Security Zone: Coast Guard Academy Commencement, New London, CT, 28864-28866 [E7-9946]
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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
by the respondent named in the
prepenalty notice, the Director shall
notify the respondent in writing of that
determination and of the cancellation of
the proposed monetary penalty.
(b) Violation. (1) If, after considering
any written response to the prepenalty
notice, or default in the submission of
a written response, and any relevant
facts, the Director of the Office of
Foreign Assets Control determines that
there was a violation by the respondent
named in the prepenalty notice, the
Director is authorized to issue a written
penalty notice to the respondent of the
determination of the violation and the
imposition of the monetary penalty.
(2) The penalty notice shall inform
the respondent that payment or
arrangement for installment payment of
the assessed penalty must be made
within 30 days of the date of mailing of
the penalty notice by the Office of
Foreign Assets Control.
(3) The penalty notice shall inform
the respondent of the requirement to
furnish the respondent’s taxpayer
identification number pursuant to 31
U.S.C. 7701 and that such number will
be used for purposes of collecting and
reporting on any delinquent penalty
amount.
(4) The issuance of the penalty notice
finding a violation and imposing a
monetary penalty shall constitute final
agency action. The respondent has the
right to seek judicial review of that final
agency action in Federal district court.
§ 593.705 Administrative collection;
referral to United States Department of
Justice.
Subpart H—Procedures
cprice-sewell on PROD1PC71 with RULES
Procedures.
For license application procedures
and procedures relating to amendments,
modifications, or revocations of
licenses; administrative decisions;
rulemaking; and requests for documents
pursuant to the Freedom of Information
and Privacy Acts (5 U.S.C. 552 and
552a), see part 501, subpart E, of this
chapter.
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15:35 May 22, 2007
Jkt 211001
Any action that the Secretary of the
Treasury is authorized to take pursuant
to Executive Order 13348 of July 22,
2004 (69 FR 44885, July 27, 2004), and
any further Executive orders relating to
the national emergency declared
therein, may be taken by the Director of
the Office of Foreign Assets Control or
by any other person to whom the
Secretary of the Treasury has delegated
authority so to act.
Subpart I—Paperwork Reduction Act
§ 593.901
Paperwork Reduction Act notice.
For approval by the Office of
Management and Budget (‘‘OMB’’)
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3507) of information
collections relating to record keeping
and reporting requirements, licensing
procedures (including those pursuant to
statements of licensing policy), and
other procedures, see § 501.901 of this
chapter. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by OMB.
Dated: March 20, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–9822 Filed 5–22–07; 8:45 am]
BILLING CODE 4811–42–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
In the event that the respondent does
not pay the penalty imposed pursuant to
this part or make payment arrangements
acceptable to the Director of the Office
of Foreign Assets Control within 30
days of the date of mailing of the
penalty notice, the matter may be
referred for administrative collection
measures by the Department of the
Treasury or to the United States
Department of Justice for appropriate
action to recover the penalty in a civil
suit in a Federal district court.
§ 593.801
§ 593.802 Delegation by the Secretary of
the Treasury.
33 CFR Part 165
[CGD01–07–049]
RIN 1625–AA87
Security Zone: Coast Guard Academy
Commencement, New London, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
for the 2007 Coast Guard Academy
Commencement Ceremony on
Wednesday May 23, 2007. This zone
will provide security in the waters of
the Thames River adjacent to the Coast
Guard Academy, New London,
Connecticut during the 2007
Commencement Exercises. This
temporary security zone is necessary to
protect senior government officials,
dignitaries, participants and guests
attending the Commencement, members
of the general public, and the
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surrounding area from sabotage or other
subversive acts, accidents, or other
hazards of a similar nature. Entry into
this security zone is prohibited unless
authorized by the Captain of the Port,
Long Island Sound, New Haven,
Connecticut.
DATES: This rule is effective from 10
a.m. until 3 p.m. on May 23, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD01–07–
049 and are available for inspection or
copying at Sector Long Island Sound
between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Douglas Miller, Waterways
Management Division, Sector Long
Island Sound at (203) 468–4596.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The
security zone was requested by the U.S.
