Anchorage Regulations; Port of New York and Vicinity, 34377-34379 [E7-12071]
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rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Rules and Regulations
Peace and Development Council.
Section 3(a) of the BFDA requires the
President to ban the importation into
the United States of any article that is
a product of Burma. Section 3(b) of the
BFDA, however, permits the President
to waive the importation prohibition for
any or all articles that are a product of
Burma if the President determines that
such a waiver is in the national interest
of the United States and notifies the
appropriate Congressional committees.
To implement the BFDA and to take
additional steps with respect to the
Government of Burma’s continued
repression of the democratic opposition
in Burma and with respect to the
national emergency declared in E.O.
13047, the President issued Executive
Order 13310 (‘‘E.O. 13310’’) on July 28,
2003. Section 3 of E.O. 13310
implements the importation ban set
forth in section 3(a) of the BFDA.
Section 9 of E.O. 13310 delegates the
President’s waiver authority under
section 3(b) of the BFDA to the
Secretary of State and authorizes the
Secretary of the Treasury to take such
actions, including the promulgation of
rules and regulations, as may be
necessary to carry out the purposes of
the order. The Secretary of the Treasury
has, in turn, authorized the Director of
OFAC to take these actions. 31 CFR
537.802. Accordingly, on August 16,
2005, OFAC promulgated amendments
to the Regulations to implement the
provisions of E.O. 13310. Section
537.203 of the Regulations prohibits the
importation into the United States of
any article that is a product of Burma.
On August 4, 2006, in accordance
with section 3(b) of the BFDA and
section 9 of E.O. 13310, the Department
of State determined that it is in the
national interest of the United States to
waive the importation prohibition of the
BFDA for animals and specimens of
Burmese origin, in sample quantities
only, that are imported for bona fide
scientific research and analysis
purposes. The purpose of this waiver
was to allow OFAC to issue licenses
authorizing such imports on a case-bycase basis. Consistent with section 3(b)
of the BFDA, notification of the
Department of State’s waiver
determination was provided to the
appropriate committees of Congress.
Based on this determination, OFAC is
amending the Regulations to add a new
§ 537.527, setting forth a statement of
licensing policy. Section 537.527
provides that specific licenses may be
issued on a case-by-case basis
authorizing the importation into the
United States of animals and specimens
of Burmese origin, in sample quantities
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14:57 Jun 21, 2007
Jkt 211001
only, for bona fide scientific research
and analysis purposes.
Public Participation
Because the amendment of the
Regulations involves a foreign affairs
function, Executive Order 12866 and the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
34377
animals and specimens of Burmese
origin, in sample quantities only, for
bona fide scientific research and
analysis purposes.
Dated: May 16, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–12148 Filed 6–21–07; 8:45 am]
BILLING CODE 4811–42–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Paperwork Reduction Act
33 CFR Part 110
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
[CGD01–06–023]
List of Subjects in 31 CFR Part 537
Administrative practice and
procedure, Banks, Banking, Burma,
Currency, Foreign investments in
United States, Foreign trade, Penalties,
Reporting and recordkeeping
requirements, Securities.
For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR part 537 to read
as follows:
I
PART 537—BURMESE SANCTIONS
REGULATIONS
1. The authority citation for part 537
is revised to read as follows:
I
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Sec. 570,
Pub. L. 104–208, 110 Stat. 3009; Pub. L. 108–
61, 117 Stat. 864; Pub. L. 109–177, 120 Stat.
192; E.O. 13047, 62 FR 28301, 3 CFR, 1997
Comp., p. 202; E.O. 13310, 68 FR 44853, 3
CFR, 2004 Comp., p. 241.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Add a new § 537.527 to read as
follows:
I
§ 537.527 Importation into the United
States of Burmese-origin animals and
specimens.
Specific licenses may be issued on a
case-by-case basis authorizing the
importation into the United States of
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RIN 1625–AA01
Anchorage Regulations; Port of New
York and Vicinity
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is expanding
the boundary of a Special Anchorage
Area on the Hudson River at Nyack, NY.
This action is necessary to facilitate safe
navigation in that area and provide safe
and secure anchorages for vessels not
more than 20 meters in length. This
action is intended to increase the safety
of life and property on the Hudson
River, improve the safety of anchored
vessels, and provide for the overall safe
and efficient flow of recreational vessel
traffic and commerce.
DATES: This rule is effective from July
23, 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 (CGD01–06–023) and are
available for inspection or copying at
Waterways Management Division, Coast
Guard Sector New York, 212 Coast
Guard Drive, room 209, Staten Island,
New York 10305 between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander M. McBrady,
Waterways Management Division, Coast
Guard Sector New York at (718) 354–
2353.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 6, 2007, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled
‘‘Anchorage Regulations; Port of New
York and Vicinity’’ in the Federal
Register (72 FR 5382). We received no
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34378
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Rules and Regulations
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
As part of a waterfront revitalization
effort, the Village of Nyack is
encouraging waterfront use by the
general public. This rule is in response
to a request made by the Village of
Nyack to ensure the safe navigation of
increased vessel traffic expected to
arrive along the village waterfront due
to this revitalization effort.
