Safety Zone; Alameda County Sheriff's Office Maritime Interdiction Training, San Francisco Bay, CA, 63488-63490 [E7-21977]

Download as PDF 63488 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations Dated: October 29, 2007. Greg Shapley, Chief, Bridge Administration, Seventh Coast Guard District. [FR Doc. E7–22067 Filed 11–8–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard To facilitate the repairs, the CONRAIL Bridge will be maintained in the closedto-navigation position beginning at 7 a.m. on December 3, 2007, until and including 7 p.m. on January 18, 2008. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. [Docket No. COTP San Francisco Bay 07– 051] 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. Logistical details surrounding the event were not finalized and presented to the Coast Guard in time to draft and publish an NPRM. As such, the event would occur before the rulemaking process was complete. This safety zone is necessary to provide for the safety of participants, participating vessels, and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the training. For the same reasons listed in the previous paragraph, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in the effective date of this rule would expose mariners to the dangers posed by the training. RIN 1625–AA00 Background and Purpose Dated: October 31, 2007. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E7–22068 Filed 11–8–07; 8:45 am] 33 CFR Part 117 [CGD05–07–109] Drawbridge Operation Regulations; Raccoon Creek, at Bridgeport, NJ BILLING CODE 4910–15–P Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: mstockstill on PROD1PC66 with RULES ACTION: DEPARTMENT OF HOMELAND SECURITY SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Consolidated Rail Corporation (CONRAIL) Bridge, at mile 2.0, across Raccoon Creek at Bridgeport, NJ. This deviation allows the drawbridge to remain closed-to-navigation beginning at 7 a.m. on December 3, 2007, until and including 7 p.m. on January 18, 2008 to facilitate mechanical repairs. DATES: This deviation is effective from 7 a.m. on December 3, 2007 to 7 p.m. on January 18, 2008. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704–5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (757) 398–6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, at (757) 398–6222. SUPPLEMENTARY INFORMATION: The CONRAIL Bridge, a swing-type bridge, has a vertical clearance in the closed position to vessels of seven feet, above mean high water. CONRAIL, the bridge owner, has requested a temporary deviation from the current operating regulations set out in 33 CFR Part 117.741 to close the swing bridge to navigation to perform essential mechanical repairs. The repairs will consist of removing and replacing the drive shaft and main pinion gear and repairing the steel which supports the assembly. Coast Guard VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 Regulatory Information 33 CFR Part 165 Safety Zone; Alameda County Sheriff’s Office Maritime Interdiction Training, San Francisco Bay, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay, during the Alameda County Sheriff’s Office Maritime Interdiction Training. This safety zone is established to ensure the safety of participants and the public from dangers associated with the training. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative. DATES: This rule is effective from 8 a.m. to 2 p.m. on November 1, 2007, November 8, 2007, and November 15, 2007. Documents indicated in this preamble as being available in the docket, are part of the docket COTP San Francisco Bay 07–051 and are available for inspection or copying at Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco, California, 94130, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast Guard Sector San Francisco, at (415) 399–7436. ADDRESSES: PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 The Alameda County Sheriff’s Office will be hosting Maritime Interdiction training provided by A–T Solutions. The training consists of classroom training and a practical exercise onboard a ship. The course is designed to provide law enforcement personnel with the tools and techniques necessary to identify, intercept, and safely board a non-compliant vessel at sea. Maritime attacks, boarding equipment, and boarding procedures will be covered while onboard the ship. During this event the ship may be anchored, drifting, or underway. The Blue and Gold Fleet Company will provide a ferry to be used as a noncompliant vessel during the training exercises. The practical training on board the Blue and Gold Fleet vessel will take place on November 1, 2007, November 8, 2007, and November 15, 2007, during the hours of 8 a.m. and 2 p.m. Discussion of Rule The Coast Guard is establishing a temporary safety zone in the vicinity of Hunters Point, in San Francisco Bay. The effect of the temporary safety zone will be to restrict general navigation in the vicinity of Hunters Point, while the training is taking place. The safety zone includes all navigable waters from the surface to the seafloor, encompassed by connecting the following points: Beginning at 37°43′45″ N and longitude 122°20′48″ W; latitude 37°43′45″ N and longitude 122°19′33″ E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations W; latitude 37°42′12″ N and longitude 122°20′48″ W; latitude 37°42′12″ N and longitude 122°19′33″ W, and then back to the beginning point. These coordinates are based upon datum: NAD 83. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the safety zone. This safety zone is necessary to keep the public and vessels a safe distance away from the training to ensure the safety of participants, participating vessels, and transiting vessels. 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 Budget has not reviewed it under that Order. Although this rule restricts access to the waters encompassed by the safety zone, the effect of this rule will not be significant because the local waterway users will be notified via public Broadcast Notice to Mariners to ensure the safety zone will result in minimum impact. The entities most likely to be affected are pleasure craft engaged in recreational activities. 