Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations 67251 

FDC date State City Airport FDC No. Subject 

11/13/07 ......... NY ................. New York .................... La Guardia .................. 7/4057 ILS or LOC Rwy 4, Amdt 35. 

[FR Doc. E7–23077 Filed 11–27–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 546 

Class II Classification Standards 

AGENCY: National Indian Gaming 

Commission (NIGC), Interior. 

ACTION: Notice of Extension of Comment 

Period. 

SUMMARY: This notice extends the 

period for comments on the burden, 

estimates or any other aspects of the 

information collection requirements for 

the proposed Class II game classification 

standards (72 FR 60483) published in 

the Federal Register on October 24, 

2007. 

DATES: The comment period for 

comments submitted to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, or 

the NIGC on the burden, estimates or 

any other aspects of the information 

collection requirements for the 

proposed Class II game classification 

standards is extended from November 

23, 2007, to January 24, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Penny Coleman at 202/632–7003; fax 

202/632–7066 (these are not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: Congress 

established the National Indian Gaming 

Commission (NIGC or Commission) 

under the Indian Gaming Regulatory Act 

of 1988 (25 U.S.C. 2701 et seq.) (IGRA) 

to regulate gaming on Indian lands. On 

October 24, 2007, the proposed Class II 

game classification standards (72 FR 

60483) regulations were published in 

the Federal Register. 

Dated: November 20, 2007. 

Philip N. Hogen, 

Chairman, National Indian Gaming 

Commission. 

Cloyce V. Choney, 

Vice Chairman, National Indian Gaming 

Commission. 

Norman H. DesRosiers, 

Commissioner, National Indian Gaming 

Commission. 

[FR Doc. E7–23084 Filed 11–27–07; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 547 

Technical Standards for Electronic, 

Computer, or Other Technologic Aids 

Used in the Play of Class II Games 

AGENCY: National Indian Gaming 

Commission (NIGC), Interior. 

ACTION: Notice of Extension of Comment 

Period. 

SUMMARY: This notice extends the 

period for comments on the burden, 

estimates or any other aspects of the 

information collection requirements of 

the proposed Class II technical 

standards (72 FR 60508) published in 

the Federal Register on October 24, 

2007. 

DATES: The comment period for 

comments submitted to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, or 

the NIGC on the burden, estimates or 

any other aspects of the information 

collection requirements for the 

proposed Class II technical standards 

regulations is extended from December 

10, 2007, to January 24, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael Gross at 202/632–7003; fax 

202/632–7066 (these are not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: Congress 

established the National Indian Gaming 

Commission (NIGC or Commission) 

under the Indian Gaming Regulatory Act 

of 1988 (25 U.S.C. 2701 et seq.) (IGRA) 

to regulate gaming on Indian lands. On 

October 24, 2007, the proposed Class II 

technical standards (72 FR 60508) 

regulations were published in the 

Federal Register. 

Dated: November 20, 2007. 

Philip N. Hogen, 

Chairman, National Indian Gaming 

Commission. 

Cloyce V. Choney, 

Vice Chairman, National Indian Gaming 

Commission. 

Norman H. DesRosiers, 

Commissioner, National Indian Gaming 

Commission. 

[FR Doc. E7–23083 Filed 11–27–07; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0093] 

RIN 1625–AA87 

Security Zone; Kahului Harbor, Maui, 

HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule; request 

for comments. 

SUMMARY: The Coast Guard is creating a 

temporary security zone in the waters of 

Kahului Bay and Kahului Harbor, Maui, 

and on designated adjacent areas of 

land. This zone is intended to enable 

the Coast Guard and its law enforcement 

partners to better protect people, 

vessels, and facilities in and around 

Kahului Bay and Kahului Harbor during 

the transit of the Hawaii Superferry. 

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 Superferry. 

DATES: This rule is effective from 12:01 

a.m. (HST) on December 1, 2007, 

through 11:59 p.m. (HST) on January 31, 

2008. Comments and related material 

must reach the Coast Guard on or before 

December 19, 2007. 

ADDRESSES: You may submit comments 

and related material, identified by Coast 

Guard docket number USCG–2007–

0093, by any of the three methods listed 

below. To avoid duplication, please use 

only one of the following methods: 

(1) Mail: Lieutenant Sean Fahey, U.S. 

