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completion of an investigation, based on four o’clock (2–4 p.m.) on October 23, Promulgating a permanent rule to
all relevant factors, including, as 2007, in Room 4121 of the Treasury establish the temporary anchorage area
appropriate, an illustrative list of factors Building, at 1500 Pennsylvania Avenue, allows the Coast Guard to define its use
contained in section 721, which has NW., Washington, DC 20220, to discuss and location, and to establish
been expanded by FINSA. issues associated with this legislation. procedures for activating the anchorage
Regulations: FINSA requires the The meeting will be open to the public area and notifying the maritime public.
President to direct the issuance of on a first-come, first-served basis. Space DATES: Comments and related material
implementing regulations. These is limited. Due to security requirements must reach the Coast Guard on or before
regulations shall impose civil penalties and to facilitate entry to the meeting December 10, 2007.
for violations of section 721, including site, anyone wishing to attend must
ADDRESSES: You may mail comments
those relating to mitigation agreements. contact Mr. Michael Kimack at
Proposed regulations will be published Michael.Kimack@do.treas.gov or (202) and related material to Waterways
in the Federal Register and be subject 622–0414 no later than October 16, Safety Branch, Sector San Francisco, 1
to notice and comment before final 2007, in order to provide the necessary Yerba Buena Island, San Francisco,
regulations are published. Treasury clearance information: Full name, California 94130. Waterways Safety
must also publish in the Federal business affiliation, date of birth, and Branch maintains the public docket for
Register guidance on the types of Social Security number. For foreign this rulemaking. Comments and
transactions that CFIUS has reviewed nationals: Full name, business material received from the public, as
and that have presented national affiliation, date of birth, passport well as documents indicated in this
security considerations. Treasury plans number, and the country where the preamble as being available in the
to do so separately from the regulations passport was issued. When arriving for docket, will become part of this docket
that will be published under section the meeting, attendees must present and will be available for inspection or
721. photo or passport identification and/or copying at the Waterways Safety
Request for Comment: The purpose of a U.S. Government building pass, if Branch, Sector San Francisco, 1 Yerba
issuing this notice of inquiry and applicable, and should arrive at least Buena Island, San Francisco, California
convening a public meeting is to obtain one-half hour prior to the start time of 94130, between 9 a.m. and 4 p.m.,
a wide array of views of businesses the meeting. The public meeting is Monday through Friday, except Federal
active in international mergers and physically accessible to people with holidays.
acquisitions on several broad topics, in disabilities. Individuals requiring FOR FURTHER INFORMATION CONTACT:
order to inform regulatory development. special services, such as sign language Lieutenant Eric Ramos, U.S. Coast
Topics of particular interest to Treasury interpretation, are asked to indicate this Guard Sector San Francisco, Waterways
include, but are not limited to: to Mr. Kimack. Safety Branch at telephone (415) 399–
(i) Procedural issues relating to the Dated: October 4, 2007. 7443.
review process, including pre-filing,
Gay Hartwell Sills, SUPPLEMENTARY INFORMATION:
filing of voluntary notice, unilateral
initiation of review by CFIUS, Staff Chair, Committee on Foreign Investment
Request for Comments
in the United States (CFIUS).
withdrawal of notice, refiling of notice,
[FR Doc. E7–20042 Filed 10–10–07; 8:45 am] We encourage you to participate in
and notice to filers of the results of a
BILLING CODE 4811–42–P this rulemaking by submitting
review or investigation;
(ii) Definitional issues, including the comments and related material. If you
definitions of ‘‘control,’’ ‘‘foreign do so, please include your name and
person,’’ ‘‘person engaged in interstate DEPARTMENT OF HOMELAND address, identify the docket number for
commerce in the United States,’’ SECURITY this rulemaking (CGD11 04–002),
‘‘critical infrastructure,’’ and ‘‘critical indicate the specific section of this
technologies’’; Coast Guard document to which each comment
(iii) Mitigation agreements, including applies, and give the reason for each
determinations of the need for risk 33 CFR Part 110 comment. Please submit all comments
mitigation, scope of provisions, and related material in an unbound
[CGD11–04–002]
compliance monitoring, modification, format, no larger than 81⁄2 by 11 inches,
and enforcement, including civil RIN 1625–AA01 suitable for copying. If you would like
penalties and other remedies for breach; to know that your submission reached
Anchorage Regulation; San Francisco us, please enclose a stamped, self-
(iv) Confidentiality issues; Bay, CA
(v) Collection of information from addressed postcard or envelope. We will
filers, including personal identifier AGENCY: Coast Guard, DHS. consider all comments and material
information and information to aid ACTION:Supplemental notice of received during the comment period.
