25214 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

not be reduced if it were continued. The 

applicant must conduct the following 

test sequence four times, for a total time 

of not less than 120 minutes: 

* * * * * 

(4) 30-minute OEI power, continuous 

OEI power, or maximum continuous 

power. Five minutes at whichever is the 

greatest of rated 30-minute OEI power, 

rated continuous OEI power, or rated 

maximum continuous power, except 

that, during the first test sequence, this 

period shall be 65 minutes. However, 

where the greatest rating power is 30- 

minute OEI power, that sixty-five 

minute period shall consist of 30 

minutes at 30-minute OEI power 

followed by 35 minutes at whichever is 

the greater of continuous OEI power or 

maximum continuous power. 

* * * * * 

(8) Idle. One minute at flight idle. 

* * * * * 

8. Amend § 33.88 by removing 

paragraph (b), redesignating (c) and (d) 

as paragraphs (b) and (c), respectively; 

and revising the text of the paragraph (a) 

and the new paragraph (b) to read as 

follows: 

§ 33.88 Engine overtemperature test. 

(a) In addition to the test requirements 

for the ratings as provided in paragraph 

(b) of this section, each engine must run 

for 5 minutes at maximum permissible 

rpm with the gas temperature at least 75 

°F (42 °C) higher than the maximum 

rating’s steady-state operating limit. 

Following this run, the turbine assembly 

must be within serviceable limits. 

(b) Each engine for which 30-second 

OEI and 2-minute OEI ratings are 

desired, that incorporates a means for 

automatic temperature control within its 

operating limitations in accordance with 

§ 33.67(d), must run for a period of 4 

minutes at the maximum power-on rpm 

with the gas temperature at least 35 °F 

(19 °C) higher than the maximum 

operating limit at 30-second OEI rating. 

Following this run, the turbine assembly 

may exhibit distress beyond the limits 

for an overtemperature condition 

provided the engine is shown by 

analysis or test, as found necessary by 

the FAA, to maintain the integrity of the 

turbine assembly. 

* * * * * 

9. Revise § 33.93(b)(2) to read as 

follows: 

§ 33.93 Teardown inspection. 

* * * * * 

(b) * * * 

(2) Each engine may exhibit 

deterioration in excess of that permitted 

in paragraph (a)(2) of this section, 

including some engine parts or 

components that may be unsuitable for 

further use. The applicant must show by 

inspection, analysis, test, or by any 

combination thereof as found necessary 

by the FAA, that structural integrity of 

the engine is maintained; or 

* * * * * 

10. Amend Appendix A to part 33 by 

revising A33.4 to read as follows: 

Appendix A to Part 33—Instructions for 

Continued Airworthiness 

* * * * * 

A33.4 AIRWORTHINESS LIMITATIONS 

SECTION 

The Instructions for Continued 

Airworthiness must contain a section titled 

Airworthiness Limitations that is segregated 

and clearly distinguishable from the rest of 

the manual. 

(a) For all engines: 

(1) The Airworthiness Limitations section 

must set forth each mandatory replacement 

time, inspection interval, and related 

procedure required for type certification. If 

the Instructions for Continued Airworthiness 

consist of multiple documents, the section 

required under this paragraph must be 

included in the principal manual. 

(2) This section must contain a legible 

statement in a prominent location that reads: 

‘‘The Airworthiness Limitations section is 

FAA approved and specifies maintenance 

required under §§ 43.16 and 91.403 of Title 

14 of the Code of Federal Regulations unless 

an alternative program has been FAA 

approved.’’ 

(b) For rotorcraft engines having 30-second 

OEI and 2-minute OEI ratings: 

(1) The Airworthiness Limitations section 

must also prescribe the mandatory post-flight 

inspections and maintenance actions 

associated with any use of either 30-second 

OEI or 2-minute OEI ratings. The applicant 

must validate the adequacy of these 

inspections and maintenance actions; and 

(2) The applicant must establish an inservice engine evaluation program to ensure 

the continued adequacy of the data for 

§ 33.5(b)(4) pertaining to power availability 

and the adequacy of the instructions for 

mandatory post flight inspection and 

maintenance actions. The program must 

include service engine tests or equivalent 

service engine test experience on engines of 

similar design and evaluations of service 

usage of the 30-second OEI or 2-minute OEI 

ratings. 

Issued in Washington, DC, on April 13, 

2007. 

John J. Hickey, 

Director, Aircraft Certification Service. 

