25686 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 

Special Local Regulation (SLR) and 

modified the regulations in 33 CFR 

100.1304 for the safe execution of the 

Annual Seattle Yacht Club’s ‘‘Opening 

Day’’ Marine Parade on the waters of 

Portage Bay, Portage Cut (Montlake Cut), 

and Union Bay. This SLR provides for 

a regulated area to protect spectators 

and parade participants. Movements are 

regulated for all vessels in the area as 

described under 33 CFR 100.1304 or 

unless otherwise regulated by the 

Captain of the Port or his designee. The 

Coast Guard may be assisted by other 

Federal, State, or local law enforcement 

agencies in enforcing this SLR. 

The Coast Guard will enforce the SLR 

for the Annual Seattle Yacht Club’s 

‘‘Opening Day’’ Marine Parade, Seattle, 

WA in 33 CFR 100.1304 on May 5, 2007, 

from 8 a.m. to 3 p.m. 

Under the provisions of 33 CFR 

100.1304, the regulated area shall be 

closed for the duration of the event to 

all vessel traffic not participating in the 

event and authorized by the event 

sponsor or Coast Guard Patrol 

Commander. All persons or vessels not 

registered with the sponsor as 

participants or not part of the regatta 

patrol are considered spectators. 

Spectator vessels must be at anchor 

within a designated spectator area or 

moored to a waterfront facility in a way 

that will not interfere with the progress 

of the event. The following are 

established as spectator areas: 

(i) Northwest of the University Bridge. 

(ii) North of the log boom that will be 

placed in Union Bay. 

(iii) East of Webster Point so as not to 

interfere with the participating vessels 

departing Union Bay. 

No spectators shall anchor, block, 

loiter in, or impede the through transit 

of participants or official patrol vessels 

in the regulated area during the effective 

dates and times unless cleared for such 

entry by the Patrol Commander. 

Due to the large number of craft 

confined within this small body of 

water, all vessels, both spectator and 

participants, will maintain a ‘‘NO 

WAKE’’ speed. This requirement will be 

strictly enforced to preserve the safety of 

both life and property. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.1304 (c) and 5 U.S.C. 552 

(a). 

Dated: April 20, 2007. 

Mark J. Huebschman, 

Commander, U.S. Coast Guard, Captain of 

the Port, Puget Sound, Acting. 

[FR Doc. E7–8606 Filed 5–4–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–015] 

RIN 1625–AA00 

Security Zone: America’s 400th 

Celebration, Jamestown, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The United States Coast 

Guard is amending the security zone 

encompassing waters within 2-nautical 

miles of Church Point, Jamestown 

Island, VA, for America’s 400th 

Anniversary celebration. This action is 

intended to restrict vessel traffic within 

the security zone. This security zone is 

necessary to protect attendees of this 

event from potential maritime hazards 

and threats and enhance public and 

maritime security. 

DATES: This rule is effective from 7 a.m. 

on May 11, 2007 until 10 p.m. on May 

13, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

015 and are available for inspection or 

copying at USCG Sector Hampton 

Roads, 4000 Coast Guard Blvd., 

Portsmouth, Virginia 23703, between 

9:30 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Thomas Tarrants, Enforcement 

Branch Chief, U.S. Coast Guard Sector 

Hampton Roads, Virginia at (757) 483–

8571. 

SUPPLEMENTARY INFORMATION:

Regulatory Information 

Pursuant to 5 U.S.C. 553(b)(B), a 

notice of proposed rulemaking (NPRM) 

was not published for this regulation. 

Good cause exists for not publishing a 

NPRM for this regulation. This amended 

temporary final rule is of limited 

duration and is necessary to provide for 

the security of dignitaries and the public 

attending the America’s 400th 

Anniversary celebration. 

For the same reasons good cause 

exists for making this regulation 

effective less than 30 days after Federal 

Register publication under 5 U.S.C. 

553(d)(3). 

