Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License, 38486-38488 [07-3447]
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38486
Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
5. In appendix B to part 4044, a new
entry for August 2007, as set forth
below, is added to the table.
I
4. The authority citation for part 4044
continues to read as follows:
I
The values of it are:
For valuation dates occurring in the month—
it
*
*
*
August 2007 ......................................................................
Issued in Washington, DC, on this 9th day
of July 2007.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E7–13594 Filed 7–12–07; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA–2006–24191; USCG–
2006–24196]
RIN 1652–AA41
United States Coast Guard,
Department of Homeland Security
(DHS).
ACTION: Final rule; extension of
compliance date.
AGENCY:
The Department of Homeland
Security (DHS), through the United
States Coast Guard (Coast Guard), issues
this final rule to extend compliance
dates for the redesignation of secure
areas. The Coast Guard is delaying the
date by which facilities wishing to
redefine their secure areas must submit
an amendment to their facility security
plan. Amendments to facility security
plans are now due by September 4,
2007.
SUMMARY:
This final rule is effective July
13, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of dockets TSA–2006–24191 and
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DATES:
16:47 Jul 12, 2007
it
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for t =
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.0549
1–20
Jkt 211001
USCG–2006–24196, and are available
for inspection or copying at the Docket
Management Facility, U.S. Department
of Transportation, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. You may also find this docket
on the Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
LCDR Jonathan Maiorine, telephone 1–
877–687–2243. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
On May 22, 2006, The Department of
Homeland Security (DHS) through the
United States Coast Guard (Coast Guard)
and the Transportation Security
Administration (TSA) published a joint
notice of proposed rulemaking entitled
‘‘Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector; Hazardous
Materials Endorsement for a
Commercial Driver’s License’’ in the
Federal Register (71 FR 29396). This
was followed by a 45 day comment
period and four public meetings. The
Coast Guard and TSA issued a joint
final rule, under the same title, on
January 25, 2007 (72 FR 3492)
(hereinafter referred to as the original
TWIC final rule). The preamble to that
final rule contains a discussion of all the
comments received on the NPRM, as
well as a discussion of the provisions
found in the original TWIC final rule,
which became effective on March 26,
2007.
II. Background and Purpose
A complete discussion of the
background and purpose of the original
TWIC final rule may be found beginning
at 72 FR 3494. This final rule is being
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I. Regulatory History
Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector; Hazardous
Materials Endorsement for a
Commercial Driver’s License
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N/A
issued in order to amend the original
TWIC final rule to reflect delays in the
issuance of guidance.
III. Discussion of Change
The Coast Guard is delaying the date
by which facilities wishing to redefine
their secure areas must submit an
amendment to their facility security
plan. The original final rule required
these submissions to be made to the
appropriate Captain of the Port (COTP)
by July 25, 2007. The Coast Guard
issued its Navigation and Vessel
Inspection Circular (NVIC) containing
guidance on which facilities are eligible
for this redefinition, and what would be
an acceptable new definition of ‘‘secure
area,’’ on July 6, 2007. In order to
provide facility owners and operators
time to take this guidance into account
before submitting their revised plan, we
are delaying the deadline for these
submission until September 4, 2007.
This amendment may be found at 33
CFR 105.115.
IV. Regulatory Requirements
A. Administrative Procedure Act
We did not publish a notice of
proposed rulemaking (NPRM) for this
final rule. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM, because
providing opportunity for public
comment is unnecessary and would be
contrary to the public interest. The
provision being amended by this final
rule without prior notice and comment
eases a restriction on the public by
providing the public (owners and
operators of facilities regulated by 33
CFR part 105) with more time to comply
with the regulatory requirements. For
the same reason, 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.
E:\FR\FM\13JYR1.SGM
13JYR1
Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations
B. Executive Order 12866 (Regulatory
Planning and Review)
The original TWIC final rule was a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review and
therefore it was reviewed by the Office
of Management and Budget. E.O. 12866
requires an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Final Assessment for the
original TWIC final rule is available in
both the TSA and Coast Guard dockets
where indicated under the ADDRESSES
section of this preamble. A summary of
that assessment was included in the
original TWIC final rule at 72 FR 3570–
3572.
This final rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866. The Office of
Management and Budget has not
reviewed it under that Order. We expect
the economic impact of this rule to be
minimal and a full Regulatory
Evaluation unnecessary.
We anticipate that these changes will
not substantially increase TWIC related
compliance costs to the affected entities
and in most cases will provide
advantages through deadline extensions.
C. 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.
We do not expect this rule to
substantially increase TWIC related
compliance costs, as it extends a
deadline. The Coast Guard certifies
under 5 U.S.C. 605(b) that this final rule
will not have a significant economic
impact on a substantial number of small
entities.
mstockstill on PROD1PC66 with RULES
D. 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 the 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
VerDate Aug<31>2005
16:47 Jul 12, 2007
Jkt 211001
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).]
E. 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).
F. 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.
G. 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.
H. 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.
I. 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.
J. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
K. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
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38487
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.
