Security Zone; M/V Odyssey III, Global Air Chiefs Conference, Upper Potomac River, Washington, DC, 46897-46899 [E7-16479]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
scheduled demolition. The U.S. 165
Bridge currently operates in accordance
with 33 CFR 117.483, which requires
the drawbridge to open on signal if at
least one hour notice is given. In order
to facilitate the pre-demolition work, the
drawbridge must be kept in the closedto-navigation position. This deviation
allows the drawbridge to remain closedto-navigation from 8 a.m., August 6,
2007 until August 31, 2007. If the
removal occurs prior to August 31,
2007, we will cancel this deviation via
notice published in the local notice to
mariners.
There are no alternate routes for
vessels transiting this section of the
Ouachita River.
The U.S. 165 Bridge, in the closed-tonavigation position, provides a vertical
clearance of 50.2 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. This
temporary deviation has been
coordinated with waterway users. No
objections were received.
At the end of the designated time
period, a Final Rule will be processed
to remove this bridge from 33 CFR
117.483.
Dated: August 1, 2007.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. E7–16493 Filed 8–21–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA87
Security Zone; M/V Odyssey III, Global
Air Chiefs Conference, Upper Potomac
River, Washington, DC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
yshivers on PROD1PC62 with RULES
SUMMARY: The Coast Guard is
establishing a temporary security zone
in certain waters of the Upper Potomac
River surrounding the motor vessel
Odyssey III, a 230-foot passenger vessel.
This action is necessary in order to
ensure the security of high-ranking
public officials and safeguard the public
at large against terrorist acts or incidents
during activities associated with a
dinner cruise held in conjunction with
the Global Air Chiefs Conference, in
Washington, DC, on September 23,
2007. This rule prohibits vessels and
VerDate Aug<31>2005
15:19 Aug 21, 2007
This rule is effective from 3 p.m.
through 5 p.m. on September 23, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–07–
080 and are available for inspection or
copying at Coast Guard Sector
Baltimore, Waterways Management
Division, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald Houck, at Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674 or (410) 576–2693.
SUPPLEMENTARY INFORMATION:
DATES:
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 is establishing this temporary
security zone to coordinate security
operations and establish a secure
environment for this highly visible and
publicized event. The publication of an
NPRM is impracticable and contrary to
the public interest as there is not
sufficient time to publish an NPRM and
get comments before issuing a final rule.
Background and Purpose
[Docket No. CGD05–07–080]
ACTION:
people from entering the security zone
and requires vessels and persons in the
security zone to depart the zone, unless
specifically exempt under the
provisions in this rule or granted
specific permission from the Coast
Guard Captain of the Port Baltimore,
Maryland, or his designated
representative.
Jkt 211001
The ongoing hostilities in Afghanistan
and Iraq have made it prudent for U.S.
ports and waterways to be on a higher
state of alert because the al Qaeda
organization and other similar
organizations have declared an ongoing
intention to conduct armed attacks on
U.S. interests worldwide. Due to
increased awareness that future terrorist
attacks are possible, the Coast Guard, as
lead federal agency for maritime
homeland security, has determined that
the Captain of the Port Baltimore must
have the means to be aware of, deter,
detect, intercept, and respond to
asymmetric threats, acts of aggression,
and attacks by terrorists on the
American homeland while still
maintaining our freedoms and
sustaining the flow of commerce. This
security zone is part of a comprehensive
port security regime designed to
safeguard human life, vessels, and
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
46897
waterfront facilities against sabotage or
terrorist attacks.
In this particular rulemaking, to
address the aforementioned security
concerns before, during, and after the
highly-publicized public event, and to
take steps to prevent the catastrophic
impact that a terrorist attack against
high-ranking public officials and the
public at large before, during, and after
a dinner cruise held on the Upper
Potomac River for visiting foreign
dignitaries would have on the public
interest, the Captain of the Port,
Baltimore, Maryland is establishing a
security zone upon waters of the Upper
Potomac River, encompassing an area
100 yards in all directions around the
passenger vessel Odyssey III while
moored, underway or anchored on the
Upper Potomac River. This security
zone will help the Coast Guard to
prevent vessels or persons from
engaging in terrorist actions against a
large number of participants during the
event. Due to these heightened security
concerns, and the catastrophic impact a
terrorist attack on the passenger vessel
Odyssey III would have on the large
number of participants, and the
surrounding area and communities, a
security zone is prudent for this type of
event.
