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38012 Federal Register / Vol. 72, No.

133 / Thursday, July 12, 2007 / Rules and Regulations

an economically significant rule and adopted by voluntary consensus (c) Regulations. (1) In accordance with
does not concern an environmental risk standards bodies. the general regulations in section 165.23
to health or risk to safety that may This rule does not use technical of this part, entry into, transiting, or
disproportionately affect children. standards. Therefore, we did not anchoring within this safety zone is
consider the use of voluntary consensus prohibited unless authorized by the
Indian Tribal Governments standards. Captain of the Port Buffalo, or the on-
The Coast Guard recognizes the treaty Environment scene representative.
rights of Native American Tribes. (2) This safety zone is closed to all
Moreover, the Coast Guard is committed We have analyzed this rule under vessel traffic, except as may be
to working with Tribal Governments to Commandant Instruction M16475.lD permitted by the Captain of the Port
implement local policies and to mitigate and Department of Homeland Security Buffalo or his on-scene representative.
tribal concerns. We have determined Management Directive 5100.1, which (3) The ‘‘on-scene representative’’ of
that this safety zone and fishing rights guide the Coast Guard in complying the Captain of the Port Buffalo is any
protection need not be incompatible. with the National Environmental Policy Coast Guard commissioned, warrant or
We have also determined that this rule Act of 1969 (NEPA) (42 U.S.C. 4321– petty officer who has been designated
does not have tribal implications under 4370f), and have concluded that there by the Captain of the Port to act on his
Executive Order 13175, Consultation are no factors in this case that would behalf.
and Coordination with Indian Tribal limit the use of a categorical exclusion (4) Vessel operators desiring to enter
Governments, because it does not have under section 2.B.2 of the Instruction. or operate within the safety zone shall
a substantial direct effect on one or Therefore, this rule is categorically contact the Captain of the Port Buffalo
more Indian tribes, on the relationship excluded, under figure 2–1, paragraph or the on-scene representative to obtain
between the Federal Government and (34)(g), of the Instruction, from further permission to do so. The Captain of the
Indian tribes, or on the distribution of environmental documentation. This Port or his on-scene representative may
power and responsibilities between the event establishes a safety zone; therefore be contacted via VHF Channel 16.
Federal Government and Indian tribes. paragraph (34)(g) of the Instruction (5) Vessel operators given permission
Nevertheless, Indian tribes that have applies. to enter or operate in the safety zone
questions concerning the provisions of A final ‘‘Environmental Analysis must comply with all direction given to
this rule or options for compliance are Check List’’ and a final ‘‘Categorical them by the Captain of the Port Buffalo
encouraged to contact the point of Exclusion Determination’’ are available or his on-scene representative.
contact listed under FOR FURTHER in the docket where indicated under Dated: June 28, 2007.
INFORMATION CONTACT. ADDRESSES.
S.J. Ferguson,
Energy Effects List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
Harbors, Marine Safety, Navigation
We have analyzed this rule under (water), Reporting and recordkeeping [FR Doc. E7–13501 Filed 7–11–07; 8:45 am]
Executive Order 13211, Actions requirements, Security measures, BILLING CODE 4910–15–P
Concerning Regulations That Waterways.
Significantly Affect Energy Supply,
Distribution, or Use. We have ■ For the reasons discussed in the DEPARTMENT OF HOMELAND
determined that it is not a ‘‘significant preamble, the Coast Guard amends 33 SECURITY
energy action’’ under that Order because CFR part 165 as follows:
it is not a ‘‘significant regulatory action’’ Coast Guard
under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION
likely to have a significant adverse effect AREAS AND LIMITED ACCESS AREAS 33 CFR Part 165
on the supply, distribution, or use of ■ 1. The authority citation for part 165 [CGD09–07–060]
energy. The Administrator of the Office continues to read as follows:
of Information and Regulatory Affairs RIN 1625–AA00
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
has not designated it as a significant Chapter 701; 50 U.S.C. 191, 195; 33 CFR Safety Zone; Mackinac Bridge 50th
energy action. Therefore, it does not 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. Anniversary Celebration, Lake Huron,
require a Statement of Energy Effects 107–295, 116 Stat. 2064; Department of Mackinaw City, MI
under Executive Order 13211. Homeland Security Delegation No. 0170.1.
AGENCY: Coast Guard, DHS.
Technical Standards ■ 2. A new temporary § 165.T09–062 is
added to read as follows ACTION: Temporary final rule.
The National Technology Transfer
and Advancement Act (NTTAA) (15 § 165.T09–062 Safety Zone; USA SUMMARY: The Coast Guard is
U.S.C. 272 note) directs agencies to use Wakeboard Nationals, Onondaga Lake, establishing a temporary safety zone on
voluntary consensus standards in their Liverpool, NY. Lake Huron, Mackinaw City, MI. This
regulatory activities unless the agency (a) Location. The following area is a zone is intended to restrict vessels from
provides Congress, through the Office of temporary safety zone: all waters of the a portion of Lake Huron during the
Management and Budget, with an Onondaga Lake, Liverpool, NY Mackinac Bridge 50th Anniversary
explanation of why using these 43°05′00″ N, 076°11′15″ W, South East Celebration July 28, 2007 fireworks
standards would be inconsistent with to 43°04′15″ N, 076°12′12″ W, South to display. This temporary safety zone is
applicable law or otherwise impractical. 43°03′42″ N, 076°11′16″ W, West to necessary to protect spectators and
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Voluntary consensus standards are 43°04′22″ N, 076°10′36″ W [DATUM: vessels from the hazards associated with
technical standards (e.g., specifications NAD 83]; one and a half miles from fireworks displays.
of materials, performance, design, or Marina Basin. DATES: This rule is effective from 9 p.m.
operation; test methods; sampling (b) Enforcement period. This rule will to 11:59 p.m. on July 28, 2007.
procedures; and related management be enforced from 8 a.m. to 5:30 p.m. July ADDRESSES: Documents indicated in this
system practices) that are developed or 11–15, 2007. preamble as being available in the

