Safety Zone; Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 48236-48239 [E7-16630]
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48236
Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Rules and Regulations
Chevak, AK, Chevak, RNAV (GPS) RWY 32,
Orig-A, CANCELLED
Chevak, AK, Chevak, Takeoff Minimums and
Obstacle Departure Procedures, Orig
Okeechobee, FL, Okeechobee County, RNAV
(GPS) RWY 5, Orig
Okeechobee, FL, Okeechobee County, RNAV
(GPS) RWY 23, Orig
Okeechobee, FL, Okeechobee County,
Takeoff Minimums and Obstacle Departure
Procedures, Orig
Americus, GA, Souther Field, Takeoff
Minimums and Obstacle Departure
Procedures, Orig
Russell, KS, Russell Muni, RNAV (GPS) RWY
17, Orig
Russell, KS, Russell Muni, RNAV (GPS) RWY
35, Orig
Russell, KS, Russell Muni, VOR/DME–A,
Amdt 5
Russell, KS, Russell Muni, GPS RWY 17,
Orig, CANCELLED
Russell, KS, Russell Muni, GPS RWY 35,
Orig, CANCELLED
Russell, KS, Russell Muni, Takeoff
Minimums and Obstacle DP, Amdt 1
Crookston, MN, Crookston Muni/Kirkwood
FLD, RNAV (GPS) RWY 13, Orig
Crookston, MN, Crookston Muni/Kirkwood
FLD, RNAV (GPS) RWY 31, Orig
Crookston, MN, Crookston Muni/Kirkwood
FLD, NDB RWY 13, Amdt 8
Crookston, MN, Crookston Muni/Kirkwood
FLD, GPS RWY 31, Amdt 1, CANCELLED
Crookston, MN, Crookston Muni/Kirkwood
FLD, Takeoff Minimums and Obstacle DP,
Amdt 2
New Albany, MS, New Albany-Union Co,
RNAV (GPS) RWY 18, Orig
New Albany, MS, New Albany-Union Co,
RNAV (GPS) RWY 36, Orig
New Albany, MS, New Albany-Union Co,
Takeoff Minimums and Obstacle Departure
Procedures, Orig
Newberry, SC, Newberry County, NDB RWY
22, Amdt 5
Newberry, SC, Newberry County, Takeoff
Minimums and Obstacle Departure
Procedures, Orig
[FR Doc. E7–16409 Filed 8–22–07; 8:45 am]
BILLING CODE 4910–13–P
The correction is effective
August 23, 2007.
DATES:
FOR FURTHER INFORMATION CONTACT:
Celia Gabrysh at (202) 622–3130 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the
subject of this correction are under
section 4081 of the Internal Revenue
Code.
Need for Correction
As published, final regulations (TD
9346) contain an error that may prove to
be misleading and is in need of
clarification.
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9346), which was
the subject of FR Doc. E7–14491, is
corrected as follows:
On page 41222, column 3, in the
preamble, under the paragraph heading
‘‘Background’’, the last line of the last
paragraph of the column, the language
‘‘nonsubstantive, clerical changes need
to’’ is corrected to read ‘‘nonsubstantive,
clerical changes needed to’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–16626 Filed 8–22–07; 8:45 am]
BILLING CODE 4830–01–P
Background
The final and temporary regulations
(TD 9344) that are the subject of these
corrections are under sections 7425 and
6343 of the Internal Revenue Code.
Need for Correction
As published, the final and temporary
regulations (TD 9344) contain errors that
may prove to be misleading and are in
need of clarification.
Correction of Publication
Accordingly, the final and temporary
regulations (TD 9344) that were the
subject of FR Doc. E7–14053 are
corrected as follows:
1. On page 39738, column 1, in the
preamble, under the caption ‘‘FOR
FURTHER INFORMATION CONTACT:’’, line 2,
the language ‘‘Robin M. Ferguson, (202)
622–3610 (not’’ is corrected to read
‘‘Robin M. Ferguson, (202) 622–3630
(not’’.
