Security Zone; Waters Surrounding U.S. Forces Vessel SBX-1, HI, 48555-48557 [E7-16731]

Download as PDF Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Rules and Regulations election does not apply by reason of any provision of the Internal Revenue Code other than section 853(b), including, but not limited to, section 901(j), section 901(k), or section 901(l). (4) The date, form, and contents of the notice to its shareholders. (5) The proportionate share of creditable foreign taxes paid to each such foreign country or possession during the taxable year and foreign income received from sources within each such foreign country or possession during the taxable year attributable to one share of stock of the regulated investment company. (d) Time and manner of providing information. The information specified in paragraph (c) of this section must be provided at the time and in the manner prescribed by the Commissioner and, unless otherwise prescribed, must be provided on or with a modified Form 1118 ‘‘Foreign Tax Credit— Corporations’’ filed as part of the RIC’s timely filed Federal income tax return for the taxable year. (e) Effective/applicability date. This section is applicable for RIC taxable years ending on or after December 31, 2007. Notwithstanding the preceding sentence, for a taxable year that ends on or after December 31, 2007, and begins before August 24, 2007, a taxpayer may rely on this section as it was in effect on August 23, 2007. PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT I Par. 6. The authority citation for part 602 continues to read as follows: Authority: 26 U.S.C. 7805. Par. 7. In § 602.101, paragraph (b) is amended by revising the entries for 1.853–3 and 1.853–4 to read as follows: I § 602.101 * OMB Control numbers. * * (b) * * * * * rfrederick on PROD1PC67 with RULES CFR part or section where identified or described * * * 1.853–3 ................................. 1.853–4 ................................. * VerDate Aug<31>2005 * * 12:50 Aug 23, 2007 Current OMB control No. * * 1545–2035 1545–2035 * Jkt 211001 * Kevin M. Brown, Deputy Commissioner for Services and Enforcement. Approved: August 9, 2007. Karen G. Sowell, Deputy Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7–16737 Filed 8–23–07; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05–07–083] Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AICW), NC Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Onslow Beach Swing Bridge, at AICW mile 240.7, in Camp Lejeune, NC. This deviation allows the drawbridge to remain closed-to-navigation from 8 a.m. on September 11, 2007 until and including 8 a.m. on September 13, 2007, and from 8 a.m. on September 25, 2007 until and including 8 a.m. on September 27, 2007, to facilitate mechanical repairs. This deviation is effective from 8 a.m. on September 11, 2007 to 8 a.m. on September 27, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704–5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (757) 398–6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398–6422. SUPPLEMENTARY INFORMATION: The Onslow Beach Swing Bridge has a vertical clearance in the closed position to vessels of 12 feet, above mean high water. The U.S. Navy (the bridge owner) has requested a temporary deviation from DATES: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 48555 the current operating regulations set out in 33 CFR 117.821(a)(2) to close the drawbridge to navigation to facilitate hydraulic repairs on the northeast and southeast ends and the power components of bridge. To facilitate the mechanical repairs, the Onslow Beach Swing Bridge will be maintained in the closed-to-navigation position from 8 a.m. on Tuesday, September 11, 2007 until and including 8 a.m. on Thursday, September 13, 2007, and from 8 a.m. on Tuesday, September 25, 2007 until and including 8 a.m. on Thursday, September 27, 2007. The Coast Guard has informed the known commercial users of the waterway of the change to the regulations concerning this so that these vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: August 16, 2007. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E7–16727 Filed 8–23–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP Honolulu 07–005] RIN 1625–AA87 Security Zone; Waters Surrounding U.S. Forces Vessel SBX–1, HI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary 500-yard moving security zone around the U.S. Forces vessel SBX–1 during transit within the Honolulu Captain of the Port Zone. The security zone is necessary to protect the SBX–1 from hazards associated with vessels and persons approaching too close during transit. Entry of persons or vessels into this temporary security zone is prohibited unless authorized by the Captain of the Port (COTP). E:\FR\FM\24AUR1.SGM 24AUR1 48556 Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Rules and Regulations This rule is effective from 9 a.m. (HST) on August 1, 2007, through 11:59 p.m. (HST) on September 30, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [COTP Honolulu 07–005] and are available for inspection or copying at Coast Guard Sector Honolulu between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jasmin Parker, U.S. Coast Guard Sector Honolulu at (808) 842–2600. 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 was not given the final voyage plan in time to initiate full rulemaking, and the need for this temporary security zone was not determined until less than 30 days before the SBX–1 will require the zone’s protection. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the transit would occur before completion of the rulemaking process, thereby jeopardizing the security of the people and property associated with the operation. 