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Federal Register / Vol. 72, No.

120 / Friday, June 22, 2007 / Rules and Regulations 34379

13175, Consultation and Coordination Paragraph (34)(f) applies because this SUMMARY: The Coast Guard is
with Indian Tribal Governments, rule expands a special anchorage area. establishing a temporary safety zone on
because it does not have a substantial A final ‘‘Environmental Analysis the St. Lawrence River in Cape Vincent,
direct effect on one or more Indian Check List’’ and a final ‘‘Categorical NY. This zone is intended to restrict
tribes, on the relationship between the Exclusion Determination’’ are available vessels from a portion of the St.
Federal Government and Indian tribes, in the docket where indicated under Lawrence River during the French
or on the distribution of power and ADDRESSES. Festival Fireworks on July 14, 2007
responsibilities between the Federal fireworks display. This temporary safety
Government and Indian tribes. List of Subjects in 33 CFR Part 110
zone is necessary to protect spectators
Anchorage grounds. and vessels from the hazards associated
Energy Effects
■ For the reasons discussed in the with fireworks displays.
We have analyzed this rule under preamble, the Coast Guard amends 33 DATES: This rule is effective from 9:30
Executive Order 13211, Actions CFR part 110 as follows: p.m. to 10:30 p.m., on July 14, 2007.
Concerning Regulations That
ADDRESSES: Documents indicated in this
Significantly Affect Energy Supply, PART 110—ANCHORAGE
Distribution, or Use. We have preamble as being available in the
REGULATIONS
determined that it is not a ‘‘significant docket, are part of docket CGD09–07–
energy action’’ under that order because ■ 1. The authority citation for part 110 042 and are available for inspection or
it is not a ‘‘significant regulatory action’’ continues to read as follows: copying at U.S. Coast Guard Sector
under Executive Order 12866 and is not Authority: 33 U.S.C. 471; 1221 through
Buffalo, 1 Fuhrmann Blvd., Buffalo, NY
likely to have a significant adverse effect 1236, 2030, 2035, 2071; 33 CFR 1.05–1; 14203 between 8 a.m. and 3 p.m.,
on the supply, distribution, or use of Department of Homeland Security Delegation Monday through Friday, except Federal
energy. The Administrator of the Office No. 0170.1. holidays.
of Information and Regulatory Affairs ■ 2. In § 110.60, revise paragraph (o-2) FOR FURTHER INFORMATION CONTACT: LT
has not designated it as a significant to read as follows: Tracy Wirth, Chief of Waterways
energy action. Therefore, it does not Management, Sector Buffalo 1
§ 110.60 Port of New York and vicinity. Fuhrmann Blvd., Buffalo, NY 14203;
require a Statement of Energy Effects
under Executive Order 13211. * * * * * (716) 843–9573.
(o) * * * SUPPLEMENTARY INFORMATION:
Technical Standards (o-2) Hudson River, at Nyack. That
portion of the Hudson River bound by Regulatory Information
The National Technology Transfer
and Advancement Act (NTTAA) (15 the following points: 41°06′06.8″ N, We did not publish a notice of
U.S.C. 272 note) directs agencies to use 073°54′55.5″ W; thence to 41°06′06.8″ N, proposed rulemaking (NPRM) for this
voluntary consensus standards in their 073°54′18.0″ W; thence to 41°05′00.0″ N, regulation. Under 5 U.S.C. 553(b)(B), the
