Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations 20047 

temporary exemption from the 

registration requirement will also be 

provided for those persons whose 

application for exemption are denied, 

provided that DEA receives a properly 

completed application for registration 

on or before 30 days following the date 

of official DEA notification that the 

application for exemption has been 

denied. The temporary exemption for 

such persons will remain in effect until 

DEA takes final action on their 

registration application. 

■ 5. Section 1310.12 is amended by 

adding in alphabetical order in the table 

in paragraph (c) an entry for ‘‘Nphenethyl-4-piperidone (NPP)’’ to read 

as follows: 

§ 1310.12 Exempt chemical mixtures. 

* * * * * 

(c) * * * 

TABLE OF CONCENTRATION LIMITS

DEA chemical 

code No. Concentration Special conditions 

* * * * * * * 

N-phenethyl-4-piperidone (NPP) ............ 8332 ................. Not exempt at any concentration ........... Chemical mixtures containing any 

amount of NPP are not exempt. 

* * * * * * * 

* * * * * 

Dated: April 11, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 07–2015 Filed 4–20–07; 8:45 am] 

BILLING CODE 4410–09–C 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD13–07–013] 

RIN 1625–AA00 

Special Local Regulation: ULHRA 

Hydroplane Races, Columbia Park, 

Kennewick, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for the ULHRA National 

Series Hydroplane Race to be held on 

the waters of the Columbia River in the 

vicinity of Columbia Park, Kennewick, 

WA. These special local regulations 

limit the movement of non-participating 

vessels in the regulated race area. This 

temporary rule is needed to provide for 

the safety of life on navigable waters 

during the event. 

DATES: This regulation is effective from 

7 a.m. to 7 p.m. on May 19 and 20, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket (CGD13–07–

013) and are available for inspection or 

copying at U.S. Coast Guard MSO/ 

Group 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 Michelle Duty, 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) and 

5 U.S.C. 553 (d)(3), the Coast Guard 

finds that good cause exists for not 

publishing an NPRM and for making 

this rule effective less than 30 days after 

publication in the Federal Register. 

Publishing an NPRM would be contrary 

to public interest since immediate 

action is necessary to ensure the safety 

of vessels and spectators. If normal 

notice and comment procedures were 

followed, this rule would not become 

effective until after the date of the event. 

For this reason, following normal 

rulemaking procedures in this case 

would be impracticable and contrary to 

the public interest. 

Background and Purpose 

The Coast Guard is establishing a 

temporary special local regulation to 

allow for a safe racing event. This event 

occurs on the Columbia River in Lake 

Wallula in the vicinity of Columbia Park 

in Kennewick, WA and is scheduled to 

start at 7 a.m. and last until 7 p.m. on 

May 19 and 20, 2007. This event may 

result in a number of recreational 

vessels congregating near the 

hydroplane races. The hydroplane race 

poses several dangers to the public 

including excessive noise, objects 

falling from any accidents, and 

hydroplanes racing at high speeds in 

proximity to other vessels. Accordingly, 

the special local regulation is needed to 

protect watercraft and their occupants 

from safety hazards associated with the 

event. This special local regulation will 

be enforced by representatives of the 

Captain of the Port, Portland, Oregon. 

The Captain of the Port may be assisted 

by other federal, state, and local 

agencies. 

Discussion of Rule 

This temporary rule will create a 

regulated area to assist in minimizing 

the inherent dangers associated with 

hydroplane races. These dangers 

include, but are not limited to, excessive 

noise, race craft traveling at high speed 

in close proximity to one another and to 

spectator craft, and the risk of airborne 

objects from any accidents associated 

with hydroplanes. In the event that 

hydroplanes require emergency 

assistance, rescuers must have 

immediate and unencumbered access to 

the craft. The Coast Guard, through this 

action, intends to promote the safety of 

personnel, vessels, and facilities in the 

area. Due to these concerns, public 

safety requires these regulations to 

provide for the safety of life on the 

navigable waters. 

Regulatory Evaluation 

This temporary 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 temporary rule to be so minimal 


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20048 Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations 

that a full Regulatory Evaluation under 

the regulatory policies and procedures 

of DHS is unnecessary. This expectation 

is based on the fact that the regulated 

area established by this rule 

encompasses an area on the Columbia 

River near Columbia Park in 

Kennewick, WA not frequented by 

commercial navigation. The regulation 

is established for the benefit and safety 

of the recreational boating public, and 

any negative recreational boating impact 

is offset by the benefits of allowing the 

hydroplanes to race. This rule would be 

enforced from 7 a.m. to 7 p.m. each day 

on May 19 and 20, 2007. For the above 

reasons, the Coast Guard does not 

anticipate any significant economic 

impact. 

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 

a portion of the Columbia River during 

the time mentioned under Background 

and Purpose. This special local 

regulation will not have a significant 

economic impact on a substantial 

number of small entities due to its short 

duration and small area. The only 

vessels likely to be impacted will be 

recreational boaters, small passenger 

vessel operators, and a ferry that runs 

through the regulated area twice a day. 