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. The COTP finds this good cause to be the immediate need for a security zone to allay the waterborne security threats surrounding the SBX– 1’s transit. water to the ocean floor. The security zone moves with the SBX–1 while in transit. The security zone becomes fixed when the SBX–1 is anchored, positionkeeping, or moored. The SBX–1 is easy to recognize because it contains a large white object shaped like an egg supported by a platform that is larger than a football field. The platform in turn is supported by six pillars similar to those on large oil-drilling platforms. The general regulations governing security zones contained in 33 CFR 165.33 apply. Entry into, transit through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. The Captain of the Port will cause notice of the enforcement of the security zone described in this section to be made by broadcast notice to mariners. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce the zone. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the security zone is unnecessary or impractical for the purpose of maritime security. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Regulatory Evaluation On approximately August 1, 2007, the SBX–1 is scheduled to transit U.S. navigable waters in the Honolulu Captain of the Port Zone from Pearl Harbor, HI to sea for sea trials. The SBX–1 will be returning to Pearl Harbor, HI and departing again as needed for maintenance and logistical reasons. The Coast Guard is establishing this security zone to ensure the vessel’s protection during its transit(s). This rule is not a ‘‘significant regulatory action’’ under § 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under § 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This expectation is based on the limited duration of the zone, the limited geographic area affected by it, and its ability to move with the protected vessel. Discussion of Rule Small Entities This temporary security zone is effective from 9 a.m. (HST) on August 1, 2007, through 11:59 p.m. (HST) on September 30, 2007. It is located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70–10) and covers all U.S. navigable waters extending 500 yards in all directions from the U.S. Forces vessel SBX–1, from the surface of the Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule will 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 rfrederick on PROD1PC67 with RULES Background and Purpose VerDate Aug<31>2005 12:50 Aug 23, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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. We expect that there will be little or no impact to small entities due to the narrowly tailored scope of this security zone. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding this 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 either preempts State law or imposes 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 E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 72, No. 164 / Friday, August 24, 2007 / Rules and Regulations expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect 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. rfrederick on PROD1PC67 with RULES Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these VerDate Aug<31>2005 12:50 Aug 23, 2007 Jkt 211001 standards is 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, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, under figure 2–1, paragraph (34)(g) of the Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation because this rule establishes a security zone. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. List of Subjects 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(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. SBX–1. The security zone moves with the SBX–1 while it is in transit and becomes fixed when the SBX–1 is anchored, position-keeping, or moored. (b) Effective period. This section is effective from 9 a.m. (HST) on August 1, 2007, through 11:59 p.m. (HST) on September 30, 2007. (c) Regulations. The general regulations governing security zones contained in 33 CFR 165.33 apply. Entry into, transit through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. (d) Enforcement. The Coast Guard will begin enforcement of the security zone described in this section upon the SBX–1’s entry into U.S. navigable waters within the Honolulu Captain of the Port Zone. (e) Informational notice. The Captain of the Port of Honolulu will ensure notice of the enforcement of the security zone described in this section is communicated by broadcast notice to mariners. (f) Authority to enforce. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce this temporary security zone. (g) Waiver. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the security zone is unnecessary or impractical for the purpose of maritime security. (h) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: August 1, 2007. V.B. Atkins, Captain, U.S. Coast Guard, Captain of the Port, Honolulu. [FR Doc. E7–16731 Filed 8–23–07; 8:45 am] BILLING CODE 4910–15–P 2. Add temporary § 165.T14–156 to read as follows: I § 165.T14–156 Security Zone; Waters Surrounding U.S. Forces Vessel SBX–1, HI. (a) Location. The following area, in U.S. navigable waters within the Honolulu Captain of the Port Zone (See 33 CFR 3.70–10), from the surface of the water to the ocean floor, is a security zone: All waters extending 500 yards in all directions from U.S. Forces vessel PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 48557 E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Rules and Regulations]
[Pages 48555-48557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16731]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Honolulu 07-005]
RIN 1625-AA87