2. On page 39739, column 1, in the
preamble, under paragraph heading
‘‘Drafting Information’’, lines 4 and 5,
the language ‘‘and Administration
(Collection, Bankruptcy and
Summonses Division)’’ should be
corrected to read ‘‘and Administration.’’
LaNita Van Dyke,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. E7–16651 Filed 8–22–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
DEPARTMENT OF HOMELAND
SECURITY
26 CFR Part 301
Coast Guard
[TD 9344]
RIN 1545–BG24
33 CFR Part 165
[Docket No. CGD05–07–081]
Internal Revenue Service
Change to Office to Which Notices of
Nonjudicial Sale and Requests for
Return of Wrongfully Levied Property
Must Be Sent; Correction
26 CFR Parts 48 and 602
AGENCY:
DEPARTMENT OF THE TREASURY
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final and
temporary regulations.
[TD 9346]
RIN 1545–BC08
Entry of Taxable Fuel; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
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AGENCY:
SUMMARY: This document contains a
correction to final regulations (TD 9346)
that were published in the Federal
Register on Friday, July 27, 2007 (72 FR
41222) relating to the tax on the entry
of taxable fuel into the United States.
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SUMMARY: This document contains
corrections to final and temporary
regulations that were published in the
Federal Register on Friday, July 20,
2007 relating to the discharge of liens
under section 7425 and return of
wrongfully levied property under
section 6343.
FOR FURTHER INFORMATION CONTACT:
Robin M. Ferguson at (202) 622–3630.
SUPPLEMENTARY INFORMATION:
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RIN 1625–AA00
Safety Zone; Patapsco River,
Northwest and Inner Harbors,
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
upon certain waters of the Patapsco
River, Northwest Harbor, and Inner
Harbor during the movement of the
historic sloop-of-war USS
CONSTELLATION. This action is
necessary to provide for the safety of life
on navigable waters during the tow of
the vessel from its berth at the Inner
Harbor in Baltimore, Maryland, to a
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Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Rules and Regulations
point on the Patapsco River near the
Fort McHenry National Monument and
Historic Shrine in Baltimore, Maryland,
and return. This action will restrict
vessel traffic in portions of the Patapsco
River, Northwest Harbor, and Inner
Harbor during the event.
DATES: This rule is effective from 2 p.m.
through 7 p.m. local time on September
14, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–07–081 and are available
for inspection or copying at
Commander, U. S. Coast Guard Sector
Baltimore, 2401 Hawkins Point Road,
Building 70, Waterways Management
Division, Baltimore, Maryland, 21226–
1791 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:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and
(d)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM
and for making this rule effective less
than 30 days after publication in the
Federal Register. Publishing an NPRM
and delaying its effective date would be
contrary to the public interest, because
there is not sufficient time to publish a
proposed rule in advance of the event
and for safety concerns, it is in the
public interest to have a safety zone in
place for the event, since immediate
action is needed to protect persons and
vessels against the potential hazards
associated with the towing and turnaround of the historic sloop-of-war USS
CONSTELLATION, such as collisions
with other vessels operating in the
confined waterways.
Background and Purpose
The USS CONSTELLATION Museum
is planning to conduct a ‘‘turn-around’’
ceremony involving the sloop-of-war
USS CONSTELLATION in Baltimore,
Maryland on Friday, September 14,
2007. Planned events include a threehour, round-trip tow of the
CONSTELLATION in the Port of
Baltimore, with an onboard salute with
navy pattern cannon while the historic
vessel is positioned off Fort McHenry
National Monument and Historic Site.
The historic Sloop-of-War USS
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CONSTELLATION will be towed ‘‘dead
ship,’’ which means that the vessel will
be underway without the benefit of
mechanical or sail propulsion. The
return dead ship tow of the
CONSTELLATION to its berth in the
Inner Harbor is expected to occur
immediately upon execution of a tugassisted turn-around of the
CONSTELLATION on the Patapsco
River near Fort McHenry. The Coast
Guard anticipates a large recreational
boating fleet during this event,
scheduled on a late Friday afternoon
during the summer in Baltimore,
Maryland. Operators should expect
significant vessel congestion along the
planned route.
