed necessary to maintain a safe
course that minimizes wake near the race course. Before the enforcement
period, we would issue maritime advisories so mariners can adjust their
plans accordingly.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the Coast Guard at the address
listed under ADDRESSES. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade permit are specifically
excluded from further analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233.
2. Add temporary Sec. 100.35-T05-044 to read as follows:
[[Page 28636]]
Sec. 100.35-T05-044, Mill Creek, Fort Monroe, Hampton, Virginia.
(a) Regulated area. The regulated area is established for the
waters of Mill Creek, adjacent to Fort Monroe, Hampton, Virginia,
enclosed by the following boundaries: To the north, a line drawn along
latitude 37[deg]01'00'' N, to the east a line drawn along longitude
076[deg]18'30'' W, to the south a line parallel with the shoreline
adjacent to Fort Monroe, and the west boundary is parallel with the
Route 258--Mercury Boulevard Bridge. 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 Hampton Roads.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Hampton Roads with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(3) Participant includes all vessels participating in the ``Hampton
Cup Regatta'' under the auspices of the Marine Event Permit issued to
the event sponsor and approved by Commander, Coast Guard Sector Hampton
Roads.
(c) Special local regulations. (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
(2) The operator of any vessel in the regulated area must:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol and then proceed only as directed.
(ii) All persons and vessels shall comply with the instructions of
the Official Patrol.
(iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
(d) Enforcement period. This section will be enforced from 7:30
a.m. to 6:30 p.m. on August 10, 11, and 12, 2007.
Dated: May 11, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-9843 Filed 5-21-07; 8:45 am]
BILLING CODE 4910-15-P