Background and Purpose 

Following terrorist attacks on the 

United States in September 2001, there 

is now a heightened awareness that 

vessels or persons could engage in 

subversive activity against targets ashore 

in the United States. This regulation is 

necessary to protect attendees of 

America’s 400th Anniversary 

celebration on Jamestown Island, VA, 

from potential maritime threats. The 

Coast Guard previously published a 

NPRM in the Federal Register (72 FR 

10958) and a temporary final rule in the 

Federal Register (72 FR 20053) 

implementing a security zone for this 

event. Under the temporary final rule, 

the security zone was in effect from 3 

p.m. on May 11, 2007 until 10 p.m. on 

May 11, 2007; from 9 a.m. until 11 p.m. 

on May 12, 2007; and from 9 a.m. until 

10 p.m. on May 13, 2007. Action is 

needed to provide additional protection 

for additional dignitaries and members 

of the public added after the publication 

of the temporary rule. 

As amended, this temporary security 

zone will only be in effect from 7 a.m. 

on May 11, 2007 until 10 p.m. on May 

13, 2007. The operators of the 

Jamestown Ferry have already been 

contacted and agree to operate on a 

modified schedule within the security 

zone. This zone will have minimal 

impact on vessel transits because 

vessels can request authorization from 

the Captain of the Port (COTP) to safely 

transit through the zone and they are 

not precluded from using any portion of 

the waterway except the security zone 

area itself. Additionally, public 

notifications announcing this regulation 

will be made via marine information 

broadcasts prior to the zone taking 

effect. 

Discussion of Rule 

The Coast Guard is amending the 

temporary security zone near Jamestown 

Island to provide protection to 

dignitaries and the public visiting the 

island. We are amending the temporary 

final rule to create a continuous 

effective period throughout the event. 

The amended security zone will be 

effective from 7 a.m. on May 11, 2007, 

until 10 p.m. on May 13, 2007. The 

amended security zone will also be 

enforced from 7 a.m. on May 11, 2007, 

until 10 p.m. on May 13, 2007. 

The security zone will encompass all 

navigable waters around Jamestown 

Island, VA within a 2-nautical mile 

radius of Church Point at 37–12.45N, 

076–46.66W. No persons or vessels may 

enter or remain in the regulated area 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 25687 

without authorization by the Captain of 

the Port, Hampton Roads, or his 

designated representative. 

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. 

Although this rulemaking restricts 

access to the regulated area, the effect of 

this rulemaking will not be significant 

because: (i) The COTP may authorize 

access to the security zone; (ii) the 

security zone will be in effect for a 

limited duration; (iii) the Coast Guard 

will make notifications via maritime 

advisories so mariners can adjust their 

plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this 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. 

However, this rule may affect the 

following entities, some of which may 

be small entities: the owners and 

operators of vessels intending to transit 

or anchor in the described portion of the 

security zone between 7 a.m. on May 11, 

2007, to 10 p.m. on May 13, 2007. The 

security zone will not have a significant 

impact on a substantial number of small 

entities because the zone does not 

encompass a high vessel traffic area, and 

vessels can request authorization from 

the COTP to enter the zone. Maritime 

advisories will also be issued, so the 

mariners can adjust their plans 

accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the 

rulemaking would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact LCDR 

Thomas Tarrants, Enforcement Branch 

Chief, U.S. Coast Guard Sector Hampton 

Roads, Virginia at (757) 483–8571. 

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 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 U.S. 

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 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 

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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs 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. 


rwilkins on PROD1PC63 with RULES
25688 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D 

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, we believe that this rule 

should be 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 & recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 subpart D as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C 1226, 1231; 46 U.S.C 

Chapter 701; 50 U.S.C 191, 195; 33 CFR 1.05–

1(g), 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. Amend temporary § 165.T05–015 

by revising paragraphs (d) and (e) to 

read as follows: 

§ 165.T05–015 Security Zone: Jamestown 

Island, VA. 

* * * * * 

(d) Enforcement period: The security 

zone will be enforced from 7 a.m. on 

May 11, 2007, until 10 p.m. on May 13, 

2007. 

(e) Effective period: This regulation is 

effective from 7 a.m. on May 11, 2007, 

to 10 p.m. on May 13, 2007. 

Dated: April 27, 2007. 

