Safety Zone; Monthly Biscayne Bay Yacht Racing Association Cruising Races, Biscayne Bay, Miami, FL, 57200-57202 [E7-19744]
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57200
Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
MD 20852, between 9 a.m. and 4 p.m.,
Monday through Friday.
AQUAFLOR-CA1 in the dosage form
and for the intended uses conditionally
approved by FDA under application
number 141–259 qualifies for 7 years of
exclusive marketing rights beginning on
the date of approval. This new animal
drug qualifies for exclusive marketing
rights under section 573(c) of the act (21
U.S.C. 360ccc-2(c)) because it has been
declared a designated new animal drug
by FDA under section 573(a) of the act.
FDA has determined under 21 CFR
25.33(d)(4) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects
21 CFR Part 516
Administrative practice and
procedure, Animal drugs, Confidential
business information, Reporting and
recordkeeping requirements.
21 CFR Part 556
Animal drugs, Foods.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR parts 516 and 556 are amended as
follows:
I
PART 516—NEW ANIMAL DRUGS FOR
MINOR USE AND MINOR SPECIES
1. The authority citation for 21 CFR
part 516 continues to read as follows:
I
4. In § 556.283, revise paragraph (c) to
read as follows:
Subpart E—Conditionally Approved
New Animal Drugs For Minor Use and
Minor Species
mstockstill on PROD1PC66 with RULES
Florfenicol.
(a) Specifications. Type A medicated
article containing 500 grams (g)
florfenicol per kilogram.
(b) Sponsor. See No. 000061 in
§ 510.600(c) of this chapter.
(c) Special considerations. Labeling
shall bear the following: ‘‘Conditionally
approved by FDA pending a full
demonstration of effectiveness under
application number 141–259. Extra-
VerDate Aug<31>2005
16:15 Oct 05, 2007
Jkt 214001
3. The authority citation for 21 CFR
part 556 continues to read as follows:
I
I
2. Add subpart E to read as follows:
§ 516.1215
PART 556—TOLERANCES FOR
RESIDUES OF NEW ANIMAL DRUGS
IN FOOD
Authority: 21 U.S.C. 342, 360b, 371.
Authority: 21 U.S.C. 360ccc–2, 371.
I
label use of this drug in or on animal
feed is strictly prohibited.’’
(d) Related tolerances. See § 556.283
of this chapter.
(e) Conditions of use—(1) Catfish—(i)
Amount. Feed 182 to 1816 g florfenicol
per ton of feed as a sole ration for 10
consecutive days to deliver 10
milligrams florfenicol per kilogram of
fish.
(ii) Indications for use. For the control
of mortality due to columnaris disease
associated with Flavobacterium
columnare.
(iii) Limitations. Feed containing
florfenicol shall not be fed to catfish for
more than 10 days. Following
administration, fish should be
reevaluated by a licensed veterinarian
before initiating a further course of
therapy. A dose-related decrease in
hematopoietic/lymphopoietic tissue
may occur. The time required for
hematopoietic/lymphopoietic tissues to
regenerate was not evaluated. The
effects of florfenicol on reproductive
performance have not been determined.
Feeds containing florfenicol must be
withdrawn 12 days prior to slaughter.
Federal law limits this drug to use
under the professional supervision of a
licensed veterinarian. The expiration
date of veterinary feed directives (VFDs)
for florfenicol must not exceed 15 days
from the date of prescribing. VFDs for
florfenicol shall not be refilled. See
§ 558.6 of this chapter for additional
requirements.
(2) [Reserved]
§ 556.283
Florfenicol.
*
*
*
*
*
(c) Related conditions of use. See
§§ 516.1215, 520.955, 522.955, and
558.261 of this chapter.
Dated: September 27, 2007.
Bernadette Dunham,
Deputy Director, Center for Veterinary
Medicine.
[FR Doc. E7–19853 Filed 10–5–07; 8:45 am]
BILLING CODE 4160–01–S
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP MIAMI 07–142]
RIN 1625–AA00
Safety Zone; Monthly Biscayne Bay
Yacht Racing Association Cruising
Races, Biscayne Bay, Miami, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the Monthly Biscayne Bay Yacht Racing
Association (BBYRA) Cruising Races,
which will temporarily limit the
movement of non-participant vessels in
Biscayne Bay near Miami, FL. This
temporary safety zone is intended to
restrict vessels from entering the waters
where the event will be held unless
specifically authorized by the Captain of
the Port, Miami, Florida or his
designated representative. This
regulation is needed to protect the safety
of participants, marine spectators and
recreational and professional mariner
traffic.