L. 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.
M. 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.
N. Environment
The provisions of this rule have been
analyzed under the Department of
Homeland Security (DHS) Management
Directive (MD) 5100.1, Environmental
Planning Program, which is the DHS
policy and procedures for implementing
the National Environmental Policy Act
(NEPA), and related E.O.s and
requirements. The changes being made
by this final rule have no effect on the
environmental analysis that
accompanied the promulgation of the
original TWIC final rule. That analysis
can be found at 72 FR 3576–3577.
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38488
Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Rules and Regulations
Accordingly, there are no
extraordinary circumstances presented
by this rule that would limit the use of
a categorical exclusion (CATEX) under
MD 5100.1, Appendix A, paragraph 3.2.
The implementation of this rule, like the
implementation of the original TWIC
final rule, is categorically excluded
under the following CATEX listed in
MD 5100.1, Appendix A, Table 1:
CATEX A1 (personnel, fiscal,
management and administrative
activities); CATEX A3 (promulgation of
rules, issuance of rulings or
interpretations); and CATEX A4
(information gathering, data analysis
and processing, information
dissemination, review, interpretation
and development of documents).
CATEX B3 (proposed activities and
operations to be conducted in an
existing structure that would be
compatible with and similar in scope to
ongoing functional uses) and CATEX B
11 (routine monitoring and surveillance
activities that support law enforcement
or homeland security and defense
operations) would also be applicable.
List of Subjects in 33 CFR Part 105
Facilities, Maritime security,
Reporting and recordkeeping
requirements, Security measures.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 105 as follows:
I
PART 105—MARITIME SECURITY:
FACILITIES
1. The authority citation for part 105
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
70103; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–
11, 6.14, 6.16, and 6.19; Department of
Homeland Security Delegation No, 0170.1.
§ 105.115
[Amended]
2. Amend § 105.115(c) by removing
the date ‘‘July 25, 2007’’ and adding in
its place the date ‘‘September 4, 2007’’.
I
Dated: July 10, 2007.
F.J. Sturm,
Acting Assistant Commandant for Prevention.
[FR Doc. 07–3447 Filed 7–11–07; 12:11 pm]
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BILLING CODE 4910–15–P
VerDate Aug<31>2005
16:47 Jul 12, 2007
Jkt 211001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–069]
RIN 1625–AA00
Safety Zone; Milwaukee Harbor,
Milwaukee, WI
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Milwaukee Harbor Safety Zone in
Milwaukee Harbor during June through
September 2007. This action is
necessary to protect vessels and people
from the hazards associated with
fireworks displays. This safety zone will
restrict vessel traffic from a portion of
the Captain of the Port Lake Michigan
Zone.
DATES: Effective from 9 p.m. on June 28,
2007 to 11 p.m. on September 8, 2007.
FOR FURTHER INFORMATION CONTACT:
CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone,
Milwaukee Harbor, Milwaukee, WI, 33
CFR 165.935 for the following events:
(1) Summerfest fireworks display on
June 28, 2007 from 9 p.m. through 11
p.m.;
(2) Festa Italiana fireworks displays
on July 19, 2007 from 9 p.m. through
11:30 p.m.; on July 20, 2007 from 9 p.m.
through 11:30 p.m.; on July 21, 2007
from 9 p.m. through 11:30 p.m.; and on
July 22, 2007 from 9 p.m. through 11:30
p.m.;
(3) German Fest fireworks display on
July 27, 2007 from 9 p.m. through 11
p.m.; on July 28, 2007 from 9 p.m.
through 11 p.m.; and on July 29, 2007
from 9 p.m. through 11 p.m.;
(4) Mexican Fiesta fireworks display
on August 24, 2007 from 9 p.m. through
11 p.m.; and
(5) Indian Summer fireworks displays
on September 8, 2007 from 9 p.m.
through 11 p.m.
All vessels must obtain permission
from the Captain of the Port or his onscene representative to enter, move
within or exit the safety zone. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port or a designated representative.
While within a safety zone, all vessels
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shall operate at the minimum speed
necessary to maintain a safe course.
This notice is issued under authority
of 33 CFR 165.935 Safety Zone,
Milwaukee Harbor, Milwaukee, WI
(published on June 13, 2007 at 72 FR
32522) and 5 U.S.C. 552(a). In addition
to this notice in the Federal Register,
the Coast Guard will provide the
maritime community with advance
notification of these enforcement
periods via broadcast Notice to Mariners
or Local Notice to Mariners. The
Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Detroit on channel 16, VHF–FM.
Dated: June 28, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E7–13575 Filed 7–12–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–B–7722]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Mitigation Assistant Administrator of
FEMA reconsider the changes. The
modified BFEs may be changed during
the 90-day period.
E:\FR\FM\13JYR1.SGM
13JYR1
]]>Agencies
[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Rules and Regulations]
[Pages 38486-38488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3447]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 105
[Docket Nos. TSA-2006-24191; USCG-2006-24196]
RIN 1652-AA41
Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License
AGENCY: United States Coast Guard, Department of Homeland Security
(DHS).
