Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations 15837 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 12:01 a.m. to 

11:59 p.m. local time annually on July 

4. 

Dated: March 16, 2007. 

Brian D. Kelley, 

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

Port, Baltimore, Maryland. 

[FR Doc. E7–6097 Filed 4–2–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CCGD05–07–024] 

RIN 1625–AA00 

Safety Zone: Celebration 2007, 

Appomattox River, Hopewell, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a 600 foot radius safety 

zone in the vicinity of Hopewell, VA 

centered on position 37°–19′–11′′ N/ 

077°–16′–55′′ W on May 12, 2007 in 

support of the Celebration 2007 event. 

This action is intended to restrict vessel 

traffic movement on the Appomattox 

River to protect mariners from the 

hazards associated with fireworks 

displays. 

DATES: This rule is effective from 8:30 

p.m. to 9:30 p.m. on May 12, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket [CGD05–07–

024] and are available for inspection or 

copying at Coast Guard Sector Hampton 

Roads, Norfolk Federal Building, 200 

Granby St., 7th Floor, Norfolk, VA 

23510 between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Junior Grade TaQuitia Winn, 

Assistant Chief, Waterways 

Management Division, Sector Hampton 

Roads at (757) 668–5580. 

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. 

Insufficient time existed for publication 

of an NPRM and a final rule. Delaying 

this rule would be contrary to the public 

interest since immediate action is 

needed to minimize potential danger to 

the public during the fireworks 

demonstration. 

Background and Purpose 

On May 12, 2007, the city of 

Hopewell, VA will sponsor a fireworks 

display on the Appomattox River at 

position 37°–19′–11′′ N/077°–16′–55′′ W. 

Due to the need to protect mariners and 

spectators from the hazards associated 

with the fireworks display, vessel traffic 

will be temporarily restricted within a 

600 foot radius of the fireworks barge. 

Discussion of Rule 

The Coast Guard is establishing a 600 

foot radius safety zone on specified 

waters of the Appomattox River around 

the fireworks barge, centered on 

position 37°–19′–11′′ N/077°–16′–55′′ W 

in the vicinity of City Point, Hopewell, 

VA. This safety zone will be established 

in the interest of public safety during 

the Celebration 2007 event and will be 

enforced from 8:30 p.m. to 9:30 p.m. on 

May 12, 2007. General navigation 

within the safety zone will be restricted 

during the specified date and times. 

Except for participants and vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

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. Although this regulation restricts 

access to the safety zone, the effect of 

this rule will not be significant because: 

(i) The safety zone will be in effect for 

a limited duration; and (ii) 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 would not 

have a significant economic impact on 

a substantial number of small entities 

because the zone will only be in place 

for a limited duration and maritime 

advisories will be issued allowing the 

mariners to adjust their plans 

accordingly. 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 that 

portion of the Appomattox River subject 

to this rule from 8:30 p.m. to 9:30 p.m. 

on May 12, 2007. 

If you think the rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

Lieutenant Junior Grade TaQuitia Winn, 

Assistant Chief, Waterways 

Management Division, Sector Hampton 

Roads at (757) 668–5580. 

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. 

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 action by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 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 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 


rwilkins on PROD1PC63 with RULES
15838 Federal Register / Vol. 72, No. 63 / Tuesday, April 3, 2007 / Rules and Regulations 

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 

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. 

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 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 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.T05–024, to 

read as follows: 

§ 165.T05–024 Safety Zone: Celebration 

2007, Appomattox River, Hopewell, VA. 

(a) Location. The following area is a 

safety zone: All waters of the 

Appomattox River, from bottom to 

surface, located within 600 feet of 

position 37°–19′–11′′ N/077°–16′–55′′ W 

in the vicinity of City Point, Hopewell, 

VA. 

(b) Definition. Captain of the Port 

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555 or (757) 484–

8192. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM 13 and 16. 

(d) Effective date: This regulation is 

effective from 8:30 p.m. to 9:30 p.m. on 

May 12, 2007. 

Dated: March 21, 2007. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E7–6158 Filed 4–2–07; 8:45 am] 

BILLING CODE 4910–15–P 


rwilkins on PROD1PC63 with RULES