Safety Zone: Christmas Holiday Boat Parade and Fireworks, Appomattox River, Hopewell, VA, 56972-56974 [E7-19676]

Download as PDF 56972 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules (e) An indication if TCAS II or ACAS is installed and operating in a mode that can generate resolution advisory alerts; (f) If an operable TCAS II or ACAS is installed, an indication if a resolution advisory is in effect; (g) An indication if the flight crew has selected to receive ATC services; (h) An indication of the Mode 3/A transponder code specified by ATC; (i) An indication of the aircraft’s call sign that is submitted on the flight plan, or the aircraft’s registration number; (j) An indication if the flight crew has identified an emergency and if so, the emergency status being transmitted; (k) An indication of the aircraft’s ‘‘IDENT’’ to ATC; (l) An indication of the aircraft assigned ICAO 24-bit address; (m) An indication of the aircraft’s emitter category; (n) An indication whether a cockpit display of traffic information (CDTI) is installed and operable; and (o) An indication of the aircraft’s geometric altitude. Section 5. ADS–B Latency Requirements (a) Upon receipt of the information by the aircraft antenna(s), the navigation position sensor must process the information in less than 0.5 seconds. (b) The processed information from the navigation position sensor must be transmitted in the ADS–B Out message in less than 1.0 second. (c) The aircraft must transmit its position and velocity at least once per second while airborne or while moving on the airport surface. (d) The aircraft must transmit its position at least once every 5 seconds while stationary on the airport surface. Issued in Washington, DC, on October 1, 2007. Michael A. Cirillo, Vice President, System Operations Services. Rick Day, Vice President, En Route and Oceanic Services. in the vicinity of Hopewell, VA centered on position 37–19.18′ N/077–16.93′ W (NAD 1983) in support of the Christmas Holiday Boat Parade and Fireworks Event. This action is intended to restrict vessel traffic on the Appomattox River as necessary to protect mariners from the hazards associated with fireworks displays. Comments and related material must reach the Coast Guard on or before November 5, 2007. ADDRESSES: You may mail comments and related material to Commander, Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th Floor, Attn: Lieutenant Junior Grade TaQuitia Winn, Norfolk, VA 23510. Sector Hampton Roads 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 Norfolk Federal Building between 9 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade TaQuitia Winn, Assistant Chief, Waterways Management Division, Sector Hampton Roads at (757) 668–5580. SUPPLEMENTARY INFORMATION: DATES: Request for Comments 33 CFR Part 165 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, CGD05–07–092, and 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. [CCGD05–07–092] Public Meeting RIN 1625–AA00 We do not plan to hold a public meeting, but you may submit a request for a meeting by writing to the Commander, Sector Hampton Roads 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. [FR Doc. 07–4938 Filed 10–2–07; 9:08 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY yshivers on PROD1PC62 with PROPOSALS Coast Guard Safety Zone: Christmas Holiday Boat Parade and Fireworks, Appomattox River, Hopewell, VA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish a 600 foot radius safety zone VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Background and Purpose On December 1, 2007, the Christmas Holiday Boat Parade and Fireworks event will be held on the Appomattox River in Hopewell, VA. Due to the need to protect mariners and spectators from the hazards associated with the fireworks display, vessel traffic will be temporarily restricted within 600 feet of the display. Discussion of Proposed Rule The Coast Guard proposes to establish a 600 foot radius safety zone on specified waters of the Appomattox River in the vicinity of Hopewell, VA centered on position 37–19.18′ N/077– 16.93′ W (NAD 1983). This regulated area will be established in the interest of public safety during the Christmas Holiday Boat Parade and Fireworks event and will be enforced from 6 p.m. on December 1, 2007 to 8 p.m. on December 2, 2007. General navigation in the safety zone will be restricted during the event. Except for participants and vessels authorized by the Captain of the Port or his designated Coast Guard Representative on scene, 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 proposed regulation would restrict access to the regulated area, the effect of this rule will not be significant because: (i) The safety zone will be in effect for a limited duration of time; and, (ii) the Coast Guard will provide 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. E:\FR\FM\05OCP1.SGM 05OCP1 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules 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 because the zone will only be in place for a limited duration of time and maritime advisories will be issued allowing the mariners to adjust their plans accordingly. However, this rule may 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 the Appomattox River between 6 p.m. on December 1, 2007 to 8 p.m. on December 2, 2007. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 Lieutenant Junior Grade TaQuitia Winn, Assistant Chief, Waterways Management Division, Sector Hampton Roads at (757) 668– 5580. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. yshivers on PROD1PC62 with PROPOSALS 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 VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 56973 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 this action is not likely to have a significant effect on the human environment. Draft documentation supporting this preliminary determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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 proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05–092, to read as follows: I E:\FR\FM\05OCP1.SGM 05OCP1 56974 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules § 165.T05–092 Safety Zone: Christmas Holiday Boat Parade and Fireworks, Appomattox River, Hopewell, VA. (a) Location. The following area is a safety zone: All waters, from bottom to surface, within 600 feet of position 37– 19.18′ N/077–16.93′ W (NAD 1983) in the vicinity of Hopewell, VA on the Appomattox River. (b) Definition: Captain of the Port Representative means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Hampton Roads, Virginia to act on his behalf. (c) Regulations: (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, Hampton Roads or his designated representatives. (2) The operator of any vessel in the immediate vicinity of this safety zone must: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (ii) Proceed as directed by any commissioned, warrant or petty officer on shore or on board a vessel that is displaying a U.S. Coast Guard Ensign. (3) The Captain of the Port, Hampton Roads and the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia can be contacted at telephone Number (757) 668–5555 or (757) 484– 8192. (4) The Coast Guard Representatives enforcing the safety zone can be contacted on VHF–FM 13 and 16. (d) Effective date: This regulation is effective from 6 p.m. on December 1, 2007 to 8 p.m. on December 2, 2007. Dated: September 18, 2007. Patrick B. Trapp, Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads. [FR Doc. E7–19676 Filed 10–4–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 yshivers on PROD1PC62 with PROPOSALS [EPA–R04–OAR–2007–0423–200743(b); FRL–8475–5] Approval of Implementation Plans; North Carolina: Clean Air Interstate Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: VerDate Aug<31>2005 15:24 Oct 04, 2007 Jkt 214001 SUMMARY: EPA is proposing to approve revisions to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental and Natural Resources on August 7, 2006. These revisions will incorporate provisions related to the implementation of EPA’s Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006, and the CAIR Federal Implementation Plan (FIP) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for the State of North Carolina, promulgated on April 28, 2006, and subsequently revised December 13, 2006. EPA is not proposing to make any changes to the CAIR FIP, but is proposing to amend, to the extent EPA approves North Carolina’s SIP revisions, the appropriate appendices in the CAIR FIP trading rules simply to note that approval. On July 3, 2007, North Carolina requested that EPA only act on a portion of the August 7, 2006, submittal as an abbreviated SIP. Consequently, EPA is proposing to approve the abbreviated SIP revisions that address the methodology to be used to allocate annual and ozone season NOX allowances to existing and new units under the CAIR FIPs and CAIR FIP optin provisions. This action is being taken pursuant to section 110 of the Clean Air Act. The intended effect of these revisions is to clarify certain provisions and to ensure consistency with the requirements of the CAA. In the Final Rules Section of this Federal Register, the EPA is approving the State’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. OAR–2007–0423, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: ward.nacosta@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: EPA–R04–OAR–2007–0423, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9140. Ms. Ward can also be reached via electronic mail at ward.nacosta@epa.gov. For additional information see the direct final rule which is published in the Rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: September 21, 2007. J.I. Palmer, Jr., Regional Administrator, Region 4. [FR Doc. E7–19318 Filed 10–4–07; 8:45 am] BILLING CODE 6560–50–P Written comments must be received on or before November 5, 2007. DATES: Submit your comments, identified by Docket ID No. EPA–R04– ADDRESSES: PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\05OCP1.SGM 05OCP1

