12742 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations 

(c) Enforcement period. (1) This 

section will be enforced from 5 a.m. to 

6 p.m. on days when the following 

events are held: 

(i) Safety at Sea Seminar, held on the 

fourth Saturday in March; 

(ii) Naval Academy Crew Races held 

on the last weekend in March and every 

weekend in April and May; 

(iii) Blue Angels Air Show, held on 

the fourth Tuesday and Wednesday in 

May. 

(2) Should the event’s daily activities 

conclude prior to 6 p.m., enforcement of 

this section may be terminated for that 

day at the discretion of the Coast Guard 

Patrol Commander. 

(3) The Commander, Fifth Coast 

Guard District will publish a notice in 

the Fifth Coast Guard District Local 

Notice to Mariners announcing the 

specific event dates and times. Notice 

will also be made via marine Safety 

Radio Broadcast on VHF–FM marine 

band radio channel 22 (157.1 MHz). 

Dated: March 8, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–4938 Filed 3–16–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–004] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; St. Mary’s River, St. Mary’s 

City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period for the ‘‘St. Mary’s Seahawk 

Sprint’’ held annually on the waters of 

the St. Mary’s River, near St. Mary’s 

City, Maryland. This special local 

regulation is intended to restrict vessel 

traffic in portions of the St. Mary’s River 

and is necessary to provide for the 

safety of life on navigable waters during 

the event. 

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

to 5 p.m. on April 21, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket (CGD05–07–

004) and are available for inspection or 

copying at Commander (dpi), Fifth 

Coast Guard District, 431 Crawford 

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis M. Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On February 12, 2007, we published 

a Notice of Proposed Rulemaking 

(NPRM) entitled Special Local 

Regulations for Marine Events; St. 

Mary’s River, St. Mary’s City, MD in the 

Federal Register (72 FR 6510). We 

received no letters commenting on the 

proposed rule. No public meeting was 

requested, and none was held. 

Background and Purpose 

On April 21, 2007, St. Mary’s College 

of Maryland will sponsor the ‘‘Seahawk 

Sprint’’ crew races on the waters of the 

St. Mary’s River. The event will consist 

of intercollegiate crew rowing teams 

racing along a 2000 meter course on the 

waters of the St. Mary’s River. A fleet of 

spectator vessels is expected to gather 

near the event site to view the 

competition. The regulation at 33 CFR 

100.527 is effective annually for the St. 

Mary’s College crew races marine event. 

Paragraph (d) of Section 100.527 

establishes the enforcement date for the 

St. Mary’s Seahawk crew races. This 

regulation temporarily changes the 

enforcement date from the second 

Saturday in April to the third Saturday 

in April, holding the marine event on 

April 21, 2007. St. Mary’s College crew 

club who is the sponsor for this event 

intends to hold this event annually; 

however, they have changed the date of 

the event for 2007 so that it is outside 

the scope of the existing enforcement 

period. To provide for the safety of 

participants, spectators, support and 

transiting vessels, the Coast Guard is 

temporarily restricting vessel traffic in 

the event area during the crew races. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the Notice of 

Proposed Rulemaking (NPRM) 

published in the Federal Register. 

Accordingly, the Coast Guard is 

establishing temporary special local 

regulations on specified waters of the St. 

Mary’s River, St. Mary’s City, Maryland. 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. The effect of this 

action merely establishes the date on 

which the existing regulation would be 

in effect and would not impose any new 

restrictions on vessel traffic. 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule would effect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

a portion of the St. Mary’s River during 

the event. 

This rule would not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule would 

merely change the date on which the 

existing regulations would be enforced 

in the regulated area and would not 

impose any new restrictions on vessel 

traffic. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered 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 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. 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations 12743 

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 would call 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 would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would 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 

would not create an environmental risk 

to health or risk to safety that might 

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 would 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 

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 that 

section. 

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. 

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 amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

is revised to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. In § 100.527, from 7 a.m. to 5 p.m. 

on April 21, 2007, suspend paragraph 

(d). 

■ 3. In § 100.527, from 7 a.m. to 5 p.m. 

on April 21, 2007, add a new paragraph 

(d) to read as follows: 

§ 100.527 St. Mary’s River, St. Mary’s City, 

Maryland. 

* * * * * 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 5 p.m. 

on April 21, 2007. A notice of 

enforcement of this section will be 

disseminated through the Fifth Coast 

Guard District Local Notice to Mariners 

announcing the specific event date and 

times. Notice will also be made via 

marine Safety Radio Broadcast on VHF–

FM marine band radio channel 22 

(157.1 MHz). 

Dated: March 8, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–4936 Filed 3–16–07; 8:45 am] 

BILLING CODE 4910–15–P 


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