61518 Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations 

U.S.C. 3507), those collections of 

information have been approved by the 

Office of Management and Budget under 

control number 1505–0164. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number. 

List of Subjects 

31 CFR Part 594 

Administrative practice and 

procedure, Banks, Banking, Currency, 

Foreign investments in United States, 

Penalties, Reporting and recordkeeping 

requirements, Securities, Terrorism. 

31 CFR Part 595 

Administrative practice and 

procedure, Banks, Banking, Currency, 

Foreign investments in United States, 

Penalties, Reporting and recordkeeping 

requirements, Securities, Terrorism. 

31 CFR Part 597 

Administrative practice and 

procedure, Banks, Banking, Currency, 

Foreign investments in United States, 

Penalties, Reporting and recordkeeping 

requirements, Securities, Terrorism. 

■ For the reasons set forth in the 

preamble, the Office of Foreign Assets 

Control amends 31 CFR parts 594, 595, 

and 597 as follows: 

PART 594—GLOBAL TERRORISM 

SANCTIONS REGULATIONS 

■ 1. Revise the authority citation for part 

594 to read as follows: 

Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31 

U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–

1706; Pub. L. 101–410, 104 Stat. 890 (28 

U.S.C. 2461 note); Pub. L. 110–96, 121 Stat. 

1011; E.O. 13224, 66 FR 49079, 3 CFR, 2001 

Comp., p. 786; E.O. 13268, 67 FR 44751, 3 

CFR, 2002 Comp., p. 240; E.O. 13284, 68 FR 

4075, 3 CFR, 2003 Comp., p. 161. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 2. Add a new § 594.516 to read as 

follows: 

§ 594.516 Transactions with the 

Palestinian Authority authorized. 

(a) As of June 20, 2007, U.S. persons 

are authorized to engage in all 

transactions otherwise prohibited under 

this part with the Palestinian Authority. 

(b) For purposes of this section only, 

the term Palestinian Authority means 

the Palestinian Authority government of 

Prime Minister Salam Fayyad and 

President Mahmoud Abbas, including 

all branches, ministries, offices, and 

agencies (independent or otherwise) 

thereof. 

PART 595—TERRORISM SANCTIONS 

REGULATIONS 

■ 3. Revise the authority citation for part 

595 to read as follows: 

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; Pub. L. 

101–410, 104 Stat. 890 (28 U.S.C. 2461 note); 

Pub. L. 110–96, 121 Stat. 1011; E.O. 12947, 

60 FR 5079, 3 CFR, 1995 Comp., p. 319. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 4. Add a new § 595.514 to read as 

follows: 

§ 595.514 Transactions with the 

Palestinian Authority authorized. 

(a) As of June 20, 2007, U.S. persons 

are authorized to engage in all 

transactions otherwise prohibited under 

this part with the Palestinian Authority. 

(b) For purposes of this section only, 

the term Palestinian Authority means 

the Palestinian Authority government of 

Prime Minister Salam Fayyad and 

President Mahmoud Abbas, including 

all branches, ministries, offices, and 

agencies (independent or otherwise) 

thereof. 

PART 597—FOREIGN TERRORIST 

ORGANIZATIONS SANCTIONS 

REGULATIONS 

■ 5. The authority citation for part 597 

continues to read as follows: 

Authority: 31 U.S.C. 321(b); Pub. L. 101–

410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. 

L. 104–132, 110 Stat. 1214, 1248–53 (8 U.S.C. 

1189, 18 U.S.C. 2339B). 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 6. Add a new § 597.512 to read as 

follows: 

§ 597.512 Transactions with the 

Palestinian Authority authorized. 

(a) As of June 20, 2007, U.S. persons 

are authorized to engage in all 

transactions otherwise prohibited under 

this part with the Palestinian Authority. 

(b) For purposes of this section only, 

the term Palestinian Authority means 

the Palestinian Authority government of 

Prime Minister Salam Fayyad and 

President Mahmoud Abbas, including 

all branches, ministries, offices, and 

agencies (independent or otherwise) 

thereof. 

