18120 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

■ 3. Table Four, Paragraph 16 of § 706.2 

is amended by adding, in numerical 

order, the following entry for USS 

SAMPSON: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Vessel Number Obstruction angle relative ship’s headings 

* * * * * * * 

USS SAMPSON ...................................................................................................... DDG 102 ................ 107.27 thru 112.50 [degrees]. 

* * * * * * * 

■ 4. Table Five of § 706.2 is amended by 

adding, in numerical order, the 

following entry for USS SAMPSON: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead 

lights not 

over all 

other lights 

and obstructions. 

Annex I, 

sec. 2(f) 

Forward 

masthead 

light not in 

forward 

quarter of 

ship. Annex 

I, sec. 3(a) 

After masthead light 

less than 

1/2 ship’s 

length aft of 

forward 

masthead 

light. Annex 

I, sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

* * * * * * * 

USS SAMPSON .............................................................. DDG 102 ............................ X X X 14.5 

* * * * * * * 

Approved: March 27, 2007. 

Gregg A. Cervi, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. E7–6738 Filed 4–10–07; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–013] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Western Branch, Elizabeth 

River, Portsmouth, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the regulations for 

the ‘‘Virginia State Hydroplane 

Championship’’ hydroplane races held 

annually on the waters of the Western 

Branch of the Elizabeth River at 

Portsmouth, Virginia. This action is 

necessary because the event will be held 

on April 21 and 22, 2007, instead of on 

April 27 and 28, 2007 as established by 

permanent regulation. This special local 

regulation is intended to restrict vessel 

traffic in portions of the Elizabeth River 

and is necessary to provide for the 

safety of life on navigable waters during 

the event. 

DATES: This rule is effective from 8 a.m. 

to 6 p.m. on April 21 and 22, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket (CGD05–07–

013) 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 March 2, 2007, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Western Branch, 

Elizabeth River, Portsmouth, VA in the 

Federal Register (72 FR 9477). We 

received no letters commenting on the 

proposed rule. No public meeting was 

requested, and none was held. 

Under 5 U.S.C. 553(d)(3), 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, support craft and other 

vessels transiting the event area. 

However, advance notifications will be 

made to affected waterway users via 

marine information broadcasts, area 

newspapers and local radio stations. 

Background and Purpose 

On April 21 and 22, 2007, Virginia 

Boat Racing Association will sponsor 

the ‘‘Virginia State Hydroplane 

Championship’’ hydroplane races on the 

waters of the Western Branch of the 

Elizabeth River at Portsmouth, Virginia. 

The event will consist of approximately 

75 hydroplane powerboats conducting 

high-speed competitive races on the 

Western Branch of the Elizabeth River 

in the vicinity of Portsmouth City Park, 


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 18121 

Portsmouth, Virginia. A fleet of 

spectator vessels is expected to gather 

near the event site to view the 

competition. The regulation at 33 CFR 

100.525 is effective annually for this 

marine event. Paragraph (c) of Section 

100.525 establishes the enforcement 

date for the hydroplane races. This 

regulation temporarily changes the 

permanent regulation so that the event 

may be held on April 21 and 22, 2007 

instead of the fourth Friday and 

following Saturday in April. The 

Virginia Boat Racing Association who is 

the sponsor for this event still intends 

to hold this event annually, however, 

this year they have requested a change 

in the date of the event for 2007. The 

change was requested to accommodate 

participation by all hydroplane 

participants. To provide for the safety of 

participants, spectators, support and 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the hydroplane 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 Western Branch, 

Elizabeth River, Portsmouth, Virginia. 

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 

proposed 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 Western Branch of the 

Elizabeth 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. 

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 


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18122 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

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 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. 

■ 2. In § 100.525: 

■ A. From 8 a.m. to 6 p.m. on April 21 

and 22, 2007, suspend paragraph (c); 

and 

■ B. From 8 a.m. to 6 p.m. on April 21 

and 22, 2007, add a new paragraph (d) 

to read as follows: 

§ 100.525 Western Branch, Elizabeth River, 

Portsmouth, Virginia. 

* * * * * 

(d) Enforcement period. This section 

will be enforced from 8 a.m. to 6 p.m. 

on April 21 and 22, 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 26, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–6780 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–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: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during 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: This rule is effective from 9 a.m. 

to 11 p.m. on May 12, 2007. If this event 

is postponed due to weather this 

temporary final rule will be effective 

from 9 a.m. to 11 p.m. on May 13, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

009 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, Inspections 

and Investigations Branch, at (757) 398–

6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On February 26, 2007, we published 

a notice of proposed rulemaking 

(NPRM) entitled Special Local 

Regulations for Marine Events; Martin 

Lagoon, Middle River, MD in the 

Federal Register (72 FR 8323). We 

received no letters commenting on the 

proposed rule. No public meeting was 

requested, and none was held. 

Background and Purpose 

On May 12, 2007 Baltimore County 

will sponsor the ‘‘Baltimore County 

Community Waterfront Festival’’. 

Various watercraft static displays and 

fire-rescue demonstrations will be 

staged within Martin Lagoon. The 

fireworks display will 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 event, 

vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

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 

the specified waters of Martin Lagoon, 

Middle River, 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 


cprice-sewell on PROD1PC71 with RULES