Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 8323 

18NAESB’s November 16, 2006 submittal is also 

available for viewing in eLibrary. The link to this 

file is as follows: http://elibrary.ferc.gov/idmws/ 

nvcommon/NVViewer.asp?Doc=11182760:0. 

most standard word processing formats 

and commenters may attach additional 

files with supporting information in 

certain other file formats. Commenters 

filing electronically do not need to make 

a paper filing. Commenters that are not 

able to file comments electronically 

must send an original and 14 copies of 

their comments to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

32. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

Document Availability 

33. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

34. From FERC’s Home Page on the 

Internet, this information is available in 

the eLibrary. The full text of this 

document is available in the eLibrary 

both in PDF and Microsoft Word format 

for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

excluding the last three digits of this 

document in the docket number field.18

35. User assistance is available for 

eLibrary and the FERC’s Web site during 

our normal business hours. For 

assistance contact FERC Online Support 

at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

List of Subjects in 18 CFR Part 38 

Conflict of interests, Electric power 

plants, Electric utilities, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Magalie R. Salas, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Chapter 

I, Title 18, part 38 of the Code of Federal 

Regulations, as follows: 

PART 38—BUSINESS PRACTICE 

STANDARDS AND COMMUNICATION 

PROTOCOLS FOR PUBLIC UTILITIES 

1. The authority citation for part 38 

continues to read as follows: 

Authority: 16 U.S.C. 791–825r, 2601–2645; 

31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

2. In § 38.2, paragraph (a)(4) is revised 

to read as follows: 

§ 38.2 Incorporation by reference of North 

American Energy Standards Board 

Wholesale Electric Quadrant standards. 

(a) * * * 

(4) Coordinate Interchange (WEQ–

004, June 22, 2006); 

* * * * * 

[FR Doc. E7–3232 Filed 2–23–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–009] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Martin Lagoon, Middle River, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for the ‘‘Baltimore County 

Community Waterfront Festival’’, an 

event to be held May 12, 2007 at Martin 

Lagoon, Middle River, Maryland. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to temporarily restrict 

vessel traffic in a portion of the Middle 

River waterfront to accommodate 

watercraft static displays, fire-rescue 

demonstrations and a fireworks display. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 28, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 415 at the same address between 

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

Friday, except Federal holidays, fax 

them to (757) 391–8149, or e-mail them 

to Dennis.M.Sens@uscg.mil. The 

Inspections and Investigations Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

address between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: D. 

M. Sens, Project Manager, Inspections 

and Investigations Branch, at (757) 398–

6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–07–009), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 8 1⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed under ADDRESSES explaining why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On May 12, 2007, Baltimore County 

plans to sponsor the ‘‘Baltimore County 

Community Waterfront Festival’’. 

Various watercraft static displays and 

fire-rescue demonstrations would be 

staged within Martin Lagoon. The 

fireworks display would be launched 

from Wilson Point Park but the 

hazardous fallout area will extend over 

Martin Lagoon. A fleet of spectator 

vessels is expected to gather near the 

event site to view the fireworks display. 

Due to the need for vessel control 

during the proposed event, vessel traffic 

will be temporarily restricted to provide 

for the safety of participants, spectators 

and transiting vessels. 


hsrobinson on PROD1PC76 with PROPOSALS
8324 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of Martin Lagoon at 

Middle River, Maryland. The regulated 

area includes all waters of Martin 

Lagoon that are north of a line drawn 

from latitude 39°19′34′′ N, 076°25′41′′ 

W, thence to a position located at 

39°19′33′′ N, 076°25′33′′ W. The 

temporary special local regulations will 

be in effect from 9 a.m. to 11 p.m. on 

May 13, 2006. If the marine event is 

postponed due to weather, then the 

temporary special local regulations will 

be enforced during the same time period 

on May 13, 2007. The effect will be to 

restrict general navigation in the 

regulated area during the marine event 

and fireworks display. Except for 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area during the 

enforcement period. The Patrol 

Commander will notify the public of 

specific enforcement times by Marine 

Radio Safety Broadcast. These proposed 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of spectators and transiting 

vessels. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this regulation restricts 

vessel traffic from transiting Martin 

Lagoon during the event, the effect of 

this regulation will not be significant 

due to the limited duration that the 

regulated area will be in effect and the 

extensive advance notifications that will 

be made to the maritime community via 

marine information broadcasts and area 

newspapers so mariners can adjust their 

plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed 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 Martin 

Lagoon during the event. 

This proposed rule 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 a short period, from 9 

a.m. to 11 p.m. on May 13, 2006. Before 

the enforcement period, we will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding the proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking 

process. If the rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

the address listed under ADDRESSES. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This proposed 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 proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule will not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule 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 proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and does not create an 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it 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 proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 8325 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which 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)(h), of the Instruction, from further 

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine event permit 

are specifically excluded from further 

analysis and documentation under those 

sections. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233, Department of 

Homeland Security Delegation No. 0170.1. 

2. Add temporary § 100.35–T05–009 

to read as follows: 

§ 100.35–T05–009 Martin Lagoon, Middle 

River, Maryland. 

(a) Regulated area. The regulated area 

includes all waters of Martin Lagoon 

that are north of a line drawn from 

latitude 39°19′34′′ N, 076°25′41′′ W, 

thence to a position located at 39°19′33′′ 

N, 076°25′33′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: As used in this section 

(1) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the Commander, 

Coast Guard Sector Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: 

(1) Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. to 11 p.m. 

on May 12, 2007. If the marine event is 

postponed due to weather, then the 

temporary special local regulations will 

be enforced during the same time period 

on May 13, 2007. 

Dated: February 14, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–3211 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

33 CFR Part 334 

Department of the Navy, Chesapeake 

Bay, in Vicinity of Bloodsworth Island, 

MD 

AGENCY: Department of the Army, 

United States Army Corps of Engineers, 

DOD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend the regulations in 

33 CFR 334.190 which establishes a 

danger zone, in waters of the United 

States in the vicinity of Bloodsworth 

Island, Maryland. The proposed 

amendment will reflect the current 

operational and safety procedures at the 

Bloodsworth Island Range and highlight 

a change in the enforcement authority 

from the Commander, Naval Base 

Norfolk, Virginia to the Commander, 

Naval Air Station Patuxent River, 

Maryland. The regulations are necessary 

to safeguard United States Navy vessels 

and United States Government 

facilities/installations from sabotage and 

other subversive acts, accidents, or 

incidents of a similar nature. These 

regulations are also necessary to protect 

the public from potentially hazardous 

conditions which may exist as a result 

from use of the areas by the United 

States Navy. 

DATES: Written comments must be 

submitted on or before March 28, 2007. 

ADDRESSES: You may submit comments, 

identified by docket number COE–

2006–0040, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2006–0040, in 

the subject line of the message. 

Fax: 202–761–0140. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–OR/MVD (David B. Olson), 

441 G Street NW., Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2006–0040. All 

comments received will be included in 

the public docket without change and 

may be made available on-line fnl;at 

http://www.regulations.gov, including 


hsrobinson on PROD1PC76 with PROPOSALS