15832 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations 

consolidating and clarifying the 

previous orders. 

Existing § 560.521 of the ITR 

authorizes all transactions in connection 

with the importation into the United 

States from Iran, or the exportation from 

the United States to Iran, of diplomatic 

pouches and their contents. As with 

§ 538.516 of the SSR, OFAC is revising 

§ 560.521 of the ITR by re-designating 

the original section as § 560.521(a) and 

by adding a new paragraph (b). New 

§ 560.521(b) authorizes the exportation, 

reexportation, sale, or supply, directly 

or indirectly, from the United States or 

by a U.S. person, wherever located, of 

any goods or technology to a thirdcountry government, or to its 

contractors or agents, for shipment to 

Iran via a diplomatic pouch. It also 

authorizes, to the extent necessary, the 

shipment by a third-country government 

to Iran of U.S.-origin goods or 

technology in a diplomatic pouch. 

Public Participation 

Because the amendments of the SSR 

and the ITR involve a foreign affairs 

function, Executive Order 12866 and the 

provisions of the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date are 

inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the SSR and the ITR are contained in 

31 CFR part 501 (the ‘‘Reporting, 

Procedures and Penalties Regulations’’). 

Pursuant to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507), those 

collections of information have been 

approved by the Office of Management 

and Budget under control number 1505–

0164. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number. 

List of Subjects 

31 CFR Part 538 

Administrative practice and 

procedure, Banks, Banking, Blocking of 

assets, Exports, Foreign trade, 

Humanitarian aid, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Specially designated 

nationals, Sudan, Terrorism, 

Transportation. 

31 CFR Part 560 

Administrative practice and 

procedure, Banks, Banking, Brokers, 

Foreign Trade, Investments, Iran, Loans, 

Securities. 

■ For the reasons set forth in the 

preamble, the Office of Foreign Assets 

Control amends 31 CFR parts 538 and 

560 as follows: 

PART 538—SUDANESE SANCTIONS 

REGULATIONS 

■ 1. The authority citation for part 538 

continues to read as follows: 

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 

18 U.S.C. 2339B, 2332d; 50 U.S.C. 1601–

1651, 1701–1706; Pub. L. 106–387, 114 Stat. 

1549; E.O. 13067, 62 FR 59989, 3 CFR, 1997 

Comp., p. 230. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 2. Revise § 538.516 to read as follows: 

§ 538.516 Diplomatic pouches. 

The following transactions are 

authorized: 

(a) The importation into the United 

States from Sudan, or the exportation 

from the United States to Sudan, of 

diplomatic pouches and their contents; 

and 

(b) The exportation or reexportation, 

directly or indirectly, from the United 

States or by a U.S. person, wherever 

located, of any goods or technology to 

a third-country government, or to its 

contractors or agents, for shipment to 

Sudan via a diplomatic pouch. To the 

extent necessary, this section also 

authorizes the shipment of such goods 

or technology by the third-country 

government to Sudan via a diplomatic 

pouch. 

Note to paragraph (b) of § 538.516: The 

exportation or reexportation of certain U.S.- 

origin goods or technology to a third-country 

government, or to its contractors or agents, 

may require authorization by the U.S. 

Department of Commerce under the Export 

Administration Regulations (15 CFR parts 

730 et seq.). 

PART 560—IRANIAN TRANSACTIONS 

REGULATIONS 

■ 3. Revise the authority citation for part 

560 to read as follows: 

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; Pub. L. 

101–410, 104 Stat. 890 (28 U.S.C. 2461 note); 

Pub. L. 106–387, 114 Stat. 1549; E.O. 12957, 

60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 

12959, 60 FR 24757, 3 CFR, 1995 Comp., p. 

356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 

Comp., p. 217. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 4. Revise § 560.521 to read as follows: 

§ 560.521 Diplomatic pouches. 

The following transactions are 

authorized: 

(a) The importation into the United 

States from Iran, or the exportation from 

the United States to Iran, of diplomatic 

pouches and their contents; and 

(b) The exportation, reexportation, 

sale, or supply, directly or indirectly, 

from the United States or by a U.S. 

person, wherever located, of any goods 

or technology to a third-country 

government, or to its contractors or 

agents, for shipment to Iran via a 

diplomatic pouch. To the extent 

necessary, this section also authorizes 

the shipment of such goods or 

technology by the third-country 

government to Iran via a diplomatic 

pouch. 