Secret Service for the Commencement
Exercises as the attendance of several
senior level government officials and
other dignitaries, combined with the
nature of and location of the
Ceremonies, presents a target for
terrorist activity. The sensitive and
unpredictable schedules of several of
the Commencement Ceremony
attendees precluded sufficient notice to
the Coast Guard that a security zone
would be necessary.
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. The delay in notification of the
need for the security zone left
insufficient time to publish a notice of
proposed rulemaking in advance of the
effective date of this security zone. The
delay in notification also does not allow
30 days between publication of the rule
and its effective date. Making this rule
effective less than 30 days after
publication is necessary as this
immediate action is needed to protect
the senior government officials and
dignitaries attending Commencement
exercises, other participants and guests
to the Coast Guard Academy
Commencement, and the surrounding
community from sabotage or other
subversive acts, accidents, or other
hazards of a similar nature.
Background and Purpose
Several senior United States
government officials and other
E:\FR\FM\23MYR1.SGM
23MYR1
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
dignitaries will be attending the Coast
Guard Academy Commencement
Exercises. The attendance of these
individuals along with the military
nature of the Ceremonies and
anticipated national media coverage
make this event a potential target for
sabotage, subversive acts, or other
terrorist activity. Coast Guard Academy
Commencement Ceremonies are
scheduled for Wednesday, May 23,
2007, from 11 a.m. to 2 p.m.
cprice-sewell on PROD1PC71 with RULES
Discussion of Rule
The Coast Guard is establishing a
security zone in the vicinity of the Coast
Guard Academy for 2007
Commencement Exercises. This security
zone encompasses all navigable waters
of the Thames River within a 500-yard
radius of Jacobs Rock, located at
approximate position 41°22″23′ N,
072°05″39′ W. The security zone will
not encompass the navigable channel in
the Thames River therefore commercial
traffic will be able to pass unimpeded.
This security zone will be enforced from
10 a.m., one hour prior to the start of
Commencement Exercises, and will be
effective until 3 p.m. The enforcement
period of this zone will be broadcast to
the maritime community immediately
prior to its enforcement via broadcast
notice to mariners. All coordinates are
in North American Datum 1983 (NAD
1983).
This temporary security zone is
necessary to protect senior U.S.
Government officials and dignitaries
attending Coast Guard Academy
Commencement, other participants and
guests, members of the public and the
surrounding area from sabotage, terrorist
or other subversive acts, accidents, or
other hazards of a similar nature. Entry
into this zone is prohibited unless
authorized by the Captain of the Port,
Long Island Sound.
Any violation of the security zone
described herein is punishable by,
among others, civil and criminal
penalties, in rem liability against the
offending vessel, and license sanctions.
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.
This regulation may have some impact
on the public, but these potential
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15:35 May 22, 2007
Jkt 211001
impacts will be minimized for the
following reasons: the zone is only for
a temporary period of not more than 5
hours and will be enforced for the
minimum period necessary to ensure
the security of the Coast Guard
Academy Commencement Exercises; the
Federal navigation channel in the
Thames River parallel to the Coast
Guard Academy will be open to
commercial and recreational traffic
during the enforcement period; and,
vessels may transit in all other areas of
the Thames River not included in the
security zone at all times.
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 would 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 or anchor in
those portions of the Thames River
covered by the security zone from 10
a.m. to 3 p.m. on May 23, 2007.
In addition to the reasons outlined in
the Regulatory Evaluation section above,
this safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. The rule will be
in effect for a maximum of 5 hours on
a week day when recreational and small
vessel traffic is expected to be minimal.
Vessel traffic, both recreational and
commercial, can pass safely around the
security zone. Before the security zone
is effective, the Coast Guard will issue
maritime advisories widely available to
users of this area of the Thames River.
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
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
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Fmt 4700
Sfmt 4700
28865
Lieutenant Doug Miller, Waterways
Management Division, Sector Long
Island Sound, at (203) 468–4596.