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 is not expected to have a significant economic impact on a substantial number of entities, some of which may be small entities. This rule may affect owners and operators of pleasure craft engaged in recreational activities and sightseeing. This rule will not have a significant economic impact on a substantial number of small entities for several reasons: (i) Vessel traffic can pass safely around the area, (ii) vessels engaged in recreational activities and sightseeing have ample space outside of the effected portion of San Francisco Bay to engage in these activities, (iii) this rule will encompass only a small portion of the waterway for a limited VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 period of time, and (iv) the maritime public will be advised in advance of this safety zone via Broadcast Notice to Mariners. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions, options for compliance, or assistance in understanding this rule, please contact Ensign Sheral Richardson, U.S. Coast Guard Sector San Francisco, at (415) 399–7436. 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 63489 Taking of Private Property This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Unfunded Mandates Reform Act 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. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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 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. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 63490 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Rules and Regulations 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 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 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. Paragraph (34)(g) is applicable because this rule establishes a safety zone. 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. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. Add § 165.T11–254 to read as follows: mstockstill on PROD1PC66 with RULES § 165.T11–254 Safety Zone; Alameda County Sheriff’s Office Maritime Interdiction Training, San Francisco Bay, CA. 122° 20′48″ W; latitude 37° 43′45″ N and longitude 122° 19′33″ W; latitude 37° 42′12″ N and longitude 122° 20′48″ W; latitude 37° 42′12″ N and longitude 122° 19′ 33″ W, and then back to the beginning point. These coordinates are based upon datum: NAD 83. (b) Enforcement Period. This safety zone is in effect from 8 a.m. to 2 p.m. on November 1, 2007, November 8, 2007, and November 15, 2007. If the training events conclude prior to their scheduled termination times, the Coast Guard will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transit through, or anchoring within this safety zone by all vessels and persons is prohibited, unless specifically authorized by the Captain of the Port, San Francisco, or his designated representative. (2) All persons and vessels shall comply with the instructions of the Captain of the Port, San Francisco, or the designated representative. (3) Designated representative means any commissioned, warrant, and petty officer of the Coast Guard on board a Coast Guard, Coast Guard Auxiliary, local, state, or federal law enforcement vessel who is authorized to act on behalf of the Captain of the Port, San Francisco. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. Persons and vessels may request permission to enter the safety zone on VHF–16 or via telephone at (415) 399–3547. (5) The U.S. Coast Guard may be assisted in the patrol and enforcement of this safety zone by local law enforcement as necessary. Dated: October 30, 2007. W. J. Uberti, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. E7–21977 Filed 11–8–07; 8:45 am] BILLING CODE 4910–15–P (a) Location. This temporary safety zone is established for the navigable waters of San Francisco Bay in the vicinity of Hunters Point and includes all navigable waters, from the surface to the seafloor, encompassed by connecting the following points: beginning at 37° 43′45″ N and longitude VerDate Aug<31>2005 18:07 Nov 08, 2007 Jkt 214001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2006–5065; FRL–8493–5] RIN 2060–AO32 Protection of Stratospheric Ozone: Revision of Refrigerant Recovery and Recycling Equipment Standards Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action on motor vehicle refrigerant recovery and recycling equipment standards. Under Clean Air Act Section 609, motor vehicle air-conditioning (MVAC) refrigerant handling equipment must be certified by the Administrator or an independent organization approved by the Administrator and, at a minimum, must be as stringent as the standards of the Society of Automotive Engineers (SAE) that are in effect as of the date of the enactment of the Clean Air Act Amendments of 1990. In 1997, EPA promulgated regulations that required the use of SAE Standard J2210, HFC–134a Recycling Equipment for Mobile Air Conditioning Systems for certification of MVAC refrigerant handling equipment. SAE has replaced Standard J2210 with J2788, Recovery/ Recycle and Recovery/Recycle/ Recharging Equipment for HFC–134a Refrigerant. To avoid confusion with an outdated reference, EPA is updating its reference to the new SAE standards. This action reflects a change in industry standard practice. This action also revises the EPA addresses to send equipment certification forms. DATES: This rule is effective on December 31, 2007 without further notice, unless EPA receives adverse comment or a request for public hearing by December 10, 2007. If we receive adverse comment or a request for a public hearing, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2006–5065, by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-Docket@epa.gov. • Fax: 202–566–1741. • Mail: Environmental Protection Agency, Mailcode 6102T, EPA Docket E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Rules and Regulations]
[Pages 63488-63490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21977]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP San Francisco Bay 07-051]
RIN 1625-AA00