regulatory activities unless the agency 073°54′18.0″ W; thence to 41°05′00.0″ N, Coast Guard finds that good cause exists
provides Congress, through the Office of 073°55′02.2″ W; thence along the for not publishing an NPRM. The permit
Management and Budget, with an shoreline to the point of origin (NAD application was not received in time to
explanation of why using these 1983), excluding a fairway in the publish an NPRM followed by a final
standards would be inconsistent with charted cable area that is marked with rule before the effective date. Under 5
applicable law or otherwise impractical. buoys. U.S.C. 553(d)(3), good cause exists for
Voluntary consensus standards are Note: The area is principally for use by making this rule effective less than 30
technical standards (e.g., specifications yachts and other recreational craft. A days after publication in the Federal
of materials, performance, design, or mooring buoy is permitted. Register. Delaying this rule would be
operation; test methods; sampling contrary to the public interest of
* * * * * ensuring the safety of spectators and
procedures; and related management
systems practices) that are developed or Dated: June 7, 2007. vessels during this event and immediate
adopted by voluntary consensus Timothy S. Sullivan, action is necessary to prevent possible
standards bodies. Rear Admiral, U.S. Coast Guard, Commander, loss of life or property. The Coast Guard
This rule does not use technical First Coast Guard District. has not received any complaints or
standards. Therefore, we did not [FR Doc. E7–12071 Filed 6–21–07; 8:45 am] negative comments previously with
consider the use of voluntary consensus BILLING CODE 4910–15–P regard to this event.
standards.
Background and Purpose
Environment This temporary safety zone is
DEPARTMENT OF HOMELAND
We have analyzed this rule under SECURITY necessary to ensure the safety of vessels
Commandant Instruction M16475.lD and spectators from hazards associated
and Department of Homeland Security Coast Guard with a fireworks display. Based on
Management Directive 5100.1, which accidents that have occurred in other
guide the Coast Guard in complying 33 CFR Part 165 Captain of the Port zones, and the
with the National Environmental Policy explosive hazards of fireworks, the
[CGD09–07–042]
Act of 1969 (NEPA) (42 U.S.C. 4321– Captain of the Port Buffalo has
4370f), and have concluded that there RIN 1625–AA00 determined that fireworks launches
are no factors in this case that would proximate to watercraft pose significant
limit the use of a categorical exclusion Safety Zone; French Festival risk to public safety and property. The
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under section 2.B.2 of the Instruction. Fireworks, St. Lawrence River, Cape likely combination of large numbers of
Therefore, this rule is categorically Vincent, NY recreation vessels, congested waterways,
excluded, under figure 2–1, paragraph AGENCY: Coast Guard, DHS. darkness punctuated by bright flashes of
(34)(f), of the Instruction, from further light, alcohol use, and debris falling into
ACTION: Temporary final rule.
environmental documentation. the water could easily result in serious