Dated: October 23, 2007. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E7–21357 Filed 10–30–07; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. CGD14–07–002] 

RIN 1625–AA87 

Security Zone; Nawiliwili Harbor, 

Kauai, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is creating a 

temporary security zone in the waters of 

Nawiliwili Harbor, Kauai, and on the 

land of the jetty south of Nawiliwili 

Park, including the jetty access road 

commonly known as Jetty Road. This 

zone is intended to enable the Coast 

Guard and its law enforcement partners 

to better protect people, vessels, and 

facilities in and around Nawiliwili 

Harbor in the face of non-compliant 

obstructers who have impeded, and 

threaten to continue impeding, the safe 

passage of the Hawaii Superferry in 

Nawiliwili Harbor. This rule 

complements, but does not replace or 

supersede, existing regulations that 

establish a moving 100-yard security 

zone around large passenger vessels like 

the Hawaii Superferry. 

DATES: This rule is effective from 

November 1, 2007, through November 

30, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD14–07–

002 and are available for inspection and 

copying at U.S. Coast Guard District 14, 

Room 9–130, PJKK Federal Building, 

300 Ala Moana Blvd., Honolulu, Hawaii 

96850 between 7 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Sean Fahey, U.S. Coast 

Guard District 14 at (808) 541–2106. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On October 3, 2007, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Security Zone; Nawiliwili 

Harbor, Kauai, Hawaii’’ in the Federal 

Register (72 FR 56308), identified by 

docket number USCG–2007–29354. The 

comment period for that NPRM was 

originally set to expire on October 24, 

2007. Although we received many 

comments on the NPRM, a few people 

wishing to submit comments expressed 

difficulty using the Federal 

eRulemaking Portal, one of the four 

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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations 61519 

methods available to submit comments 

on the NPRM. 

Recently, the Coast Guard migrated its 

online rulemaking docket from the 

Docket Management System (DMS) to 

the Federal Docket Management System 

(FDMS). (72 FR 54315, Sept. 24, 2007.) 

This migration has been accompanied 

by transition difficulties and delays in 

comments being posted on FDMS. To 

accommodate the public, the comment 

period for that rulemaking (USCG–

2007–29354) has been extended until 

November 20, 2007. A separate notice 

extending the comment period for the 

USCG–2007–29354 NPRM can be found 

elsewhere in this issue of the Federal 

Register. 

This temporary final rule, identified 

by docket CGD14 07–002, is a separate 

emergency rulemaking that will 

maintain a security zone for Nawiliwili 

Harbor, Kauai from November 1 through 

November 30, 2007, after an existing 

security zone (72 FR 50877, Sept. 5, 

2007) expires and while we complete 

the USCG–2007–29354 notice-andcomment rulemaking. We did not 

publish an 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 for this 

temporary rule. It would be contrary to 

public interest not to maintain a 

security zone for Nawiliwili Harbor 

until the USCG–2007–29354 rulemaking 

is completed. 

Though operation of the Hawaii 

Superferry from Oahu to Kauai has been 

voluntarily suspended by the operating 

company, operations could resume at 

any time. As of October 24, 2007, there 

are no, nor have there been, any state 

court injunctions or other legal 

prohibitions on the Superferry resuming 

operations between Oahu and Kauai. 

Although the Superferry’s operating 

company announced on September 21, 

2007, that it was ‘‘indefinitely’’

suspending operations into and out of 

Kauai, that suspension is only 

voluntary; nothing binds the company 

to adhere to that suspension of 

operations, and in fact, it could decide 

to sail for Kauai at any time. 

Furthermore, the Hawaii legislature has 

announced that it will commence a 

special legislative session beginning on 

October 24, 2007, at which, among other 

things, it intends to consider a bill that 

would allow the Superferry to operate 

into and out of Hawaii’s ports while an 

environmental impact statement 

regarding Superferry operations is being 

prepared. To the extent this legislative 

action may permit the Superferry to 

resume operations into and out of Maui, 

which it is currently enjoined from 

doing, and to the extent the operating 

company’s decision to ‘‘indefinitely’’

suspend operations into and out of 

Kauai was tied to the company’s 

inability to operate into and out of 

Maui, this legislative action may well 

have the net effect of causing the 

Superferry’s operating company to 

renew its desire to resume operations to 

Kauai as soon as possible. Delay in 

implementing this rule would expose 

obstructers in the water and ashore, as 

well as ferry passengers and crew, to 

undue hazards due to the obstructers’

tactics of entering Nawiliwili Harbor 

from land and waterfront facilities 

adjacent to the harbor and using 

themselves as human barriers to 

obstruct the Superferry’s movement into 

Nawiliwili Harbor, a transit that under 

the best of circumstances is difficult to 

make due to the small size of the 

Harbor. 

For the same reasons, under 5 U.S.C. 