Discussion of Rule
From September 20, 2007, through
September 29, 2007, the U.S. Air Force
Chief of Staff (CSAF) will host the
Global Air Chiefs Conference, in
Washington, DC. In conjunction with
this event, the CSAF has invited his
counterparts from around the world to
attend a dinner cruise on the Upper
Potomac River on board the passenger
vessel Odyssey III. The cruise will occur
on Sunday, September 23, 2007. This
security zone is necessary to prevent
vessels or persons on waters of the
Upper Potomac River, encompassing an
area 100 yards in all directions around
the passenger vessel Odyssey III while
moored, underway or anchored, from
approaching the vessel and thereby
bypassing the security measures for the
event established by the United States
Air Force Office of Special
Investigations. Vessel traffic in the
Upper Potomac River will be restricted.
Except for Public vessels and vessels at
berth, mooring or at anchor, this rule
requires all vessels in the designated
security zone, as defined by this rule,
underway at the time this security zone
is implemented to immediately proceed
out of the security zone. Entry into this
zone is prohibited unless authorized by
the Captain of the Port or his designated
representative. The Captain of the Port
will issue Notices to Mariners to
E:\FR\FM\22AUR1.SGM
22AUR1
46898
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
publicize the security zone and notify
the public of changes in the status of the
zone. Such notices will continue until
the event has concluded.
yshivers on PROD1PC62 with RULES
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
Although this rule prevents traffic from
transiting a portion of the Upper
Potomac River during the event, the
effect of this rule will not be significant
due to the limited size and duration of
the security zone, the extensive
notifications that will be made to the
maritime community via marine
information broadcasts, and vessel
traffic not constrained by draft will be
able to safely transit around the zone.
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 may be small
entities: The owners or operators of
vessels intending to operate, remain or
anchor on the Upper Potomac River,
encompassing an area 100 yards in all
directions around the passenger vessel
Odyssey III while moored, underway or
anchored on the Upper Potomac River,
from 3 p.m. to 5 p.m. on September 23,
2007. This rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for 2 hours, and vessels not
constrained by draft, which usually are
small entities, may safely transit around
the zone. In addition, the Coast Guard
will issue maritime advisories which
will be widely available to users of the
Upper Potomac River before the
effective period.
VerDate Aug<31>2005
15:19 Aug 21, 2007
Jkt 211001
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 the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process.
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 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.
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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.
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.
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.
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Rules and Regulations
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)(g), of the Instruction, from further
environmental documentation. This rule
establishes a security zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–080 to
read as follows:
165, subpart D, apply to the security
zone described in paragraph (a) of this
section.
(2) Entry into or remaining in this
zone is prohibited unless authorized by
the Coast Guard Captain of the Port,
Baltimore, Maryland, or his designated
representative.
(3) Persons or vessels requiring entry
into or passage through the security
zone must first request authorization
from the Captain of the Port, Baltimore,
or his designated representative, for
permission to transit the area. The
Captain of the Port, Baltimore, Maryland
can be contacted at telephone number
(410) 576–2693. The Coast Guard
vessels enforcing this section can be
contacted on VHF Marine Band Radio,
VHF channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or
other means, the operator of a vessel
shall proceed as directed. If permission
is granted, all persons and vessels must
comply with the instructions of the
Captain of the Port, Baltimore,
Maryland, or his designated
representative, and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the zone by Federal, State, and local
agencies.
(d) Enforcement period. This section
will be enforced from 3 p.m. through 5
p.m. on September 23, 2007.
Dated: August 7, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E7–16479 Filed 8–21–07; 8:45 am]
BILLING CODE 4910–15–P
I
DEPARTMENT OF COMMERCE
yshivers on PROD1PC62 with RULES
§ 165.T05–080 Security Zone; M/V
Odyssey III, Global Air Chiefs Conference,
Upper Potomac River, Washington, DC.
(a) Definitions. (1) For purposes of
this section, designated representative
means the Commander, Coast Guard
Sector Baltimore, Maryland or any Coast
Guard commissioned, warrant, or petty
officer who has been authorized by the
Captain of the Port, Baltimore, Maryland
to act on his behalf.
(b) Location. The following area is a
security zone: All waters of the Upper
Potomac River, encompassing an area
100 yards in all directions around the
motor vessel Odyssey III while moored,
underway or anchored on the Upper
Potomac River.
(c) Regulations. (1) The general
security zone regulations in 33 CFR part
VerDate Aug<31>2005
15:19 Aug 21, 2007
Jkt 211001
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO–C–2006–0015]
RIN 0651–AB81
Revision of Patent Fees for Fiscal Year
2007
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (USPTO) (referred to
as ‘‘Office’’ in this notice) is adjusting
certain patent fee amounts to reflect
fluctuations in the Consumer Price
Index (CPI). Also, the Office is
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
46899
adjusting, by a corresponding amount, a
few patent fee rates that track the
affected fee amounts. The Director is
authorized to adjust these fee amounts
annually by the CPI to recover the
higher costs associated with doing
business.