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34380 Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Rules and Regulations

injuries or fatalities. Establishing a The Coast Guard certifies under 5 Unfunded Mandates Reform Act
safety zone to control vessel movement U.S.C. 605(b) that this rule will not have
around the location of the launch a significant economic impact on a The Unfunded Mandates Reform Act
platform will help ensure the safety of substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) requires
persons and property at these events Federal agencies to assess the effects of
This rule will affect the following
and help minimize the associated risks. their discretionary regulatory actions. In
entities, some of which may be small
particular, the Act addresses actions
Discussion of Rule entities: The owners and operators of
that may result in the expenditure by a
vessels intending to transit or anchor in
A temporary safety zone is necessary State, local, or tribal government, in the
a portion of St. Lawrence River off Cape
to ensure the safety of spectators and aggregate, or by the private sector of
Vincent, NY, between 9:30 p.m. and
vessels during the setup, loading and $100,000,000 or more in any one year.
10:30 p.m. on July 14, 2007.
launching of a fireworks display in Though this rule would not result in
This safety zone will not have a such expenditure, we do discuss the
conjunction with the French Festival significant economic impact on a
Fireworks display. The fireworks effects of this rule elsewhere in this
substantial number of small entities for preamble.
display will occur between 9:30 p.m. the following reasons: This rule will be
and 10:30 p.m. on July 14, 2007. in effect for only one hour for one event. Taking of Private Property
The safety zone for the fireworks will Vessel traffic can safely pass outside the
encompass all waters of the St. safety zone during the event. In the This rule will not effect a taking of
Lawrence River within a five hundred event that this temporary safety zone private property or otherwise have
foot radius around the fireworks launch affects shipping, commercial vessels taking implications under Executive
platform located at 44°07′53″ N, may request permission from the Order 12630, Governmental Actions and
076°20′02″ W. [DATUM: NAD 83]. Captain of the Port Buffalo to transit Interference with Constitutionally
All persons and vessels shall comply through the safety zone. The Coast Protected Property Rights.
with the instructions of the Coast Guard Guard will give notice to the public via Civil Justice Reform
Captain of the Port or the designated on- a Broadcast to Mariners that the
scene representative. Entry into, regulation is in effect. This rule meets applicable standards
transiting, or anchoring within the in sections 3(a) and 3(b)(2) of Executive
Assistance for Small Entities Order 12988, Civil Justice Reform, to
safety zone is prohibited unless
authorized by the Captain of the Port Under section 213(a) of the Small minimize litigation, eliminate
Buffalo or his designated on-scene Business Regulatory Enforcement ambiguity, and reduce burden.
representative. The Captain of the Port Fairness Act of 1996 (Pub. L. 104–121), Protection of Children
or his designated on-scene we offered to assist small entities in
representative may be contacted via understanding the rule so that they We have analyzed this rule under
VHF Channel 16. could better evaluate its effects on them Executive Order 13045, Protection of
and participate in the rulemaking Children from Environmental Health
Regulatory Evaluation Risks and Safety Risks. This rule is not
process. Small businesses may send
This rule is not a ‘‘significant comments on the actions of Federal an economically significant rule and
regulatory action’’ under section 3(f) of employees who enforce, or otherwise does not concern an environmental risk
Executive Order 12866, Regulatory determine compliance with, Federal to health or risk to safety that may
Planning and Review, and does not regulations to the Small Business and disproportionately affect children.
require an assessment of potential costs Agriculture Regulatory Enforcement Indian Tribal Governments
and benefits under section 6(a)(3) of that Ombudsman and the Regional Small
Order. The Office of Management and Business Regulatory Fairness Boards. The Coast Guard recognizes the treaty
Budget has not reviewed it under that The Ombudsman evaluates these rights of Native American Tribes.
Order. actions annually and rates each agency’s Moreover, the Coast Guard is committed
We expect the economic impact of responsiveness to small business. If you to working with Tribal Governments to
this proposed rule to be so minimal that wish to comment on actions by implement local policies and to mitigate
a full Regulatory Evaluation is employees of the Coast Guard, tribal concerns. We have determined
unnecessary. This determination is call 1–888–REG–FAIR (1–888–734– that these special local regulations and
based on the minimal time that vessels 3247). fishing rights protection need not be
will be restricted from the zone and the incompatible. We have also determined
Collection of Information
zone is an area where the Coast Guard that this Rule does not have tribal
expects insignificant adverse impact to This rule calls for no new collection implications under Executive Order
mariners from the zones’ activation. of information under the Paperwork 13175, Consultation and Coordination
Reduction Act of 1995 (44 U.S.C. 3501– with Indian Tribal Governments,
Small Entities
3520). because it does not have a substantial
Under the Regulatory Flexibility Act direct effect on one or more Indian
Federalism
(5 U.S.C. 601–612), we have considered tribes, on the relationship between the
whether this rule would have a A rule has implications for federalism Federal Government and Indian tribes,
significant economic impact on a under Executive Order 13132, or on the distribution of power and
substantial number of small entities. Federalism, if it has substantial direct responsibilities between the Federal
The term ‘‘small entities’’ comprises effect on State or local governments and Government and Indian tribes.
small businesses, not-for-profit would either preempt State law or Nevertheless, Indian Tribes that have
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organizations that are independently impose a substantial direct cost of questions concerning the provisions of
owned and operated and are not compliance on them. We have analyzed this Rule or options for compliance are
dominant in their fields, and this rule under that Order and have encourage to contact the point of contact
governmental jurisdictions with determined that it does not have listed under FOR FURTHER INFORMATION
populations of less than 50,000. implications for federalism. CONTACT.

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Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Rules and Regulations 34381

Energy Effects requirements, Security measures, Dated: June 11, 2007.