Safety Zone; Alameda County Sheriff's Office Maritime 
Interdiction Training, San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of San Francisco Bay, during the Alameda County 
Sheriff's Office Maritime Interdiction Training. This safety zone is 
established to ensure the safety of participants and the public from 
dangers associated with the training. Unauthorized persons or vessels 
are prohibited from entering into, transiting through, or remaining in 
the safety zone without permission of the Captain of the Port or his 
designated representative.

DATES: This rule is effective from 8 a.m. to 2 p.m. on November 1, 
2007, November 8, 2007, and November 15, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of the docket COTP San Francisco Bay 07-051 and 
are available for inspection or copying at Coast Guard Sector San 
Francisco, 1 Yerba Buena Island, San Francisco, California, 94130, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast 
Guard Sector San Francisco, at (415) 399-7436.

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. Logistical details surrounding 
the event were not finalized and presented to the Coast Guard in time 
to draft and publish an NPRM. As such, the event would occur before the 
rulemaking process was complete. This safety zone is necessary to 
provide for the safety of participants, participating vessels, and 
other vessels transiting the event area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect during 
the training.
    For the same reasons listed in the previous paragraph, under 5 
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. Any delay in the effective date of this rule would 
expose mariners to the dangers posed by the training.

Background and Purpose

    The Alameda County Sheriff's Office will be hosting Maritime 
Interdiction training provided by A-T Solutions. The training consists 
of classroom training and a practical exercise onboard a ship. The 
course is designed to provide law enforcement personnel with the tools 
and techniques necessary to identify, intercept, and safely board a 
non-compliant vessel at sea. Maritime attacks, boarding equipment, and 
boarding procedures will be covered while onboard the ship.
    During this event the ship may be anchored, drifting, or underway. 
The Blue and Gold Fleet Company will provide a ferry to be used as a 
non-compliant vessel during the training exercises. The practical 
training on board the Blue and Gold Fleet vessel will take place on 
November 1, 2007, November 8, 2007, and November 15, 2007, during the 
hours of 8 a.m. and 2 p.m.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone in the 
vicinity of Hunters Point, in San Francisco Bay. The effect of the 
temporary safety zone will be to restrict general navigation in the 
vicinity of Hunters Point, while the training is taking place.
    The safety zone includes all navigable waters from the surface to 
the seafloor, encompassed by connecting the following points: Beginning 
at 37[deg]43'45'' N and longitude 122[deg]20'48'' W; latitude 
37[deg]43'45'' N and longitude 122[deg]19'33''

