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56972 Federal Register / Vol. 72, No.

193 / Friday, October 5, 2007 / Proposed Rules

(e) An indication if TCAS II or ACAS is in the vicinity of Hopewell, VA centered Background and Purpose
installed and operating in a mode that can on position 37–19.18′ N/077–16.93′ W
generate resolution advisory alerts; On December 1, 2007, the Christmas
(NAD 1983) in support of the Christmas Holiday Boat Parade and Fireworks
(f) If an operable TCAS II or ACAS is
installed, an indication if a resolution
Holiday Boat Parade and Fireworks event will be held on the Appomattox
advisory is in effect; Event. This action is intended to restrict River in Hopewell, VA. Due to the need
(g) An indication if the flight crew has vessel traffic on the Appomattox River to protect mariners and spectators from
selected to receive ATC services; as necessary to protect mariners from the hazards associated with the
(h) An indication of the Mode 3/A the hazards associated with fireworks fireworks display, vessel traffic will be
transponder code specified by ATC; displays. temporarily restricted within 600 feet of
(i) An indication of the aircraft’s call sign
that is submitted on the flight plan, or the DATES: Comments and related material the display.
aircraft’s registration number; must reach the Coast Guard on or before Discussion of Proposed Rule
(j) An indication if the flight crew has November 5, 2007.
identified an emergency and if so, the The Coast Guard proposes to establish
emergency status being transmitted; ADDRESSES: You may mail comments a 600 foot radius safety zone on
(k) An indication of the aircraft’s ‘‘IDENT’’ and related material to Commander, specified waters of the Appomattox
to ATC; Sector Hampton Roads, Norfolk Federal River in the vicinity of Hopewell, VA
(l) An indication of the aircraft assigned Building, 200 Granby St., 7th Floor, centered on position 37–19.18′ N/077–
ICAO 24-bit address; Attn: Lieutenant Junior Grade TaQuitia 16.93′ W (NAD 1983). This regulated
(m) An indication of the aircraft’s emitter Winn, Norfolk, VA 23510. Sector
category;
area will be established in the interest
Hampton Roads maintains the public of public safety during the Christmas
(n) An indication whether a cockpit
display of traffic information (CDTI) is
docket for this rulemaking. Comments Holiday Boat Parade and Fireworks
installed and operable; and and material received from the public, event and will be enforced from 6 p.m.
(o) An indication of the aircraft’s geometric as well as documents indicated in this on December 1, 2007 to 8 p.m. on
altitude. preamble as being available in the December 2, 2007. General navigation in
Section 5. ADS–B Latency Requirements
docket, will become part of this docket the safety zone will be restricted during
and will be available for inspection or the event. Except for participants and
(a) Upon receipt of the information by the copying at the Norfolk Federal Building
aircraft antenna(s), the navigation position vessels authorized by the Captain of the
sensor must process the information in less between 9 a.m. and 2 p.m., Monday Port or his designated Coast Guard
than 0.5 seconds. through Friday, except Federal holidays. Representative on scene, no person or
(b) The processed information from the FOR FURTHER INFORMATION CONTACT: vessel may enter or remain in the
navigation position sensor must be Lieutenant Junior Grade TaQuitia Winn, regulated area.
