Special Local Regulations for Marine Events; York River, Yorktown, VA, 33677-33679 [E7-11756]

Download as PDF Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations designated flight training programs must not exceed 24 months total. Any request for extension of time in excess of that authorized under this subsection must be made in accordance with § 62.43. (3) For purposes of meeting the evaluation requirements set forth in § 62.22(m), sponsors and/or third parties conducting the training may utilize the same training records as are required by the Federal Aviation Administration to be maintained pursuant to 14 CFR 141.101. DEPARTMENT OF HOMELAND SECURITY Dated: March 12, 2007. Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E7–11703 Filed 6–18–07; 8:45 am] ACTION: BILLING CODE 4710–05–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 75 [DoD–2007–OS–0047] Department of Defense. Final rule. AGENCY: SUMMARY: This document removes part 75, ‘‘Conscientious Objectors’’ presently in Title 32 of the Code of Federal Regulations. The document on which this part was based has been revised and is limited only to DoD personnel management matters, affects only DoD military personnel, and has no impact on the public. DATES: Effective Date: June 19, 2007. FOR FURTHER INFORMATION CONTACT: CDR Lesa J. Kirsch, 703–697–4959. SUPPLEMENTARY INFORMATION: This part 75 is removed as a part of a DoD exercise to remove CFR parts no longer required to be codified. The corresponding DoD Instruction 1300.06 is available at http://www.dtic.mil/whs/directives. List of Subjects in 32 CFR Part 75 Conscientious objectors, Military personnel. PART 75—[REMOVED] Accordingly, by the authority of 10 U.S.C. 301, 32 CFR part 75 is removed. pwalker on PROD1PC71 with RULES I Dated: June 11, 2007. C.R. Choate, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 07–2985 Filed 6–18–07; 8:45 am] BILLING CODE 5001–06–M VerDate Aug<31>2005 17:54 Jun 18, 2007 33 CFR Part 100 [CGD05–07–031] RIN 1625–AA08 Special Local Regulations for Marine Events; York River, Yorktown, VA Coast Guard, DHS. Temporary final rule. AGENCY: SUMMARY: The Coast Guard is establishing special local regulations during the ‘‘Watermen’s Heritage Festival Workboat Races’’, a marine event to be held July 15, 2007 on the waters of the York River, Yorktown, 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 temporarily restrict vessel traffic in a portion of the York River during the event. This rule is effective from 9 a.m. to 5:30 p.m. on July 15, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket (CGD05–07–031) and are available for inspection or copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704–5004, between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth Coast Guard District, Inspections and Investigations Branch, at (757) 398– 6204. DATES: Conscientious Objectors ACTION: Coast Guard Jkt 211001 SUPPLEMENTARY INFORMATION: Regulatory Information On April 12, 2007, we published a notice of proposed rulemaking (NPRM) entitled Special Local Regulations for Marine Events; York River, Yorktown, VA in the Federal Register (72 FR 18422). 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, spectator craft, and other PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 33677 vessels transiting the event area. However, advance notifications will be made to affected waterway users via marine information broadcasts, local radio stations, and area newspapers. Background and Purpose On July 15, 2007, the Watermen’s Museum of Yorktown, VA will sponsor ‘‘Watermen’s Heritage Festival Workboat Races’’ on the York River, immediately adjacent and north of the shoreline at Yorktown River Cliffs. The event will consist of approximately 40 traditional Chesapeake Bay deadrise workboats racing along a marked straight line race course in heats of 2 to 4 boats for a distance of approximately 1000 yards. Due to the need for vessel control during the event, the Coast Guard will temporarily restrict vessel traffic in the event area to provide for the safety of participants, spectators 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 York River, near Yorktown, Virginia. 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. Although this regulation will prevent traffic from transiting a portion of the York 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 the Local Notice to Mariners, marine information broadcasts, area newspapers and local radio stations, so mariners can adjust their plans accordingly. Additionally, the regulated area has been narrowly tailored to impose the least impact on general navigation yet provide the level of safety deemed necessary. Vessel traffic will be able to transit the regulated area at slow speed between heats, when the Coast Guard Patrol Commander deems it is safe to do so. In many cases vessel traffic will be able to transit around the regulated using the marked navigation channel along the York River. E:\FR\FM\19JNR1.SGM 19JNR1 33678 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations 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 would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in the effected portions of the York River during the event. Although this regulation prevents traffic from transiting a portion of the York River during the event, this rule would not have a significant economic impact on a substantial number of small entities for the following reasons. This rule would be in effect for only a limited period. 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. Before the enforcement period, we will issue maritime advisories so mariners can adjust their plans accordingly. 