Safety Zone: Holiday Flotilla Fireworks Display, Motts Channel/Banks Channel, Wrightsville Beach, NC, 52534-52536 [E7-18138]
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Proposed Rules
4. Amend § 2520.104b-30 to revise
paragraph (a) to read as follows:
§ 2520.104b-30
You may mail comments
and related material to Commander,
Sector North Carolina, 2301 East Fort
Macon Road, Atlantic Beach, NC 28512.
Sector North Carolina maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at the Federal
Building Fifth Coast Guard District
between 9 a.m. and 2 p.m., Monday
through Friday, except Federal
Holidays.
ADDRESSES:
Charges for documents.
(a) Application. The plan
administrator of an employee benefit
plan may impose a reasonable charge to
cover the cost of furnishing to
participants and beneficiaries upon
their written request as required under
section 104(b)(4) of the Act, copies of
the following information, statements or
documents: The latest updated
summary plan description, and the
latest annual report, any terminal report,
the bargaining agreement, trust
agreement, contract, or other
instruments under which the plan is
established or operated. Except where
explicitly permitted under the Act, no
charge may be assessed for furnishing
information, statements or documents as
required by other provisions of the Act,
which include, in part 1 of title I,
sections 104(b)(1), (2), (3) and (c) and
105(a) and (c).
*
*
*
*
*
Signed at Washington, DC, this 7th day of
September, 2007.
Bradford P. Campbell,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. E7–18073 Filed 9–13–07; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
FOR FURTHER INFORMATION CONTACT:
MSTC Todd C. Mann, Marine
Environmental Response Branch, Coast
Guard Marine Safety Unit, Wilmington,
North Carolina at (910) 772–2216.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking CGD05–07–088,
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
[Docket No. CGD05–07–088]
Public Meeting
RIN 1625–AA00
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander,
Sector North Carolina at the address
under ADDRESSES explaining why one
would be beneficial. If we determine
that one would aid this rulemaking, we
will hold one at a time and place
announced by a later notice in the
Federal Register.
Safety Zone: Holiday Flotilla Fireworks
Display, Motts Channel/Banks
Channel, Wrightsville Beach, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
rmajette on PROD1PC64 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes the
establishment of a 1000 foot safety zone
around a fireworks display for the North
Carolina Holiday Flotilla occurring on
November 24, 2007, in the vicinity of
Motts Channel/Banks Channel and
Wrightsville Beach, NC. This action is
intended to restrict vessel traffic on
Motts Channel. This safety zone is
necessary to protect mariners from the
hazards associated with fireworks
displays.
DATES: Comments and related material
must reach the Coast Guard on or before
October 10, 2007.
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Jkt 211001
Background and Purpose
On November 24, 2007, the North
Carolina Holiday Flotilla fireworks
display will be held adjacent to Motts
Channel/Banks Channel, Wrightsville
Beach, NC. Spectators will be observing
from both the shore and from vessels.
Due to the need of protection of
mariners and spectators from the
hazards associated with the fireworks
display, vessel traffic will be
temporarily restricted.
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Discussion of Proposed Rule
The Coast Guard is establishing a
safety zone on specified waters of Motts
Channel. The regulated area will consist
of a 1000 foot safety zone around Bird
Island position 34–12–42N 077–48–26W
south of the Seapath Yacht Club,
Wrightsville Beach, NC. The safety zone
will be enforced from 6 p.m. to 8 p.m.
on November 24, 2007. General
navigation in the safety zone will be
restricted during the event. Except for
participants and vessels authorized by
the Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
Regulatory Evaluation
This proposed 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 proposed rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this regulation restricts
access to the regulated area, the effect of
this rule will not be significant because:
(i) The COTP may authorize access to
the safety zone; (ii) the safety zone will
be in effect for a limited duration; and
(iii) the Coast Guard will make
notifications via maritime advisories so
mariners can adjust their plans
accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would 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 and operators of
vessels intending to transit or anchor in
that portion of Motts Channel/Banks
Channel from 6 p.m. to 8 p.m. on
November 24, 2007. The safety zone
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Proposed Rules
will not have a significant impact on a
substantial number of small entities,
because the zone will only be in place
for a few hours and maritime advisories
will be issued, so the mariners can
adjust their plans accordingly. If you
think that your business, organization,
or governmental jurisdiction qualifies as
a small entity and that this rule would
have a significant economic impact on
it, please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact MSTC Todd
C. Mann, Marine Environmental
Response Branch, Coast Guard Marine
Safety Unit Wilmington, North Carolina
at (910) 772–2216.
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 proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
rmajette on PROD1PC64 with PROPOSALS
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 proposed 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 proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
VerDate Aug<31>2005
15:28 Sep 13, 2007
Jkt 211001
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed 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
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52535
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination
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, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make a
final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 subpart C as
follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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
2. Add temporary § 165.T05–088, to
read as follows:
§ 165.T05–088 Safety Zone: Motts
Channel/Banks Channel, Wrightsville
Beach, North Carolina.