533(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. 

Background and Purpose 

The Hawaii Superferry (HSF) is a 349- 

foot large passenger vessel documented 

by the U.S. Coast Guard with an 

endorsement for coastwise trade, and 

certificated for large passenger vessel 

service in the United States. The HSF, 

operating Hawaii’s first inter-island 

vehicle-passenger service, is intended to 

provide service among the islands of 

Oahu, Maui, and Kauai. 

The HSF enters Kauai at Nawiliwili 

Harbor, a federally maintained 

waterway. During the HSF’s inaugural 

commercial trip to Kauai on August 26, 

2007, nearly 40 swimmers and 

obstructers on kayaks and surfboards 

blocked Nawiliwili Harbor’s navigable 

channel entrance to prevent the lawful 

entry of the HSF into Kauai. Many of the 

obstructers entered the water from the 

jetty that is south of Nawiliwili Park, 

which is adjacent to the Matson 

shipping facility in Nawiliwili Harbor. 

Other demonstrators ashore on the jetty 

threw rocks and bottles at Coast Guard 

personnel who were conveying detained 

obstructers to shore. Coast Guard 

Station Kauai resources were eventually 

able to clear the channel for the HSF’s 

arrival while also ensuring the personal 

safety of the waterborne obstructers. The 

HSF was able to dock on August 26, 

2007. 

On the following day, August 27, 

2007, approximately 70 persons entered 

the water again to block the channel 

entrance, thereby preventing the HSF 

from docking in Nawiliwili Harbor. Due 

to the difficulty of maneuvering in the 

small area of Nawiliwili Harbor, and in 

the interest of ensuring the safety of the 

protesters, the HSF’s master chose not to 

enter the channel until the Coast Guard 

cleared the channel of obstructers. 

However, because the vessel remained 

outside the harbor, and because the 

obstructers did not approach within 100 

yards of the vessel, the existing security 

zone for large passenger vessels (33 CFR 

165.1410) did not provide the Coast 

Guard with the authority to control 

obstructer entry into Nawiliwili Harbor 

or clear the channel of obstructers 

before the HSF commenced its transit 

into the harbor. 

After waiting 3 hours, and with nearly 

20 obstructers still in the water actively 

blocking the HSF, the HSF was forced 

to return to Oahu without mooring in 

Kauai. This decision was made by the 

Superferry’s master, in consultation 

with company officials. 

As a result of the events of August 26 

through 27, 2007, the HSF voluntarily 

suspended operations between Oahu 

and Kauai on August 28, 2007. HSF’s 

goal, however, was and is to resume 

operations between Oahu and Kauai as 

soon as possible. As of October 24, 

2007, there are no, nor have there been, 

any state court injunctions or other legal 

prohibitions on the HSF resuming 

operations between Oahu and Kauai. 

Although the Superferry’s operating 

company announced on September 21, 

2007, that it was ‘‘indefinitely’’

suspending operations into and out of 

Kauai, that suspension is only 

voluntary; nothing binds the company 

to adhere to that suspension of 

operations, and in fact, it could decide 

to sail for Kauai at any time. 

Furthermore, the Hawaii legislature has 

announced that it will commence a 

special legislative session beginning on 

October 24, 2007, at which, among other 

things, it intends to consider a bill that 

would allow the Superferry to operate 

into and out of Hawaii’s ports while an 

environmental impact statement 

regarding Superferry operations is being 

prepared. To the extent this legislative 

action may permit the Superferry to 

resume operations into and out of Maui, 

which it is currently enjoined from 

doing, and to the extent the operating 

company’s decision to ‘‘indefinitely’’

suspend operations into and out of 

Kauai was tied to the company’s 

inability to operate into and out of 

Maui, this legislative action may well 

have the net effect of causing the 

Superferry’s operating company to 

renew its desire to resume operations to 

Kauai as soon as possible. 

Responding to the unexpected events 

of August 26 and 27, 2007, the Coast 

Guard’s Fourteenth District Commander 

established a temporary fixed security 

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61520 Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations 

zone in Nawiliwili Harbor. That 

emergency rulemaking established a 

temporary security zone in order to 

prevent persons and vessels from 

endangering themselves and HSF 

passengers and crew by attempting to 

impede the vessel’s passage after it 

commences the difficult transit into the 

harbor. That rule, which became 

effective September 1, 2007, was issued 

by the Coast Guard’s Fourteenth District 

Commander on August 31, 2007 (72 FR 

50877, September 5, 2007). 