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 would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This 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. pwalker on PROD1PC71 with RULES Assistance for Small Entities Civil Justice Reform 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 this rule so that they can better evaluate its effects on them and participate in the rulemaking. 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). 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. 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. Collection of Information This rule would cll for no new collection of information under the VerDate Aug<31>2005 17:54 Jun 18, 2007 Jkt 211001 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 Governments This 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. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 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. E:\FR\FM\19JNR1.SGM 19JNR1 Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations (d) Enforcement period. This section will be enforced from 9 a.m. to 5:30 p.m. on July 15, 2007. List of Subjects in 33 CFR Part 100 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: PART 100—REGATTAS AND MARINE PARADES 1. The authority citation for part 100 is revised to read as follows: I Authority: 33 U.S.C. 1233. 2. Add a temporary § 100.35–T05–031 to read as follows: pwalker on PROD1PC71 with RULES York River, Yorktown, (a) Regulated area. The regulated area includes the waters of the York River, Yorktown, Virginia, bounded on the west by a line drawn along longitude 076°31′30″ West, bounded on the east by a line drawn along longitude 076°30′50″ West, bounded on the south by the shoreline and bounded on the north by a line drawn parallel and 400 yards north of the southern shoreline. All coordinates reference Datum NAD 1983. (b) Definitions. The following definitions apply to this section: (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 to act on their behalf. (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 Watermen’s Heritage Festival Workboat races under the auspices of a 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 shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any 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. VerDate Aug<31>2005 17:54 Jun 18, 2007 Jkt 211001 BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY I § 100.35–T05–031 VA. Dated: May 23, 2007. Larry L. Hereth, Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District. [FR Doc. E7–11756 Filed 6–18–07; 8:45 am] Coast Guard 33 CFR Part 165 [CGD01–07–063] RIN 1625–AA00 Safety Zone; Lesbian and Gay Community Center Fireworks, Fire Island Pines Harbor, NY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone for the Lesbian and Gay Community Center Fireworks in Fire Island Pines Harbor, NY. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. DATES: This rule is effective from 8:30 p.m. to 10:45 p.m. on June 30, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD01–07– 063 and will be available for inspection or copying at Sector Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways Management Division, Coast Guard 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 Coast Guard did not receive an Application for Approval of Marine Event for this event until April 20, 2007, thereby making an NPRM impracticable. A delay or cancellation of the fireworks PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 33679 display in order to accommodate a full notice and comment period would be contrary to the pubic interest. 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. Any delay encountered in this regulation’s effective date would be impracticable and contrary to public interest since immediate action is needed to prevent traffic from transiting a portion of Fire Island Pines Harbor, NY and to protect the maritime public from the hazards associated with this fireworks event. The temporary zone should have minimal negative impact on the public and navigation because it is only effective for a two hour and 15 minute period on a single day. In addition, the area closed by the safety zone is minimal, allowing vessels to transit around the zone in Fire Island Pines Harbor, NY. Background and Purpose The Lesbian and Gay Community Center Fireworks display will be taking place in Fire Island Pines Harbor, NY from 8:30 p.m. to 10:45 p.m. on June 30, 2007. This safety zone is necessary to protect the life and property of the maritime public from the hazards posed by the fireworks display. It will protect the maritime public by prohibiting entry into or movement within this portion of the navigable waters of Fire Island Pines Harbor one hour prior to, during and one hour after the stated event. Discussion of Rule This regulation establishes a temporary safety zone on the navigable waters of Fire Island Pines Harbor, NY within a 600-foot radius of the fireworks barge located at approximate position 40°40′10.06″ N, 073°04′26.45″ W. The temporary safety zone will be outlined by temporary marker buoys installed by the event organizers. This action is intended to prohibit vessel traffic in a portion of Fire Island Pines Harbor, NY to provide for the protection of life and property of the maritime public. The safety zone will be enforced from 8:30 p.m. until 10:45 p.m. on June 30, 2007. Marine traffic may transit safely outside of the safety zone during the event thereby allowing navigation of the rest of Fire Island Pines Harbor except for the portion delineated by this rule. The Captain of the Port anticipates minimal negative impact on vessel traffic because of this safety zone due to the limited area and duration covered by this regulation. Public notifications will be made prior to the effective E:\FR\FM\19JNR1.SGM 19JNR1