The Coast Guard is designating the
area as a special anchorage area in
accordance with 33 U.S.C. 471. In
accordance with that statute, vessels
will not be required to sound signals or
exhibit anchor lights or shapes which
are otherwise required by rule 30 and 35
of the Inland Navigation Rules, codified
at 33 U.S.C. 2030 and 2035. The
expanded special anchorage area is
located on the west side of the Hudson
River about 1,600 yards north of the
Tappan Zee Bridge, well removed from
the channel and located where general
navigation will not endanger or be
endangered by unlighted vessels.
Providing anchorage well removed from
the channel and general navigation will
greatly increase navigational safety.
rfrederick on PROD1PC67 with RULES
Discussion of Comments and Changes
The Coast Guard received no
comments on this rulemaking and no
changes have been made.
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.
This finding is based on the fact that
the rule conforms to the changing needs
of the Village of Nyack and the changing
needs of recreational vessels along the
Hudson River. The eastern boundary of
the special anchorage area is
approximately 970 yards from the 12–
foot contour on the west side of the
Hudson River and approximately 2,600
yards from the 12–foot contour on the
eastern side of the Hudson River. The
resulting impact to vessel transits in this
area is minimal because the special
anchorage area leaves more than enough
room for the navigation of all vessels.
This will allow for greater safety of
navigation and traffic in the area, while
also providing for a substantial
improvement to the safety of anchorages
in the area.
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14:57 Jun 21, 2007
Jkt 211001
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
recreational or commercial vessels
intending to transit in a portion of the
Hudson River near the expanded special
anchorage area. However, this special
anchorage area will not have a
significant economic impact on these
entities for the following reasons. The
eastern boundary of the special
anchorage area is approximately 970
yards from the 12-foot contour on the
west side of the Hudson River and
approximately 2,600 yards from the 12foot contour on the eastern side of the
Hudson River. It is also about 1,700
yards from the 600-foot wide Hudson
River Federal Project Channel. The
eastern boundary of this Special
Anchorage Area only extends an
additional 200 yards from the Nyack
shoreline. This is more than enough
room for the types of vessels currently
operating on the river, which include
both small and large commercial
vessels. Thus, this special anchorage
area will not impede safe and efficient
vessel transits on the Hudson River.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. The Coast Guard received no
requests for assistance.
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
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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 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.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
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22JNR1
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Rules and Regulations
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.
rfrederick on PROD1PC67 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
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
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)(f), of the Instruction, from further
environmental documentation.
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14:57 Jun 21, 2007
Jkt 211001
Paragraph (34)(f) applies because this
rule expands a special anchorage area.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
I
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
I
Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 110.60, revise paragraph (o-2)
to read as follows:
I
§ 110.60
Port of New York and vicinity.
*
*
*
*
*
(o) * * *
(o-2) Hudson River, at Nyack. That
portion of the Hudson River bound by
the following points: 41°06′06.8″ N,
073°54′55.5″ W; thence to 41°06′06.8″ N,
073°54′18.0″ W; thence to 41°05′00.0″ N,
073°54′18.0″ W; thence to 41°05′00.0″ N,
073°55′02.2″ W; thence along the
shoreline to the point of origin (NAD
1983), excluding a fairway in the
charted cable area that is marked with
buoys.
Note: The area is principally for use by
yachts and other recreational craft. A
mooring buoy is permitted.
*
*
*
*
*
Dated: June 7, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E7–12071 Filed 6–21–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–042]
RIN 1625–AA00
Safety Zone; French Festival
Fireworks, St. Lawrence River, Cape
Vincent, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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34379
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the St. Lawrence River in Cape Vincent,
NY. This zone is intended to restrict
vessels from a portion of the St.
Lawrence River during the French
Festival Fireworks on July 14, 2007
fireworks display. This temporary safety
zone is necessary to protect spectators
and vessels from the hazards associated
with fireworks displays.
DATES: This rule is effective from 9:30
p.m. to 10:30 p.m., on July 14, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket CGD09–07–
042 and are available for inspection or
copying at U.S. Coast Guard Sector
Buffalo, 1 Fuhrmann Blvd., Buffalo, NY
14203 between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LT
Tracy Wirth, Chief of Waterways
Management, Sector Buffalo 1
Fuhrmann Blvd., Buffalo, NY 14203;
(716) 843–9573.
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 permit
application was not received in time to
publish an NPRM followed by a final
rule before the effective date. Under 5
U.S.C. 553(d)(3), good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event and immediate
action is necessary to prevent possible
loss of life or property. The Coast Guard
has not received any complaints or
negative comments previously with
regard to this event.