The purpose of this rule is to promote
maritime safety and protect participants
and the boating public in the Port of
Baltimore immediately prior to, during,
and after the scheduled event. The rule
will provide for a clear transit route for
the participating vessels, and provide a
safety buffer around the participating
vessels while they are in transit. The
rule will impact the movement of all
vessels operating upon certain waters of
the Patapsco River, Northwest Harbor
and Inner Harbor.
Discussion of Rule
The Coast Guard is establishing a
temporary moving safety zone on all
waters within 200 yards ahead of or 100
yards outboard or aft of the historic
Sloop-of-War USS CONSTELLATION,
surface to bottom, while operating in the
Inner Harbor, the Northwest Harbor and
the Patapsco River, at Baltimore,
Maryland. The temporary safety zone
will be enforced from 2 p.m. to 7 p.m.
on September 14, 2007. The effect will
be to restrict general navigation in the
area during the event. With the
exception of USS CONSTELLATION
‘‘turn-around’’ participants, no person
or vessel may enter or remain in the
safety zone. Vessels will be allowed to
transit the waters of the Inner Harbor,
the Northwest Harbor and the Patapsco
River outside the safety zone. This
safety zone is needed to control vessel
traffic during the event to enhance the
safety of transiting vessels.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule prevents traffic
from transiting a portion of the Inner
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48237
Harbor, the Northwest Harbor, and the
Patapsco River during the towing and
turn-around of the historic sloop-of-war
USS CONSTELLATION, the effect of
this rule will not be significant due to
the size and duration of the safety zone,
and the extensive notifications that will
be made to the maritime community via
marine information broadcasts and local
notices to mariners, so mariners can
adjust their plans accordingly. We
expect the economic impact of this
proposed rule to be so minimal that a
full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
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 would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to operate, remain or
anchor within certain waters of the
Patapsco River, Northwest Harbor and
Inner Harbor, in Baltimore, Maryland,
from 2 p.m. through 7 p.m. on
September 14, 2007. Because the zone is
of limited size and duration, it is
expected that there will be minimal
disruption to the maritime community.
Before the effective period, the Coast
Guard will issue maritime advisories
widely available to users of the river
and harbors to allow mariners to make
alternative plans for transiting the
affected areas. In addition, smaller
vessels not constrained by their draft,
which are more likely to be small
entities, may transit around the safety
zone.
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. However, we received no
requests for assistance from any small
entities.
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Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Rules and Regulations
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).
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
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.
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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
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14:56 Aug 22, 2007
Jkt 211001
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)(g), of the Instruction, from further
environmental documentation. This rule
establishes a safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
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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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T05–081 to read as
follows:
§ 165.T05–081 Safety Zone; Patapsco
River, Northwest and Inner Harbors,
Baltimore, MD.
(a) Definitions. For the purposes of
this section:
(1) Captain of the Port, Baltimore,
Maryland means the Commander, Coast
Guard Sector Baltimore 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 or her behalf.
(2) USS CONSTELLATION ‘‘turnaround’’ participants means the USS
CONSTELLATION, its support craft,
and the accompanying towing vessels.
(b) Location. The following area is a
moving safety zone: All waters within
200 yards ahead of or 100 yards
outboard or aft of the historic Sloop-ofWar USS CONSTELLATION, surface to
bottom, while operating in the Inner
Harbor, the Northwest Harbor, and the
Patapsco River.
(c) Regulations:
(1) The general regulations governing
safety zones, found in Sec. 165.23,
apply to the safety zone described in
paragraph (b) of this section.
(2) With the exception of USS
CONSTELLATION ‘‘turn-around’’
participants, entry into or remaining in
this zone is prohibited, unless
authorized by the Captain of the Port,
Baltimore, Maryland.
(3) Persons or vessels requiring entry
into or passage through the moving
safety zone must first request
authorization from the Captain of the
Port, Baltimore, Maryland to seek
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 Marine Band Radio VHF
Channel 16 (156.8 MHz). Upon being
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hailed by a U.S. Coast Guard vessel by
siren, radio, flashing light, or other
means, the person or vessel shall
proceed as directed. If permission is
granted, all persons or vessels must
comply with the instructions of the
Captain of the Port, Baltimore,
Maryland, and proceed at the minimum
speed necessary to maintain a safe
course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State and local agencies.