The USPTO is adjusting the patent fee
amounts under the Consolidated
Appropriations Act, 2005 (Consolidated
Appropriations Act), which revised
certain patent fee rates, and provided for
a search fee and examination fee
separate from the filing fee, during fiscal
years 2005 and 2006; and continued in
fiscal year 2007 under the revised
Continuing Appropriations Resolution,
2007 (Continuing Appropriations
Resolution). Legislation has been
introduced that would extend the fee
rate revisions in the Consolidated
Appropriations Act.
In the event legislation is not enacted
to continue the patent fee amounts
under the Consolidated Appropriations
Act, the USPTO will be adjusting patent
statutory fee rates that were in
application prior to implementation of
the Consolidated Appropriations Act.
The prior fee rates, adjusted for CPI, will
be effective for fiscal year 2008.
DATES: Effective September 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Dianne Woods by e-mail at
Dianne.Woods@uspto.gov, by telephone
at (571) 272–6301, or by fax at (571)
273–0127.
SUPPLEMENTARY INFORMATION: This final
rule adjusts certain USPTO patent fee
amounts in accordance with the
applicable provisions of title 35, United
States Code, as amended by the
Consolidated Appropriations Act (Pub.
L. 108–447). This final rule also adjusts,
by a corresponding amount, a few
patent fee rates (37 CFR 1.17(e), (r) and
(s) that track statutory fee amounts (37
CFR 1.16(a)).
The USPTO is adjusting the patent fee
amounts established under the
Consolidated Appropriations Act, and
extended under the revised Continuing
Appropriations Resolution. Legislation
has been introduced in the Congress
that would extend the fee amount
revisions in the Consolidated
Appropriations Act, and the revised
Continuing Appropriations Resolution.
If the legislation is enacted, then this
final rule will apply. If this legislation
is not enacted, then the fee rate
adjustments will apply to the former fee
amounts in place on October 1, 2004, to
December 7, 2004 (prior to the
enactment of the Consolidated
Appropriations Act).
A proposed rule notice was published
at 71 FR 32285 on June 5, 2006, which
E:\FR\FM\22AUR1.SGM
22AUR1
]]>Agencies
[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Rules and Regulations]
[Pages 46897-46899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16479]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD05-07-080]
RIN 1625-AA87
Security Zone; M/V Odyssey III, Global Air Chiefs Conference,
Upper Potomac River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
certain waters of the Upper Potomac River surrounding the motor vessel
Odyssey III, a 230-foot passenger vessel. This action is necessary in
order to ensure the security of high-ranking public officials and
safeguard the public at large against terrorist acts or incidents
during activities associated with a dinner cruise held in conjunction
with the Global Air Chiefs Conference, in Washington, DC, on September
23, 2007. This rule prohibits vessels and people from entering the
security zone and requires vessels and persons in the security zone to
depart the zone, unless specifically exempt under the provisions in
this rule or granted specific permission from the Coast Guard Captain
of the Port Baltimore, Maryland, or his designated representative.
DATES: This rule is effective from 3 p.m. through 5 p.m. on September
23, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-07-080 and are available for
inspection or copying at Coast Guard Sector Baltimore, Waterways
Management Division, between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
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 is
establishing this temporary security zone to coordinate security
operations and establish a secure environment for this highly visible
and publicized event. The publication of an NPRM is impracticable and
contrary to the public interest as there is not sufficient time to
publish an NPRM and get comments before issuing a final rule.
Background and Purpose
The ongoing hostilities in Afghanistan and Iraq have made it
prudent for U.S. ports and waterways to be on a higher state of alert
because the al Qaeda organization and other similar organizations have
declared an ongoing intention to conduct armed attacks on U.S.
interests worldwide. Due to increased awareness that future terrorist
attacks are possible, the Coast Guard, as lead federal agency for
maritime homeland security, has determined that the Captain of the Port
Baltimore must have the means to be aware of, deter, detect, intercept,
and respond to asymmetric threats, acts of aggression, and attacks by
terrorists on the American homeland while still maintaining our
freedoms and sustaining the flow of commerce. This security zone is
part of a comprehensive port security regime designed to safeguard
human life, vessels, and waterfront facilities against sabotage or
terrorist attacks.