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with a fireworks display. Based on
accidents that have occurred in other
Captain of the Port zones, and the
explosive hazards of fireworks, the
Captain of the Port Buffalo has
determined that fireworks launches
proximate to watercraft pose significant
risk to public safety and property. The
likely combination of large numbers of
recreation vessels, congested waterways,
darkness punctuated by bright flashes of
light, alcohol use, and debris falling into
the water could easily result in serious
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]]>Agencies
[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34377-34379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12071]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-06-023]
RIN 1625-AA01
Anchorage Regulations; Port of New York andVicinity
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is expanding the boundary of a Special
Anchorage Area on the Hudson River at Nyack, NY. This action is
necessary to facilitate safe navigation in that area and provide safe
and secure anchorages for vessels not more than 20 meters in length.
This action is intended to increase the safety of life and property on
the Hudson River, improve the safety of anchored vessels, and provide
for the overall safe and efficient flow of recreational vessel traffic
and commerce.
DATES: This rule is effective from July 23, 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 (CGD01-06-023) and are available for inspection or
copying at Waterways Management Division, Coast Guard Sector New York,
212 Coast Guard Drive, room 209, Staten Island, New York 10305 between
8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. McBrady,
Waterways Management Division, Coast Guard Sector New York at (718)
354-2353.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 6, 2007, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Anchorage Regulations; Port of New York
and Vicinity'' in the Federal Register (72 FR 5382). We received no
[[Page 34378]]
letters commenting on the proposed rule. No public meeting was
requested, and none was held.
Background and Purpose
As part of a waterfront revitalization effort, the Village of Nyack
is encouraging waterfront use by the general public. This rule is in
response to a request made by the Village of Nyack to ensure the safe
navigation of increased vessel traffic expected to arrive along the
village waterfront due to this revitalization effort.
The Coast Guard is designating the area as a special anchorage area
in accordance with 33 U.S.C. 471. In accordance with that statute,
vessels will not be required to sound signals or exhibit anchor lights
or shapes which are otherwise required by rule 30 and 35 of the Inland
Navigation Rules, codified at 33 U.S.C. 2030 and 2035. The expanded
special anchorage area is located on the west side of the Hudson River
about 1,600 yards north of the Tappan Zee Bridge, well removed from the
channel and located where general navigation will not endanger or be
endangered by unlighted vessels. Providing anchorage well removed from
the channel and general navigation will greatly increase navigational
safety.
Discussion of Comments and Changes
The Coast Guard received no comments on this rulemaking and no
changes have been made.
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.
This finding is based on the fact that the rule conforms to the
changing needs of the Village of Nyack and the changing needs of
recreational vessels along the Hudson River. The eastern boundary of
the special anchorage area is approximately 970 yards from the 12-foot
contour on the west side of the Hudson River and approximately 2,600
yards from the 12-foot contour on the eastern side of the Hudson River.
The resulting impact to vessel transits in this area is minimal because
the special anchorage area leaves more than enough room for the
navigation of all vessels. This will allow for greater safety of
navigation and traffic in the area, while also providing for a
substantial improvement to the safety of anchorages in the area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of recreational or
commercial vessels intending to transit in a portion of the Hudson
River near the expanded special anchorage area. However, this special
anchorage area will not have a significant economic impact on these
entities for the following reasons. The eastern boundary of the special
anchorage area is approximately 970 yards from the 12-foot contour on
the west side of the Hudson River and approximately 2,600 yards from
the 12-foot contour on the eastern side of the Hudson River. It is also
about 1,700 yards from the 600-foot wide Hudson River Federal Project
Channel. The eastern boundary of this Special Anchorage Area only
extends an additional 200 yards from the Nyack shoreline. This is more
than enough room for the types of vessels currently operating on the
river, which include both small and large commercial vessels. Thus,
this special anchorage area will not impede safe and efficient vessel
transits on the Hudson River.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard received no requests for assistance.
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 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.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
[[Page 34379]]
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
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)(f), of the Instruction, from further environmental
documentation. Paragraph (34)(f) applies because this rule expands a
special anchorage area.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
2. In Sec. 110.60, revise paragraph (o-2) to read as follows:
Sec. 110.60 Port of New York and vicinity.
* * * * *
(o) * * *
(o-2) Hudson River, at Nyack. That portion of the Hudson River
bound by the following points: 41[deg]06'06.8'' N, 073[deg]54'55.5'' W;
thence to 41[deg]06'06.8'' N, 073[deg]54'18.0'' W; thence to
41[deg]05'00.0'' N, 073[deg]54'18.0'' W; thence to 41[deg]05'00.0''
N,073[deg]55'02.2'' W; thence along the shoreline to the point of
origin (NAD 1983), excluding a fairway in the charted cable area that
is marked with buoys.
Note: The area is principally for use by yachts and other
recreational craft. A mooring buoy is permitted.
* * * * *
Dated: June 7, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E7-12071 Filed 6-21-07; 8:45 am]
BILLING CODE 4910-15-P
