Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations 20051 

Dated: April 12, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E7–7667 Filed 4–20–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–038] 

RIN 1625–AA00 

Security Zone: Queen of England Visit, 

Jamestown Island, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The United States Coast 

Guard is establishing a 500-yard 

security zone encompassing waters in 

the vicinity of Church Point on 

Jamestown Island, VA, for the Queen of 

England’s visit to Jamestown Island, VA. 

This action is intended to restrict vessel 

traffic within the 500-yard security zone 

described herein. This security zone is 

necessary to protect attendees of this 

event from potential maritime hazards 

and threats, and to enhance public and 

maritime security. 

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

on May 3, 2007, until 8 p.m. on May 4, 

2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

038 and are available for inspection or 

copying at USCG Sector Hampton 

Roads, 4000 Coast Guard Blvd., 

Portsmouth, Virginia, 23703, between 

9:30 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Thomas Tarrants, Enforcement 

Branch Chief, U.S. Coast Guard Sector 

Hampton Roads, Virginia at (757) 483–

8571. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

Pursuant to 5 U.S.C. 553(b)(B), a 

notice of proposed rulemaking (NPRM) 

was not published for this regulation. 

Good cause exists for not publishing a 

NPRM. Any delay encountered in this 

regulation’s effective date by publishing 

an NPRM would be contrary to the 

public interest, since immediate action 

is needed to prevent mariners and 

vessels from entering waters within a 

500-yard radius of 37–12.45N, 076–

46.66W on Jamestown Island, VA, in 

order to provide for the security of this 

event and its attendees. 

For the same reasons good cause 

exists for making this regulation 

effective less than 30 days after Federal 

Register publication under 5 U.S.C. 

553(d)(3). 

Background and Purpose 

Following terrorist attacks on the 

United States in September 2001, there 

is now a heightened awareness that 

vessels or persons could engage in 

subversive activity against targets ashore 

in the United States. This regulation is 

necessary to protect the Queen of 

England’s visit to Jamestown Island, VA, 

from potential maritime threats. This 

temporary security zone will only be in 

effect from 8 a.m. on May 3, 2007, until 

8 p.m. on May 4, 2007. This zone will 

have minimal impact on vessel transits 

because vessels can safely transit 

around the zone and they are not 

precluded from using any portion of the 

waterway except the security zone area 

itself. Additionally, public notifications 

announcing this regulation will be made 

via marine information broadcasts prior 

to the zone taking effect. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary security zone on specified 

waters to provide protection to the 

Queen of England and other dignitaries 

visiting Jamestown Island. The security 

zone is effective from 8 a.m. on May 3, 

2007, until 8 p.m. on May 4, 2007. The 

security zone encompasses all waters off 

Jamestown Island, VA, within a 500- 

yard radius of Church Point at 37–12.45 

N, 076–46.66 W. No persons or vessels 

may enter or remain in the regulated 

area without authorization by the 

Captain of the Port, Hampton Roads, or 

his designated representative. 

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 rule 

restricts access to the regulated area, the 

effect of this rule will not be significant 

because: (i) The COTP may authorize 

access to the security zone; (ii) the 

security zone will be in effect for a 

limited duration; (iii) 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 will not have 

a significant economic impact on a 

substantial number of small entities. 

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 the described portion of the 

security zone between 8 a.m. on May 3, 

2007, to 8 p.m. on May 4, 2007. The 

security zone will not have a significant 

impact on a substantial number of small 

entities because the zone does not 

encompass a high vessel traffic area, and 

will only be in place for approximately 

2-days. Maritime advisories will also be 

issued, so the 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 want 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 LCDR 

Thomas Tarrants, Enforcement Branch 

Chief, U.S. Coast Guard Sector Hampton 

Roads, Virginia at (757) 483–8571. 

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 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 U.S. 


cprice-sewell on PRODPC74 with RULES
20052 Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations 

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 

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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs 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 M16475.1D, 

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. Under figure 2–1, 

paragraph 34(g) of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule because it concerns an emergency 

situation of less than 1 week in 

duration. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting & recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 subpart D 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.T07–038, to 

read as follows: 

§ 165.T07–038 Security Zone: Jamestown 

Island, VA. 

(a) Location. The following area is a 

security zone: All waters within a 500- 

yard radius of Church Point at 37–12.45 

N, 076–46.66 W on Jamestown Island, 

VA. 

(b) Definition. As used in this section, 

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) Regulation. (1) In accordance with 

the general regulations in 165.30 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads, Virginia, or his 

designated representative. 

(2) The operator of any vessel in the 

immediate vicinity of this security zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a U.S. 

Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a U.S. 

Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads, Virginia can be contacted at 

telephone number (757) 668–5555. 

(4) U.S. Coast Guard vessels enforcing 

the security zone can be contacted on 

VHF–FM marine band radio, channel 13 

(156.65 MHz) and channel 16 (156.8 

MHz). 

(d) Enforcement period. This 

regulation will be enforced from 8 a.m. 

to 8 p.m. on May 3, 2007, and from 8 

a.m. until 8 p.m. on May 4, 2007. 

(e) Effective period. This regulation is 

effective from 8 a.m. to on May 3, 2007, 

until 8 p.m. on May 4, 2007. 


cprice-sewell on PRODPC74 with RULES
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations 20053 

Dated: April 6, 2007. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E7–7670 Filed 4–20–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–015] 

RIN 1625–AA00 

Security Zone: America’s 400th 

Celebration, Jamestown, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The United States Coast 

Guard is establishing a security zone 

encompassing waters within 2-nautical 

miles of Church Point at 37–12.45N, 

076–46.66W, Jamestown Island, VA, for 

America’s 400th Anniversary 

celebration. This action is intended to 

restrict vessel traffic within the security 

zone. This security zone is necessary to 

protect attendees of this event from 

potential maritime hazards and threats 

and enhance public and maritime 

security. 

DATES: This rule is effective from 3 p.m. 

on May 11, 2007 until 10 p.m. on May 

13, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

015 and are available for inspection or 

copying at USCG Sector Hampton 

Roads, 4000 Coast Guard Blvd., 

Portsmouth, Virginia 23703, between 

9:30 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Thomas Tarrants, Enforcement 

Branch Chief, U.S. Coast Guard Sector 

Hampton Roads, Virginia at (757) 483–

8571. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 12, 2007, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Security Zone: America’s 

400th Celebration, Jamestown, VA,’’ in 

the Federal Register (72 FR 10958). We 

received no letters commenting on the 

proposed rule. No public hearing was 

requested, and none was held. 

Background and Purpose 

Following terrorist attacks on the 

United States in September 2001, there 

is now a heightened awareness that 

vessels or persons could engage in 

subversive activity against targets ashore 

in the United States. This regulation is 

necessary to protect attendees of 

America’s 400th Anniversary 

celebration on Jamestown Island, VA, 

from potential maritime threats. This 

temporary security zone will only be in 

effect from 3 p.m. on May 11, 2007 until 

10 p.m. on May 13th, 2007. This zone 

will have minimal impact on vessel 

transits because vessels can request 

authorization from the Captain of the 

Port (COTP) to safely transit through the 

zone and they are not precluded from 

using any portion of the waterway 

except the security zone area itself. 

Additionally, public notifications 

announcing this regulation will be made 

via marine information broadcasts prior 

to the zone taking effect. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments from the public regarding the 

Notice of Proposed Rulemaking. As no 

public comments were received, no 

changes were made to the Notice of 

Proposed Rulemaking. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary security zone on specified 

waters to provide protection to 

dignitaries visiting Jamestown Island. 

The security zone will be effective from 

3 p.m. on May 11, 2007, until 10 p.m. 

on May 13, 2007. The security zone will 

be enforced from 3 p.m. until 10 p.m. 

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

on May 12, 2007; and from 9 a.m. to 10 

p.m. on May 13, 2007. 

The security zone will encompass all 

waters around Jamestown Island, VA 

within a 2-nautical mile radius of 

Church Point at 37–12.45N, 076–

46.66W. No persons or vessels may 

enter or remain in the regulated area 

without authorization by the Captain of 

the Port, Hampton Roads, or his 

designated representative. 

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 

rulemaking restricts access to the 

regulated area, the effect of this 

rulemaking will not be significant 

because: (i) The COTP may authorize 

access to the security zone; (ii) the 

security zone will be in effect for a 

limited duration; (iii) 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 will not have 

a significant economic impact on a 

substantial number of small entities. 

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 the described portion of the 

security zone between 3 p.m. on May 

11, 2007, to 10 p.m. on May 13, 2007. 

The security zone will not have a 

significant impact on a substantial 

number of small entities because the 

zone does not encompass a high vessel 

traffic area, and vessels can request 

authorization from the COTP to enter 

the zone. Maritime advisories will also 

be issued, so the 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 want 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 

rulemaking would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact LCDR 

Thomas Tarrants, Enforcement Branch 

Chief, U.S. Coast Guard Sector Hampton 

Roads, Virginia at (757) 483–8571. 

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 


cprice-sewell on PRODPC74 with RULES