26298 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 

■ 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.T11–180 to 

read as follows: 

§ 165.T11–180 Safety Zone; KFOG 

‘‘KaBoom’’ Fireworks Display, San 

Francisco Bay, CA. 

(a) Location. This safety zone is 

established for the waters of San 

Francisco Bay surrounding a barge used 

as a firework launch platform during the 

KFOG ‘‘KaBoom’’ fireworks display. 

During the loading of the fireworks 

barge, during the transit of the fireworks 

barge to the display location, and until 

the start of the fireworks display, the 

regulated area encompasses the 

navigable waters around and under the 

fireworks barge within a radius of 100 

feet. Fifteen minutes prior to and during 

the twenty-two minute fireworks 

display, the temporary regulated area 

increases in size to encompass the 

navigable waters around and under the 

fireworks launch barge within a radius 

of 1,000 feet. Loading of the 

pyrotechnics onto the fireworks barge is 

scheduled to commence at 8 a.m. on 

May 10, 2007, and will take place at Pier 

50 in San Francisco. Towing of the 

barge from Pier 50 to the display 

location is scheduled to take place on 

May 12, 2007. During the fireworks 

display, scheduled to start at 9 p.m. on 

May 12, 2007, the barge will be located 

approximately 1,000 feet from San 

Francisco Pier 30 in position 37°47.21′ 

N, 122°22.86′ W. 

(b) Enforcement Period. This section 

will be enforced from 8 a.m. May 10, 

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

the event concludes prior to the 

scheduled termination time, the Coast 

Guard will cease enforcement of this 

safety zone and will announce that fact 

via Broadcast Notice to Mariners. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transit through, or 

anchoring within this safety zone by all 

vessels and persons is prohibited, 

unless specifically authorized by the 

Captain of the Port San Francisco, or his 

designated representative. 

(d) Enforcement. All persons and 

vessels shall comply with the 

instructions of the Coast Guard Captain 

of the Port, or the designated on-scene 

patrol personnel. Patrol personnel can 

be comprised of commissioned, warrant, 

and petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

The U.S. Coast Guard may be assisted 

in the patrol and enforcement of this 

safety zone by local law enforcement as 

necessary. 

Dated: April 20, 2007. 

W.J. Uberti, 

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

Port, San Francisco. 

[FR Doc. E7–8815 Filed 5–8–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–040] 

RIN 1625 AA00 

Safety Zone; Fireworks Display, 

Pamlico River, Washington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

during the ‘‘Washington Summer 

Festival and the Washington 4th of July 

Fireworks’’ displays to be held on the 

waters of the Pamlico River, 

Washington, North Carolina. This action 

is necessary to provide for the safety of 

life on navigable waters during the 

event. This action will restrict vessel 

traffic in portions of the Pamlico River 

adjacent to Washington, North Carolina 

during the fireworks display. 

DATES: This rule is effective from 8:30 

p.m. on June 8 until 10 p.m. on July 4, 

2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket [CGD05–07–

040] 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: 

CWO Christopher Humphrey, Coast 

Guard Sector North Carolina, Atlantic 

Beach, NC at (252) 247–4525. 

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. Publishing 

an NPRM would be impracticable and 

contrary to public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

event. The necessary information to 

determine whether the marine event 

poses a threat to persons and vessels 

was not provided with sufficient time to 

publish an NPRM. The danger posed by 

fireworks fall-out makes a safety zone 

necessary to provide for the safety of 

spectator craft and other vessels 

transiting the event area. For the safety 

concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. The Coast Guard 

will issue broadcast notice to mariners 

to advise vessel operators of 

navigational restrictions. On scene Coast 

Guard and local law enforcement 

vessels will also provide actual notice to 

mariners. 

Under 5 U.S.C. 553(d)(3) and for the 

same reasons, 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, 

spectator craft and other vessels 

transiting the event area. Advance 

notifications will be made to users of 

the Pamlico River via marine 

information broadcasts, local notice to 

mariners, commercial radio stations and 

area newspapers. 