CFIUS in determining jurisdiction and proposed rulemaking. We may change this proposed rule in
whether the transaction raises national view of them.
security considerations; and SUMMARY: The Coast Guard is submitting
Public Meeting
(vi) Emerging trends in international for public consideration this
investment and their relevance to the supplemental notice of proposed We do not plan to hold a public
CFIUS process, including legal rulemaking. We propose to create in San meeting. But you may submit a request
structures for effecting acquisitions of Francisco Bay a temporary anchorage for a meeting by writing to the
mstockstill on PROD1PC66 with PROPOSALS
U.S. businesses. area, designated Anchorage 8A, adjacent Waterways Safety Branch at the address
Treasury would also be interested in to existing anchorage 8 that can be under ADDRESSES explaining why one
hearing views on other topics of interest activated by Coast Guard Vessel Traffic would be beneficial. If we determine
to the private sector that relate to the Services (VTS) when the number of that one would aid this rulemaking, we
CFIUS review process or FINSA. vessels requesting to anchor in will hold one at a time and place
Public Meeting: Treasury announces a Anchorages 8 and 9 exceeds the announced by a separate notice in the
public meeting to be held from two to capacity of these two anchorages. Federal Register.
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57902 Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules
project is not likely to adversely affect southwesterly to latitude 37°47′07″ N jurisdiction qualifies as a small entity
listed salmonids or green sturgeon,’’ and longitude 122°22′09″ W; thence and that this rule would have a
populations which are listed as south-southeasterly to latitude 37°46′30″ significant economic impact on it,
threatened or endangered under the N and longitude 122°21′57″ W; thence please submit a comment (see
Endangered Species Act and which may easterly along the northern border of ADDRESSES) explaining why you think it
be present in the proposed Anchorage anchorage 9 to latitude 37°46′26″ N and qualifies and how and to what degree
8A area. longitude 122°20′42″ W; thence this rule would economically affect it.
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Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules 57903
Assistance for Small Entities Reform, to minimize litigation, This proposed rule does not use
Under section 213(a) of the Small eliminate ambiguity, and reduce technical standards. Therefore, we did
Business Regulatory Enforcement burden. not consider the use of voluntary
Fairness Act of 1996 (Pub. L. 104–121), consensus standards.
Protection of Children
we want to assist small entities in We have analyzed this proposed rule Environment
understanding this proposed rule so under Executive Order 13045,
they can better evaluate its effects on We have analyzed this proposed rule
Protection of Children from under Commandant Instruction
them and participate in the rulemaking. Environmental Health Risks and Safety
If the proposed rule would affect your M16475.1D and Department of
Risks. This proposed rule is not an Homeland Security Management
small business, organization, or economically significant rule and does
governmental jurisdiction and you have Directive 5100.1, which guide the Coast
not create an environmental risk to Guard in complying with the National
questions concerning its provisions or health or risk to safety that might
options for compliance, please contact Environmental Policy Act of 1969
disproportionately affect children. (NEPA) (42 U.S.C. 4321–4370f), and
Lieutenant Eric Ramos, Sector San
Francisco, Waterways Safety Branch Indian Tribal Governments have made a preliminary determination
Chief, 1 Yerba Buena Island, San This proposed rule does not have that there are no factors in this case that
Francisco, California 94130, (415) 399– tribal implications under Executive would limit the use of a categorical
7443. Order 13175, Consultation and exclusion under section 2.B.2 of the
Coordination with Indian Tribal Instruction. Therefore, this rule is
Collection of Information categorically excluded, under figure 2–
Governments, because it does not have
This proposed rule would call for no a substantial direct effect on one or 1, paragraph (34)(f), of the Instruction,
new collection of information under the more Indian tribes, on the relationship from further environmental
Paperwork Reduction Act of 1995 (44 between the Federal Government and documentation because we are changing
U.S.C. 3501–3520). Indian tribes, or on the distribution of an anchorage regulation.