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Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Rules and Regulations 38013

docket, are part of docket CGD09–07– within a 2000 ft. radius around Captain of the Port Sault Ste Marie to
060 and are available for inspection or Mackinaw City Colonial Park, transit through the safety zone. The
copying at U.S. Coast Guard Sector Mackinaw City, MI at position 45– Coast Guard will give notice to the
Sault Ste MT, 337 Water St., Sault Ste 47.26N 084–43.783W. [DATUM: NAD public via a Broadcast to Mariners that
Marie, MI 49783 between 7:30 a.m. and 83]. the regulation is in effect.
4 p.m., (Monday through Friday, except All persons and vessels shall comply
Federal holidays). with the instructions of the Coast Guard Assistance for Small Entities
FOR FURTHER INFORMATION CONTACT: LT. Captain of the Port or the designated on- Under section 213(a) of the Small
John Peterson, Prevention Department, scene representative. Entry into, Business Regulatory Enforcement
Sector Sault Ste Marie, MI 337 Water transiting, or anchoring within the Fairness Act of 1996 (Pub. L. 104–121),
St., Sault Ste Marie, MI 49783; (906) safety zone is prohibited unless we offered to assist small entities in
635–3341. authorized by the Captain of the Port understanding the rule so that they
SUPPLEMENTARY INFORMATION: Sault Ste Marie or his designated on- could better evaluate its effects on them
scene representative. The Captain of the and participate in the rulemaking
Regulatory Information Port or his designated on-scene process. Small businesses may send
We did not publish a notice of representative may be contacted via comments on the actions of Federal
proposed rulemaking (NPRM) for this VHF Channel 16. employees who enforce, or otherwise
regulation. Under 5 U.S.C. 553(b)(B), the determine compliance with, Federal
Regulatory Evaluation regulations to the Small Business and
Coast Guard finds that good cause exists
for not publishing an NPRM. The permit This rule is not a ‘‘significant Agriculture Regulatory Enforcement
application was not received in time to regulatory action’’ under section 3(f) of Ombudsman and the Regional Small
publish an NPRM followed by a final Executive Order 12866, Regulatory Business Regulatory Fairness Boards.
rule before the effective date. Under 5 Planning and Review, and does not The Ombudsman evaluates these
U.S.C. 553(d)(3), good cause exists for require an assessment of potential costs actions annually and rates each agency’s
making this rule effective less than 30 and benefits under section 6(a)(3) of that responsiveness to small business. If you
days after publication in the Federal Order. The Office of Management and wish to comment on actions by
Register. Delaying this rule would be Budget has not reviewed it under that employees of the Coast Guard, call 1–
contrary to the public interest of Order. 888–REG–FAIR (1–888–734–3247). The
ensuring the safety of spectators and This determination is based on the Coast Guard will not retaliate against
vessels during this event and immediate minimal time that vessels will be small entities that question or complain
action is necessary to prevent possible restricted from the zone and the zone is about this rule or any policy or action
loss of life or property. an area where the Coast Guard expects of the Coast Guard.
insignificant adverse impact to mariners
Background and Purpose from the zones’ activation. Collection of Information
This temporary safety zone is This rule calls for no new collection
Small Entities
necessary to ensure the safety of vessels of information under the Paperwork
