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Federal Register / Vol. 73, No.

56 / Friday, March 21, 2008 / Rules and Regulations 15079

Department is amending this regulation DEPARTMENT OF HOMELAND effect on the public; therefore, it is
without prior notice and comment. This SECURITY unnecessary to publish an NPRM.
final rule merely removes an internal Under 5 U.S.C. 553(d)(3), the Coast
CFIUS procedural requirement that was Coast Guard Guard finds that, for the same reasons,
neither required by the DPA nor by any good cause exists for making this rule
subsequent amendment, and brings the 33 CFR Part 3 effective less than 30 days after
regulations in line with the newly [USCG–2008–0073] publication in the Federal Register.
amended Executive Order. The
RIN 1625–ZA15 Background and Purpose
procedural change will affect only
CFIUS in its processing of cases and In the Federal Register of July 2, 2007
will not affect parties to notified Sector Anchorage Western Alaska
(72 FR 36318), the Coast Guard issued
transactions. Accordingly, the Marine Inspection and Captain of the
a final rule to align various regulations
Department finds that this final rule is Port Zones; Technical Amendment
with internal documents establishing a
not subject to the notice and comment AGENCY: Coast Guard, DHS. new system of sector commands. The
provision of the DPA or FINSA. ACTION: Final rule. regulation describing the boundaries of
List of Subjects in 31 CFR Part 800 the Western Alaska Marine Inspection
SUMMARY: This rule makes a technical and Captain of the Port Zones, within
Foreign investments in United States, change in the boundary description of the Seventeenth Coast Guard District’s
Investigations, National defense, the Western Alaska Marine Inspection Sector Anchorage, contained an error.
Reporting and recordkeeping and Captain of the Port Zones, within Due to the length of time since the
requirements. the Seventeenth Coast Guard District’s erroneous description was issued, the
■ For the reasons stated in the preamble, Sector Anchorage. This rule will have Coast Guard is issuing a technical
the Department of the Treasury amends no substantive effect on the regulated amendment, instead of a correction
31 CFR part 800 as follows: public. notice, to correct the description. The
correction is informational and will
PART 800—REGULATIONS DATES: This final rule is effective March
have no substantive effect on the
PERTAINING TO MERGERS, 21, 2008.
regulated public.
ACQUISITIONS AND TAKEOVERS BY ADDRESSES: Comments and material
FOREIGN PERSONS received from the public, as well as Regulatory Evaluation
documents mentioned in this preamble This rule is not a ‘‘significant
■ 1. The authority citation for part 800
as being available in the docket, are part regulatory action’’ under section 3(f) of
is revised to read as follows:
of docket USCG–2008–0073 and are Executive Order 12866, Regulatory
Authority: Section 721 of Pub. L. 100–418, available for inspection or copying at
102 Stat. 1107, made permanent law by Planning and Review, and does not
the Docket Management Facility (M–30), require an assessment of potential costs
section 8 of Pub. L. 102–99, 105 Stat. 487 (50 U.S. Department of Transportation,
U.S.C. App. 2170) and amended by section and benefits under section 6(a)(3) of that
837 of the National Defense Authorization West Building Ground Floor, Room Order. The Office of Management and
Act for Fiscal Year 1993, Pub. L. 102–484, W12–140, 1200 New Jersey Avenue, SE., Budget has not reviewed it under that
106 Stat. 2315, 2463 and Pub. L. 110–49, 121 Washington, DC 20590, between 9 a.m. Order. As this rule involves internal
Stat 246; E.O. 11858, as amended by E.O. and 5 p.m., Monday through Friday, agency organization and non-
12661, and further amended by Executive except Federal holidays. You may also substantive changes, it will not impose
Order 13456. find this docket on the Internet at any costs on the public.
■ 2. Amend § 800.504 by revising www.regulations.gov.
paragraph (b) to read as follows: Small Entities
FOR FURTHER INFORMATION CONTACT: If
§ 800.504 Completion or termination of you have questions on this rule, call Under the Regulatory Flexibility Act
investigation and report to the President. Commander Todd Styrwold, Coast (5 U.S.C. 601–612), we have considered
Guard, telephone 202–372–2687. If you whether this rule would have a
* * * * *
(b) In circumstances when the have questions on viewing the docket, significant economic impact on a
Committee sends a report to the call Ms. Renee V. Wright, Program substantial number of small entities.
President requesting the President’s Manager, Docket Operations, telephone The term ‘‘small entities’’ comprises
decision upon completion or 202–366–9826. small businesses, not-for-profit
termination of an investigation, such SUPPLEMENTARY INFORMATION: organizations that are independently
report shall include information owned and operated and are not
Regulatory History dominant in their fields, and
relevant to subparagraph (d)(4) of
section 721, and shall present the We did not publish a notice of governmental jurisdictions with
Committee’s recommendation. If the proposed rulemaking (NPRM) for this populations of less than 50,000. This
Committee is unable to reach a decision regulation. Under both 5 U.S.C. rule does not require a general NPRM
to present a single recommendation to 553(b)(A) and (b)(B), the Coast Guard and, therefore, is exempt from the
the President, the Chairman shall finds that this rule is exempt from requirements of the Regulatory
submit a report of the Committee to the notice and comment rulemaking Flexibility Act. Although this rule is
President setting forth the differing requirements because this change exempt, we have reviewed it for
views and presenting the issues for involves agency organization, and good potential economic impact on small
decision. cause exists for not publishing an NPRM entities.
because the change made is non- Collection of Information
Dated: March 7, 2008. substantive. This rule only aligns
jlentini on PROD1PC65 with RULES