DATES: This rule is effective from 11
a.m. until 4 p.m. each day on Saturday,
September 8, 2007 and Sunday, October
14, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket are part of
docket COTP MIAMI 07–142 and are
available for inspection or copying at
Sector Miami, 100 MacArthur
Causeway, Miami Beach, Fl 33139
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
MSTCS R. Johnson, Coast Guard Sector
Miami, Florida, at (305) 535–4317.
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. Notice of
these events was not provided to the
Coast Guard with sufficient time to
publish an NPRM and receive public
comment before the event dates. This
temporary rule is necessary to ensure
the safety of participants, spectators,
and the general public from the hazards
associated with a boat race.
For the same reasons, the Coast Guard
also finds, under 5 U.S.C. (d)(3), that
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Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Background and Purpose
The Biscayne Bay Yacht Racing
Association is sponsoring the Monthly
BBYRA Cruising Races, and
approximately 35 sailboats, 20 to 54 feet
in the length, are expected to
participate. The event will be held each
day from 11 a.m. until 4 p.m. on
September 8, 2007 and October 14,
2007. The public is invited to attend.
The high concentration of event
participants, spectators, and the general
boating public presents an extra hazard
to the safety of life on the navigable
waters of the United States. A temporary
safety zone encompassing the waters in
Biscayne Bay & the Intracoastal
Waterway is necessary to protect
participants as well as spectators from
hazards associated with the event.
Discussion of Rule
This rule establishes a temporary
safety zone for the Monthly BBYRA
Cruising Races in Biscayne Bay near
Miami, FL. The safety zone is 100 yards
around all race participants as they
transit the waters of Biscayne Bay south
of the Rickenbaucker Causeway to
Latitude 25°32′00″. Vessels are
prohibited from anchoring, mooring, or
transiting within these zones, unless
authorized by the Captain of the Port,
Miami, Florida, or his designated
representative. If the Coast Guard Patrol
Commander determines that it is safe for
vessels to transit the regulated area,
vessels may proceed through the
regulated area between scheduled racing
events. A succession of not fewer that 5
short whistle or horn blasts from a Coast
Guard patrol vessel will be the signal for
any and all vessels within the regulated
area to take immediate steps to avoid
collision. Traffic may resume normal
operations at the completion of the
scheduled races and exhibitions as
determined by the Coast Guard Patrol
Commander. The temporary safety zone
will protect the participants and the
public from the dangers associated with
the event. This regulation is effective
each day from 11 a.m. until 4 p.m. on
September 8, 2007 and October 14,
2007.
mstockstill on PROD1PC66 with RULES
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
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16:15 Oct 05, 2007
Jkt 214001
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
Entry into the regulated area is
prohibited for only limited time periods,
and all vessels should be able to safety
transit around the regulated area at all
times. If the Coast Guard Patrol
Commander determines that it is safe for
vessels to transit the regulated area,
vessels may proceed through the
regulated area between scheduled racing
events. Traffic may resume normal
operations at the completion of
scheduled races and exhibitions as
determined by the Coast Guard Patrol
Commander. Finally, advance
notifications to the maritime community
through marine information broadcasts
will allow mariners to adjust their plans
accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
the waters of Biscayne Bay during the
effective period. This temporary safety
zone will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This rule will be in
effect for only 5.0 hours during the day,
vessel traffic may safely pass around the
safety zone, and vessels may pass
through the regulated area with the
permission of the Coast Guard Patrol
Commander.
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 the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process.
Small businesses may send comments
on the actions of Federal employees
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57201
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).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not 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
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Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Rules and Regulations
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.
mstockstill on PROD1PC66 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
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
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 would limit the use of
a categorical exclusion under section
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16:15 Oct 05, 2007
Jkt 214001
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
will be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security Measures,
Waterways.
(3) Between scheduled events, the
Coast Guard Patrol Commander may
permit traffic to resume normal
operations for a limited time.
(4) A succession of not fewer than 5
short whistle or horn blasts from a Coast
Guard patrol vessel will be the signal for
any and all vessels within the safety
zone defined in paragraph (a) to take
immediate steps to avoid collision.
