28634 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–044] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Mill Creek, Fort Monroe, 

Hampton, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations for 

the ‘‘Hampton Cup Regatta’’, a power 

boat race to be held on the waters of 

Mill Creek, near Fort Monroe, Hampton, 

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 in portions of Mill Creek 

adjacent to Fort Monroe during the 

power boat race. 

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, fax 

them to (757) 391–8149, or e-mail them 

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

Inspection and Investigation 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, 

Compliance and Inspection 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 (CGD05–07–044), 

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 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 10, 11 and 12, 2007, the 

Virginia Boat Racing Association will 

sponsor the ‘‘Hampton Cup Regatta’’, on 

the waters of Mill Creek adjacent to Fort 

Monroe, Hampton, Virginia. The event 

will consist of approximately 100 

inboard hydroplanes racing in heats 

counter-clockwise around an oval 

racecourse. A fleet of spectator vessels 

is anticipated 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 Mill Creek adjacent 

to Fort Monroe, Hampton, Virginia. The 

regulated area is comprised of the 

southern section of Mill Creek 

approximately one half mile in length 

and width. This rule will be enforced 

from 7:30 a.m. to 6:30 p.m. on August 

10, 11, and 12, 2007, and will restrict 

general navigation in the regulated area 

during the power boat race. The Coast 

Guard, at its discretion, when practical 

will allow the passage of vessels when 

races are not taking place. 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 during 

the enforcement period. 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 proposed regulation 

will prevent traffic from transiting a 

portion of Mill Creek 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, and area 

newspapers, so mariners can adjust 

their plans accordingly. 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 

this section of Mill Creek 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 

7:30 a.m. to 6:30 p.m. on August 10, 11, 

and 12, 2007. The regulated area will 

apply to the southerly segment of Mill 

Creek adjacent to Fort Monroe and the 

Route 258 bridge. 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 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 28635 

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 

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 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—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–T05–044 

to read as follows: 


jlentini on PROD1PC65 with PROPOSALS
28636 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules 

§ 100.35–T05–044, Mill Creek, Fort 

Monroe, Hampton, Virginia. 

(a) Regulated area. The regulated area 

is established for the waters of Mill 

Creek, adjacent to Fort Monroe, 

Hampton, Virginia, enclosed by the 

following boundaries: To the north, a 

line drawn along latitude 37°01′00′′ N, 

to the east a line drawn along longitude 

076°18′30′′ W, to the south a line 

parallel with the shoreline adjacent to 

Fort Monroe, and the west boundary is 

parallel with the Route 258—Mercury 

Boulevard 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 

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 ‘‘Hampton Cup 

Regatta’’ under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Hampton Roads. 

(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 7:30 a.m. to 6:30 

p.m. on August 10, 11, and 12, 2007. 

Dated: May 11, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–9843 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3130 

[WO–310–1310–PP–241A] 

RIN 1004–AD78 

Oil and Gas Leasing; National 

Petroleum Reserve—Alaska 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Land 

Management (BLM), proposes to amend 

its regulations at 43 CFR part 3130 

pertaining to oil and gas resources in the 

National Petroleum Reserve-Alaska 

(NPR–A). The proposed rule would 

make oil and gas administrative 

procedures in NPR–A consistent with 

Section 347 of the Energy Policy Act of 

2005. The proposed rule would amend 

the administrative procedures for the 

efficient transfer, consolidation, 

segregation, suspension, and unitization 

of Federal leases in the NPR–A. The rule 

would also make changes to the way the 

BLM processes lease renewals, lease 

extensions, lease expirations, lease 

agreements, exploration incentives, 

lease consolidations, and termination of 

administration for conveyed lands in 

the NPR–A. Finally, the rule would 

make the NPR–A regulation on 

additional bonding consistent with the 

regulations that apply outside of the 

NPR–A. 

DATES: Send your comments on this 

proposed rule to the BLM on or before 

July 23, 2007. The BLM will not 

necessarily consider any comments 

received after the above date during its 

decision on the rule. 

ADDRESSES: Commenters may mail 

written comments to the Bureau of Land 

Management, Administrative Record, 

Room 401LS, 1849 C Street, NW., 

Washington, DC 20240; or hand-deliver 

written comments to the Bureau of Land 

Management, Administrative Record, 

Room 401, 1620 L Street, NW., 

Washington, DC 20036. Comments will 

be available for public review at the L 

Street address from 7:45 a.m. to 4:15 

p.m., Eastern Time, Monday through 

Friday, except Federal holidays. 

E-mail: 

comments_washington@blm.gov. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Greg 

Noble, Chief, Energy Branch, the BLM’s 

Alaska State Office at (907) 267–1429 or 

Ian Senio at the BLM’s Division of 

Regulatory Affairs at (202) 452–5049. 

Persons who use a telecommunications 

device for the deaf (TDD) may contact 

these persons through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339, 24 hours a day, 7 days 

a week. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion of Proposed Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

You may submit your comments by 

any one of several methods: 

You may mail your comments to: 

Director (630), Bureau of Land 

Management, 1620 L Street, NW., Suite 

401, Washington, DC 20036, Attention: 

RIN 1004–AD78. 

You may deliver comments to: 1620 L 

Street, NW., Suite 401, Washington, DC 

20036. You may e-mail your comments 

to: comments_washington@blm.gov. 

(Include ‘‘Attention: AD78’’ in the 

subject line.) Please make your 

comments on the rule as specific as 

possible, confine them to issues 

pertinent to the proposed rule, and 

explain the reason for any changes you 

recommend. Where possible, your 

comments should reference the specific 

section or paragraph of the proposal that 

you are addressing. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment, including your personal 

identifying information, may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. 

The Department of the Interior may 

not necessarily consider or include in 

the Administrative Record for the final 

rule comments that we receive after the 

close of the comment period (see DATES) 

or comments delivered to an address 

other than those listed above (see 

ADDRESSES). 

II. Background 

Part 3130 of 43 Code of Federal 

Regulations (CFR) contains the 

regulations that apply to oil and gas 

leasing in the NPR–A authorized under 

the Naval Petroleum Reserves 

Production Act of 1976, as amended 

(NPRPA), (42 U.S.C. 6501 et seq.). 

On April 11, 2002 (67 FR 17865), the 

BLM published a final rule that applies 

to operations under Federal oil and gas 

leases in NPR–A and added a new 


jlentini on PROD1PC65 with PROPOSALS