Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16275 

Because this rule pertains to the 

management of offenders committed to 

the custody of the Department of Justice, 

its economic impact is limited to the use 

of appropriated funds. 

This rule will not have substantial 

direct effects on the states, the 

relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

List of Subjects in 28 CFR Parts 500 and 

501 

Prisoners. 

■ Accordingly, under rulemaking 

authority vested in the Attorney General 

in 5 U.S.C. 552(a), we adopt as final the 

interim rule published on October 31, 

2001, at 66 FR 55062, without change. 

Dated: March 29, 2007. 

Alberto R. Gonzales, 

Attorney General. 

[FR Doc. E7–6265 Filed 4–3–07; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD13–07–012] 

RIN 1625–AA00 

Safety Zone; Florence Rhodie Days 

Fireworks Display, Siuslaw River, 

Florence, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Siuslaw River during 

a fireworks display. The Captain of the 

Port, Portland, Oregon is taking this 

action to safeguard watercraft and their 

occupants from safety hazards 

associated with this display. Entry into 

this safety zone is prohibited unless 

authorized by the Captain of the Port. 

DATES: This rule is effective on May 9, 

2007 from 8:30 p.m. until 11:30 p.m. 

(PDT). 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket (CGD13–07–

012) and are available for inspection or 

copying at U.S. Coast Guard Sector 

Portland, 6767 N. Basin Avenue, 

Portland, Oregon 97217 between 7 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Petty Officer Lucia Mack, c/o Captain of 

the Port, Portland, 6767 N. Basin 

Avenue, Portland, Oregon 97217 (503–

240–2590). 

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. If normal 

notice and comment procedures were 

followed, this rule would not become 

effective until after the date of the event. 

Publishing an NPRM would be contrary 

to the public interest because immediate 

action is necessary to ensure the safety 

of vessels and spectators gathering in 

the vicinity of the fireworks launching 

barge. 

Background and Purpose 

The Coast Guard is establishing a 

temporary safety zone to protect against 

the hazards associated with a fireworks 

display. This event occurs on the 

Siuslaw River in Florence, Oregon and 

is scheduled to start at 10 p.m. and end 

at approximately 10:15 p.m. on May 9, 

2007. This event may result in a number 

of vessels congregating near the 

fireworks launching site. The safety 

zone is needed to protect watercraft and 

their occupants from safety hazards 

associated with fireworks displays. 

Discussion of Rule 

This rule establishes a safety zone to 

protect vessels and individuals from the 

hazards associated with a fireworks 

display. The safety zone will be located 

on the waters of the Siuslaw River in 

Florence, Oregon, encompassed by lines 

connecting the following points, 

beginning at 43°28′20′′ N/124°04′46′′ W, 

thence to 43°25′07′′ N/124°04′40′′ W, 

thence to 43°57′48′′ N/124°05′54′′ W, 

thence to 43°28′05′′ N/124°05′54′′ W, 

thence to the beginning point. This 

safety zone will commence prior to the 

launching of the fireworks in order to 

clear boaters out of the area for their 

own protection, and will last longer 

than the scheduled event time in case 

the fireworks display lasts longer than 

anticipated. 

Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Portland, or his designated 

representative. The safety zone will be 

enforced by representatives of the 

Captain of the Port, Portland, who may 

be assisted by other Federal, State, and 

local agencies. 

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. The rule is not significant 

because the safety zone will encompass 

a small portion of the river for a short 

duration when the vessel traffic is low. 

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 affected portion of the Siuslaw River 

from 8:30 p.m. to 11:30 p.m. on May 9, 

2007. This 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 3 hours late in the day 

when vessel traffic is low. Although the 

safety zone will apply to the entire 

width of the river, traffic will be 

allowed to pass through the zone with 

the permission of the Captain of the 

Port, or his designated representatives 

on scene, if it is safe to do so. Before the 

effective period, the Coast Guard will 

issue maritime advisories widely 

available to users of the river. 

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 can 

better evaluate its effects on them and 

participate in the rulemaking process. If 

the rule will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 


cprice-sewell on PROD1PC61 with RULES
16276 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 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 

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 because it establishes a 

safety zone. A final ‘‘Environmental 

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. 

■ 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: 

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. Add temporary § 165.T13–008 to 

read as follows: 

§ 165.T13–008 Safety Zone; Florence 

Rhodie Days Fireworks Display, Siuslaw 

River, Florence, Oregon. 

(a) Location. The following area is a 

safety zone: the waters of the Siuslaw 

River in Florence, Oregon, from surface 

to bottom, encompassed by the lines 

connecting the following points, 

beginning at 43°28′20′′ N/124°04′46′′ W, 

thence to 43°25′07′′ N/124°04′40′′ W, 

thence to 43°57′48′′ N/124°05′54′′ W, 

thence to 43°28′05′′ N/124°05′54′′ W, 

thence to the beginning point. 

(b) Regulations. (1) In accordance 

with the general regulations in Section 

165.23 of this part, no person or vessel 

may enter or remain in this zone unless 

authorized by the Captain of the Port, 

Portland or his designated 

representatives. 

(2) Designated representative means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers or other officers operating Coast 

Guard vessels and Federal, State, and 

local officers designated by or assisting 

the Captain of the Port, Portland in the 

enforcement of the safety zone. 

(c) Enforcement Period. This 

regulation will be enforced from 8:30 

p.m. until 11:30 p.m. (PDT) on May 9, 

2007. 


cprice-sewell on PROD1PC61 with RULES
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16277 

Dated: March 21, 2007. 

Patrick G. Gerrity, 

Captain, U.S. Coast Guard, Captain of the 

Port. 

[FR Doc. E7–6145 Filed 4–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2006–0783; FRL–8120–5] 

Bacillus thuringiensis Vip3Aa20 

Protein and the Genetic Material 

Necessary for its Production in Corn; 

Temporary Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of the Bacillus thuringiensis Vip3Aa20 

protein and the genetic material 

necessary for its production in corn 

when applied or/used as a plantincorporated protectant. Syngenta 

Seeds, Inc. submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA), requesting the temporary 

tolerance exemption. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of Bacillus thuringiensis Vip3Aa20 

protein and the genetic material 

necessary for its production in corn 

when applied or/used as a plantincorporated protectant on field corn, 

sweet corn, and popcorn. The temporary 

tolerance exemption expires on March 

31, 2008. 

DATES: This regulation is effective April 

4, 2007. Objections and requests for 

hearings must be received on or before 

June 4, 2007, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0783. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Alan Reynolds, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 605–0515; e-mail address: 

reynolds.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this ‘‘Federal Register’’ document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 174 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ–

OPP–2006–0783 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before June 4, 2007. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2006–0783, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305–

5805. 


cprice-sewell on PROD1PC61 with RULES