28864 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 

by the respondent named in the 

prepenalty notice, the Director shall 

notify the respondent in writing of that 

determination and of the cancellation of 

the proposed monetary penalty. 

(b) Violation. (1) If, after considering 

any written response to the prepenalty 

notice, or default in the submission of 

a written response, and any relevant 

facts, the Director of the Office of 

Foreign Assets Control determines that 

there was a violation by the respondent 

named in the prepenalty notice, the 

Director is authorized to issue a written 

penalty notice to the respondent of the 

determination of the violation and the 

imposition of the monetary penalty. 

(2) The penalty notice shall inform 

the respondent that payment or 

arrangement for installment payment of 

the assessed penalty must be made 

within 30 days of the date of mailing of 

the penalty notice by the Office of 

Foreign Assets Control. 

(3) The penalty notice shall inform 

the respondent of the requirement to 

furnish the respondent’s taxpayer 

identification number pursuant to 31 

U.S.C. 7701 and that such number will 

be used for purposes of collecting and 

reporting on any delinquent penalty 

amount. 

(4) The issuance of the penalty notice 

finding a violation and imposing a 

monetary penalty shall constitute final 

agency action. The respondent has the 

right to seek judicial review of that final 

agency action in Federal district court. 

§ 593.705 Administrative collection; 

referral to United States Department of 

Justice. 

In the event that the respondent does 

not pay the penalty imposed pursuant to 

this part or make payment arrangements 

acceptable to the Director of the Office 

of Foreign Assets Control within 30 

days of the date of mailing of the 

penalty notice, the matter may be 

referred for administrative collection 

measures by the Department of the 

Treasury or to the United States 

Department of Justice for appropriate 

action to recover the penalty in a civil 

suit in a Federal district court. 

Subpart H—Procedures 

§ 593.801 Procedures. 

For license application procedures 

and procedures relating to amendments, 

modifications, or revocations of 

licenses; administrative decisions; 

rulemaking; and requests for documents 

pursuant to the Freedom of Information 

and Privacy Acts (5 U.S.C. 552 and 

552a), see part 501, subpart E, of this 

chapter. 

§ 593.802 Delegation by the Secretary of 

the Treasury. 

Any action that the Secretary of the 

Treasury is authorized to take pursuant 

to Executive Order 13348 of July 22, 

2004 (69 FR 44885, July 27, 2004), and 

any further Executive orders relating to 

the national emergency declared 

therein, may be taken by the Director of 

the Office of Foreign Assets Control or 

by any other person to whom the 

Secretary of the Treasury has delegated 

authority so to act. 

Subpart I—Paperwork Reduction Act 

§ 593.901 Paperwork Reduction Act notice. 

For approval by the Office of 

Management and Budget (‘‘OMB’’) 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3507) of information 

collections relating to record keeping 

and reporting requirements, licensing 

procedures (including those pursuant to 

statements of licensing policy), and 

other procedures, see § 501.901 of this 

chapter. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

Dated: March 20, 2007. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E7–9822 Filed 5–22–07; 8:45 am] 

BILLING CODE 4811–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–07–049] 

RIN 1625–AA87 

Security Zone: Coast Guard Academy 

Commencement, New London, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for the 2007 Coast Guard Academy 

Commencement Ceremony on 

Wednesday May 23, 2007. This zone 

will provide security in the waters of 

the Thames River adjacent to the Coast 

Guard Academy, New London, 

Connecticut during the 2007 

Commencement Exercises. This 

temporary security zone is necessary to 

protect senior government officials, 

dignitaries, participants and guests 

attending the Commencement, members 

of the general public, and the 

surrounding area from sabotage or other 

subversive acts, accidents, or other 

hazards of a similar nature. Entry into 

this security zone is prohibited unless 

authorized by the Captain of the Port, 

Long Island Sound, New Haven, 

Connecticut. 

DATES: This rule is effective from 10 

a.m. until 3 p.m. on May 23, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD01–07–

049 and are available for inspection or 

copying at Sector Long Island Sound 

between 9 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Douglas Miller, Waterways 

Management Division, Sector Long 

Island Sound at (203) 468–4596. 

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. The 

security zone was requested by the U.S. 

Secret Service for the Commencement 

Exercises as the attendance of several 

senior level government officials and 

other dignitaries, combined with the 

nature of and location of the 

Ceremonies, presents a target for 

terrorist activity. The sensitive and 

unpredictable schedules of several of 

the Commencement Ceremony 

attendees precluded sufficient notice to 

the Coast Guard that a security zone 

would be necessary. 

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. The delay in notification of the 

need for the security zone left 

insufficient time to publish a notice of 

proposed rulemaking in advance of the 

effective date of this security zone. The 

delay in notification also does not allow 

30 days between publication of the rule 

and its effective date. Making this rule 

effective less than 30 days after 

publication is necessary as this 

immediate action is needed to protect 

the senior government officials and 

dignitaries attending Commencement 

exercises, other participants and guests 

to the Coast Guard Academy 

Commencement, and the surrounding 

community from sabotage or other 

subversive acts, accidents, or other 

hazards of a similar nature. 