Coast Guard District 14 (dl), Room 9–

130, PJKK Federal Building, 300 Ala 

Moana Blvd., Honolulu, Hawaii 96850. 

(2) Electronically: E-mail to 

Lieutenant Sean Fahey at 

Sean.C.Fahey@uscg.mil using the 

subject line ‘‘Comment—Maui Security 

Zone.’’

(3) Fax: (808) 541–2101. 

(4) Online: http:// 

www.regulations.gov. 

All comments will be reviewed as 

they are received. We may change this 

rule based on your comments. 

Documents indicated in this preamble 

as being available in the docket are part 

of docket USCG–2007–0093 and are 

available for inspection and copying at 

U.S. Coast Guard District 14 (dl), Room 


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9–130, 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 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

temporary rule. Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing an 

NPRM. It would be contrary to the 

public interest to delay implementing 

this temporary rule, as any delay might 

result in damage or injury to the public, 

the Hawaii Superferry (HSF) and its 

passengers and crew, other vessels, 

facilities, and law enforcement 

personnel. Though operation of the HSF 

from Oahu to Maui was temporarily 

enjoined by the state circuit court in 

Maui, that injunction was lifted on 

November 14, 2007, following action by 

the Hawaii State legislature, and service 

to Maui is advertised to resume on 

December 1, 2007. Given recent 

assessments by the Maui Police 

Department that waterborne obstruction 

tactics similar to those used in Kauai in 

August 2007 are likely to be employed 

in Maui as well when the HSF resumes 

service there, it is critical that this rule 

be in place so that local, State, and 

Federal public safety officials can 

adequately ensure maritime safety and 

security, and secure the observances of 

rights and obligations of the United 

States. 

The main obstruction tactic employed 

by waterborne protesters in Kauai in 

August 2007 was to physically place 

themselves directly in the path of the 

HSF as it attempted to enter the harbor. 

Several obstructers ashore threw rocks 

and bottles at U.S. Coast Guard 

personnel. These actions are dangerous 

not only to the obstructers themselves—

some of whom used or incited children 

and juveniles in support of their 

obstruction efforts—but also to the HSF, 

its passengers and crew, and law 

enforcement personnel working to 

ensure the vessel’s safe passage. 

Groups opposing the lawful operation 

of the HSF continue to vow to impede 

its transit utilizing these same 

dangerous tactics. These opposition 

groups have started several internet 

forums to encourage and coordinate 

support for their efforts. The danger 

such obstruction tactics pose is 

illustrated by an article posted on 

November 5, 2007, on Surferspath.com, 

a popular Web site for Hawaiian surfers. 

In this article, two prominent 

opposition members urge those who 

oppose the operation of the Superferry 

to take ‘‘the last step of non-violent 

resistance,’’ and prepare themselves for 

the possibility of ‘‘physical injury or 

death’’ that may result from obstructing 

the Superferry. These preparations 

include making the ‘‘proper 

arrangements,’’ preparing a ‘‘last will 

and testament’’ and engaging in a 

‘‘cleansing ceremony to prepare your 

body, mind, and spirit to greet the 

Spiritual Hierarchy that awaits your 

return.’’ The letter goes on to say that, 

‘‘[t]here is also the possibility of 

accident in the turmoil of numerous 

boats, swimmers, and surfers in an 

ocean environment. In that sense you 

have to be prepared at the level of the 

Native American who decided when it 

was ‘a good day to die.’ ’’

The Coast Guard cannot disregard 

such adamant safety and security 

threats. Consequently, this rule is 

necessary to prevent damage or injury to 

vessels, persons, and waterfront 

facilities, including the HSF, its 

passengers and crew, law enforcement 

personnel working to ensure the vessel’s 

safe passage, and the obstructers 

themselves, arising from these 

dangerous and unlawful obstruction 

tactics. Any delay in implementing this 

temporary rule would be contrary to the 

public interest and would jeopardize the 

security and safety of the public, the 

HSF and its passengers and crew, other 

vessels, facilities, and law enforcement 

personnel. 

For the same reasons, 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. 