Clay Lowery, regulatory language with existing Coast This rule calls for no new collection
Assistant Secretary for International Affairs. Guard internal documents that establish of information under the Paperwork
[FR Doc. E8–5707 Filed 3–20–08; 8:45 am] the boundaries of the affected zones. Reduction Act of 1995 (44 U.S.C. 3501–
BILLING CODE 4811–42–P The change will have no substantive 3520).

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15080 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations

Federalism Energy Effects List of Subjects in 33 CFR Part 3

A rule has implications for federalism We have analyzed this rule under Organization and functions
under Executive Order 13132, Executive Order 13211, Actions (Government agencies).
Federalism, if it has a substantial direct Concerning Regulations That ■ For the reasons discussed in the
effect on State or local governments and Significantly Affect Energy Supply, preamble, the Coast Guard amends 33
would either preempt State law or Distribution, or Use. We have CFR part 3 as follows:
impose a substantial direct cost of determined that it is not a ‘‘significant
compliance on them. We have analyzed energy action’’ under that order because PART 3—COAST GUARD AREAS,
this rule under that Order and have it is not a ‘‘significant regulatory action’’ DISTRICTS, SECTORS, MARINE
determined that it does not have under Executive Order 12866 and is not INSPECTION ZONES, AND CAPTAIN
implications for federalism. likely to have a significant adverse effect OF THE PORT ZONES
Unfunded Mandates Reform Act on the supply, distribution, or use of
energy. The Administrator of the Office ■ 1. The authority citation for part 3
of Information and Regulatory Affairs continues to read as follows:
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant Authority: 14 U.S.C. 92; Pub. L. 107–296,
Federal agencies to assess the effects of energy action. Therefore, it does not 116 Stat. 2135; Department of Homeland
their discretionary regulatory actions. In require a Statement of Energy Effects Security Delegation No. 0170.1, para. 2(23).
particular, the Act addresses actions under Executive Order 13211. ■ 2. Amend § 3.85–15 by revising
that may result in the expenditure by a paragraph (a) to read as follows:
Technical Standards
State, local, or tribal government, in the
aggregate, or by the private sector of § 3.85–15 Sector Anchorage: Western
The National Technology Transfer Alaska Marine Inspection Zone and Captain
$100,000,000 or more in any one year. and Advancement Act (NTTAA) (15 of the Port Zones; Marine Safety Unit
Though this rule will not result in such U.S.C. 272 note) directs agencies to use Valdez: Prince William Sound Marine
an expenditure, we do discuss the voluntary consensus standards in their Inspection and Captain of the Port Zones.
effects of this rule elsewhere in this regulatory activities unless the agency * * * * *
preamble. provides Congress, through the Office of (a) Sector Anchorage’s Western
Taking of Private Property Management and Budget, with an Alaska Marine Inspection and Captain
explanation of why using these of the Port Zones start near the
This rule will not effect a taking of standards would be inconsistent with Canadian border on the EEZ at latitude
private property or otherwise have applicable law or otherwise impractical. 60°18′24″ N, longitude 141°00′00″ W,