transmitted in the ADS–B Out message in Assistant Chief, Waterways
less than 1.0 second. Regulatory Evaluation
(c) The aircraft must transmit its position
Management Division, Sector Hampton
Roads at (757) 668–5580. This proposed rule is not a
and velocity at least once per second while ‘‘significant regulatory action’’ under
airborne or while moving on the airport SUPPLEMENTARY INFORMATION: section 3(f) of Executive Order 12866,
surface.
(d) The aircraft must transmit its position Request for Comments Regulatory Planning and Review, and
at least once every 5 seconds while stationary does not require an assessment of
We encourage you to participate in potential costs and benefits under
on the airport surface.
this rulemaking by submitting section 6(a)(3) of that Order. The Office
Issued in Washington, DC, on October 1, comments and related material. If you
2007. of Management and Budget has not
do so, please include your name and reviewed it under that Order.
Michael A. Cirillo,
address, identify the docket number for We expect the economic impact of
Vice President, System Operations Services. this rulemaking, CGD05–07–092, and this proposed rule to be so minimal that
Rick Day, indicate the specific section of this a full Regulatory Evaluation under the
Vice President, En Route and Oceanic document to which each comment regulatory policies and procedures of
Services. applies, and give the reason for each DHS is unnecessary. Although this
[FR Doc. 07–4938 Filed 10–2–07; 9:08 am] comment. Please submit all comments proposed regulation would restrict
BILLING CODE 4910–13–P and related material in an unbound access to the regulated area, the effect of
format, no larger than 81⁄2 by 11 inches, this rule will not be significant because:
suitable for copying. If you would like (i) The safety zone will be in effect for
DEPARTMENT OF HOMELAND to know they reached us, please enclose a limited duration of time; and, (ii) the
SECURITY a stamped, self-addressed postcard or Coast Guard will provide notifications
envelope. We will consider all via maritime advisories so mariners can
Coast Guard comments and material received during adjust their plans accordingly.
the comment period. We may change
33 CFR Part 165 this proposed rule in view of them. Small Entities
Under the Regulatory Flexibility Act
[CCGD05–07–092] Public Meeting
(5 U.S.C. 601–612), we have considered
RIN 1625–AA00 We do not plan to hold a public whether this proposed rule would have
meeting, but you may submit a request a significant economic impact on a
Safety Zone: Christmas Holiday Boat for a meeting by writing to the substantial number of small entities.
Parade and Fireworks, Appomattox Commander, Sector Hampton Roads at The term ‘‘small entities’’ comprises
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River, Hopewell, VA the address under ADDRESSES explaining small businesses, not-for-profit
AGENCY: Coast Guard, DHS. why one would be beneficial. If we organizations that are independently
ACTION: Notice of proposed rulemaking. determine that one would aid this owned and operated and are not
rulemaking, we will hold one at a time dominant in their fields, and
SUMMARY: The Coast Guard proposes to and place announced by a later notice governmental jurisdictions with
establish a 600 foot radius safety zone in the Federal Register. populations of less than 50,000.