The purpose of this temporary rule, as 

with the rule that is expiring October 

31, is several-fold. First, by designating 

significant portions of the waters of 

Nawiliwili Harbor as a security zone, 

activated for enforcement 60 minutes 

before the HSF’s arrival into the zone 

through 10 minutes after its departure 

from the zone, this temporary rule 

provides the Coast Guard and its law 

enforcement partners the authority to 

prevent persons and vessels from 

endangering themselves and the HSF 

passengers and crew during attempts to 

impede the vessel’s passage after it 

commences the difficult transit into the 

harbor. Extending the security zone to 

Nawiliwili Jetty and its access road 

provides law enforcement personnel 

with the authority necessary to control 

access into the water so the HSF may 

enter and depart the harbor safely and 

unimpeded by obstructers. Furthermore, 

closing off the jetty and its access road 

prevents violent protesters from 

continuing to impede law enforcement 

operations and endanger law 

enforcement personnel by throwing 

rocks, bottles, and other dangerous 

objects. Finally, the security zone makes 

land adjacent to the harbor available for 

law enforcement purposes, and in fact 

will be used by the Patrol Commander 

(the person in overall command of all 

waterborne law enforcement assets 

present in Nawiliwili Harbor enforcing 

the security zone) as the command post 

during any Superferry protests. 

This temporary final rule follows the 

original temporary final rule that is set 

to expire on October 31, 2007. There is 

continued uncertainty regarding when, 

if ever, the HSF might resume service 

into Nawiliwili Harbor. The resolve of 

obstructers to continue attempting to 

impede the Superferry’s passage into 

and through Nawiliwili Harbor, should 

it indeed resume service there, has been 

vocally manifested. Therefore, the Coast 

Guard has determined there is a need to 

ensure that law enforcement personnel 

will still have a fixed security zone 

available to them beyond the expiration 

date of the original temporary final rule 

to facilitate the safe arrival of the HSF, 

should it again return to Nawiliwili 

Harbor. 

Discussion of the Rule 

This temporary rule is in effect from 

November 1, 2007, until November 30, 

2007. It creates a security zone in most 

of the waters of Nawiliwili Harbor, and 

on Nawiliwili Jetty in Nawiliwili 

Harbor. The security zone will be 

activated for enforcement 60 minutes 

before the Hawaii Superferry’s arrival 

into the zone, and remain activated for 

10 minutes after the Hawaii Superferry’s 

departure from the zone. The activation 

of the zone for enforcement will be 

announced by marine information 

broadcast and by a red flag, illuminated 

after sunset, displayed from Pier One 

and the Harbor Facility Entrance on 

Jetty Road. During its period of 

activation and enforcement, entry into 

the land and water areas of the security 

zone are prohibited without the 

permission of the Captain of the Port, 

Honolulu, or his or her designated 

representative. 

In preparing this temporary 

rulemaking, the Coast Guard made sure 

to consider the rights of lawful 

protestors. To that end, the Coast Guard 

excluded from the security zone two 

regions which create a sizeable area of 

water in which demonstrators may 

lawfully assemble and convey their 

message in a safe manner to their 

intended audience. These areas include 

the waters west of a line running from 

the southeastern-most point of the 

breakwater of Nawiliwili Small Boat 

Harbor due south to the south shore of 

the harbor, and the waters from 

Kalapaki Beach south to a line 

extending from the western most point 

of Kukii Point due west to the Harbor 

Jetty. These areas of the harbor not 

included in the security zone are 

completely accessible to anyone who 

desires to enter the water, and are fully 

visible to observers ashore, at the HSF 

mooring facility, aboard the HSF when 

transiting the harbor, and from the air. 

The Coast Guard also took into 

account the lawful users of Nawiliwili 

Harbor in its creation of this rule. As 

previously noted, the rule will only be 

activated 1 hour before the HSF’s arrival 

into port, and will be deactivated 10 

minutes after the HSF departs the port. 

The harbor is fully available to all users 

during the period when the zone is not 

activated. Furthermore, the rule affords 

persons who want to use the harbor, 

even during a period when the zone is 

activated, with the opportunity to 

request permission of the Captain of the 

Port to do so. 

Under 33 CFR 165.33, entry by 

persons or vessels into the security zone 

during an enforcement period is 

prohibited unless authorized by the 

Coast Guard Captain of the Port, 

Honolulu or his or her designated 

representatives. 