taking implications under Executive Voluntary consensus standards are proceeding southwest to latitude
Order 12630, Governmental Actions and technical standards (e.g., specifications 60°01′18″ N, longitude 142°00′00″ W;
Interference with Constitutionally of materials, performance, design, or thence south to the outermost extent of
Protected Property Rights. operation; test methods; sampling the EEZ at latitude 56°14′50″ N,
Civil Justice Reform procedures; and related management longitude 142°00′00″ W; thence
systems practices) that are developed or southwest along the outermost extent of
This rule meets applicable standards adopted by voluntary consensus the EEZ to latitude 51°22′15″ N,
in sections 3(a) and 3(b)(2) of Executive standards bodies. This rule does not use longitude 167°38′28″ E; thence northeast
Order 12988, Civil Justice Reform, to technical standards. Therefore, we did along the outermost extent of the EEZ to
minimize litigation, eliminate not consider the use of voluntary latitude 65°30′00″ N, longitude
ambiguity, and reduce burden. consensus standards. 168°58′37″ W; thence north along the
outermost extent of the EEZ to latitude
Protection of Children Environment 72°46′29″ N, longitude 168°58′37″ W;
thence northeast along the outermost
We have analyzed this rule under We have analyzed this rule under
extent of the EEZ to latitude 74°42′35″
Executive Order 13045, Protection of Commandant Instruction M16475.lD,
N, longitude 156°28′30″ W; thence
Children from Environmental Health which guides the Coast Guard in
southeast along the outermost extent of
Risks and Safety Risks. This rule is not complying with the National
the EEZ to latitude 72°56′49″ N,
an economically significant rule and Environmental Policy Act of 1969
longitude 137°34′08″ W; thence south
does not create an environmental risk to (NEPA) (42 U.S.C. 4321–4370f), and along the outermost extent of the EEZ to
health or risk to safety that may have concluded that there are no factors the coast near the Canadian border at
disproportionately affect children. in this case that would limit the use of latitude 69°38′48.88″ N, longitude
a categorical exclusion under section 140°59′52.7″ W; thence south along the
Indian Tribal Governments
2.B.2 of the Instruction. Therefore, this United States-Canadian boundary to the
This rule does not have tribal rule is categorically excluded, under point of origin; and in addition, all the
implications under Executive Order figure 2–1, paragraph (34)(a) and (b), of area described in paragraph (b) of this
13175, Consultation and Coordination the Instruction from further section.
with Indian Tribal Governments, environmental documentation because
* * * * *
because it does not have a substantial this rule involves editorial, procedural,
direct effect on one or more Indian and internal agency functions. A final Dated: March 18, 2008.
tribes, on the relationship between the ‘‘Environmental Analysis Check List’’ Steve Venckus,
jlentini on PROD1PC65 with RULES

Federal Government and Indian tribes, and a final ‘‘Categorical Exclusion Chief, Office of Regulations and
or on the distribution of power and Determination’’ are available in the Administrative Law (CG–0943).
responsibilities between the Federal docket where indicated under [FR Doc. E8–5775 Filed 3–20–08; 8:45 am]
Government and Indian tribes. ADDRESSES. BILLING CODE 4910–15–P

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