(d) Effective Dates. This rule is
effective each day from 11 a.m. to 4 p.m.
on Saturday, September 8, 2007 and on
Sunday, October 14, 2007.
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
Dated: September 7, 2007.
K.L. Schultz,
Captain, U.S. Coast Guard, Captain of the
Port Miami, FL.
[FR Doc. E7–19744 Filed 10–5–07; 8:45 am]
BILLING CODE 4910–15–P
I
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.T07–142 to
read as follows:
I
§ 165.T07–142 Safety Zone: Monthly
Biscayne Bay Yacht Racing Association
Cruising Races; Biscayne Bay, Miami, FL.
(a) Location. The following area is a
safety zone: All waters within 100 yards
around all participants in the BBYRA
Cruising Races as they transit the waters
of Biscayne Bay south of the
Rickenbaucker Causeway to Latitude
25°32′00″.
(b) Definition. The following
definition applies to this section:
Designated representative is a Coast
Guard Patrol Commander, including
Coast Guard coxswains, petty officers
and other officers operating Coast Guard
vessels, and federal, state, and local
officers designated by or assisting the
Captain of the Port of Miami in
restricting vessels and persons from
entering the temporary safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, no person or vessel may
anchor, moor or transit a safety zone
without permission of the Captain of the
Port Sector Miami or his designated
representative. To request permission to
enter into a safety zone, the designated
representative may be contacted on VHF
channel 16.
(2) At the completion of scheduled
races and exhibitions, and departure of
participants from the area, the Coast
Guard Patrol Commander may permit
traffic to resume normal operations.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0251–200738; FRL–
8478–6]
Approval and Promulgation of
Implementation Plans; Georgia; Clean
Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve a revision to the Georgia State
Implementation Plan (SIP) submitted on
March 28, 2007. This revision addresses
the requirements of EPA’s Clean Air
Interstate Rule (CAIR) promulgated on
May 12, 2005, and subsequently revised
on April 28, 2006, and December 13,
2006. EPA has determined that the SIP
revision fully implements the CAIR
requirements for Georgia. As a result of
this action, EPA will also withdraw,
through a separate rulemaking, the CAIR
Federal Implementation Plans (FIPs)
concerning sulfur dioxide (SO2), and
nitrogen oxides (NOX annual) season
emissions for Georgia. The CAIR FIPs
for all States in the CAIR region were
promulgated on April 28, 2006, and
subsequently revised on December 13,
2006.
CAIR requires States to reduce
emissions of SO2 and NOX that
significantly contribute to, and interfere
with maintenance of, the National
Ambient Air Quality Standards
(NAAQS) for fine particulates (PM2.5)
and/or ozone in any downwind state.
CAIR establishes State budgets for SO2
and NOX and requires States to submit
SIP revisions that implement these
E:\FR\FM\09OCR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 194 (Tuesday, October 9, 2007)]
[Rules and Regulations]
[Pages 57200-57202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19744]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP MIAMI 07-142]
RIN 1625-AA00
Safety Zone; Monthly Biscayne Bay Yacht Racing Association
Cruising Races, Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Monthly Biscayne Bay Yacht Racing Association (BBYRA) Cruising
Races, which will temporarily limit the movement of non-participant
vessels in Biscayne Bay near Miami, FL. This temporary safety zone is
intended to restrict vessels from entering the waters where the event
will be held unless specifically authorized by the Captain of the Port,
Miami, Florida or his designated representative. This regulation is
needed to protect the safety of participants, marine spectators and
recreational and professional mariner traffic.
DATES: This rule is effective from 11 a.m. until 4 p.m. each day on
Saturday, September 8, 2007 and Sunday, October 14, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket
are part of docket COTP MIAMI 07-142 and are available for inspection
or copying at Sector Miami, 100 MacArthur Causeway, Miami Beach, Fl
33139 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: MSTCS R. Johnson, Coast Guard Sector
Miami, Florida, at (305) 535-4317.
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. Notice of these events was not
provided to the Coast Guard with sufficient time to publish an NPRM and
receive public comment before the event dates. This temporary rule is
necessary to ensure the safety of participants, spectators, and the
general public from the hazards associated with a boat race.
For the same reasons, the Coast Guard also finds, under 5 U.S.C.
