Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 28631 

Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing to amend Title 

14 Code of Federal Regulations (14 CFR) 

part 71 to establish a low altitude RNAV 

route, designated T–209, in the vicinity 

of Augusta, GA. The route would extend 

between the Colliers, SC, very high 

frequency omnidirectional range/ 

tactical air navigation (VORTAC) aid 

and the EHEJO, GA, navigation fix 

(located on Federal airway V–154). T–

209 would provide a more direct route 

for north and southbound traffic and 

would also establish a published route 

that ensures clearance from the Bulldog 

A MOA to assist aircraft navigating 

around the MOA. 

This route would enhance the safe 

and efficient use of the navigable 

airspace for north and southbound IFR 

aircraft in the vicinity of Augusta, GA. 

Low altitude RNAV routes are 

published in paragraph 6011 of FAA 

Order 7400.9P, dated September 1, 2006 

and effective September 15, 2006, which 

is incorporated by reference in 14 CFR 

71.1. The low altitude RNAV route 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9P, 

Airspace Designations and Reporting 

Points, dated September 1, 2006, and 

effective September 15, 2006, is 

amended as follows: 

Paragraph 6011 Contiguous United States 

Area Navigation Routes. 

* * * * * 

T–209 EHEJO, GA to Colliers, SC [New] 

EHEJO, GA ..................................................... Fix .................................................................. (Lat. 32°23′26′′ N., long. 82°05′12′′ W.) 

NASDE, GA ................................................... WP ................................................................. (Lat. 32°32′54′′ N., long. 82°06′26′′ W.) 

YASLU, GA ................................................... WP ................................................................. (Lat. 32°49′42′′ N., long. 81°56′52′′ W.) 

JAMITA, GA .................................................. WP ................................................................. (Lat. 33°06′41′′ N., long. 82°00′27′′ W.) 

Colliers, SC .................................................... VORTAC ........................................................ (Lat. 33°42′26′′ N., long. 82°09′43′′ W.) 

* * * * * 

Issued in Washington, DC, on May 14, 

2007. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E7–9773 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–043] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Chesapeake Bay, Cape 

Charles, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the ‘‘East Coast Boat Racing Club 

power boat race’’, a marine event to be 

held over the waters of the Chesapeake 

Bay adjacent to Cape Charles, Virginia. 

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 on the Chesapeake Bay in the 

vicinity of Cape Charles Beach, Cape 

Charles, Virginia during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 21, 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, or fax 

them to (757) 391–8149. 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, Fifth 

Coast Guard District, 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 (CGD05–07–043), 

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 


jlentini on PROD1PC65 with PROPOSALS
28632 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 

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 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 4, 2007, the East Coast 

Boat Racing Club of New Jersey will 

sponsor a power boat race, on the waters 

of the Chesapeake Bay, Cape Charles, 

Virginia. The event will consist of 

approximately 20 New Jersey Speed 

Garveys and Jersey Speed Skiffs 

conducting high-speed competitive 

races along an oval race course in close 

proximity to Cape Charles Beach, Cape 

Charles, Virginia. A fleet of spectator 

vessels is expected to gather nearby to 

view the competition. 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 Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the Piankatank 

River. The temporary special local 

regulations will be effective from 11:30 

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

will restrict general navigation in the 

regulated area during the event. Except 

for participants and vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel will be allowed to 

enter or remain in the regulated area. 

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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. Although this regulation 

will prevent traffic from transiting a 

portion of the Chesapeake Bay 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 the Local 

Notice to Mariners, marine information 

broadcasts, and area newspapers, so 

mariners can adjust their plans 

accordingly. Additionally, the regulated 

area has been narrowly tailored to 

impose the least impact on general 

navigation yet provide the level of safety 

deemed necessary. Vessel traffic will be 

able to transit the regulated area 

between heats, 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 

or anchor in this portion of the 

Chesapeake Bay adjacent to Cape 

Charles Beach 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 proposed 

rule would be in effect for only a limited 

period. Vessel traffic will be able to 

transit the regulated area between heats, 

when the Coast Guard Patrol 

Commander deems it is safe to do so. 

Before the enforcement period, we will 

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 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 

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, 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 28633 

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 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)(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–REGATTAS AND MARINE 

PARADES 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary § 100.35–T05–043 

to read as follows: 

§ 100.35–T05–043 Chesapeake Bay, Cape 

Charles, Virginia. 

(a) 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 

Hampton Roads. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Hampton Roads 

with a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(3) Participant includes all vessels 

participating in the East Coast Boat 

Racing Club power boat race under the 

auspices of a Marine Event Permit 

issued to the event sponsor and 

approved by Commander, Coast Guard 

Sector Hampton Roads. 

(4) Regulated area includes the waters 

of the Chesapeake Bay, along the 

shoreline adjacent to Cape Charles, 

Virginia, to and including waters up to 

300 yards offshore, parallel with the 

Cape Charles Beach shoreline in this 

area. The area is bounded on the south 

by a line running northwesterly from 

the Cape Charles shoreline at latitude 

37°16′.2′′ North, longitude 076°01′28.5′′ 

West, to a point offshore approximately 

300 yards at latitude 37°16′3.4′′ North, 

longitude 076°01′36.6′′ West, and 

bounded on the north by a line running 

northwesterly from the Cape Charles 

shoreline at latitude 37°16′26.2′′ North, 

longitude 076°01′14′′ West, to a point 

offshore approximately 300 yards at 

latitude 37°16′′28.9′′ North, longitude 

076°01′24.1′′ West. All coordinates 

reference Datum NAD 1983. 

(b) 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 shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any 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. 

(c) Effective period. This section will 

be enforced from 11:30 a.m. to 4:30 p.m. 

on August 4, 2007. If the race is 

postponed due to weather, then the 

temporary special local regulations will 

be enforced during the same time period 

the next day, August 5, 2007. 

Dated: May 11, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–9838 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–15–P 


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