and spectators from hazards associated Under the Regulatory Flexibility Act Reduction Act of 1995 (44 U.S.C. 3501–
with a fireworks display. Based on (5 U.S.C. 601–612), we have considered 3520).
accidents that have occurred in other whether this rule would have a
Captain of the Port zones, and the significant economic impact on a Federalism
explosive hazards of fireworks, the substantial number of small entities. A rule has implications for federalism
Captain of the Port Sault Ste Marie has The term ‘‘small entities’’ comprises under Executive Order 13132,
determined that fireworks launches small businesses, not-for-profit Federalism, if it has substantial direct
proximate to watercraft pose significant organizations that are independently effect on State or local governments and
risk to public safety and property. The owned and operated and are not would either preempt State law or
likely combination of large numbers of dominant in their fields, and impose a substantial direct cost of
recreation vessels, congested waterways, governmental jurisdictions with compliance on them. We have analyzed
darkness punctuated by bright flashes of populations of less than 50,000. this rule under that Order and have
light, alcohol use, and debris falling into The Coast Guard certifies under 5 determined that it does not have
the water could easily result in serious U.S.C. 605(b) that this rule will not have implications for federalism.
injuries or fatalities. Establishing a a significant economic impact on a
substantial number of small entities. Unfunded Mandates Reform Act
safety zone to control vessel movement
around the location of the launch This rule will affect the following The Unfunded Mandates Reform Act
platform will help ensure the safety of entities, some of which may be small of 1995 (2 U.S.C. 1531–1538) requires
persons and property at these events entities: The owners and operators of Federal agencies to assess the effects of
and help minimize the associated risks. vessels intending to transit or anchor in their discretionary regulatory actions. In
a portion of Lake Huron off Mackinaw particular, the Act addresses actions
Discussion of Rule City, between 9 p.m. and 11:59 p.m. on that may result in the expenditure by a
A temporary safety zone is necessary July 28, 2007. State, local, or tribal government, in the
to ensure the safety of spectators and This safety zone will not have a aggregate, or by the private sector of
vessels during the setup, loading and significant economic impact on a $100,000,000 or more in any one year.
launching of a fireworks display in substantial number of small entities for Though this rule would not result in
conjunction with the Mackinac Bridge the following reasons: This rule will be such expenditure, we do discuss the
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50th Anniversary Celebration fireworks in effect for only three hours for one effects of this rule elsewhere in this
display. The fireworks display will event. Vessel traffic can safely pass preamble.
occur between 9 p.m. and 11:59 p.m. on outside the safety zone during the event.
July 28, 2007. In the event that this temporary safety Taking of Private Property
The safety zone for the fireworks will zone affects shipping, commercial This rule will not effect a taking of
encompass all waters of Lake Huron vessels may request permission from the private property or otherwise have

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38014 Federal Register / Vol. 72, No. 133 / Thursday, July 12, 2007 / Rules and Regulations

taking implications under Executive Technical Standards ■ 2. A new temporary § 165.T09–060 is