Agencies

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Proposed Rules]
[Pages 56972-56974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19676]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CCGD05-07-092]
RIN 1625-AA00


Safety Zone: Christmas Holiday Boat Parade and Fireworks, 
Appomattox River, Hopewell, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a 600 foot radius safety 
zone in the vicinity of Hopewell, VA centered on position 37-19.18' N/
077-16.93' W (NAD 1983) in support of the Christmas Holiday Boat Parade 
and Fireworks Event. This action is intended to restrict vessel traffic 
on the Appomattox River as necessary to protect mariners from the 
hazards associated with fireworks displays.

DATES: Comments and related material must reach the Coast Guard on or 
before November 5, 2007.

ADDRESSES: You may mail comments and related material to Commander, 
Sector Hampton Roads, Norfolk Federal Building, 200 Granby St., 7th 
Floor, Attn: Lieutenant Junior Grade TaQuitia Winn, Norfolk, VA 23510. 
Sector Hampton Roads 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 Norfolk Federal Building between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade TaQuitia Winn, 
Assistant Chief, Waterways Management Division, Sector Hampton Roads at 
(757) 668-5580.

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-
092, and 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 plan to hold a public meeting, but you may submit a 
request for a meeting by writing to the Commander, Sector Hampton Roads 
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 December 1, 2007, the Christmas Holiday Boat Parade and 
Fireworks event will be held on the Appomattox River in Hopewell, VA. 
Due to the need to protect mariners and spectators from the hazards 
associated with the fireworks display, vessel traffic will be 
temporarily restricted within 600 feet of the display.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a 600 foot radius safety zone 
on specified waters of the Appomattox River in the vicinity of 
Hopewell, VA centered on position 37-19.18' N/077-16.93' W (NAD 1983). 
This regulated area will be established in the interest of public 
safety during the Christmas Holiday Boat Parade and Fireworks event and 
will be enforced from 6 p.m. on December 1, 2007 to 8 p.m. on December 
2, 2007. General navigation in the safety zone will be restricted 
during the event. Except for participants and vessels authorized by the 
Captain of the Port or his designated Coast Guard Representative on 
scene, 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 proposed regulation 
would restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) The safety zone will be in effect 
for a limited duration of time; and, (ii) the Coast Guard will provide 
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.

[[Page 56973]]

    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 because the zone will only be in place for a 
limited duration of time and maritime advisories will be issued 
allowing the mariners to adjust their plans accordingly. However, this 
rule may 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 the Appomattox River between 6 p.m. on 
December 1, 2007 to 8 p.m. on December 2, 2007.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 Lieutenant Junior Grade TaQuitia 
Winn, Assistant Chief, Waterways Management Division, Sector Hampton 
Roads at (757) 668-5580. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed 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 this action is not likely to 
have a significant effect on the human environment. Draft documentation 
supporting this preliminary determination is available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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 proposes to 
amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T05-092, to read as follows:

[[Page 56974]]

Sec.  165.T05-092  Safety Zone: Christmas Holiday Boat Parade and 
Fireworks, Appomattox River, Hopewell, VA.

    (a) Location. The following area is a safety zone: All waters, from 
bottom to surface, within 600 feet of position 37-19.18' N/077-16.93' W 
(NAD 1983) in the vicinity of Hopewell, VA on the Appomattox River.
    (b) Definition: Captain of the Port Representative means any U.S. 
Coast Guard commissioned, warrant or petty officer who has been 
authorized by the Captain of the Port, Hampton Roads, Virginia to act 
on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone must:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads and the Sector Duty 
Officer at Sector Hampton Roads in Portsmouth, Virginia can be 
contacted at telephone Number (757) 668-5555 or (757) 484-8192.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM 13 and 16.
    (d) Effective date: This regulation is effective from 6 p.m. on 
December 1, 2007 to 8 p.m. on December 2, 2007.

    Dated: September 18, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E7-19676 Filed 10-4-07; 8:45 am]
BILLING CODE 4910-15-P
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