The event is held for the benefit and 

entertainment of those above categories. 

Because the impacts of this proposal are 

expected to be so minimal, the Coast 

Guard certifies under 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) that this temporary rule will not 

have a significant economic impact on 

a substantial number of small entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this temporary rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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 this rule does not have 

implications for federalism under that 

Order. 

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 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 concern 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. 


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Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations 20049 

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 M16475.1D 

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. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h) of Commandant Instruction 

M16475.1D, 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 record keeping 

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.T13–009 to 

read as follows: 

§ 100.T13–009 ULHRA Hydroplane Races 

Columbia Park, Kennewick, WA. 

(a) Regulated Area: The regulated area 

is defined as the waters of the Columbia 

River from bank to bank in the vicinity 

of Columbia Park on Lake Wallula in 

Kennewick, Washington commencing at 

the Interstate 395 Bridge and continuing 

up river 2.0 miles and terminating at the 

northern end of Hydro Island. 

(b) Special Local Regulations. This 

event will take place from 7 a.m. to 

approximately 7 p.m. May 19–20, 2007, 

in the described waters of the Columbia 

River Kennewick, Washington. 

(3) No persons may enter or remain in 

the regulated area except for 

participants in the event, supporting 

personnel, vessels registered with the 

event organizer, and personnel or 

vessels authorized by the Coast Guard 

Patrol Commander. 

(4) The Coast Guard Patrol 

Commander is a commissioned, 

warrant, petty officer, or auxiliarist of 

the Coast Guard who has been 

designated by Commander, Coast Guard 

Sector Portland. A Coast Guard 

Auxiliarist, when so appointed by the 

COTP per 14 U.S.C. 831, may act as the 

Patrol Commander. The Patrol 

Commander is empowered to control 

movement of vessels in the regulated 

area and adjoining waters during the 

hours these regulations are in effect. 

(5) A succession of sharp, short 

signals by whistle, siren, or horn from 

vessels patrolling the area shall serve as 

a signal to stop. Vessels or persons 

signaled shall stop and shall comply 

with the orders of the patrol vessels. 

Failure to due so may result in the 

expulsion from the area, citation, for 

failure to comply or both. 

(6) Any spectator vessel may anchor 

outside the regulated area specified in 

paragraph (a)(1) of this section but, may 

not block a navigable channel. 

Dated: April 6, 2007. 

R.R. Houck, 

Rear Admiral, U.S. Coast Guard Commander, 

13th Coast Guard District. 

[FR Doc. E7–7625 Filed 4–20–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[COTP San Francisco Bay 07–009] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Opening Day on San Francisco 

Bay, Corinthian Yacht Club, San 

Francisco Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulations for the 

annual ‘‘Opening Day on San Francisco 

Bay’’ sponsored by the Pacific InterClub Yacht Association and Corinthian 

Yacht Club in the navigable waters of 

San Francisco Bay on April 29, 2007. 

This action is necessary to control 

vessel traffic and to ensure the safety of 

event participants and spectators during 

the parade of boats. During the 

enforcement period spectator vessels 

may not anchor, block, loiter, nor 

impede the through transit of 

participants or official patrol vessels 

within the area described during the 

event without permission from the 

Coast Guard Patrol Commander. 

DATES: The regulations in 33 CFR 

100.1103 will be enforced from 12 p.m. 

to 2 p.m. on April 29, 2007. 

FOR FURTHER INFORMATION CONTACT: ENS 

Sheral Richardson, Waterways 

Management Branch, U.S. Coast Guard 

Sector San Francisco, at (415) 556–2950 

extension 140. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations for the Opening Day on San 

Francisco Bay in 33 CFR 100.1103 on 

April 29, 2007 from 12 p.m. to 2 p.m. 

in the waters of San Francisco Bay, 

Crissy Fields, and near Pier 35. 

The Coast Guard has granted the 

event sponsor a marine event permit for 

the waterfront festival. Under the 

provisions of 33 CFR 100.1103, 

spectator vessels may not anchor, block, 

loiter, nor impede the through transit of 

participants or official patrol vessels 

within the area described during the 

event without permission from the 

Coast Guard Patrol Commander. Vessels 

entering the ‘‘Opening Day on San 

Francisco Bay’’ regulated area shall 

follow the parade route established by 

the sponsor and be capable of 

maintaining an approximate speed of 

six (6) knots. The parade will be 

interrupted, as necessary, to permit the 

passage of commercial vessel traffic, 

which must cross the parade route at a 

no-wake speed and perpendicular to the 

parade route. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

these regulations. 

This notice is issued under authority 

of 33 CFR 100.1103 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the maritime community will 

be provided advance notification of 

these events via a Broadcast Notice to 

Mariners. If the Captain of the Port 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice, he may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: 12 April 2007. 

W.J. Uberti, 

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

Port, San Francisco. 

[FR Doc. E7–7694 Filed 4–20–07; 8:45 am] 

BILLING CODE 4910–15–P 


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