Safety Zone; Monthly Biscayne Bay Yacht Racing Association Cruising Races, Biscayne Bay, Miami, FL, 57200-57202 [E7-19744]

Download as PDF 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09OCR1.SGM 09OCR1 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 VerDate Aug<31>2005 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09OCR1.SGM 09OCR1 57202 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 VerDate Aug<31>2005 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. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 09OCR1

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]


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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

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