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12740 Federal Register / Vol. 72, No.

52 / Monday, March 19, 2007 / Rules and Regulations

(iv) A covered financial institution DATES: This rule is effective March 24, will be enforced from 5 a.m. to 6 p.m.
required to terminate a correspondent 2007. on those days and if the event’s daily
account pursuant to paragraph (b)(2)(iii) ADDRESSES: Documents indicated in this activities should conclude prior to 6
of this section: preamble as being available in the p.m., enforcement of this regulation may
(A) Should do so within a docket, are part of docket (CGD05–07– be terminated for that day at the
commercially reasonable time, and 001) and are available for inspection or discretion of the Patrol Commander.
should not permit the foreign bank to copying at Commander (dpi), Fifth The U.S. Naval Academy is the sponsor
establish any new positions or execute Coast Guard District, 431 Crawford for all of these events and intends to
any transaction through such Street, Portsmouth, Virginia 23704– hold them annually on the dates
correspondent account, other than those 5004, between 9 a.m. and 2 p.m., provided in 33 CFR 100.518.
necessary to close the correspondent Monday through Friday, except Federal
account; and Discussion of Comments and Changes
holidays.
(B) May reestablish a correspondent The Coast Guard did not receive
FOR FURTHER INFORMATION CONTACT:
account closed pursuant to this comments in response to the Notice of
Dennis M. Sens, Project Manager,
paragraph if it determines that the proposed rulemaking (NPRM) published
Inspections and Compliance Branch, at
correspondent account will not be used in the Federal Register. Accordingly,
(757) 398–6204.
to provide banking services indirectly to the Coast Guard is establishing
Banco Delta Asia. SUPPLEMENTARY INFORMATION:
temporary special local regulations on
(3) Recordkeeping and reporting. (i) A Regulatory Information specified waters of the Severn River,
covered financial institution is required College Creek, Weems Creek and Carr
to document its compliance with the On February 1, 2007, we published a
Notice of proposed rulemaking (NPRM) Creek, Annapolis, Maryland.
notice requirement set forth in
paragraph (b)(2)(i)(A) of this section. entitled Special Local Regulations for Regulatory Evaluation
(ii) Nothing in this section shall Marine Events; College Creek, Weems
Creek and Carr Creek, Annapolis, MD in This rule is not a ‘‘significant
require a covered financial institution to regulatory action’’ under section 3(f) of
report any information not otherwise the Federal Register (72 FR 4669). We
received no letters commenting on the Executive Order 12866, Regulatory
required to be reported by law or Planning and Review, and does not
regulation. proposed rule. No public meeting was
requested, and none was held. require an assessment of potential costs
Dated: March 14, 2007. Under 5 U.S.C. 553(d)(3), the Coast and benefits under section 6(a)(3) of that
William F. Baity, Guard finds that good cause exists for Order. The Office of Management and
Acting Director, Financial Crimes making this rule effective less than 30 Budget has not reviewed it under that
Enforcement Network. days after publication in the Federal Order. It is not ‘‘significant’’ under the
[FR Doc. 07–1313 Filed 3–14–07; 11:41 am] Register. Delaying the effective date regulatory policies and procedures of
BILLING CODE 4810–02–P would be contrary to the public interest, the Department of Homeland Security
since immediate action is needed to (DHS).
ensure the safety of the event We expect the economic impact of
DEPARTMENT OF HOMELAND participants, support craft and other this rule to be so minimal that a full
SECURITY vessels transiting the event area. Regulatory Evaluation under the
However, advance notifications will be regulatory policies and procedures of
Coast Guard made to affected waterway users via DHS is unnecessary. The effect of this
marine information broadcasts, area action merely establishes the dates on
33 CFR Part 100 newspapers and local radio stations. which the existing regulations would be
enforced. It would not impose any
[CGD05–07–001] Background and Purpose additional restrictions on vessel traffic.
RIN 1625–AA08 We are amending 33 CFR 100.518 to Small Entities
accommodate changes to the
Special Local Regulations for Marine enforcement period for U.S. Naval Under the Regulatory Flexibility Act
Events; Severn River, College Creek, Academy sponsored marine events. (5 U.S.C. 601–612), we have considered
Weems Creek and Carr Creek, Each year the U.S. Naval Academy hosts whether this rule would have a
Annapolis, MD various marine events on the Severn significant economic impact on a
AGENCY: Coast Guard, DHS. River adjacent to the academy. substantial number of small entities.
ACTION: Final rule. Organized collegiate crew races are The term ‘‘small entities’’ comprises
typically held annually during small businesses, not-for-profit
SUMMARY: The Coast Guard is amending weekends in March, April and May. The organizations that are independently
the special local regulations at 33 CFR Blue Angels air show is normally owned and operated and are not
100.518. This rulemaking is intended to scheduled during graduation week at dominant in their fields, and
accommodate changes in event dates for the U.S. Naval Academy. Maritime governmental jurisdictions with
recurring marine events specified in this traffic is prohibited from using the populations of less than 50,000.
regulation. The marine events included regulated area of the Severn River The Coast Guard certifies under 5
in this special local regulation include during air show performances in U.S.C. 605(b) that this rule would not
the Safety at Sea Seminar, U.S. Naval accordance with Federal Aviation have a significant economic impact on
Academy Crew Races and the Blue Administration requirements. The dates a substantial number of small entities.
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Angels Air Show. This rule is intended for marine events for 2007 will be; This rule would affect the following
to restrict vessel traffic in portions of the Safety at Sea Seminar on March 24, entities, some of which might be small
Severn River during the period of these 2007; U.S. Naval Academy crew races entities: the owners or operators of
marine events and is necessary to on May 6 and May 27, 2007; and the vessels intending to transit or anchor in
provide for the safety of life on Blue Angels air show on May 23 and a portion of the Severn River during the
navigable waters during the event. May 24, 2007. The special regulation event.