(e) Enforcement period. This section
will be enforced from 2 p.m. through 7
p.m. on September 14, 2007.
Dated: August 9, 2007.
Austin J. Gould,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Baltimore, Maryland.
[FR Doc. E7–16630 Filed 8–22–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AM65
Disclosure of Information to Organ
Procurement Organizations
Department of Veterans Affairs.
Interim final rule.
AGENCY:
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ACTION:
SUMMARY: This document amends the
Department of Veterans Affairs (VA)
regulations to implement section 204 of
the Veterans Benefits, Health Care, and
Information Technology Act of 2006.
This regulatory change will provide
authority for VA to provide
individually-identifiable VA medical
records of veterans or dependents of
veterans who are deceased or whose
death is imminent to representatives of
organ procurement organizations
(OPOs) as defined in section 371(b) of
the Public Health Service Act (PHS Act),
eye banks, and tissue banks to
determine whether the patients are
suitable potential donors.
DATES: Effective Date: This interim final
rule is effective August 23, 2007.
Comments must be received by VA on
or before October 22, 2007.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to RIN 2900-
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AM65—‘‘Disclosure of Information to
Organ Procurement Organizations.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 273–9515 for an appointment.
In addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Stephania Putt, Veterans Health
Administration Privacy Officer, Office
of Information (19F2), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave., NW.,
Washington DC 20420, (727) 320–1839.
SUPPLEMENTARY INFORMATION: Organ
procurement organizations, eye banks,
and tissue banks in the United States
operate under specific statutory and
regulatory authority. The statutory
authority is contained in specific
provisions of the Social Security Act
(Act) and the PHS Act.
As noted in the preface to the 1988
edition of the United States Code,
because title 42, United States Code
(USC), has not been enacted into
positive law, the provisions in title 42,
U.S.C., are prima facie evidence of the
laws rather than legal evidence of the
laws. Consequently, the Secretary of
Health and Human Services (HHS)
generally uses and refers to the
provisions of the Act and the PHS Act
rather than the provisions as codified in
title 42, U.S.C., when implementing the
provisions of those laws in regulations.
e.g., 21 CFR 1271.1, 1271.10. Congress
enacted title 38, U.S.C., into positive
law, (Pub. L. 85–857 (1958) and
reorganized and renumbered in Pub. L.
102–40 and 102–83 (1991)); as a result,
the provisions of title 38 as published
are legal evidence of the laws contained
therein. People who deal with the VA
are accustomed to using the section
numbering in title 38, U.S.C., as
published.
Because VA cites the code sections
contained in title 38 and HHS cites the
sections of the public laws underlying
title 42, the VA will use the HHS
citation form for laws under its
responsibility, and title 38 section
numbers in the regulations. However,
for the convenience of the persons who
will interact with the VA in the course
of the VA’s implementation of these
regulations, the VA includes the title 42,
U.S.C., cross-reference for the
provisions of the Act and PHS Act when
first cited in the preamble and the rule.
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Section 1138(a) of the Act (42 U.S.C.
1320b-8(a)), requires all hospitals or
critical access hospitals to establish
written protocols for the identification
of potential organ donors, and for
referrals of potential donors to qualified
OPOs that meet the criteria of section
1138(b)(1)(A) of the Act. Section 1138(b)
provides that a qualified OPO: (1) Is
described in section 371(b) of the PHS
Act (42 U.S.C. 273(b)) that is operating
under a grant made under section 371(a)
of the PHS Act, or (2) has been certified
or recertified by the Secretary of Health
and Human Services (HHS Secretary)
within the previous two years, or four
years if the Secretary determines that
the organization’s past practices merits
such treatment as meeting the HHS
Secretary’s standards to be a qualified
OPO. The HHS Secretary shall designate
only one OPO for each service area as
provided in section 371(b)(1)(E) of the
PHS Act. The implementing regulations
are at 42 CFR 486.301-.348.