(d)(3), that
[[Page 57201]]
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.
Background and Purpose
The Biscayne Bay Yacht Racing Association is sponsoring the Monthly
BBYRA Cruising Races, and approximately 35 sailboats, 20 to 54 feet in
the length, are expected to participate. The event will be held each
day from 11 a.m. until 4 p.m. on September 8, 2007 and October 14,
2007. The public is invited to attend. The high concentration of event
participants, spectators, and the general boating public presents an
extra hazard to the safety of life on the navigable waters of the
United States. A temporary safety zone encompassing the waters in
Biscayne Bay & the Intracoastal Waterway is necessary to protect
participants as well as spectators from hazards associated with the
event.
Discussion of Rule
This rule establishes a temporary safety zone for the Monthly BBYRA
Cruising Races in Biscayne Bay near Miami, FL. The safety zone is 100
yards around all race participants as they transit the waters of
Biscayne Bay south of the Rickenbaucker Causeway to Latitude
25[deg]32'00''. Vessels are prohibited from anchoring, mooring, or
transiting within these zones, unless authorized by the Captain of the
Port, Miami, Florida, or his designated representative. If the Coast
Guard Patrol Commander determines that it is safe for vessels to
transit the regulated area, vessels may proceed through the regulated
area between scheduled racing events. A succession of not fewer that 5
short whistle or horn blasts from a Coast Guard patrol vessel will be
the signal for any and all vessels within the regulated area to take
immediate steps to avoid collision. Traffic may resume normal
operations at the completion of the scheduled races and exhibitions as
determined by the Coast Guard Patrol Commander. The temporary safety
zone will protect the participants and the public from the dangers
associated with the event. This regulation is effective each day from
11 a.m. until 4 p.m. on September 8, 2007 and October 14, 2007.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Entry into the regulated
area is prohibited for only limited time periods, and all vessels
should be able to safety transit around the regulated area at all
times. If the Coast Guard Patrol Commander determines that it is safe
for vessels to transit the regulated area, vessels may proceed through
the regulated area between scheduled racing events. Traffic may resume
normal operations at the completion of scheduled races and exhibitions
as determined by the Coast Guard Patrol Commander. Finally, advance
notifications to the maritime community through marine information
broadcasts will allow mariners to adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in the waters of Biscayne Bay during the effective
period. This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will be in effect for only 5.0 hours during the day,
vessel traffic may safely pass around the safety zone, and vessels may
pass through the regulated area with the permission of the Coast Guard
Patrol Commander.
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 the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not 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
[[Page 57202]]
health or risk to safety that may disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order, because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
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 would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' will be available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T07-142 to read as follows:
Sec. 165.T07-142 Safety Zone: Monthly Biscayne Bay Yacht Racing
Association Cruising Races; Biscayne Bay, Miami, FL.
(a) Location. The following area is a safety zone: All waters
within 100 yards around all participants in the BBYRA Cruising Races as
they transit the waters of Biscayne Bay south of the Rickenbaucker
Causeway to Latitude 25[deg]32'00''.
(b) Definition. The following definition applies to this section:
Designated representative is a Coast Guard Patrol Commander,
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port of Miami in
restricting vessels and persons from entering the temporary safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may anchor, moor or
transit a safety zone without permission of the Captain of the Port
Sector Miami or his designated representative. To request permission to
enter into a safety zone, the designated representative may be
contacted on VHF channel 16.
(2) At the completion of scheduled races and exhibitions, and
departure of participants from the area, the Coast Guard Patrol
Commander may permit traffic to resume normal operations.
(3) Between scheduled events, the Coast Guard Patrol Commander may
permit traffic to resume normal operations for a limited time.
(4) A succession of not fewer than 5 short whistle or horn blasts
from a Coast Guard patrol vessel will be the signal for any and all
vessels within the safety zone defined in paragraph (a) to take
immediate steps to avoid collision.
(d) Effective Dates. This rule is effective each day from 11 a.m.
to 4 p.m. on Saturday, September 8, 2007 and on Sunday, October 14,
2007.
Dated: September 7, 2007.
K.L. Schultz,
Captain, U.S. Coast Guard, Captain of the Port Miami, FL.
[FR Doc. E7-19744 Filed 10-5-07; 8:45 am]
BILLING CODE 4910-15-P