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Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations 12741

This rule would not have a significant $100,000,000 or more in any one year. provides Congress, through the Office of
economic impact on a substantial Though this rule would not result in Management and Budget, with an
number of small entities for the such an expenditure, we do discuss the explanation of why using these
following reasons. This rule would effects of this rule elsewhere in this standards would be inconsistent with
merely establish the dates on which the preamble. applicable law or otherwise impractical.
existing regulations would be enforced. Voluntary consensus standards are
Taking of Private Property
It would not impose any additional technical standards (e.g., specifications
restrictions on vessel traffic. This rule would not effect a taking of of materials, performance, design, or
private property or otherwise have operation; test methods; sampling
Assistance for Small Entities taking implications under Executive procedures; and related management
Under section 213(a) of the Small Order 12630, Governmental Actions and systems practices) that are developed or
Business Regulatory Enforcement Interference with Constitutionally adopted by voluntary consensus
Fairness Act of 1996 (Pub. L. 104–121), Protected Property Rights. standards bodies.
we offered to assist small entities in This rule does not use technical
Civil Justice Reform
understanding this rule so that they can standards. Therefore, we did not
better evaluate its effects on them and This rule meets applicable standards consider the use of voluntary consensus
participate in the rulemaking. If the rule in sections 3(a) and 3(b)(2) of Executive standards.
would affect your small business, Order 12988, Civil Justice Reform, to
organization, or governmental minimize litigation, eliminate Environment
jurisdiction and you have questions ambiguity, and reduce burden. We have analyzed this rule under
concerning its provisions or options for Protection of Children Commandant Instruction M16475.lD
compliance, please contact the address and Department of Homeland Security
listed under ADDRESSES. The Coast We have analyzed this rule under
Management Directive 5100.1, which
Guard will not retaliate against small Executive Order 13045, Protection of
guides the Coast Guard in complying
entities that question or complain about Children from Environmental Health
with the National Environmental Policy
this rule or any policy or action of the Risks and Safety Risks. This rule is not
Act of 1969 (NEPA) (42 U.S.C. 4321–
Coast Guard. an economically significant rule and
4370f), and have concluded that there
Small businesses may send comments would not create an environmental risk
are no factors in this case that would
on the actions of Federal employees to health or risk to safety that might
limit the use of a categorical exclusion
who enforce, or otherwise determine disproportionately affect children.
under section 2.B.2 of the Instruction.
compliance with, Federal regulations to Indian Tribal Governments Therefore, this rule is categorically
the Small Business and Agriculture excluded, under figure 2–1, paragraph
Regulatory Enforcement Ombudsman This rule does not have tribal
implications under Executive Order (34)(h), of the Instruction, from further
and the Regional Small Business environmental documentation. Special
Regulatory Fairness Boards. The 13175, Consultation and Coordination
with Indian Tribal Governments, local regulations issued in conjunction
Ombudsman evaluates these actions with a regatta or marine event permit
annually and rates each agency’s because it would not have a substantial
direct effect on one or more Indian are specifically excluded from further
responsiveness to small business. If you analysis and documentation under that
wish to comment on actions by tribes, on the relationship between the
Federal Government and Indian tribes, section.
employees of the Coast Guard, call 1– Under figure 2–1, paragraph (34)(h),
888–REG–FAIR (1–888–734–3247). or on the distribution of power and
responsibilities between the Federal of the Instruction, an ‘‘Environmental
Collection of Information Government and Indian tribes. Analysis Check List’’ and a ‘‘Categorical
This rule would call for no new Exclusion Determination’’ are not
Energy Effects required for this rule.
collection of information under the
Paperwork Reduction Act of 1995 (44 We have analyzed this rule under List of Subjects in 33 CFR Part 100
U.S.C. 3501–3520). Executive Order 13211, Actions
Concerning Regulations That Marine safety, Navigation (water),
Federalism Significantly Affect Energy Supply, Reporting and recordkeeping
A rule has implications for federalism Distribution, or Use. We have requirements, Waterways.
under Executive Order 13132, determined that it is not a ‘‘significant ■ For the reasons discussed in the
Federalism, if it has a substantial direct energy action’’ under that order because preamble, the Coast Guard amends 33
effect on State or local governments and it is not a ‘‘significant regulatory action’’ CFR part 100 as follows:
would either preempt State law or under Executive Order 12866 and is not
impose a substantial direct cost of likely to have a significant adverse effect PART 100—SAFETY OF LIFE ON
compliance on them. We have analyzed on the supply, distribution, or use of NAVIGABLE WATERS
this rule under that Order and have energy. The Administrator of the Office
determined that it does not have of Information and Regulatory Affairs ■ 1. The authority citation for part 100
implications for federalism. has not designated it as a significant is revised to read as follows:
energy action. Therefore, it does not Authority: 33 U.S.C. 1233.
Unfunded Mandates Reform Act require a Statement of Energy Effects ■ 2. Revise paragraphs (c)(1)
The Unfunded Mandates Reform Act under Executive Order 13211. introductory text, (c)(1)(i), (c)(1)(ii),
of 1995 (2 U.S.C. 1531–1538) requires (c)(1)(iii) and (c)(2) and add paragraph
Technical Standards
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Federal agencies to assess the effects of (c)(3) of § 100.518 to read as follows:


their discretionary regulatory actions. In The National Technology Transfer
particular, the Act addresses actions and Advancement Act (NTTAA) (15 § 100.518 Severn River, College Creek,
that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Weems Creek and Carr Creek, Annapolis,
State, local, or tribal government, in the voluntary consensus standards in their Maryland.
aggregate, or by the private sector of regulatory activities unless the agency * * * * *

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12742 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations

(c) Enforcement period. (1) This Street, Portsmouth, Virginia 23704– and benefits under section 6(a)(3) of that
section will be enforced from 5 a.m. to 5004, between 9 a.m. and 2 p.m., Order. The Office of Management and
6 p.m. on days when the following Monday through Friday, except Federal Budget has not reviewed it under that
events are held: holidays. Order. It is not ‘‘significant’’ under the
(i) Safety at Sea Seminar, held on the FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of
fourth Saturday in March; Dennis M. Sens, Project Manager, the Department of Homeland Security
(ii) Naval Academy Crew Races held Inspections and Investigations Branch, (DHS).
on the last weekend in March and every at (757) 398–6204. We expect the economic impact of
weekend in April and May; SUPPLEMENTARY INFORMATION: this rule to be so minimal that a full
(iii) Blue Angels Air Show, held on Regulatory Evaluation under the
the fourth Tuesday and Wednesday in Regulatory Information regulatory policies and procedures of
May. On February 12, 2007, we published DHS is unnecessary. The effect of this
(2) Should the event’s daily activities a Notice of Proposed Rulemaking action merely establishes the date on
conclude prior to 6 p.m., enforcement of (NPRM) entitled Special Local which the existing regulation would be
this section may be terminated for that Regulations for Marine Events; St. in effect and would not impose any new
day at the discretion of the Coast Guard Mary’s River, St. Mary’s City, MD in the restrictions on vessel traffic.
Patrol Commander. Federal Register (72 FR 6510). We
(3) The Commander, Fifth Coast received no letters commenting on the Small Entities
Guard District will publish a notice in proposed rule. No public meeting was Under the Regulatory Flexibility Act
the Fifth Coast Guard District Local requested, and none was held. (5 U.S.C. 601–612), we have considered
Notice to Mariners announcing the whether this rule would have a
specific event dates and times. Notice Background and Purpose
significant economic impact on a
will also be made via marine Safety On April 21, 2007, St. Mary’s College substantial number of small entities.
Radio Broadcast on VHF–FM marine of Maryland will sponsor the ‘‘Seahawk The term ‘‘small entities’’ comprises
band radio channel 22 (157.1 MHz). Sprint’’ crew races on the waters of the small businesses, not-for-profit
Dated: March 8, 2007. St. Mary’s River. The event will consist organizations that are independently
Larry L. Hereth,
of intercollegiate crew rowing teams owned and operated and are not
racing along a 2000 meter course on the dominant in their fields, and
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
waters of the St. Mary’s River. A fleet of governmental jurisdictions with
spectator vessels is expected to gather populations of less than 50,000.
[FR Doc. E7–4938 Filed 3–16–07; 8:45 am]
near the event site to view the
BILLING CODE 4910–15–P The Coast Guard certifies under 5
competition. The regulation at 33 CFR