Although the Coast Guard has good 

cause to issue this temporary rule 

without first publishing a proposed rule, 

you are invited to submit postpromulgation comments and related 

material regarding this rule on or before 

December 19, 2007. We may change this 

temporary interim rule based on the 

comments received. All comments 

received will be posted, without change, 

to http://www.regulations.gov and will 

include any personal information you 

have provided. We have an agreement 

with the Department of Transportation 

(DOT) for their Docket Management 

Facility to process online submissions 

to Coast Guard dockets. You may review 

the Department of Transportation’s 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477), or you may visit 

http://DocketsInfo.dot.gov. 

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 

certified 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 sole port in 

Maui that can accommodate the HSF is 

Kahului Harbor. The sole port in Kauai 

that can accommodate the HSF is 

Nawiliwili Harbor. 

The HSF inaugurated commercial 

service from Oahu to both Maui and 

Kauai on August 26, 2007. The voyage 

to and from Maui on that date occurred 

without incident. However, in Kauai, 

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. Other 

demonstrators ashore threw rocks and 

bottles at Coast Guard personnel who 

were conveying detained obstructers to 

shore. 

On the following day, August 27, 

2007, the HSF again sailed to and from 

Maui without incident. Upon arrival in 

Kauai, however, approximately 70 

persons entered the water again to 

physically block the channel entrance, 

thereby preventing the HSF from 

docking in Nawiliwili Harbor. Due to 

the difficulty in 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’s master, after consulting with 

company officials, made the decision to 

return to Oahu without mooring in 

Kauai. 

On August 28, HSF officials 

announced the ‘‘indefinite’’ suspension 

of commercial operations. Since that 

date, the HSF has only sailed in 

commercial service to either Kauai or 

Maui once; on September 8, 2007, to 

pick up and return cars to Oahu that 

were stranded on Maui after the 


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suspension of commercial service on 

August 28. This sailing was the product 

of a stipulated agreement in an ongoing 

lawsuit (discussed further below) 

involving HSF and environmental 

groups opposed to the HSF operating in 

and out of Kahului Harbor, Maui. 

Shortly after the company announced 

its suspension of operations on August 

28, the trial court judge in the ongoing 

state court proceeding referenced in the 

previous paragraph issued a temporary 

restraining order, which was followed 

by a preliminary injunction several 

weeks later, prohibiting HSF from 

utilizing the harbor improvements in 

Kahului Harbor, Maui. This injunction 

was the product of a Hawaii Supreme 

Court determination that the Hawaii 

Environmental Protection Act (HEPA) 

required the state to conduct an 

environmental assessment of the effects 

of the harbor improvements that were 

necessary to accommodate the HSF in 

Kahului Harbor. Following the Supreme 

Court decision, the trial court 

determined that HEPA required the 

environmental assessment to be 

conducted before the HSF could use 

those harbor improvements; and since 

that assessment had not occurred, the 

injunction was a necessary remedy. The 

injunction only pertained to Kahului 

Harbor; it did not apply in Nawiliwili 

Harbor, Kauai. However, the HSF 

voluntarily decided not to sail to Kauai 

while the court case was ongoing. 

In response to this judicial action, the 

governor called the Hawaii legislature 

into special session to consider whether 

to grant legislative relief to HSF. The 

legislature passed a bill during this 

special session called Act 2, which the 

governor signed into law. Act 2 allowed 

the HSF to utilize the harbor 

improvements in Maui and Kauai while 

all necessary environmental 

assessments were being conducted. The 

trial judge in Maui determined that this 

legislation overcame the requirement in 

HEPA that caused him to enjoin HSF 

from utilizing of the harbor 

improvements in Maui, and in a ruling 

on November 14, 2007, he dissolved and 

vacated the injunction. This opened the 

door to HSF resuming commercial 

service to Maui. 

Notwithstanding the fact that the HSF 

did not face waterborne obstructers in 

Kahului Harbor during any of its 

commercial voyages there, recent 

intelligence and assessments by the 

Maui Police Department indicate a 

substantial likelihood that certain 

elements in Maui, disaffected by the 

process that led to adoption of Act 2 and 

vacation of the injunction, plan to adopt 

the dangerous tactics used by the 

obstructers in Kauai in an effort to 

prevent the HSF from safely arriving in 

Maui. Individuals and groups have 

organized rallies and started several 

internet forums to encourage and 

coordinate support for their efforts. The 

dangerous and unlawful intent of these 

individuals and groups is clear, as is 

their resolve. 