Ocular tissue and other tissues are
regulated by HHS under section 361 of
the PHS Act (42 U.S.C. 264). The
implementing regulations are in 21 CFR
part 1271. These regulations establish
the requirements for eye banks and
tissue banks.
Under these respective sets of
regulations, OPOs on the one hand and
eye banks and tissue banks on the other
hand are provided access by medical
facilities to the protected health
information of patients who are
deceased or whose death is imminent
without the prior written authorization
of the patients so that representatives of
the OPOs and eye banks and tissue
banks may determine whether the
patients may be suitable potential
donors.
The rule promulgated by HHS under
section 264 of the administrative
simplification provisions of the Health
Insurance Portability and
Accountability Act of 1996 (HIPAA)
(Pub. L. 104–191, 110 Stat. 1936, 2033–
34 (1996)) (commonly referred to as the
HIPAA Privacy Rule) provides express
authority at 45 CFR 164.512(h) for
disclosures of protected health
information by covered health care
providers to ‘‘OPOs, or other entities
engaged in the procurement, banking or
transplantation of organs, eyes, or tissue
for the purpose of facilitating organ, eye
or tissue donation and transplantation’’
conducted under the provisions of the
PHS Act and its implementing
regulations. Disclosures to eye banks
and tissue banks are authorized under
this language.
The Veterans Health Administration
(VHA) is a covered entity under the
HIPAA Privacy Rule for purposes of
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Rules and Regulations]
[Pages 48236-48239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16630]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD05-07-081]
RIN 1625-AA00
Safety Zone; Patapsco River, Northwest and Inner Harbors,
Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone upon
certain waters of the Patapsco River, Northwest Harbor, and Inner
Harbor during the movement of the historic sloop-of-war USS
CONSTELLATION. This action is necessary to provide for the safety of
life on navigable waters during the tow of the vessel from its berth at
the Inner Harbor in Baltimore, Maryland, to a
[[Page 48237]]
point on the Patapsco River near the Fort McHenry National Monument and
Historic Shrine in Baltimore, Maryland, and return. This action will
restrict vessel traffic in portions of the Patapsco River, Northwest
Harbor, and Inner Harbor during the event.
DATES: This rule is effective from 2 p.m. through 7 p.m. local time on
September 14, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-07-081 and are available for inspection or
copying at Commander, U. S. Coast Guard Sector Baltimore, 2401 Hawkins
Point Road, Building 70, Waterways Management Division, Baltimore,
Maryland, 21226-1791 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) and (d)(3), the Coast Guard finds
that good cause exists for not publishing an NPRM and for making this
rule effective less than 30 days after publication in the Federal
Register. Publishing an NPRM and delaying its effective date would be
contrary to the public interest, because there is not sufficient time
to publish a proposed rule in advance of the event and for safety
concerns, it is in the public interest to have a safety zone in place
for the event, since immediate action is needed to protect persons and
vessels against the potential hazards associated with the towing and
turn-around of the historic sloop-of-war USS CONSTELLATION, such as
collisions with other vessels operating in the confined waterways.
Background and Purpose
The USS CONSTELLATION Museum is planning to conduct a ``turn-
around'' ceremony involving the sloop-of-war USS CONSTELLATION in
Baltimore, Maryland on Friday, September 14, 2007. Planned events
include a three-hour, round-trip tow of the CONSTELLATION in the Port
of Baltimore, with an onboard salute with navy pattern cannon while the
historic vessel is positioned off Fort McHenry National Monument and
Historic Site. The historic Sloop-of-War USS CONSTELLATION will be
towed ``dead ship,'' which means that the vessel will be underway
without the benefit of mechanical or sail propulsion. The return dead
ship tow of the CONSTELLATION to its berth in the Inner Harbor is
expected to occur immediately upon execution of a tug-assisted turn-
around of the CONSTELLATION on the Patapsco River near Fort McHenry.
The Coast Guard anticipates a large recreational boating fleet during
this event, scheduled on a late Friday afternoon during the summer in
Baltimore, Maryland. Operators should expect significant vessel
congestion along the planned route.