[FR Doc. E7–7943 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–032] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Pamlico River, Washington, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for the ‘‘SBIP—Fountain 

Powerboats Kilo Run and Super Boat 

Grand Prix’’, a marine event to be held 

August 3 and August 5, 2007, on the 

waters of the Pamlico River, near 

Washington, 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 Pamlico River 

during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 4, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004; hand-deliver them to 

Room 415 at the same address between 

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

Friday, except Federal holidays; fax 

them to (757) 398–6203; or e-mail them 

to Dennis.M.Sens@uscg.mil. The 

Inspections and Investigations Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

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

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–07–032), 


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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 25215 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the Coast 

Guard at the address listed under 

ADDRESSES explaining why one would 

be beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

On August 3 and August 5, 2007, 

Super Boat International Productions 

Inc. will sponsor the ‘‘SBIP—Fountain 

Super Boat Kilo Run and Super Boat 

Grand Prix’’, on the Pamlico River, near 

Washington, North Carolina. The event 

will consist of approximately 40 highspeed powerboats racing in heats along 

a 5-mile oval course on August 3 and 5, 

2007. Preliminary speed trials along a 

straight one-kilometer course will be 

conducted on August 3, 2007. 

Approximately 20 boats will participate 

in the speed trials. Approximately 100 

spectator vessels will gather nearby to 

view the speed trials and the race. If 

either the speed trials or races are 

postponed due to weather, they will be 

held the next day. During the speed 

trials and the races, vessel traffic will be 

temporarily restricted to provide for the 

safety of participants, spectators and 

transiting vessels. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the Pamlico River 

near Washington, North Carolina. The 

temporary special local regulations will 

be enforced from 6:30 a.m. to 12:30 p.m. 

on August 3, 2007, and from 10:30 a.m. 

to 4:30 p.m. on August 5, 2007. If either 

the speed trials or races are postponed 

due to weather, then the temporary 

special local regulations will be 

enforced during the same time period 

the next day. The effect of the temporary 

special local regulations will be to 

restrict general navigation in the 

regulated area during the speed trials 

and races. Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

Non-participating vessels will be 

allowed to transit the regulated area 

between races, when the Coast Guard 

Patrol Commander determines it is safe 

to do so. These regulations are needed 

to control vessel traffic during the event 

to enhance the safety of participants, 

spectators and transiting vessels. 

Regulatory Evaluation 

This proposed 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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this proposed regulation 

will prevent traffic from transiting a 

portion of the Pamlico River near 

Washington, North Carolina 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. Extensive advance 

notifications will be made to the 

maritime community via Local Notice to 

Mariners, marine information 

broadcasts, local radio stations and area 

newspapers, so mariners can adjust 

their plans accordingly. Vessel traffic 

may be able to transit the regulated area 

between races, when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to transit 

this section of the Pamlico River during 

the event. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced for only a short period, from 

6:30 a.m. to 12:30 p.m. on August 3, 

2007 and from 10:30 a.m. to 4:30 p.m. 

on August 5, 2007. The regulated area 

will apply to a segment of the Pamlico 

River near the Washington, North 

Carolina waterfront. Marine traffic may 

be allowed to pass through the regulated 

area with the permission of the Coast 

Guard Patrol Commander. In the case 

where the Patrol Commander authorizes 

passage through the regulated area 

during the event, vessels will be 

required to proceed at the minimum 

speed necessary to maintain a safe 

course that minimizes wake near the 

race course. Before the enforcement 

period, we would issue maritime 

advisories so mariners can adjust their 

plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this 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 want to assist small entities in 

understanding this proposed 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 Coast 

Guard at 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. 

Collection of Information 

This proposed 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 


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25216 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

compliance on them. We have analyzed 

this proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, 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 parade 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. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

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. Add temporary § 100.35–T05–032 

to read as follows: 

§ 100.35–T05–032, Pamlico River, 

Washington, North Carolina. 

(a) Regulated area. The regulated area 

is established for the waters of the 

Pamlico River including Chocowinity 

Bay, from shoreline to shoreline, 

bounded on the south by a line running 

northeasterly from Camp Hardee at 

Latitude 35°28′23′′ North, longitude 

076°59′23′′ West, to Broad Creek Point at 

latitude 35°29′04′′ North, longitude 

076°58′44′′ West, and bounded on the 

north by the Norfolk Southern Railroad 

Bridge. 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. 