Background and Purpose 

On June 8 & 9 and July 4, 2007 the 

Washington/Beaufort County Chamber 

of Commerce and the City of 

Washington will sponsor the 

‘‘Washington Summer Festival’’ and the 

‘‘4th of July’’ fireworks displays over the 

waters of the Pamlico River. A fleet of 

spectator vessels is anticipated to gather 

nearby to view the 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 Rule 

The Coast Guard is establishing a 

safety zone on specified waters of the 

Pamlico River adjacent to Washington, 

North Carolina. The regulated area 

includes a section of the Pamlico River 


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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 26299 

from the Highway 17 Swing Bridge 

south approximately one half mile long 

and bounded in width by each 

shoreline. The rule would be enforced 

from 8:30 p.m. until 10 p.m. and would 

restrict general navigation in the 

regulated area during the fireworks 

display. The Coast Guard, at its 

discretion, when practical would allow 

the passage of vessels when the 

fireworks displays are not taking place. 

Except for participants and vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel would 

be allowed to enter or remain in the 

regulated area during the enforcement 

period. These regulations are needed to 

control vessel traffic during the events 

to enhance the safety of participants, 

spectators and transiting vessels. 

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 regulation restricts 

vessel traffic from transiting Pamlico 

River 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 and the extensive 

advance notifications that will be made 

to the maritime community via marine 

information broadcasts and area 

newspapers 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. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit the Pamlico 

River during the scheduled events. 

This rule will 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 

8:30 p.m. until 10 p.m. Before the 

enforcement period, we will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities 

in understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 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 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 

an 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. 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. 


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26300 Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Rules and Regulations 

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)(g), of the Instruction, from further 

environmental documentation. This rule 

fits the category selected from paragraph 

(34)(g), as 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.T05–040 to 

read as follows: 

§ 165.T05–040 Safety Zone; Pamlico River, 

Washington, North Carolina. 

(a) Regulated area. The safety zone 

includes all waters of Pamlico River 

south of the intersection of the Highway 

17 Swing Bridge south along the west 

river bank to latitude 35°32′19′′ N, 

longitude 077°03′40′′ W, thence across 

the river on a line 045 degrees due 

northeast across the river to the 

intersection of the east river bank at 

position 35°32′30′′ N, longitude 

077°03′25′′ W, thence north along the 

shoreline to the Highway 17 Swing 

Bridge thence west to the point of 

origin. All coordinates reference Datum 

NAD 1983. 

(b) Definitions. The following 

definitions apply to this section: (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 the Sector 

Commander, Coast Guard Sector North 

Carolina with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

(c) Regulations. The general 

regulations governing safety zones, 

found in 33 CFR 165.23, apply to the 

safety zone described in paragraph (a) of 

this section. 

(1) Except for 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. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement period. This section 

will be enforced from 8:30 p.m. to 10 

p.m. on June 8 & 9 and July 4, 2007. 

Dated: April 24, 2007. 

Gregory D. Case, 

Commander, U.S. Coast Guard, Captain of 

the Port, Atlantic Beach, North Carolina. 

[FR Doc. E7–8814 Filed 5–8–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2006–0913; FRL–8124–6] 

Bacillus thuringiensis Vip3Aa19 

Protein in Cotton; Exemption from the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

extension of the temporary exemption 

from the requirement of a tolerance for 

residues of the Bacillus thuringiensis 

Vip3Aa19 protein in cotton when 

applied/used as a plant-incorporated 

protectant (PIP). Syngenta Seeds, Inc. 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA), 

requesting the temporary tolerance 

exemption. This regulation eliminates 

the need to establish a maximum 

permissible level for residues of the 

Bacillus thuringiensis Vip3Aa19 protein 

in cotton when applied/used as a PIP on 

cotton. The temporary tolerance 

exemption expires on May 1, 2008. 

DATES: This regulation is effective May 

9, 2007. Objections and requests for 

hearings must be received on or before 

July 9, 2007, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2006–0913. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 


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