(a) Location. The following area is a
safety zone: All waters of Motts
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Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Proposed Rules
Channel/Banks Channel within 1000
feet of Bird Island at Wrightsville Beach,
NC, approximate position 34–12–42N
077–48–26W in the Captain of the Port
Sector North Carolina zone as defined in
33 CFR 3.25–20.
(b) Definition: Captain of the Port:
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Sector North Carolina to act
on his behalf.
(c) Regulation: (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Sector North Carolina, or
designated representative.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall: (i) Stop the vessel immediately
upon being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a U.S.
Coast Guard Ensign.
(3) The Captain of the Port, Sector
North Carolina can be contacted at
telephone number (252) 247–4570 or
(252) 247–4571.
(4) Coast Guard vessels enforcing the
safety zone can be contacted on VHF–
FM marine band radio, channel 13
(156.65 MHz) and channel 16 (156.8
MHz).
(d) Enforcement period: This
regulation will be enforced from 6 p.m.
to 8 p.m. on November 24, 2007.
Dated: September 4, 2007.
William D. Lee,
Captain, U.S. Coast Guard, Sector North
Carolina.
[FR Doc. E7–18138 Filed 9–13–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 229, 232, and 238
[Docket No. FRA–2006–26175, Notice No.
2]
rmajette on PROD1PC64 with PROPOSALS
RIN 2130–AB84
Electronically Controlled Pneumatic
Brake Systems
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of public hearings and
technical conference.
AGENCY:
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15:28 Sep 13, 2007
Jkt 211001
SUMMARY: By notice of proposed
rulemaking (NPRM) published on
September 4, 2007 (71 FR 50820), FRA
proposed revisions to the regulations
governing the power braking systems
and equipment used in freight and other
non-passenger railroad train operations.
The proposed revisions are intended to
permit and promote the implementation
of electronically controlled pneumatic
(ECP) brake systems in a safe and
effective manner. In that proposed rule,
FRA stated that it would hold an oral
public hearing on a date to be
announced in a forthcoming notice, at
which the Administrator or his
delegated representative may preside.
This document announces public
hearings and a technical roundtable
discussion.
DATES: (1) Public Hearings: Two public
hearings will be held on the dates and
at the locations listed below to provide
interested parties the opportunity to
comment on the proposed revisions
contained in the NPRM. A technical
roundtable will be held in conjunction
with the second hearing. The dates of
the public hearings are as follows:
Thursday, October 4, 2007, at 9:30 a.m.
in Washington, DC.
Friday, October 19, 2007, at 8:30 a.m. in
the Chicago, Illinois area.
(2) Technical Roundtable: A technical
roundtable will be held on Friday,
October 19, 2007, directly following the
public hearing scheduled for that day.
The technical roundtable is intended to
provide interested parties the
opportunity to comment on the
proposed revisions contained in the
NPRM and to provide interested parties
the ability to specifically discuss
various technical issues related to the
implementation and operation of ECP
brake systems.
ADDRESSES: (1) Public Hearings:
Hearings to provide interested parties
the opportunity to comment on the
proposed revisions contained in the
NPRM will be held at these locations:
Washington, DC: Washington Plaza
Hotel, 10 Thomas Circle, NW.,
Washington, DC 20005.
Chicago, IL area: Crowne Plaza
Chicago O’Hare, 5440 North River Road,
Rosemont, IL 60018.
(2) Technical Roundtable: A technical
conference will be conducted in the
Chicago, Illinois at: Crowne Plaza
Chicago O’Hare, 5440 North River Road,
Rosemont, IL 60018. See
SUPPLEMENTARY INFORMATION section for
details.
(3) Docket Clerk: Written notification
should identify the docket number and
must be submitted to the FRA Docket
Clerk, Office of Chief Counsel, Federal
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Railroad Administration, 1120 Vermont
Avenue, NW., RCC–10, Stop 10,
Washington, DC 20590 or faxed to (202)
493–6068.
FOR FURTHER INFORMATION, CONTACT:
James Wilson, Office of Safety
Assurance and Compliance, Motive
Power and Equipment Division, RRS–
14, Mail Stop 25, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone
202–493–6259); or Jason Schlosberg,
Trial Attorney, Office of Chief Counsel,
Mail Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone
202–493–6032).
SUPPLEMENTARY INFORMATION: Interested
parties are invited to present oral
statements and proffer evidence at the
hearings. The hearings will be informal
and will be conducted by a
representative designated by FRA in
accordance with FRA’s Rules of Practice
(49 CFR 211.25). The hearings will be
non-adversarial proceedings; therefore,
there will be no cross examination of
persons presenting statements or
proffering evidence. An FRA
representative will make an opening
statement outlining the scope of the
hearing. After all initial statements have
been completed, those persons wishing
to make a brief rebuttal will be given the
opportunity to do so in the same order
in which the initial statements were
made. Additional procedures, as
necessary for the conduct of the hearing,
will be announced at the hearing.