(3) Participant includes all vessels 

participating in the ‘‘Fountain Super 

Boat Grand Prix’’ under the auspices of 

the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector North 

Carolina. 

(c) Special local regulations. (1) 

Except for event participants and 

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 must: (i) Stop the vessel 

immediately when directed to do so by 

any Official Patrol and then proceed 

only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the race course. 

(d) Enforcement period. This section 

will be enforced from 6:30 a.m. to 12:30 

p.m. on August 3, 2007, and from 10:30 


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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 25217 

a.m. to 4:30 p.m. on August 5, 2007. If 

either the speed trials or the races are 

postponed due to weather, then the 

temporary special local regulations will 

be enforced during the same time period 

the next day. 

Dated: April 24, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–8509 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–006] 

RIN 1625–AA00 

Safety Zone, Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a Safety Zone in Chicago 

Harbor. This zone is intended to restrict 

vessels from portions of Chicago Harbor 

during fireworks displays that pose a 

hazard to public safety. This zone is 

necessary to protect the public from the 

hazards associated with fireworks 

displays. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

June 4, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

Coast Guard Sector Lake Michigan, 2420 

South Lincoln Memorial Drive, 

Milwaukee, WI 53207. The Sector Lake 

Michigan Prevention Department 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have further questions on this rule, 

contact CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747– 

7154. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to submit 

comments and related materials. If you 

submit a comment, please include your 

name and address, identify the docket 

number for this rulemaking [CGD09–07– 

006], indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. You may submit your 

comments and material by mail (see 

ADDRESSES). If you submit them by mail 

or delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period, 

which may result in a modification to 

the rule. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a public meeting (see ADDRESSES) 

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

This safety zone is necessary to 

protect vessels and people from the 

hazards associated with fireworks 

displays. Such hazards include the 

explosive danger of fireworks and debris 

falling into the water that may cause 

death or serious bodily harm. 

Discussion of Rule 

The proposed safety zone is necessary 

to ensure the safety of vessels and 

people during fireworks displays in 

Chicago Harbor. The proposed safety 

zone encompasses the waters of Lake 

Michigan within Chicago Harbor 

between the east end of the Chicago 

Lock guidewall and Chicago Harbor 

breakwater. 

The Coast Guard Patrol Commander 

will be on-scene while the safety zone 

is enacted and inform the public that 

the safety zone is being enforced. The 

Captain of the Port will cause notice of 

enforcement of the safety zone 

established by this section to be made 

by all appropriate means to the affected 

segments of the public including 

publication in the Federal Register as 

practicable, in accordance with 33 CFR 

165.7(a). Such means of notification 

may also include, but are not limited to 

Broadcast Notice to Mariners or Local 

Notice to Mariners. The Captain of the 

Port will issue a Broadcast Notice to 

Mariners notifying the public when 

enforcement of the safety zone 

established by this section is suspended. 

The proposed safety zone replaces 33 

CFR 165.918 Safety Zones; Annual 

fireworks events in the Captain of the 

Port Chicago Zone, (13) and (14). The 

safety zone will encompass the waters 

of Lake Michigan within Chicago Harbor 

between the east end of the Chicago 

Lock guidewall and the Chicago Harbor 

breakwater beginning at 41°53′24′′ N, 

087°35′26′′ W; then south to 41°53′09′′ 

N, 087°35′26′′ W; then east to 41°53′09′′ 

N, 087°36′09′′ W; then north to 

41°53′24′′ N, 087°36′09′′ W; then back to 

the point of origin. 

Regulatory Evaluation 

This proposed 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. It has not 

been reviewed by the Office of 

Management and Budget 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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. The Coast Guard’s 

use of this safety zone will be periodic 

in nature and will likely not exceed 

forty, one-hour events per year. This 

safety zone will only be enforced during 

the time the safety zone is actually in 

use. Furthermore, this safety zone has 

been designed to allow vessels to transit 

unrestricted to portions of the harbor 

not affected by the zone. The Coast 

Guard expects insignificant adverse 

impact to mariners from the activation 

of this zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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. 

We suspect that there may be small 

entities affected by this rule but are 

unable to provide more definitive 

information as to the number of small 

entities that may be affected. The risk, 

outlined above, is severe and requires 

that immediate action be taken. The 

Coast Guard will evaluate whether a 

substantial number of small entities are 


cprice-sewell on DSK89S0YB1PROD with RULES