Operation of any type of vessel, 

including every description of 

watercraft or other artificial contrivance 

used, or capable of being used, as a 

means of transportation on water, 

within the security zone during an 

enforcement period is prohibited. If a 

vessel is found to be operating within 

the security zone during an enforcement 

period without permission of the 

Captain of the Port, Honolulu, and 

refuses to leave, the vessel is subject to 

seizure and forfeiture. 

All persons and vessels permitted in 

the security zone during an enforcement 

period must comply with the 

instructions of the Coast Guard Captain 

of the Port or the designated on-scene 

patrol personnel. These personnel 

include commissioned, warrant, and 

petty officers of the Coast Guard and 

other persons permitted by law to 

enforce this regulation. Upon being 

hailed by an authorized vessel or law 

enforcement officer using siren, radio, 

flashing light, loudhailer, voice 

command, or other means, the operator 

of a vessel must proceed as directed. 

If authorized passage through the 

security zone, a vessel must operate at 

the minimum speed necessary to 

maintain a safe course and must 

proceed as directed by the Captain of 

the Port or his or her designated 

representatives. While underway with 

permission of the Captain of the Port or 

his or her designated representatives, no 

person or vessel is allowed within 100 

yards of the Hawaii Superferry when it 

is underway, moored, position-keeping, 

or at anchor, unless authorized by the 

Captain of the Port or his or her 

designated representatives. 

When conditions permit, the Captain 

of the Port, or his or her designated 

representatives, may permit vessels that 

are at anchor, restricted in their ability 

to maneuver, or constrained by draft to 

remain within the security zone during 

the enforcement period in order to 

ensure navigational safety. Any Coast 

Guard commissioned, warrant, or petty 

officer, and any other person permitted 

by law, may enforce the regulations in 

this section. 

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 

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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations 61521 

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 expectation is based on the short 

activation and enforcement duration of 

the security zone created by this 

temporary rule, as well as the limited 

geographic area affected by the security 

zone. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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. 

While we are aware that the affected 

area has small entities, including canoe 

and boating clubs and small commercial 

businesses that provide recreational 

services, we anticipate that there will be 

little or no impact to these small entities 

due to the narrowly tailored scope of the 

temporary rule, and to the fact that such 

entities can request permission from the 

Captain of the Port to enter the security 

zone when it is activated. 

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 rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Sean Fahey, U.S. Coast Guard District 

14, at (808) 541–2106. 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. 

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 might 

disproportionately affect children. 

While some obstructers used small 

children in obstruction tactics, both on 

land and on shore, during the August 26 

and 27 Superferry arrivals into Kauai, 

and while online forums and other 

sources indicate that organizers are 

actively recruiting adolescents and 

small children with the intent of putting 

them into harm’s way as obstructers of 

the Superferry’s passage should it ever 

again approach and enter Nawiliwili 

Harbor, any heightened harm faced by 

children as a result of these tactics has 

no relation to the creation of this rule. 

Instead, those heightened risks are 

entirely the product of persons who 

recruit and employ adolescents and 

children to put themselves at risk of 

death or serious physical injury by 

attempting to physically obstruct the 

passage of a large passenger vessel in a 

small harbor. 

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. 

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. 

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61522 Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations 

Environment 

We have analyzed this temporary rule 

under Commandant Instruction 

M16475.1D 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, 

under figure 2–1, paragraph (34)(g) of 

the Commandant Instruction 

M16475.1D, this temporary rule is 

categorically excluded from further 

environmental documentation. An 

‘‘Environmental Analysis Checklist’’

and ‘‘Categorical Exclusion 

Determination’’ supporting this 

conclusion are 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, 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 a new temporary § 165.T14–

163 to read as follows: 

§ 165.T14–163 Security Zone; Nawiliwili 

Harbor, Kauai, HI. 

(a) Location. The following land areas, 

and water areas from the surface of the 

water to the ocean floor, are a security 

zone that is activated as described in 

paragraph (c) of this section, and 

enforced subject to the provisions of 

paragraph (d) of this section: All waters 

of Nawiliwili Harbor, Kauai, shoreward 

of the Nawiliwili Harbor COLREGS 

DEMARCATION LINE (See 33 CFR 

80.1450), excluding the waters west of 

a line running from the southeastern 

most point of the breakwater of 

Nawiliwili Small Boat Harbor due south 

to the south shore of the harbor, and 

excluding the waters from Kalapaki 

Beach south to a line extending from the 

western most point of Kukii Point due 

west to the Harbor Jetty. The land of the 

jetty south of Nawiliwili Park, including 

the jetty access road, commonly known 

as Jetty Road, is included within the 

security zone. 