In this particular rulemaking, to address the aforementioned
security concerns before, during, and after the highly-publicized
public event, and to take steps to prevent the catastrophic impact that
a terrorist attack against high-ranking public officials and the public
at large before, during, and after a dinner cruise held on the Upper
Potomac River for visiting foreign dignitaries would have on the public
interest, the Captain of the Port, Baltimore, Maryland is establishing
a security zone upon waters of the Upper Potomac River, encompassing an
area 100 yards in all directions around the passenger vessel Odyssey
III while moored, underway or anchored on the Upper Potomac River. This
security zone will help the Coast Guard to prevent vessels or persons
from engaging in terrorist actions against a large number of
participants during the event. Due to these heightened security
concerns, and the catastrophic impact a terrorist attack on the
passenger vessel Odyssey III would have on the large number of
participants, and the surrounding area and communities, a security zone
is prudent for this type of event.
Discussion of Rule
From September 20, 2007, through September 29, 2007, the U.S. Air
Force Chief of Staff (CSAF) will host the Global Air Chiefs Conference,
in Washington, DC. In conjunction with this event, the CSAF has invited
his counterparts from around the world to attend a dinner cruise on the
Upper Potomac River on board the passenger vessel Odyssey III. The
cruise will occur on Sunday, September 23, 2007. This security zone is
necessary to prevent vessels or persons on waters of the Upper Potomac
River, encompassing an area 100 yards in all directions around the
passenger vessel Odyssey III while moored, underway or anchored, from
approaching the vessel and thereby bypassing the security measures for
the event established by the United States Air Force Office of Special
Investigations. Vessel traffic in the Upper Potomac River will be
restricted. Except for Public vessels and vessels at berth, mooring or
at anchor, this rule requires all vessels in the designated security
zone, as defined by this rule, underway at the time this security zone
is implemented to immediately proceed out of the security zone. Entry
into this zone is prohibited unless authorized by the Captain of the
Port or his designated representative. The Captain of the Port will
issue Notices to Mariners to
[[Page 46898]]
publicize the security zone and notify the public of changes in the
status of the zone. Such notices will continue until the event has
concluded.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this rule prevents
traffic from transiting a portion of the Upper Potomac River during the
event, the effect of this rule will not be significant due to the
limited size and duration of the security zone, the extensive
notifications that will be made to the maritime community via marine
information broadcasts, and vessel traffic not constrained by draft
will be able to safely transit around the zone.
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
may be small entities: The owners or operators of vessels intending to
operate, remain or anchor on the Upper Potomac River, encompassing an
area 100 yards in all directions around the passenger vessel Odyssey
III while moored, underway or anchored on the Upper Potomac River, from
3 p.m. to 5 p.m. on September 23, 2007. This rule will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule will be in effect for 2 hours, and
vessels not constrained by draft, which usually are small entities, may
safely transit around the zone. In addition, the Coast Guard will issue
maritime advisories which will be widely available to users of the
Upper Potomac River before the effective period.
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.
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 may
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 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.
[[Page 46899]]
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)(g), of the Instruction, from further environmental
documentation. This rule establishes a security zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-080 to read as follows:
Sec. 165.T05-080 Security Zone; M/V Odyssey III, Global Air Chiefs
Conference, Upper Potomac River, Washington, DC.
(a) Definitions. (1) For purposes of this section, designated
representative means the Commander, Coast Guard Sector Baltimore,
Maryland or any Coast Guard commissioned, warrant, or petty officer who
has been authorized by the Captain of the Port, Baltimore, Maryland to
act on his behalf.
(b) Location. The following area is a security zone: All waters of
the Upper Potomac River, encompassing an area 100 yards in all
directions around the motor vessel Odyssey III while moored, underway
or anchored on the Upper Potomac River.
(c) Regulations. (1) The general security zone regulations in 33
CFR part 165, subpart D, apply to the security zone described in
paragraph (a) of this section.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Baltimore, Maryland,
or his designated representative.
(3) Persons or vessels requiring entry into or passage through the
security zone must first request authorization from the Captain of the
Port, Baltimore, or his designated representative, for permission to
transit the area. The Captain of the Port, Baltimore, Maryland can be
contacted at telephone number (410) 576-2693. The Coast Guard vessels
enforcing this section can be contacted on VHF Marine Band Radio, VHF
channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light, or other means, the operator of a
vessel shall proceed as directed. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port, Baltimore, Maryland, or his designated representative, and
proceed at the minimum speed necessary to maintain a safe course while
within the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the zone by Federal, State, and local agencies.
(d) Enforcement period. This section will be enforced from 3 p.m.
through 5 p.m. on September 23, 2007.
Dated: August 7, 2007.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. E7-16479 Filed 8-21-07; 8:45 am]
BILLING CODE 4910-15-P