This temporary security zone is in 

response to the threat posed by wouldbe obstructers in and around Kahului 

Harbor to HSF and its crew and 

passengers, law enforcement officers 

working to ensure HSF’s safe transit, 

and the obstructers themselves. By 

designating significant portions of the 

waters of Kahului Harbor and Kahului 

Bay, and specified areas of land adjacent 

to the water, 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 security 

zone rule provides the Coast Guard and 

its law enforcement partners the 

authority to prevent persons and vessels 

from entering or remaining in the water 

with the intent of using themselves as 

human barriers to impede the HSF’s safe 

passage. 

Discussion of Rule 

This rule creates a temporary security 

zone in most of the waters of Kahului 

Harbor, Maui; in waters of Kahului Bay, 

Maui; and on designated areas of land 

adjacent to Kahului Harbor. This 

temporary security zone is effective 

from 12:01 a.m. (HST) on December 1, 

2007, through 11:59 p.m. (HST) on 

January 31, 2008. The security zone will 

be activated for enforcement 60 minutes 

before the HSF’s arrival into the zone, 

and will remain activated for 10 

minutes after the HSF’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, posted at the following 

locations: at Gate 1 at the main entrance 

to the harbor; on Pier No. 2; and at the 

harbor entrance on Wharf Street. During 

its period of activation and enforcement, 

entry into the land and water areas of 

the security zone is prohibited without 

the permission of the Captain of the 

Port, Honolulu, or his or her designated 

representative. 

In preparing this temporary rule, the 

Coast Guard made sure to consider the 

rights of lawful protestors. To that end, 

the Coast Guard excluded from the 

security zone a defined region which 

creates a sizeable area of water in which 

demonstrators may lawfully assemble 

and convey their message in a safe 

manner to their intended audience. This 

area of the harbor not included in the 

security zone is completely accessible to 

anyone who desires to enter the water, 

and is 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 Kahului 

Harbor and Kahului Bay in its creation 

of this temporary 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. Kahului 

Harbor and Kahului Bay are fully 

available to all users during the period 

when the zone is not activated. 

Furthermore, the rule affords those 

desiring to use the harbor and 

surrounding waters and land areas with 

the opportunity to and a process for 

requesting permission of the Captain of 

the Port to enter the zone while it is 

activated in a manner that will not 

endanger any vessel, waterfront facility, 

the port, or any person. 

The security zone incorporates the 

minimum land and water areas 

necessary to ensure the purposes 

underlying the rule’s creation are 

served. Waters outside of the harbor are 

included in the zone to ensure that the 

HSF is able to line up, unimpeded, on 

the range that guides it safely into 

Kahului Harbor. The breakwaters on 

either side of the harbor entrance are 

included in the zone to ensure that 

would-be obstructers do not have a 

ready staging point for attempting to 

block the very narrow entrance to 

Kahului Harbor. Pier No. 2, to which the 

HSF ties up, is included in the security 

zone, is entirely fenced off, and not 

legally accessible except to authorized 

personnel. Other than the designated 

protest area, the waters of Kahului 

Harbor, including areas of the harbor 

not navigable by the HSF, are included 

in the zone to prevent would-be 

obstructers from interfering with law 

enforcement vessels in the harbor that 

are working to ensure the HSF’s safe 

passage. 

Under 33 CFR 165.33, entry by 

persons or vessels into the security zone 

during a period of zone activation 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 while the zone 

is activated is prohibited. If a vessel is 

found to be operating within the 

security zone without permission of the 


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Captain of the Port, Honolulu while the 

zone is activated, the vessel is subject to 

seizure and forfeiture. 