John S. Kenyon, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Hampton Roads. 

[FR Doc. 07–2246 Filed 11–3–07; 11:02 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AT99 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart C; 

Nonrural Determinations 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises the list of 

nonrural areas identified by the Federal 

Subsistence Board (Board, we, us). Only 

residents of areas identified as rural are 

eligible to participate in the Federal 

Subsistence Management Program on 

Federal public lands in Alaska. We are 

changing Adak’s status to rural. We also 

are adding Prudhoe Bay to the list of 

nonrural areas. The following areas 

continue to be nonrural, but we are 

changing their boundaries: the Kenai 

Area; the Wasilla/Palmer Area, 

including Point McKenzie; the Homer 

Area, including Fritz Creek East (except 

Voznesenka) and the North Fork Road 

area; and the Ketchikan Area. We have 

also added Saxman to the Ketchikan 

nonrural area. We are making no other 

changes in status. This final rule differs 

from the proposed rule relative to the 

Kodiak area and Saxman: For reasons 

set forth below, we did not change the 

status of the Kodiak area from rural to 

nonrural, as we had proposed, and we 

included Saxman in the nonrural 

Ketchikan area, which we had not 

proposed. Residents of those areas 

changing from rural to nonrural have 5 

years to come into compliance with this 

rule. 

DATES: Effective Date: This rule is 

effective June 6, 2007. Compliance Date: 

Compliance with the nonrural 

determinations for Prudhoe Bay, Point 

MacKenzie, the expanded portion of 

Sterling, Fritz Creek East, North Fork 

Road area, Saxman, and the additions to 

the Ketchikan nonrural area is required 

by May 7, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; 3601 C Street, 

Suite 1030, Anchorage, AK 99503, 

telephone (907) 786–3888. For questions 

specific to National Forest System 

lands, contact Steve Kessler, Regional 

Subsistence Program Leader, USDA, 

Forest Service, Alaska Region, (907) 

786–3888. 

SUPPLEMENTARY INFORMATION: 

Background 

In Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126), 

Congress found that ‘‘the situation in 

Alaska is unique in that, in most cases, 

no practical alternative means are 

available to replace the food supplies 

and other items gathered from fish and 

wildlife which supply rural residents 

dependent on subsistence uses * * *’’

and that ‘‘continuation of the 

opportunity for subsistence uses of 

resources on public and other lands in 

Alaska is threatened. * * *’’ As a result, 

Title VIII requires, among other things, 

that the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

implement a program to provide rural 

Alaska residents a priority for the taking 

of fish and wildlife on public lands in 

Alaska for subsistence uses, unless the 

State of Alaska enacts and implements 

laws of general applicability that are 

consistent with ANILCA and that 

provide for the subsistence definition, 

priority, and participation specified in 

Sections 803, 804, and 805 of ANILCA. 

The State implemented a program that 

the Department of the Interior 

previously found to be consistent with 

ANILCA. However, in December 1989, 

the Alaska Supreme Court ruled in 

McDowell v. State of Alaska that the 

rural priority in the State subsistence 

statute violated the Alaska Constitution. 

The Court’s ruling in McDowell caused 

the State to delete the rural priority from 

the subsistence statute, which therefore 

negated State compliance with ANILCA. 

The Court stayed the effect of the 

decision until July 1, 1990. As a result 

of the McDowell decision, the 

Department of the Interior and the 

Department of Agriculture 

(Departments) assumed, on July 1, 1990, 

responsibility for implementation of 

Title VIII of ANILCA on public lands. 

On June 29, 1990, the Departments 

published the Temporary Subsistence 

Management Regulations for Public 

Lands in Alaska in the Federal Register 

(55 FR 27114). Permanent regulations 

were jointly published on May 29, 1992 

(57 FR 22940), and have been amended 

since then. 

As a result of this joint process 

between Interior and Agriculture, these 

regulations can be found in the titles for 

Agriculture and Interior in the Code of 

Federal Regulations (CFR) both in title 

36, ‘‘Parks, Forests, and Public 


rwilkins on PROD1PC63 with RULES