[[Page 63489]]

W; latitude 37[deg]42'12'' N and longitude 122[deg]20'48'' W; latitude 
37[deg]42'12'' N and longitude 122[deg]19'33'' W, and then back to the 
beginning point. These coordinates are based upon datum: NAD 83.
    Except for persons or vessels authorized by the Coast Guard Patrol 
Commander, no person or vessel may enter or remain in the safety zone. 
This safety zone is necessary to keep the public and vessels a safe 
distance away from the training to ensure the safety of participants, 
participating vessels, and transiting vessels.

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.
    Although this rule restricts access to the waters encompassed by 
the safety zone, the effect of this rule will not be significant 
because the local waterway users will be notified via public Broadcast 
Notice to Mariners to ensure the safety zone will result in minimum 
impact. The entities most likely to be affected are pleasure craft 
engaged in recreational activities.

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 is 
not expected to have a significant economic impact on a substantial 
number of entities, some of which may be small entities. This rule may 
affect owners and operators of pleasure craft engaged in recreational 
activities and sightseeing. This rule will not have a significant 
economic impact on a substantial number of small entities for several 
reasons: (i) Vessel traffic can pass safely around the area, (ii) 
vessels engaged in recreational activities and sightseeing have ample 
space outside of the effected portion of San Francisco Bay to engage in 
these activities, (iii) this rule will encompass only a small portion 
of the waterway for a limited period of time, and (iv) the maritime 
public will be advised in advance of this safety zone via Broadcast 
Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions, options 
for compliance, or assistance in understanding this rule, please 
contact Ensign Sheral Richardson, U.S. Coast Guard Sector San 
Francisco, at (415) 399-7436.
    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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are

[[Page 63490]]

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 
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 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. Paragraph (34)(g) is applicable because this rule 
establishes a safety zone. 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 Sec.  165.T11-254 to read as follows:


Sec.  165.T11-254  Safety Zone; Alameda County Sheriff's Office 
Maritime Interdiction Training, San Francisco Bay, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of San Francisco Bay in the vicinity of Hunters Point 
and includes all navigable waters, from the surface to the seafloor, 
encompassed by connecting the following points: beginning at 37[deg] 
43'45'' N and longitude 122[deg] 20'48'' W; latitude 37[deg] 43'45'' N 
and longitude 122[deg] 19'33'' W; latitude 37[deg] 42'12'' N and 
longitude 122[deg] 20'48'' W; latitude 37[deg] 42'12'' N and longitude 
122[deg] 19' 33'' W, and then back to the beginning point. These 
coordinates are based upon datum: NAD 83.
    (b) Enforcement Period. This safety zone is in effect from 8 a.m. 
to 2 p.m. on November 1, 2007, November 8, 2007, and November 15, 2007. 
If the training events conclude prior to their scheduled termination 
times, the Coast Guard will cease enforcement of this safety zone and 
will announce that fact via Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this safety zone by all vessels and persons is prohibited, 
unless specifically authorized by the Captain of the Port, San 
Francisco, or his designated representative.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port, San Francisco, or the designated 
representative.
    (3) Designated representative means any commissioned, warrant, and 
petty officer of the Coast Guard on board a Coast Guard, Coast Guard 
Auxiliary, local, state, or federal law enforcement vessel who is 
authorized to act on behalf of the Captain of the Port, San Francisco.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed. Persons and vessels may request permission 
to enter the safety zone on VHF-16 or via telephone at (415) 399-3547.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this safety zone by local law enforcement as necessary.

    Dated: October 30, 2007.
W. J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-21977 Filed 11-8-07; 8:45 am]
BILLING CODE 4910-15-P