Small business 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 (1–888–737–3247). 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 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.
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.
E:\FR\FM\23MYR1.SGM
23MYR1
28866
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Government
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.
cprice-sewell on PROD1PC71 with RULES
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 M16475.1D
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15:35 May 22, 2007
Jkt 211001
and Department of Homeland Security
Management Directive 5100.0, 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, this rule is categorically
excluded under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. This rule
falls under the provisions of paragraph
(34)(g) because the rule is established in
response to an emergency situation and
will be in effect for less than one week
in duration.
Under figure 2–1, paragraph (34)(g), 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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 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, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T01–049 to
read as follows:
I
§ 165.T01–049 Security Zone: 2007 Coast
Guard Academy Commencement, New
London, CT.
(a) Location. The following area is a
security zone: All navigable waters of
the Thames River in a 500-yard radius
from Jacobs Rock, approximate position
41°22″23′ N., 072°05″39′ W. All
coordinates are North American Datum
1983.
(b) Regulations. (1) Entry into or
remaining in this zone is prohibited
unless authorized by the Coast Guard
Captain of the Port, Long Island Sound.
(2) Persons desiring to transit the area
of the security zone may contact the
Captain of the Port at telephone number
203–468–4404 or on VHF channel 16
(156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
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Fmt 4700
Sfmt 4700
the Port or his or her designated
representative.
(c) Enforcement period. This section
will be enforced from 10 a.m. until 3
p.m. on Wednesday May 23, 2007.
Dated: May 14, 2007.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the
Port, Long Island Sound.
[FR Doc. E7–9946 Filed 5–22–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0577–200624(c);
FRL–8317–3]
Approval and Promulgation of
Implementation Plans; Georgia:
Removal of Douglas County
Transportation Control Measure;
Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
SUMMARY: This action corrects an
inadvertent omission of the entry
number for the Alternative Fuel
Refueling Station/Park and Ride
Transportation Center, Project DO–AR–
211 in EPA’s direct final rulemaking
action, published in the Federal
Register on November 28, 2006, for the
Georgia State Implementation Plan.
DATES: This action is effective May 23,
2007.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0577. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
E:\FR\FM\23MYR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Rules and Regulations]
[Pages 28864-28866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9946]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-049]
RIN 1625-AA87
Security Zone: Coast Guard Academy Commencement, New London, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
the 2007 Coast Guard Academy Commencement Ceremony on Wednesday May 23,
2007. This zone will provide security in the waters of the Thames River
adjacent to the Coast Guard Academy, New London, Connecticut during the
2007 Commencement Exercises. This temporary security zone is necessary
to protect senior government officials, dignitaries, participants and
guests attending the Commencement, members of the general public, and
the surrounding area from sabotage or other subversive acts, accidents,
or other hazards of a similar nature. Entry into this security zone is
prohibited unless authorized by the Captain of the Port, Long Island
Sound, New Haven, Connecticut.
DATES: This rule is effective from 10 a.m. until 3 p.m. on May 23,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-049 and are available for
inspection or copying at Sector Long Island Sound between 9 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Douglas Miller, Waterways
Management Division, Sector Long Island Sound at (203) 468-4596.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The security zone was
requested by the U.S. Secret Service for the Commencement Exercises as
the attendance of several senior level government officials and other
dignitaries, combined with the nature of and location of the
Ceremonies, presents a target for terrorist activity. The sensitive and
unpredictable schedules of several of the Commencement Ceremony
attendees precluded sufficient notice to the Coast Guard that a
security zone would be necessary.
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. The delay in notification of the
need for the security zone left insufficient time to publish a notice
of proposed rulemaking in advance of the effective date of this
security zone. The delay in notification also does not allow 30 days
between publication of the rule and its effective date. Making this
rule effective less than 30 days after publication is necessary as this
immediate action is needed to protect the senior government officials
and dignitaries attending Commencement exercises, other participants
and guests to the Coast Guard Academy Commencement, and the surrounding
community from sabotage or other subversive acts, accidents, or other
hazards of a similar nature.