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Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules 56973

The Coast Guard certifies under 5 their discretionary regulatory actions. In require a Statement of Energy Effects
U.S.C. 605(b) that this proposed rule particular, the Act addresses actions under Executive Order 13211.
would not have a significant economic that may result in the expenditure by a
Technical Standards
impact on a substantial number of small State, local, or tribal government, in the
entities because the zone will only be in aggregate, or by the private sector of The National Technology Transfer
place for a limited duration of time and $100,000,000 or more in any one year. and Advancement Act (NTTAA) (15
maritime advisories will be issued Though this proposed rule would not U.S.C. 272 note) directs agencies to use
allowing the mariners to adjust their result in such an expenditure, we do voluntary consensus standards in their
plans accordingly. However, this rule discuss the effects of this rule elsewhere regulatory activities unless the agency
may affect the following entities, some in this preamble. provides Congress, through the Office of
of which may be small entities: The Management and Budget, with an
Taking of Private Property explanation of why using these
owners and operators of vessels
intending to transit or anchor in that This proposed rule would not effect a standards would be inconsistent with
portion of the Appomattox River taking of private property or otherwise applicable law or otherwise impractical.
between 6 p.m. on December 1, 2007 to have taking implications under Voluntary consensus standards are
8 p.m. on December 2, 2007. Executive Order 12630, Governmental technical standards (e.g., specifications
If you think that your business, Actions and Interference with of materials, performance, design, or
organization, or governmental Constitutionally Protected Property operation; test methods; sampling
jurisdiction qualifies as a small entity Rights. procedures; and related management
and that this proposed rule would have systems practices) that are developed or
a significant economic impact on it, Civil Justice Reform adopted by voluntary consensus
please submit a comment (see This proposed rule meets applicable standards bodies.
ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of This proposed rule does not use
qualifies and how and to what degree Executive Order 12988, Civil Justice technical standards. Therefore, we did
this rule would economically affect it. Reform, to minimize litigation, not consider the use of voluntary
eliminate ambiguity, and reduce consensus standards.
Assistance for Small Entities
burden. Environment
Under section 213(a) of the Small
Business Regulatory Enforcement Protection of Children We have analyzed this proposed rule
Fairness Act of 1996 (Pub. L. 104–121), under Commandant Instruction
We have analyzed this proposed rule M16475.lD and Department of
we want to assist small entities in under Executive Order 13045,
understanding this proposed rule so that Homeland Security Management
Protection of Children from Directive 5100.1, which guide the Coast
they can better evaluate its effects on Environmental Health Risks and Safety
them and participate in the rulemaking. Guard in complying with the National
Risks. This rule is not an economically Environmental Policy Act of 1969
If the rule would affect your small significant rule and would not create an
business, organization, or governmental (NEPA) (42 U.S.C. 4321–4370f), and
environmental risk to health or risk to have made a preliminary determination
jurisdiction and you have questions safety that might disproportionately
concerning its provisions or options for that this action is not likely to have a
affect children. significant effect on the human
compliance, please contact Lieutenant
Junior Grade TaQuitia Winn, Assistant Indian Tribal Governments environment. Draft documentation
Chief, Waterways Management Division, supporting this preliminary
This proposed rule does not have determination is available in the docket
Sector Hampton Roads at (757) 668– tribal implications under Executive
5580. The Coast Guard will not retaliate where indicated under ADDRESSES. We
Order 13175, Consultation and seek any comments or information that
against small entities that question or Coordination with Indian Tribal
complain about this proposed rule or may lead to the discovery of a
Governments, because it would not have significant environmental impact from
any policy or action of the Coast Guard. a substantial direct effect on one or this proposed rule.
Collection of Information more Indian tribes, on the relationship
between the Federal Government and List of Subjects in 33 CFR Part 165
This proposed rule would call for no
new collection of information under the Indian tribes, or on the distribution of Harbors, Marine safety, Navigation
Paperwork Reduction Act of 1995 (44 power and responsibilities between the (water), Reporting and recordkeeping
U.S.C. 3501–3520). Federal Government and Indian tribes. requirements, Security measures,
Energy Effects Waterways.
Federalism
■ For the reasons discussed in the
A rule has implications for federalism We have analyzed this proposed rule preamble, the Coast Guard proposes to
under Executive Order 13132, under Executive Order 13211, Actions amend 33 CFR part 165 as follows:
Federalism, if it has a substantial direct Concerning Regulations That
effect on State or local governments and Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION
would either preempt State law or Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS
impose a substantial direct cost of determined that it is not a ‘‘significant
energy action’’ under that order because ■ 1. The authority citation for part 165
compliance on them. We have analyzed
it is not a ‘‘significant regulatory action’’ continues to read as follows:
this proposed rule under that Order and
have determined that it does not have under Executive Order 12866 and is not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
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implications for federalism. likely to have a significant adverse effect Chapter 701; 50 U.S.C. 191, 195; 33 CFR
on the supply, distribution, or use of 1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L.
Unfunded Mandates Reform Act energy. The Administrator of the Office 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
The Unfunded Mandates Reform Act of Information and Regulatory Affairs
of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant ■ 2. Add temporary § 165.T05–092, to
Federal agencies to assess the effects of energy action. Therefore, it does not read as follows:

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56974 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Proposed Rules