Order 12630, Governmental Actions and The National Technology Transfer added to read as follows:
Interference with Constitutionally and Advancement Act (NTTAA) (15
Protected Property Rights. § 165.T09–060 Safety zone; Mackinac
U.S.C. 272 note) directs agencies to use Bridge 50th Anniversary Celebration, Lake
Civil Justice Reform voluntary consensus standards in their Huron, Mackinaw City, MI.
regulatory activities unless the agency
This rule meets applicable standards provides Congress, through the Office of (a) Location. The following area is a
in sections 3(a) and 3(b)(2) of Executive Management and Budget, with an temporary safety zone: all waters of
Order 12988, Civil Justice Reform, to explanation of why using these Lake Huron within a 2000 ft. radius
minimize litigation, eliminate standards would be inconsistent with around Mackinaw City Colonial Park,
ambiguity, and reduce burden. applicable law or otherwise impractical. Mackinaw City, MI at position 45–
Voluntary consensus standards are 47.26N, 084–43.783W [DATUM: NAD
Protection of Children
technical standards (e.g., specifications 83].
We have analyzed this rule under of materials, performance, design, or (b) Effective period. This regulation is
Executive Order 13045, Protection of operation; test methods; sampling effective from 9 p.m. to 11:59 p.m. on
Children from Environmental Health procedure; and related management July 28, 2007.
Risks and Safety Risks. This rule is not system practices) that are developed or
adopted by voluntary consensus (c) Regulations. (1) In accordance with
an economically significant rule and
standards bodies. the general regulations in section 165.23
does not concern an environmental risk
to health or risk to safety that may This rule does not use technical of this part, entry into, transiting, or
disproportionately affect children. standards. Therefore, we did not anchoring within this safety zone is
consider the use of voluntary consensus prohibited unless authorized by the
Indian Tribal Governments standards. Captain of the Port Sault Ste Marie, or
his designated on-scene representative.
The Coast Guard recognizes the treaty Environment
rights of Native American Tribes. (2) This safety zone is closed to all
We have analyzed this rule under vessel traffic, except as may be
Moreover, the Coast Guard is committed
Commandant Instruction M16475.lD permitted by the Captain of the Port
to working with Tribal Governments to
and Department of Homeland Security Sault Ste Marie or his designated on-
implement local policies and to mitigate
Management Directive 5100.1, which scene representative.
tribal concerns. We have determined
guide the Coast Guard in complying
that this safety zone and fishing rights (3) The ‘‘on-scene representative’’ of
with the National Environmental Policy
protection need not be incompatible. the Captain of the Port is any Coast
Act of 1969 (NEPA) (42 U.S.C. 4321–
We have also determined that this rule Guard commissioned, warrant or petty
4370f), and have concluded that there
does not have tribal implications under officer who has been designated by the
are no factors in this case that would
Executive Order 13175, Consultation Captain of the Port to act on his behalf.
limit the use of a categorical exclusion
and Coordination with Indian Tribal The on-scene representative of the
under section 2.B.2 of the Instruction.
Governments, because it does not have
Therefore, this rule is categorically Captain of the Port will be aboard either
a substantial direct effect on one or
excluded, under figure 2–1, paragraph a Coast Guard or Coast Guard Auxiliary
more Indian tribes, on the relationship
(34)(g), of the Instruction, from further vessel. The Captain of the Port or his
between the Federal Government and
environmental documentation. This designated on-scene representative may
Indian tribes, or on the distribution of
event establishes a safety zone therefore be contacted via VHF Channel 16.
power and responsibilities between the
paragraph (34)(g) of the Instruction (4) Vessel operators desiring to enter
Federal Government and Indian tribes.
applies. or operate within the safety zone shall
Nevertheless, Indian Tribes that have
questions concerning the provisions of A final ‘‘Environmental Analysis contact the Captain of the Port Sault Ste
this rule or options for compliance are Check List’’ and a final ‘‘Categorical
Marie or his on-scene representative to
encouraged to contact the point of Exclusion Determination’’ are available
obtain permission to do so. Vessel
contact listed under FOR FURTHER in the docket where indicated under
ADDRESSES.
operators given permission to enter or
INFORMATION CONTACT. operate in the safety zone must comply
List of Subjects in 33 CFR Part 165 with all directions given to them by the
Energy Effects
Harbors, Marine safety, Navigation Captain of the Port Sault Ste Marie or
We have analyzed this rule under (water), Reporting and recordkeeping his on-scene representative.
Executive order 13211, Actions requirements, Security measures, Dated: June 25, 2007.
Concerning Regulations that Waterways. L.W. Hewett,
Significantly Affect Energy Supply,
Distribution, or Use. We have ■ For the reasons discussed in the Commander, U.S. Coast Guard, Alternate
determined that it is not a ‘‘significant preamble, the Coast Guard amends 33 Captain of the Port Sault Ste Marie.
energy action’’ under that order because CFR part 165 as follows: [FR Doc. E7–13503 Filed 7–11–07; 8:45 am]
it is not a ‘‘significant regulatory action’’ BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
under Executive Order 12866 and is not
AREAS AND LIMITED ACCESS AREAS
likely to have a significant adverse effect
on the supply, distribution, or use of ■ 1. The authority citation for part 165
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energy. The Administrator of the Office continues to read as follows:


of Information and Regulatory Affairs Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
has not designated it as a significant Chapter 701; 50 U.S.C. 191, 195; 33 CFR
energy action. Therefore, it does not 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
require a statement of Energy Effects 107–295, 116 Stat. 2064; Department of
under Executive Order 13211. Homeland Security Delegation No. 0170.1.

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