Background and Purpose 

Several senior United States 

government officials and other 


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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 28865 

dignitaries will be attending the Coast 

Guard Academy Commencement 

Exercises. The attendance of these 

individuals along with the military 

nature of the Ceremonies and 

anticipated national media coverage 

make this event a potential target for 

sabotage, subversive acts, or other 

terrorist activity. Coast Guard Academy 

Commencement Ceremonies are 

scheduled for Wednesday, May 23, 

2007, from 11 a.m. to 2 p.m. 

Discussion of Rule 

The Coast Guard is establishing a 

security zone in the vicinity of the Coast 

Guard Academy for 2007 

Commencement Exercises. This security 

zone encompasses all navigable waters 

of the Thames River within a 500-yard 

radius of Jacobs Rock, located at 

approximate position 41°22′′23′ N, 

072°05′′39′ W. The security zone will 

not encompass the navigable channel in 

the Thames River therefore commercial 

traffic will be able to pass unimpeded. 

This security zone will be enforced from 

10 a.m., one hour prior to the start of 

Commencement Exercises, and will be 

effective until 3 p.m. The enforcement 

period of this zone will be broadcast to 

the maritime community immediately 

prior to its enforcement via broadcast 

notice to mariners. All coordinates are 

in North American Datum 1983 (NAD 

1983). 

This temporary security zone is 

necessary to protect senior U.S. 

Government officials and dignitaries 

attending Coast Guard Academy 

Commencement, other participants and 

guests, members of the public and the 

surrounding area from sabotage, terrorist 

or other subversive acts, accidents, or 

other hazards of a similar nature. Entry 

into this zone is prohibited unless 

authorized by the Captain of the Port, 

Long Island Sound. 

Any violation of the security zone 

described herein is punishable by, 

among others, civil and criminal 

penalties, in rem liability against the 

offending vessel, and license sanctions. 

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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This regulation may have some impact 

on the public, but these potential 

impacts will be minimized for the 

following reasons: the zone is only for 

a temporary period of not more than 5 

hours and will be enforced for the 

minimum period necessary to ensure 

the security of the Coast Guard 

Academy Commencement Exercises; the 

Federal navigation channel in the 

Thames River parallel to the Coast 

Guard Academy will be open to 

commercial and recreational traffic 

during the enforcement period; and, 

vessels may transit in all other areas of 

the Thames River not included in the 

security zone at all times. 

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 will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

those portions of the Thames River 

covered by the security zone from 10 

a.m. to 3 p.m. on May 23, 2007. 

In addition to the reasons outlined in 

the Regulatory Evaluation section above, 

this safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The rule will be 

in effect for a maximum of 5 hours on 

a week day when recreational and small 

vessel traffic is expected to be minimal. 

Vessel traffic, both recreational and 

commercial, can pass safely around the 

security zone. Before the security zone 

is effective, the Coast Guard will issue 

maritime advisories widely available to 

users of this area of the Thames River. 

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 

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 

Lieutenant Doug Miller, Waterways 

Management Division, Sector Long 

Island Sound, at (203) 468–4596. 

Small business 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 (1–888–737–3247). 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 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. 


cprice-sewell on PROD1PC71 with RULES
28866 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Rules and Regulations 

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 Government 

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. 

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 5100.0, 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)(g), of the Instruction, from further 

environmental documentation. This rule 

falls under the provisions of paragraph 

(34)(g) because the rule is established in 

response to an emergency situation and 

will be in effect for less than one week 

in duration. 

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. 

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, 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.T01–049 to 

read as follows: 

§ 165.T01–049 Security Zone: 2007 Coast 

Guard Academy Commencement, New 

London, CT. 

(a) Location. The following area is a 

security zone: All navigable waters of 

the Thames River in a 500-yard radius 

from Jacobs Rock, approximate position 

41°22′′23′ N., 072°05′′39′ W. All 

coordinates are North American Datum 

1983. 

(b) Regulations. (1) Entry into or 

remaining in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port, Long Island Sound. 

(2) Persons desiring to transit the area 

of the security zone may contact the 

Captain of the Port at telephone number 

203–468–4404 or on VHF channel 16 

(156.8 MHz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his or her designated 

representative. 

(c) Enforcement period. This section 

will be enforced from 10 a.m. until 3 

p.m. on Wednesday May 23, 2007. 

Dated: May 14, 2007. 

Peter J. Boynton, 

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

Port, Long Island Sound. 

[FR Doc. E7–9946 Filed 5–22–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0577–200624(c); 

FRL–8317–3] 

Approval and Promulgation of 

Implementation Plans; Georgia: 

Removal of Douglas County 

Transportation Control Measure; 

Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This action corrects an 

inadvertent omission of the entry 

number for the Alternative Fuel 

Refueling Station/Park and Ride 

Transportation Center, Project DO–AR–

211 in EPA’s direct final rulemaking 

action, published in the Federal 

Register on November 28, 2006, for the 

Georgia State Implementation Plan. 

DATES: This action is effective May 23, 

2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR–

2006–0577. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 either 

electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR


cprice-sewell on PROD1PC71 with RULES