The purpose of this rule is to promote maritime safety and protect
participants and the boating public in the Port of Baltimore
immediately prior to, during, and after the scheduled event. The rule
will provide for a clear transit route for the participating vessels,
and provide a safety buffer around the participating vessels while they
are in transit. The rule will impact the movement of all vessels
operating upon certain waters of the Patapsco River, Northwest Harbor
and Inner Harbor.
Discussion of Rule
The Coast Guard is establishing a temporary moving safety zone on
all waters within 200 yards ahead of or 100 yards outboard or aft of
the historic Sloop-of-War USS CONSTELLATION, surface to bottom, while
operating in the Inner Harbor, the Northwest Harbor and the Patapsco
River, at Baltimore, Maryland. The temporary safety zone will be
enforced from 2 p.m. to 7 p.m. on September 14, 2007. The effect will
be to restrict general navigation in the area during the event. With
the exception of USS CONSTELLATION ``turn-around'' participants, no
person or vessel may enter or remain in the safety zone. Vessels will
be allowed to transit the waters of the Inner Harbor, the Northwest
Harbor and the Patapsco River outside the safety zone. This safety zone
is needed to control vessel traffic during the event to enhance the
safety of transiting vessels.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule prevents traffic from transiting a portion of
the Inner Harbor, the Northwest Harbor, and the Patapsco River during
the towing and turn-around of the historic sloop-of-war USS
CONSTELLATION, the effect of this rule will not be significant due to
the size and duration of the safety zone, and the extensive
notifications that will be made to the maritime community via marine
information broadcasts and local notices to mariners, so mariners can
adjust their plans accordingly. We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation under
the regulatory policies and procedures of DHS is unnecessary.
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 would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to operate, remain or anchor within certain waters of the Patapsco
River, Northwest Harbor and Inner Harbor, in Baltimore, Maryland, from
2 p.m. through 7 p.m. on September 14, 2007. Because the zone is of
limited size and duration, it is expected that there will be minimal
disruption to the maritime community. Before the effective period, the
Coast Guard will issue maritime advisories widely available to users of
the river and harbors to allow mariners to make alternative plans for
transiting the affected areas. In addition, smaller vessels not
constrained by their draft, which are more likely to be small entities,
may transit around the safety zone.
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. However,
we received no requests for assistance from any small entities.
[[Page 48238]]
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.
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 safety 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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T05-081 to read as follows:
Sec. 165.T05-081 Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.
(a) Definitions. For the purposes of this section:
(1) Captain of the Port, Baltimore, Maryland means the Commander,
Coast Guard Sector Baltimore 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 or her behalf.
(2) USS CONSTELLATION ``turn-around'' participants means the USS
CONSTELLATION, its support craft, and the accompanying towing vessels.
(b) Location. The following area is a moving safety zone: All
waters within 200 yards ahead of or 100 yards outboard or aft of the
historic Sloop-of-War USS CONSTELLATION, surface to bottom, while
operating in the Inner Harbor, the Northwest Harbor, and the Patapsco
River.
(c) Regulations:
(1) The general regulations governing safety zones, found in Sec.
165.23, apply to the safety zone described in paragraph (b) of this
section.
(2) With the exception of USS CONSTELLATION ``turn-around''
participants, entry into or remaining in this zone is prohibited,
unless authorized by the Captain of the Port, Baltimore, Maryland.
(3) Persons or vessels requiring entry into or passage through the
moving safety zone must first request authorization from the Captain of
the Port, Baltimore, Maryland to seek 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 Marine Band Radio VHF Channel 16 (156.8
MHz). Upon being
[[Page 48239]]
hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or
other means, the person or vessel shall proceed as directed. If
permission is granted, all persons or vessels must comply with the
instructions of the Captain of the Port, Baltimore, Maryland, and
proceed at the minimum speed necessary to maintain a safe course while
within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(e) Enforcement period. This section will be enforced from 2 p.m.
through 7 p.m. on September 14, 2007.
Dated: August 9, 2007.
Austin J. Gould,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. E7-16630 Filed 8-22-07; 8:45 am]
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