Background and Purpose
Several senior United States government officials and other
[[Page 28865]]
dignitaries will be attending the Coast Guard Academy Commencement
Exercises. The attendance of these individuals along with the military
nature of the Ceremonies and anticipated national media coverage make
this event a potential target for sabotage, subversive acts, or other
terrorist activity. Coast Guard Academy Commencement Ceremonies are
scheduled for Wednesday, May 23, 2007, from 11 a.m. to 2 p.m.
Discussion of Rule
The Coast Guard is establishing a security zone in the vicinity of
the Coast Guard Academy for 2007 Commencement Exercises. This security
zone encompasses all navigable waters of the Thames River within a 500-
yard radius of Jacobs Rock, located at approximate position
41[deg]22''23' N, 072[deg]05''39' W. The security zone will not
encompass the navigable channel in the Thames River therefore
commercial traffic will be able to pass unimpeded. This security zone
will be enforced from 10 a.m., one hour prior to the start of
Commencement Exercises, and will be effective until 3 p.m. The
enforcement period of this zone will be broadcast to the maritime
community immediately prior to its enforcement via broadcast notice to
mariners. All coordinates are in North American Datum 1983 (NAD 1983).
This temporary security zone is necessary to protect senior U.S.
Government officials and dignitaries attending Coast Guard Academy
Commencement, other participants and guests, members of the public and
the surrounding area from sabotage, terrorist or other subversive acts,
accidents, or other hazards of a similar nature. Entry into this zone
is prohibited unless authorized by the Captain of the Port, Long Island
Sound.
Any violation of the security zone described herein is punishable
by, among others, civil and criminal penalties, in rem liability
against the offending vessel, and license sanctions.
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. This regulation may have
some impact on the public, but these potential impacts will be
minimized for the following reasons: the zone is only for a temporary
period of not more than 5 hours and will be enforced for the minimum
period necessary to ensure the security of the Coast Guard Academy
Commencement Exercises; the Federal navigation channel in the Thames
River parallel to the Coast Guard Academy will be open to commercial
and recreational traffic during the enforcement period; and, vessels
may transit in all other areas of the Thames River not included in the
security zone at all times.
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
would 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 or anchor in those portions of the Thames River
covered by the security zone from 10 a.m. to 3 p.m. on May 23, 2007.
In addition to the reasons outlined in the Regulatory Evaluation
section above, this safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. The rule will be in effect for a maximum of 5 hours on a week
day when recreational and small vessel traffic is expected to be
minimal. Vessel traffic, both recreational and commercial, can pass
safely around the security zone. Before the security zone is effective,
the Coast Guard will issue maritime advisories widely available to
users of this area of the Thames River.
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 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 Lieutenant Doug Miller,
Waterways Management Division, Sector Long Island Sound, at (203) 468-
4596.
Small business 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
(1-888-737-3247). 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 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.
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.
[[Page 28866]]
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Government
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 M16475.1D
and Department of Homeland Security Management Directive 5100.0, 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, this rule is categorically excluded under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. This rule falls under the provisions of paragraph
(34)(g) because the rule is established in response to an emergency
situation and will be in effect for less than one week in duration.
Under figure 2-1, paragraph (34)(g), 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 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, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T01-049 to read as follows:
Sec. 165.T01-049 Security Zone: 2007 Coast Guard Academy
Commencement, New London, CT.
(a) Location. The following area is a security zone: All navigable
waters of the Thames River in a 500-yard radius from Jacobs Rock,
approximate position 41[deg]22''23' N., 072[deg]05''39' W. All
coordinates are North American Datum 1983.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Long Island Sound.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 203-468-4404 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Enforcement period. This section will be enforced from 10 a.m.
until 3 p.m. on Wednesday May 23, 2007.
Dated: May 14, 2007.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. E7-9946 Filed 5-22-07; 8:45 am]
BILLING CODE 4910-15-P