power and responsibilities between the A draft ‘‘Environmental Analysis
Federalism
Federal Government and Indian tribes. Check List’’ and a draft ‘‘Categorical
A rule has implications for federalism Exclusion Determination’’ will be
under Executive Order 13132, Energy Effects available in the docket where indicated
Federalism, if it has a substantial direct We have analyzed this proposed rule under ADDRESSES. Comments on this
effect on State or local governments and under Executive Order 13211, Actions section will be considered before we
would either preempt State law or Concerning Regulations That make the final decision on whether the
impose a substantial direct cost of Significantly Affect Energy Supply, rule should be categorically excluded
compliance on them. We have analyzed Distribution, or Use. We have from further environmental review.
this proposed rule under that Order and determined that it is not a ‘‘significant
have determined that it does not have energy action’’ under that order because List of Subjects in 33 CFR Part 110
implications for federalism. it is not a ‘‘significant regulatory action’’ Anchorage grounds.
under Executive Order 12866 and is not
Unfunded Mandates Reform Act For the reasons discussed in the
likely to have a significant adverse effect
The Unfunded Mandates Reform Act on the supply, distribution, or use of preamble, the Coast Guard proposes to
of 1995 (2 U.S.C. 1531–1538) requires energy. The Administrator of the Office amend 33 CFR part 110 as follows:
Federal agencies to assess the effects of of Information and Regulatory Affairs PART 110—ANCHORAGE
their discretionary regulatory actions. In has not designated it as a significant REGULATIONS
particular, the Act addresses actions energy action. Therefore, it does not
that may result in the expenditure by a require a Statement of Energy Effects 1. The authority citation for part 110
State, local, or tribal government, in the under Executive Order 13211. continues to read as follows:
aggregate, or by the private sector of
Technical Standards Authority: 33 U.S.C. 471, 1221 through
$100,000,000 or more in any one year. 1236, 2030, 2035, and 2071; 33 CFR 1.05–
Though this proposed rule will not The National Technology Transfer
1(g); Department of Homeland Security
result in such an expenditure, we do and Advancement Act (NTTAA) (15 Delegation No. 0170.
discuss the effects of this proposed rule U.S.C. 272 note) directs agencies to use
elsewhere in this preamble. voluntary consensus standards in their 2. In § 110.224—
regulatory activities unless the agency a. In paragraph (d), revise Table
Taking of Private Property provides Congress, through the Office of 110.224(D)(1) and add a new paragraph
This proposed rule would not affect a Management and Budget, with an to Notes at the end of the table and;
taking of private property or otherwise explanation of why using these b. In paragraph (e), redesignate
have taking implications under standards would be inconsistent with paragraphs (6) through (21) as
Executive Order 12630, Governmental applicable law or otherwise impractical. paragraphs (7) through (22) , and add
Actions and Interference with Voluntary consensus standards are new paragraph (e)(6) to read as follows:
Constitutionally Protected Property technical standards (e.g., specifications
Rights. of materials, performance, design, or § 110.224 San Francisco Bay, San Pablo
operation; test methods; sampling Bay, Carquinez Strait, Suisun Bay,
Civil Justice Reform procedures; and related management Sacramento River, San Joaquin River, and
mstockstill on PROD1PC66 with PROPOSALS
This proposed rule meets applicable systems practices) that are developed or connecting waters, CA.
standards in sections 3(a) and 3(b)(2) of adopted by voluntary consensus * * * * *
Executive Order 12988, Civil Justice standards bodies. (d)(1) * * *
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57904 Federal Register / Vol. 72, No. 196 / Thursday, October 11, 2007 / Proposed Rules
TABLE 110.224(D)(1)
Anchorage No. General location Purpose Specific regulations
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