Note to paragraph (b) of § 560.521: The 

exportation or reexportation of certain U.S.- 

origin goods or technology to a third-country 

government, or to its contractors or agents, 

may require authorization by the U.S. 

Department of Commerce under the Export 

Administration Regulations (15 CFR parts 

730 et seq.). 

Dated: February 23, 2007. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E7–6155 Filed 4–2–07; 8:45 am] 

BILLING CODE 4811–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–028] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Roanoke River, Plymouth, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘Plymouth Drag 

Boat Race’’, a power boat race to be held 

on the waters of the Roanoke River, 

Plymouth, North Carolina. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in portions of the Roanoke River 

adjacent to Plymouth, North Carolina 

during the power boat race. 

DATES: This rule is effective from 10 

a.m. to 8:30 p.m. on May 6, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations 15833 

docket are part of docket [CGD05–07–

028] 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: D. 

M. Sens, Project Manager, Vessel 

Compliance and Inspection Branch, at 

(757) 398–6204. 

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, publishing 

an NPRM would be impracticable and 

contrary to public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

event. The necessary information to 

determine whether the marine event 

poses a threat to persons and vessels 

was not provided with sufficient time to 

publish an NPRM. The danger posed by 

drag boat racing makes special local 

regulations necessary to provide for the 

safety of spectator craft 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 event. The Coast Guard 

will issue broadcast notice to mariners 

to advise vessel operators of 

navigational restrictions. On scene Coast 

Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

Under 5 U.S.C. 553(d)(3) and for the 

same reasons, the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

spectator craft and other vessels 

transiting the event area. However 

advance notifications will be made to 

users of the Roanoke River via marine 

information broadcasts, local notice to 

mariners, commercial radio stations and 

area newspapers. 

Background and Purpose 

On May 6, 2007 the Outboard Drag 

Boat Association will sponsor the 

‘‘Plymouth Drag Boat Race’’ on the 

waters of the Roanoke River. The event 

will consist of approximately 30 drag 

boats racing in heats. A fleet of spectator 

vessels is anticipated to gather nearby to 

view the competition. Due to the need 

for vessel control during the event, 

vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

Discussion of Rule 

The Coast Guard is establishing 

special local regulations on specified 

waters of the Roanoke River adjacent to 

Plymouth, North Carolina. The 

regulated area includes a section of the 

Roanoke River approximately one mile 

long and bounded in width by each 

shoreline. The rule would be enforced 

from 10 a.m. until 8:30 p.m. on May 6, 

2007, and would restrict general 

navigation in the regulated area during 

the drag boat race. The Coast Guard, at 

its discretion, when practical would 

allow the passage of vessels when races 

are not taking place. Except for 

participants and vessels authorized by 

the Coast Guard Patrol Commander, no 

person or vessel would be allowed to 

enter or remain in the regulated area 

during the enforcement period. These 

regulations are needed to control vessel 

traffic during the events to enhance the 

safety of participants, spectators 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. 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. 

Although this regulation restricts 

vessel traffic from transiting Roanoke 

River 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 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 Martin 

Lagoon during the event. 

This 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 10 

a.m. to sunset on May 6, 2007. Before 

the enforcement period, we will issue 

maritime advisories so 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 offered 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 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. 

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 


rwilkins on PROD1PC63 with RULES
15834 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations 

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, 

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. 

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 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add temporary § 100.35–T05–028 

to read as follows: 

§ 100.35–T05–028 Roanoke River, 

Plymouth, North Carolina. 

(a) Regulated area. The regulated area 

includes all waters of Roanoke River 

commencing at the north river bank at 

latitude 35°52′20′′ N, longitude 

076°44′47′′ W, thence a line 180 degree 

due south across the river to the 

shoreline thence west along the 

shoreline to a position located at 

latitude 35°51′43′′ N, longitude 

076°43′45′′ W, thence 000 degrees due 

north across the river to the shoreline 

thence east along the shoreline to the 

point of origin. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: 

(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 North Carolina. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector North Carolina 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 10 a.m. to 8:30 

p.m. on May 6, 2007. 

Dated: March 20, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–6096 Filed 4–2–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–06–105] 

RIN 1625–AA87 

Security Zone; Georgetown Channel, 

Potomac River, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 


rwilkins on PROD1PC63 with RULES