The purpose of the hearings is to
receive oral comments regarding the
specific provisions contained in the
proposed rule and to receive evidence
and to develop findings to determine
whether FRA should invoke its
discretionary authority under 49 U.S.C.
20306 to exempt application of section
20303 as it applies to freight trains and
freight cars operating with ECP brake
systems. Section 20303 requires
operators to transport rail vehicles with
defective or insecure equipment ‘‘from
the place at which the defect or
insecurity was first discovered to the
nearest available place at which the
repairs can be made’’ to avoid incurring
civil penalties related to such
movement. FRA would be authorized to
grant relief from section 20303 only if it
were to make findings required by
section 20306. That section is
reproduced here for ready reference:
Section 20306. Exemption for Technological
Improvements
(a) General.—Subject to subsection (b) of
this section, the Secretary of Transportation
may exempt from the requirements of this
chapter railroad equipment or equipment
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]]>Agencies
[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Proposed Rules]
[Pages 52534-52536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18138]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. CGD05-07-088]
RIN 1625-AA00
Safety Zone: Holiday Flotilla Fireworks Display, Motts Channel/
Banks Channel, Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes the establishment of a 1000 foot
safety zone around a fireworks display for the North Carolina Holiday
Flotilla occurring on November 24, 2007, in the vicinity of Motts
Channel/Banks Channel and Wrightsville Beach, NC. This action is
intended to restrict vessel traffic on Motts Channel. This safety zone
is necessary to protect mariners from the hazards associated with
fireworks displays.
DATES: Comments and related material must reach the Coast Guard on or
before October 10, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, NC
28512. Sector North Carolina maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at the Federal Building Fifth Coast Guard District between 9
a.m. and 2 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: MSTC Todd C. Mann, Marine
Environmental Response Branch, Coast Guard Marine Safety Unit,
Wilmington, North Carolina at (910) 772-2216.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-07-
088, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Sector North Carolina at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
On November 24, 2007, the North Carolina Holiday Flotilla fireworks
display will be held adjacent to Motts Channel/Banks Channel,
Wrightsville Beach, NC. Spectators will be observing from both the
shore and from vessels. Due to the need of protection of mariners and
spectators from the hazards associated with the fireworks display,
vessel traffic will be temporarily restricted.
Discussion of Proposed Rule
The Coast Guard is establishing a safety zone on specified waters
of Motts Channel. The regulated area will consist of a 1000 foot safety
zone around Bird Island position 34-12-42N 077-48-26W south of the
Seapath Yacht Club, Wrightsville Beach, NC. The safety zone will be
enforced from 6 p.m. to 8 p.m. on November 24, 2007. General navigation
in the safety zone will be restricted during the event. Except for
participants and vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area.
Regulatory Evaluation
This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation restricts access to the regulated area,
the effect of this rule will not be significant because: (i) The COTP
may authorize access to the safety zone; (ii) the safety zone will be
in effect for a limited duration; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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 and operators of vessels intending to
transit or anchor in that portion of Motts Channel/Banks Channel from 6
p.m. to 8 p.m. on November 24, 2007. The safety zone
[[Page 52535]]
will not have a significant impact on a substantial number of small
entities, because the zone will only be in place for a few hours and
maritime advisories will be issued, so the mariners can adjust their
plans accordingly. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and how
and to what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MSTC Todd C. Mann, Marine
Environmental Response Branch, Coast Guard Marine Safety Unit
Wilmington, North Carolina at (910) 772-2216.
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 proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
made a preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make a final decision on whether to
categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 subpart C as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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
2. Add temporary Sec. 165.T05-088, to read as follows:
Sec. 165.T05-088 Safety Zone: Motts Channel/Banks Channel,
Wrightsville Beach, North Carolina.
(a) Location. The following area is a safety zone: All waters of
Motts
[[Page 52536]]
Channel/Banks Channel within 1000 feet of Bird Island at Wrightsville
Beach, NC, approximate position 34-12-42N 077-48-26W in the Captain of
the Port Sector North Carolina zone as defined in 33 CFR 3.25-20.
(b) Definition: Captain of the Port: means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port, Sector North Carolina to act on his behalf.
(c) Regulation: (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Sector North Carolina, or
designated representative.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall: (i) Stop the vessel immediately upon being directed
to do so by any commissioned, warrant or petty officer on board a
vessel displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Sector North Carolina can be contacted
at telephone number (252) 247-4570 or (252) 247-4571.
(4) Coast Guard vessels enforcing the safety zone can be contacted
on VHF-FM marine band radio, channel 13 (156.65 MHz) and channel 16
(156.8 MHz).
(d) Enforcement period: This regulation will be enforced from 6
p.m. to 8 p.m. on November 24, 2007.
Dated: September 4, 2007.
William D. Lee,
Captain, U.S. Coast Guard, Sector North Carolina.
[FR Doc. E7-18138 Filed 9-13-07; 8:45 am]
BILLING CODE 4910-15-P