(b) Effective period. This section is 

effective from November 1, 2007, 

through November 30, 2007. It will be 

activated for enforcement pursuant to 

paragraph (c) of this section. 

(c) Enforcement periods. The zone 

described in paragraph (a) of this 

section will be activated for 

enforcement 60 minutes before the 

Hawaii Superferry’s arrival into the 

zone and remain activated for 10 

minutes after the Hawaii Superferry’s 

departure from the zone. The activation 

of the zone for enforcement will be 

announced by marine information 

broadcast, and by a red flag, illuminated 

between sunset and sunrise, displayed 

from Pier One and the Harbor Facility 

Entrance on Jetty Road. 

(d) Regulations. (1) Under 33 CFR 

165.33, entry by persons or vessels into 

the security zone created by this section 

and activated as described in paragraph 

(c) of this section is prohibited unless 

authorized by the Coast Guard Captain 

of the Port, Honolulu or his or her 

designated representatives. Operation of 

any type of vessel, including every 

description of watercraft or other 

artificial contrivance used, or capable of 

being used, as a means of transportation 

on water, within the security zone is 

prohibited. If a vessel is found to be 

operating within the security zone 

without permission of the Captain of the 

Port, Honolulu, and refuses to leave, the 

vessel is subject to seizure and 

forfeiture. 

(2) All persons and vessels permitted 

in the security zone must comply with 

the instructions of the Coast Guard 

Captain of the Port or the designated onscene patrol personnel. These personnel 

include commissioned, warrant, and 

petty officers of the Coast Guard and 

other persons permitted by law to 

enforce this regulation. Upon being 

hailed by an authorized vessel or law 

enforcement officer using siren, radio, 

flashing light, loudhailer, voice 

command, or other means, the operator 

of a vessel must proceed as directed. 

(3) If authorized passage through the 

security zone, a vessel must operate at 

the minimum speed necessary to 

maintain a safe course and must 

proceed as directed by the Captain of 

the Port or his or her designated 

representatives. While underway with 

permission of the Captain of the Port or 

his or her designated representatives, no 

person or vessel is allowed within 100 

yards of the Hawaii Superferry when it 

is underway, moored, position-keeping, 

or at anchor, unless authorized by the 

Captain of the Port or his or her 

designated representatives. 

(4) When conditions permit, the 

Captain of the Port, or his or her 

designated representatives, may permit 

vessels that are at anchor, restricted in 

their ability to maneuver, or constrained 

by draft to remain within the security 

zone in order to ensure navigational 

safety. 

(e) Enforcement officials. Any Coast 

Guard commissioned, warrant, or petty 

officer, and any other person permitted 

by law, may enforce the regulations in 

this section. 

Dated: October 24, 2007. 

Sally Brice-O’Hara, 

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

Fourteenth Coast Guard District. 

[FR Doc. 07–5413 Filed 10–26–07; 2:34 pm] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 20 

International Mail Service to the 

Republic of the Marshall Islands and 

Federated States of Micronesia 

Reverted to Domestic Mail Service 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending the Mailing Standards of the 

United States Postal Service, 

International Mail Manual (IMM) to 

remove references to the Republic of the 

Marshall Islands and the Federated 

States of Micronesia. Mail to the 

Republic of the Marshall Islands and the 

Federated States of Micronesia is no 

longer treated as international mail. 

DATES: Effective Date: November 19, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Randall F. Sobol, 808–423–3883. 

SUPPLEMENTARY INFORMATION: The Postal 

Service, after high-level discussions 

with the Republic of the Marshall 

Islands and the Federated States of 

Micronesia and consultation with the 

U.S. Department of State, is returning 

these countries to domestic published 

prices and mailing standards. 

On September 15, 2005, the Postal 

Service published in the Federal 

Register (70 FR 54510) a notice 

proposing use of the international price 

schedules for the Republic of the 

Marshall Islands and the Federated 

States of Micronesia. The application of 

international rate schedules to these 

former Trust Territories of the United 

States was permissible, in conformity 

with, and in furtherance of the terms of 

the Compact of Free Association 

between the United States Government 

and the governments of the Republic of 

the Marshall Islands and the Federated 

mstockstill on PROD1PC66 with RULES