Agencies

[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Rules and Regulations]
[Pages 33677-33679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11756]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-07-031]
RIN 1625-AA08


Special Local Regulations for Marine Events; York River, 
Yorktown, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Watermen's Heritage Festival Workboat Races'', a marine 
event to be held July 15, 2007 on the waters of the York River, 
Yorktown, 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 temporarily restrict vessel traffic in a 
portion of the York River during the event.

DATES: This rule is effective from 9 a.m. to 5:30 p.m. on July 15, 
2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD05-07-031) and are available for inspection or 
copying at Commander (dpi), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dennis Sens, Project Manager, Fifth 
Coast Guard District, Inspections and Investigations Branch, at (757) 
398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 12, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations for Marine Events; York 
River, Yorktown, VA in the Federal Register (72 FR 18422). 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, spectator craft, and other 
vessels transiting the event area. However, advance notifications will 
be made to affected waterway users via marine information broadcasts, 
local radio stations, and area newspapers.

Background and Purpose

    On July 15, 2007, the Watermen's Museum of Yorktown, VA will 
sponsor ``Watermen's Heritage Festival Workboat Races'' on the York 
River, immediately adjacent and north of the shoreline at Yorktown 
River Cliffs. The event will consist of approximately 40 traditional 
Chesapeake Bay deadrise workboats racing along a marked straight line 
race course in heats of 2 to 4 boats for a distance of approximately 
1000 yards. Due to the need for vessel control during the event, the 
Coast Guard will temporarily restrict vessel traffic in the event area 
to provide for the safety of participants, spectators 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 York River, near Yorktown, 
Virginia.

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.
    Although this regulation will prevent traffic from transiting a 
portion of the York 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 the Local 
Notice to Mariners, marine information broadcasts, area newspapers and 
local radio stations, so mariners can adjust their plans accordingly. 
Additionally, the regulated area has been narrowly tailored to impose 
the least impact on general navigation yet provide the level of safety 
deemed necessary. Vessel traffic will be able to transit the regulated 
area at slow speed between heats, when the Coast Guard Patrol Commander 
deems it is safe to do so. In many cases vessel traffic will be able to 
transit around the regulated using the marked navigation channel along 
the York River.

[[Page 33678]]

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 would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in the effected portions of the York 
River during the event.
    Although this regulation prevents traffic from transiting a portion 
of the York River during the event, this rule would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule would be in effect for only a 
limited period. 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. 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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking.
    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). 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 would cll 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 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.

[[Page 33679]]

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--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 is revised to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add a temporary Sec.  100.35-T05-031 to read as follows:


Sec.  100.35-T05-031  York River, Yorktown, VA.

    (a) Regulated area. The regulated area includes the waters of the 
York River, Yorktown, Virginia, bounded on the west by a line drawn 
along longitude 076[deg]31'30'' West, bounded on the east by a line 
drawn along longitude 076[deg]30'50'' West, bounded on the south by the 
shoreline and bounded on the north by a line drawn parallel and 400 
yards north of the southern shoreline. All coordinates reference Datum 
NAD 1983.
    (b) Definitions. The following definitions apply to this section:
    (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 to act on their behalf.
    (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 
Watermen's Heritage Festival Workboat races under the auspices of a 
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 shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol.
    (ii) Proceed as directed by any 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 9 a.m. 
to 5:30 p.m. on July 15, 2007.

    Dated: May 23, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
 [FR Doc. E7-11756 Filed 6-18-07; 8:45 am]
BILLING CODE 4910-15-P