We have analyzed this rule under Waterways. S.J. Ferguson,
Executive order 13211, Actions Captain, U.S. Coast Guard, Captain of the
■ For the reasons discussed in the
Concerning Regulations that Port Buffalo.
preamble, the Coast Guard amends 33
Significantly Affect Energy Supply, [FR Doc. E7–12068 Filed 6–21–07; 8:45 am]
CFR part 165 as follows:
Distribution, or Use. We have BILLING CODE 4910–15–P
determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION
energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS
it is not a ‘‘significant regulatory action’’ DEPARTMENT OF HOMELAND
under Executive Order 12866 and is not ■ 1. The authority citation for part 165 SECURITY
likely to have a significant adverse effect continues to read as follows:
on the supply, distribution, or use of Coast Guard
energy. The Administrator of the office Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
of Information and Regulatory Affairs Chapter 701; 50 U.S.C. 191, 195; 33 CFR 33 CFR Part 165
has not designated it as a significant 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
[CGD09–07–045]
energy action. Therefore, it does not 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1. RIN 1625–AA00
require a statement of Energy Effects
under Executive Order 13211. Safety Zone; Rochester Harborfest,
■ 2. A new temporary § 165.T09–042 is
Technical Standards added as follows: Genesee River and Lake Ontario,
The National Technology Transfer Rochester, NY
§ 165.T09–042 Safety zone; French
and Advancement Act (NTTAA) (15 Festival Fireworks, St. Lawrence River, AGENCY: Coast Guard, DHS.
U.S.C. 272 note) directs agencies to use Cape Vincent, NY. ACTION: Temporary final rule.
voluntary consensus standards in their
regulatory activities unless the agency (a) Location. The following area is a SUMMARY: The Coast Guard is
provides Congress, through the Office of temporary safety zone: All waters of the establishing a temporary safety zone on
Management and Budget, with an St. Lawrence River, Cape Vincent, NY the Genesee River and Lake Ontario
explanation of why using these within five hundred feet of position near Rochester, NY. This zone is
standards would be inconsistent with 44°07′53″ N, 076°20′02″ W. [DATUM: intended to restrict vessels from a
applicable law or otherwise impractical. NAD 83]. portion of the Genesee River and Lake
Voluntary consensus standards are (b) Effective period. This regulation is Ontario during the Rochester Harborfest
technical standards (e.g., specifications effective from 9:30 p.m. to 10:30 p.m. on Fireworks display on June 23, 2007.
of materials, performance, design, or This temporary safety zone is necessary
July 14, 2007.
operation; test methods; sampling to protect spectators and vessels from
procedure; and related management (c) Regulations. (1) In accordance with
the hazards associated with fireworks
system practices) that are developed or the general regulations in section 165.23 displays.
adopted by voluntary consensus of this part, entry into, transiting, or
standards bodies. anchoring within this safety zone is DATES: This rule is effective from 8 p.m.
This rule does not use technical prohibited unless authorized by the (local) to 10 p.m. (local) on June 23,
standards. Therefore, we did not Captain of the Port Buffalo, or his 2007.
consider the use of voluntary consensus designated on-scene representative. ADDRESSES: Documents indicated in this
standards. (2) This safety zone is closed to all preamble as being available in the
Environment vessel traffic, except as may be docket, are part of docket CGD09–07–
permitted by the Captain of the Port 045 and are available for inspection or
We have analyzed this rule under copying at U.S. Coast Guard Sector
Commandant Instruction M16475.lD, Buffalo or his designated on-scene
representative. Buffalo, 1 Fuhrmann Boulevard,
which guides the Coast Guard in Buffalo, NY 14203 between 8 a.m.
complying with the National (3) The ‘‘on-scene representative’’ of (local) and 3 p.m. (local), Monday
Environmental Policy Act of 1969 the Captain of the Port is any Coast through Friday, except Federal holidays.
(NEPA) (42 U.S.C. 4321–4370f), and Guard commissioned, warrant or petty
FOR FURTHER INFORMATION CONTACT: LT
have concluded that there are no factors officer who has been designated by the
in this case that would limit the use of Tracy Wirth, U.S. Coast Guard Sector
Captain of the Port to act on his behalf.
a categorical exclusion under section Buffalo; (716) 843–9573.
The on-scene representative of the
2.B.2 of the Instruction. Therefore, this Captain of the Port will be aboard either SUPPLEMENTARY INFORMATION:
rule is categorically excluded, under a Coast Guard or Coast Guard Auxiliary Regulatory Information
figure 2–1, paragraph (34)(g), of the vessel. The Captain of the Port or his
Instruction, from further environmental We did not publish a notice of
designated on-scene representative may
documentation. This event establishes a proposed rulemaking (NPRM) for this
be contacted via VHF Channel 16.
safety zone therefore paragraph (34)(g) regulation. Under 5 U.S.C. 553(b)(3)(B),
(4) Vessel operators desiring to enter the Coast Guard finds that good cause
of the Instruction applies.
A final ‘‘Environmental Analysis or operate within the safety zone shall exists for not publishing an NPRM. The
Check List’’ and a final ‘‘Categorical contact the Captain of the Port Buffalo permit application was not received in
Exclusion Determination’’ will be or his on-scene representative to obtain time to publish an NPRM followed by
available in the docket where indicated permission to do so. Vessel operators a final rule before the effective date.
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under ADDRESSES. given permission to enter or operate in Under 5 U.S.C. 553(d)(3), good cause
the safety zone must comply with all also exists for making this rule effective
List of Subjects in 33 CFR Part 165 directions given to them by the Captain less than 30 days after publication in the
Harbors, Marine safety, Navigation of the Port Buffalo or his on-scene Federal Register. Delaying this rule
(water), Reporting and recordkeeping representative. would be contrary to the public interest

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