All persons and vessels permitted in 

the security zone while the zone is 

activated 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 the 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, 

under 33 CFR 165.1408, no person or 

vessel is allowed within 100 yards of 

the HSF 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 

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 

this temporary rule, as well as 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 offer to assist small entities in 

understanding this rule so that they may 

better evaluate its effects on them and 

participate in the rulemaking process. If 

this 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 

either preempts State law or imposes 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 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

While some obstructers, both on land on 

and shore, used small children in 

furtherance of their obstruction 

activities during the August 26 and 27 

HSF arrivals into Kauai, and while 

online forums and other sources 

indicate that some organizers are 

actively recruiting adolescents and 

small children with the intent of putting 

them in harm’s way should the HSF 

attempt to enter either Kauai or Maui, 

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 


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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 is 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, 

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 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 rule is categorically 

excluded from further environmental 

documentation. An ‘‘Environmental 

Analysis Checklist’’ and ‘‘Categorical 

Exclusion Determination’’ 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 § 165.T14–164 to read 

as follows: 

§ 165.T14–164 Security Zone; Kahului 

Harbor, Maui, 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: 

(1) All waters of Kahului Harbor, 

Maui, shoreward of the Kahului Harbor 

COLREGS DEMARCATION LINE (see 

33 CFR 80.1460), except for a zone 

extending from the shoreline with the 

following three legs as boundaries: 

(i) A leg extending in a straight line 

between Buoy ‘‘10’’ (LLNR 28375) and 

Buoy ‘‘12’’ (LLNR 28380); 

(ii) A leg extending in a straight line 

between Buoy ‘‘10’’ (LLNR 28375) and 

the nearest shoreline point; and 

(iii) A leg extending in a straight line 

between Buoy ‘‘12’’ (LLNR 28380) and 

the fence line at the southwestern base 

of Pier Two, at position (20°53.589′ N, 

156°28.084′ W). 

(2) Pier No. 2 in Kahului Harbor. 

(3) The eastern breakwater at the 

entrance of Kahului Harbor, beginning 

at the east break wall (20°53.958′ N, 

156°28.161′ W). 

(4) The western breakwater at the 

entrance of Kahului Harbor, beginning 

at the berm on the west break wall 

(20°53.925′ N, 156°28.611′ W). 

(5) All waters of Kahului Bay 

bounded on the south by the COLREGS. 

DEMARCATION LINE (see 33 CFR 

80.1460); bounded on the north by line 

of latitude 20°56′ N; bounded on the 

west by a straight line drawn from the 

berm on the west break wall (20°53.925′ 

N, 156°28.611′ W) at a direction of 330° 

to the line of latitude 20°56′ N; and 

bounded on the east by a straight line 

drawn from the east break wall 

(20°53.958′ N, 156°28.161′ W) at a 

direction of 030° and ending at the line 

of latitude 20°56′ N. 

(b) Effective period. This section is 

effective from 12:01 a.m. (HST) on 

December 1, 2007, through 11:59 p.m. 

(HST) on January 31, 2008. It will be 

activated for enforcement as described 

in 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 will remain activated until 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, posted at 

the following locations: At Gate 1 at the 

main entrance to the harbor; on Pier No. 

2; and at the harbor entrance on Wharf 

Street. 

(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 

comprise 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 


ebenthall on PRODPC61 with RULES
67256 Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Rules and Regulations 

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) Persons desiring to transit the 

security zone in this section may 

contact the Captain of the Port at 

telephone number (808) 927–0865 or on 

VHF channel 12 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 

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 in order to ensure 

navigational safety. 

(e) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other Captain of the Port 

representative permitted by law, may 

enforce this temporary security zone. 

Dated: November 21, 2007. 

Sally Brice-O’Hara, 

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

Fourteenth Coast Guard District. 

[FR Doc. 07–5872 Filed 11–26–07; 1:53 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0105; FRL–8340–6] 

Acetamiprid; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of acetamiprid in 

or on almond, hulls; fruit, stone, group 

12, except plum, prune; nut, tree, group 

14; pea and bean, succulent shelled, 

subgroup 6B; pistachio; plum, prune, 

dried; plum, prune, fresh; vegetable, 

cucurbit, group 9; and vegetable, 

legume, edible podded, subgroup 6A. 

Nippon Soda Co., Ltd. requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

November 28, 2007. Objections and 

requests for hearings must be received 

on or before January 28, 2008, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2007–0105. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

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

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

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

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305–

5805. 

FOR FURTHER INFORMATION CONTACT: 

Susan Stanton, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5218; e-mail address: 

stanton.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS code 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

311), e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, any 

person may file an objection to any 

aspect of this regulation and may also 

request a hearing on those objections. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ–

OPP–2007–0105 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before January 28, 2008. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA–

HQ–OPP–2007–0105, by one of the 

following methods: 


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