U.S.C. 605(b) that this rule would not
100.527 is effective annually for the St.
have a significant economic impact on
Mary’s College crew races marine event.
DEPARTMENT OF HOMELAND a substantial number of small entities.
Paragraph (d) of Section 100.527
SECURITY This rule would effect the following
establishes the enforcement date for the
entities, some of which might be small
Coast Guard St. Mary’s Seahawk crew races. This
entities: the owners or operators of
regulation temporarily changes the
vessels intending to transit or anchor in
33 CFR Part 100 enforcement date from the second
a portion of the St. Mary’s River during
Saturday in April to the third Saturday
[CGD05–07–004] the event.
in April, holding the marine event on
April 21, 2007. St. Mary’s College crew This rule would not have a significant
RIN 1625–AA08
club who is the sponsor for this event economic impact on a substantial
Special Local Regulations for Marine intends to hold this event annually; number of small entities for the
Events; St. Mary’s River, St. Mary’s however, they have changed the date of following reasons. This rule would
City, MD the event for 2007 so that it is outside merely change the date on which the
the scope of the existing enforcement existing regulations would be enforced
AGENCY: Coast Guard, DHS. in the regulated area and would not
period. To provide for the safety of
ACTION: Temporary final rule. participants, spectators, support and impose any new restrictions on vessel
transiting vessels, the Coast Guard is traffic.
SUMMARY: The Coast Guard is
temporarily changing the enforcement temporarily restricting vessel traffic in Assistance for Small Entities
period for the ‘‘St. Mary’s Seahawk the event area during the crew races.
Under section 213(a) of the Small
Sprint’’ held annually on the waters of Discussion of Comments and Changes Business Regulatory Enforcement
the St. Mary’s River, near St. Mary’s Fairness Act of 1996 (Pub. L. 104–121),
The Coast Guard did not receive
City, Maryland. This special local we offered to assist small entities in
comments in response to the Notice of
regulation is intended to restrict vessel understanding this rule so that they can
Proposed Rulemaking (NPRM)
traffic in portions of the St. Mary’s River better evaluate its effects on them and
published in the Federal Register.
and is necessary to provide for the participate in the rulemaking. If the rule
Accordingly, the Coast Guard is
safety of life on navigable waters during would affect your small business,
establishing temporary special local
the event. organization, or governmental
regulations on specified waters of the St.
DATES: This rule is effective from 7 a.m. Mary’s River, St. Mary’s City, Maryland. jurisdiction and you have questions
to 5 p.m. on April 21, 2007. concerning its provisions or options for
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ADDRESSES: Documents indicated in this Regulatory Evaluation compliance, please contact the address
preamble as being available in the This rule is not a ‘‘significant listed under ADDRESSES. The Coast
docket, are part of docket (CGD05–07– regulatory action’’ under section 3(f) of Guard will not retaliate against small
004) and are available for inspection or Executive Order 12866, Regulatory entities that question or complain about
copying at Commander (dpi), Fifth Planning and Review, and does not this rule or any policy or action of the
Coast Guard District, 431 Crawford require an assessment of potential costs Coast Guard.

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