Security Zone; Waters Surrounding U.S. Forces Vessel SBX-1, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary 500-yard moving 
security zone around the U.S. Forces vessel SBX-1 during transit within 
the Honolulu Captain of the Port Zone. The security zone is necessary 
to protect the SBX-1 from hazards associated with vessels and persons 
approaching too close during transit. Entry of persons or vessels into 
this temporary security zone is prohibited unless authorized by the 
Captain of the Port (COTP).

[[Page 48556]]


DATES: This rule is effective from 9 a.m. (HST) on August 1, 2007, 
through 11:59 p.m. (HST) on September 30, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Honolulu 07-005] and are available 
for inspection or copying at Coast Guard Sector Honolulu between 7 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jasmin 
Parker, U.S. Coast Guard Sector Honolulu at (808) 842-2600.

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 was not given 
the final voyage plan in time to initiate full rulemaking, and the need 
for this temporary security zone was not determined until less than 30 
days before the SBX-1 will require the zone's protection. Publishing an 
NPRM and delaying the effective date would be contrary to the public 
interest since the transit would occur before completion of the 
rulemaking process, thereby jeopardizing the security of the people and 
property associated with the operation. 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. The COTP 
finds this good cause to be the immediate need for a security zone to 
allay the waterborne security threats surrounding the SBX-1's transit.

Background and Purpose

    On approximately August 1, 2007, the SBX-1 is scheduled to transit 
U.S. navigable waters in the Honolulu Captain of the Port Zone from 
Pearl Harbor, HI to sea for sea trials. The SBX-1 will be returning to 
Pearl Harbor, HI and departing again as needed for maintenance and 
logistical reasons. The Coast Guard is establishing this security zone 
to ensure the vessel's protection during its transit(s).

Discussion of Rule

    This temporary security zone is effective from 9 a.m. (HST) on 
August 1, 2007, through 11:59 p.m. (HST) on September 30, 2007. It is 
located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-
10) and covers all U.S. navigable waters extending 500 yards in all 
directions from the U.S. Forces vessel SBX-1, from the surface of the 
water to the ocean floor. The security zone moves with the SBX-1 while 
in transit. The security zone becomes fixed when the SBX-1 is anchored, 
position-keeping, or moored.
    The SBX-1 is easy to recognize because it contains a large white 
object shaped like an egg supported by a platform that is larger than a 
football field. The platform in turn is supported by six pillars 
similar to those on large oil-drilling platforms.
    The general regulations governing security zones contained in 33 
CFR 165.33 apply. Entry into, transit through, or anchoring within this 
zone is prohibited unless authorized by the Captain of the Port or a 
designated representative thereof. The Captain of the Port will cause 
notice of the enforcement of the security zone described in this 
section to be made by broadcast notice to mariners. Any Coast Guard 
commissioned, warrant, or petty officer, and any other Captain of the 
Port representative permitted by law, may enforce the zone. The Captain 
of the Port may waive any of the requirements of this rule for any 
person, vessel, or class of vessel upon finding that application of the 
security zone is unnecessary or impractical for the purpose of maritime 
security. Vessels or persons violating this rule are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under Sec.  
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under Sec.  
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
limited duration of the zone, the limited geographic area affected by 
it, and its ability to move with the protected vessel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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. We expect that there will be little or no impact to small 
entities due to the narrowly tailored scope of this security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding this 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 either preempts State law or imposes 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

[[Page 48557]]

expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This rule will not affect 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 is 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, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, under figure 2-1, paragraph (34)(g) of the Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because this rule establishes a security 
zone. A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects 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(g), 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.T14-156 to read as follows:


Sec.  165.T14-156  Security Zone; Waters Surrounding U.S. Forces Vessel 
SBX-1, HI.

    (a) Location. The following area, in U.S. navigable waters within 
the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10), from the 
surface of the water to the ocean floor, is a security zone: All waters 
extending 500 yards in all directions from U.S. Forces vessel SBX-1. 
The security zone moves with the SBX-1 while it is in transit and 
becomes fixed when the SBX-1 is anchored, position-keeping, or moored.
    (b) Effective period. This section is effective from 9 a.m. (HST) 
on August 1, 2007, through 11:59 p.m. (HST) on September 30, 2007.
    (c) Regulations. The general regulations governing security zones 
contained in 33 CFR 165.33 apply. Entry into, transit through, or 
anchoring within this zone is prohibited unless authorized by the 
Captain of the Port or a designated representative thereof.
    (d) Enforcement. The Coast Guard will begin enforcement of the 
security zone described in this section upon the SBX-1's entry into 
U.S. navigable waters within the Honolulu Captain of the Port Zone.
    (e) Informational notice. The Captain of the Port of Honolulu will 
ensure notice of the enforcement of the security zone described in this 
section is communicated by broadcast notice to mariners.
    (f) Authority to enforce. Any Coast Guard commissioned, warrant, or 
petty officer, and any other Captain of the Port representative 
permitted by law, may enforce this temporary security zone.
    (g) Waiver. The Captain of the Port may waive any of the 
requirements of this rule for any person, vessel, or class of vessel 
upon finding that application of the security zone is unnecessary or 
impractical for the purpose of maritime security.
    (h) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: August 1, 2007.
V.B. Atkins,
Captain, U.S. Coast Guard, Captain of the Port, Honolulu.
 [FR Doc. E7-16731 Filed 8-23-07; 8:45 am]
BILLING CODE 4910-15-P

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