ACTION: Final rule; extension of compliance date.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS), through the United
States Coast Guard (Coast Guard), issues this final rule to extend
compliance dates for the redesignation of secure areas. The Coast Guard
is delaying the date by which facilities wishing to redefine their
secure areas must submit an amendment to their facility security plan.
Amendments to facility security plans are now due by September 4, 2007.
DATES: This final rule is effective July 13, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
I. Regulatory History
On May 22, 2006, The Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45 day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
II. Background and Purpose
A complete discussion of the background and purpose of the original
TWIC final rule may be found beginning at 72 FR 3494. This final rule
is being issued in order to amend the original TWIC final rule to
reflect delays in the issuance of guidance.
III. Discussion of Change
The Coast Guard is delaying the date by which facilities wishing to
redefine their secure areas must submit an amendment to their facility
security plan. The original final rule required these submissions to be
made to the appropriate Captain of the Port (COTP) by July 25, 2007.
The Coast Guard issued its Navigation and Vessel Inspection Circular
(NVIC) containing guidance on which facilities are eligible for this
redefinition, and what would be an acceptable new definition of
``secure area,'' on July 6, 2007. In order to provide facility owners
and operators time to take this guidance into account before submitting
their revised plan, we are delaying the deadline for these submission
until September 4, 2007. This amendment may be found at 33 CFR 105.115.
IV. Regulatory Requirements
A. Administrative Procedure Act
We did not publish a notice of proposed rulemaking (NPRM) for this
final rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, because providing opportunity
for public comment is unnecessary and would be contrary to the public
interest. The provision being amended by this final rule without prior
notice and comment eases a restriction on the public by providing the
public (owners and operators of facilities regulated by 33 CFR part
105) with more time to comply with the regulatory requirements. For the
same reason, 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.
[[Page 38487]]
B. Executive Order 12866 (Regulatory Planning and Review)
The original TWIC final rule was a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review and therefore it was reviewed by the Office of
Management and Budget. E.O. 12866 requires an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Final
Assessment for the original TWIC final rule is available in both the
TSA and Coast Guard dockets where indicated under the ADDRESSES section
of this preamble. A summary of that assessment was included in the
original TWIC final rule at 72 FR 3570-3572.
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this rule to be minimal and a full Regulatory Evaluation
unnecessary.
We anticipate that these changes will not substantially increase
TWIC related compliance costs to the affected entities and in most
cases will provide advantages through deadline extensions.
C. 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.
We do not expect this rule to substantially increase TWIC related
compliance costs, as it extends a deadline. The Coast Guard certifies
under 5 U.S.C. 605(b) that this final rule will not have a significant
economic impact on a substantial number of small entities.
D. 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 the 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).]
E. 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).
F. 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.
G. 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.
H. 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.
I. 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.
J. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
K. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
L. 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.
M. 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.
N. Environment
The provisions of this rule have been analyzed under the Department
of Homeland Security (DHS) Management Directive (MD) 5100.1,
Environmental Planning Program, which is the DHS policy and procedures
for implementing the National Environmental Policy Act (NEPA), and
related E.O.s and requirements. The changes being made by this final
rule have no effect on the environmental analysis that accompanied the
promulgation of the original TWIC final rule. That analysis can be
found at 72 FR 3576-3577.
[[Page 38488]]
Accordingly, there are no extraordinary circumstances presented by
this rule that would limit the use of a categorical exclusion (CATEX)
under MD 5100.1, Appendix A, paragraph 3.2. The implementation of this
rule, like the implementation of the original TWIC final rule, is
categorically excluded under the following CATEX listed in MD 5100.1,
Appendix A, Table 1: CATEX A1 (personnel, fiscal, management and
administrative activities); CATEX A3 (promulgation of rules, issuance
of rulings or interpretations); and CATEX A4 (information gathering,
data analysis and processing, information dissemination, review,
interpretation and development of documents). CATEX B3 (proposed
activities and operations to be conducted in an existing structure that
would be compatible with and similar in scope to ongoing functional
uses) and CATEX B 11 (routine monitoring and surveillance activities
that support law enforcement or homeland security and defense
operations) would also be applicable.
List of Subjects in 33 CFR Part 105
Facilities, Maritime security, Reporting and recordkeeping
requirements, Security measures.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 105 as follows:
PART 105--MARITIME SECURITY: FACILITIES
0
1. The authority citation for part 105 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191;
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No, 0170.1.
Sec. 105.115 [Amended]
0
2. Amend Sec. 105.115(c) by removing the date ``July 25, 2007'' and
adding in its place the date ``September 4, 2007''.
Dated: July 10, 2007.
F.J. Sturm,
Acting Assistant Commandant for Prevention.
[FR Doc. 07-3447 Filed 7-11-07; 12:11 pm]
BILLING CODE 4910-15-P