§ 165.T05–092 Safety Zone: Christmas SUMMARY: EPA is proposing to approve OAR–2007–0423, by one of the
Holiday Boat Parade and Fireworks, revisions to the North Carolina State following methods:
Appomattox River, Hopewell, VA. Implementation Plan (SIP) submitted by 1. http://www.regulations.gov: Follow
(a) Location. The following area is a the State of North Carolina, through the the on-line instructions for submitting
safety zone: All waters, from bottom to North Carolina Department of comments.
surface, within 600 feet of position 37– Environmental and Natural Resources
19.18′ N/077–16.93′ W (NAD 1983) in on August 7, 2006. These revisions will 2. E-mail: ward.nacosta@epa.gov.
the vicinity of Hopewell, VA on the incorporate provisions related to the 3. Fax: (404) 562–9019.
Appomattox River. implementation of EPA’s Clean Air 4. Mail: EPA–R04–OAR–2007–0423,
(b) Definition: Captain of the Port Interstate Rule (CAIR), promulgated on Regulatory Development Section, Air
Representative means any U.S. Coast May 12, 2005, and subsequently revised
Guard commissioned, warrant or petty Planning Branch, Air, Pesticides and
on April 28, 2006, and December 13,
officer who has been authorized by the Toxics Management Division, U.S.
2006, and the CAIR Federal
Captain of the Port, Hampton Roads, Implementation Plan (FIP) concerning Environmental Protection Agency,
Virginia to act on his behalf. sulfur dioxide (SO2), nitrogen oxides Region 4, 61 Forsyth Street, SW.,
(c) Regulations: (1) In accordance with (NOX) annual, and NOX ozone season Atlanta, Georgia 30303–8960.
the general regulations in § 165.23 of emissions for the State of North 5. Hand Delivery or Courier: Nacosta
this part, entry into this zone is Carolina, promulgated on April 28, C. Ward, Regulatory Development
prohibited unless authorized by the 2006, and subsequently revised Section, Air Planning Branch, Air,
Captain of the Port, Hampton Roads or December 13, 2006. EPA is not Pesticides and Toxics Management
his designated representatives. proposing to make any changes to the Division, U.S. Environmental Protection
(2) The operator of any vessel in the CAIR FIP, but is proposing to amend, to Agency, Region 4, 61 Forsyth Street,
immediate vicinity of this safety zone the extent EPA approves North SW., Atlanta, Georgia 30303–8960. Such
must: Carolina’s SIP revisions, the appropriate deliveries are only accepted during the
(i) Stop the vessel immediately upon appendices in the CAIR FIP trading Regional Office’s normal hours of
being directed to do so by any rules simply to note that approval. operation. The Regional Office’s official
commissioned, warrant or petty officer On July 3, 2007, North Carolina hours of business are Monday through
on shore or on board a vessel that is requested that EPA only act on a portion Friday, 8:30 to 4:30, excluding Federal
displaying a U.S. Coast Guard Ensign. of the August 7, 2006, submittal as an holidays.
(ii) Proceed as directed by any abbreviated SIP. Consequently, EPA is
commissioned, warrant or petty officer proposing to approve the abbreviated Please see the direct final rule which
on shore or on board a vessel that is SIP revisions that address the is located in the Rules section of this
displaying a U.S. Coast Guard Ensign. methodology to be used to allocate Federal Register for detailed
(3) The Captain of the Port, Hampton annual and ozone season NOX instructions on how to submit
Roads and the Sector Duty Officer at allowances to existing and new units comments.
Sector Hampton Roads in Portsmouth, under the CAIR FIPs and CAIR FIP opt-
Virginia can be contacted at telephone FOR FURTHER INFORMATION CONTACT:
in provisions.
Number (757) 668–5555 or (757) 484– Nacosta C. Ward, Regulatory
This action is being taken pursuant to Development Section, Air Planning
8192.
section 110 of the Clean Air Act. The Branch, Air, Pesticides and Toxics
(4) The Coast Guard Representatives
intended effect of these revisions is to Management Division, U.S.
enforcing the safety zone can be
clarify certain provisions and to ensure Environmental Protection Agency,
contacted on VHF–FM 13 and 16.
consistency with the requirements of
(d) Effective date: This regulation is Region 4, 61 Forsyth Street, SW.,
the CAA. In the Final Rules Section of
effective from 6 p.m. on December 1, Atlanta, Georgia 30303–8960. The
this Federal Register, the EPA is
2007 to 8 p.m. on December 2, 2007. telephone number is (404) 562–9140.
approving the State’s SIP revision as a
Dated: September 18, 2007. direct final rule without prior proposal Ms. Ward can also be reached via
Patrick B. Trapp, because the Agency views this as a electronic mail at
Captain, U.S. Coast Guard, Captain of the noncontroversial submittal and ward.nacosta@epa.gov.
Port, Hampton Roads. anticipates no adverse comments. A SUPPLEMENTARY INFORMATION: For
[FR Doc. E7–19676 Filed 10–4–07; 8:45 am] detailed rationale for the approval is set additional information see the direct
BILLING CODE 4910–15–P forth in the direct final rule. If no
final rule which is published in the
adverse comments are received in
Rules section of this Federal Register.
response to this rule, no further activity
is contemplated. If EPA receives adverse Dated: September 21, 2007.
ENVIRONMENTAL PROTECTION
AGENCY comments, the direct final rule will be J.I. Palmer, Jr.,
withdrawn and all public comments Regional Administrator, Region 4.
40 CFR Part 52 received will be addressed in a [FR Doc. E7–19318 Filed 10–4–07; 8:45 am]
subsequent final rule based on this
[EPA–R04–OAR–2007–0423–200743(b); BILLING CODE 6560–50–P
proposed rule. The EPA will not
FRL–8475–5] institute a second comment period on
this document. Any parties interested in
Approval of Implementation Plans;
commenting on this document should
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North Carolina: Clean Air Interstate


do so at this time.
Rule
DATES: Written comments must be
AGENCY: Environmental Protection received on or before November 5, 2007.
Agency (EPA).
ADDRESSES: Submit your comments,
ACTION: Proposed rule.
identified by Docket ID No. EPA–R04–

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