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18122 Federal Register / Vol. 72, No.

69 / Wednesday, April 11, 2007 / Rules and Regulations

likely to have a significant adverse effect PART 100—SAFETY OF LIFE ON DATES: This rule is effective from 9 a.m.
on the supply, distribution, or use of NAVIGABLE WATERS to 11 p.m. on May 12, 2007. If this event
energy. The Administrator of the Office is postponed due to weather this
of Information and Regulatory Affairs ■ 1. The authority citation for part 100 temporary final rule will be effective
has not designated it as a significant continues to read as follows: from 9 a.m. to 11 p.m. on May 13, 2007.
energy action. Therefore, it does not Authority: 33 U.S.C. 1233. ADDRESSES: Documents indicated in this
require a Statement of Energy Effects preamble as being available in the
under Executive Order 13211. ■ 2. In § 100.525:
■ A. From 8 a.m. to 6 p.m. on April 21 docket are part of docket CGD05–07–
Technical Standards and 22, 2007, suspend paragraph (c); 009 and are available for inspection or
and copying at Commander (dpi), Fifth
The National Technology Transfer Coast Guard District, 431 Crawford
■ B. From 8 a.m. to 6 p.m. on April 21
and Advancement Act (NTTAA) (15 Street, Portsmouth, Virginia 23704–
and 22, 2007, add a new paragraph (d)
U.S.C. 272 note) directs agencies to use 5004, between 9 a.m. and 2 p.m.,
to read as follows:
voluntary consensus standards in their Monday through Friday, except Federal
regulatory activities unless the agency § 100.525 Western Branch, Elizabeth River, holidays.
provides Congress, through the Office of Portsmouth, Virginia. FOR FURTHER INFORMATION CONTACT: D.
Management and Budget, with an * * * * * M. Sens, Project Manager, Inspections
explanation of why using these (d) Enforcement period. This section and Investigations Branch, at (757) 398–
standards would be inconsistent with will be enforced from 8 a.m. to 6 p.m. 6204.
applicable law or otherwise impractical. on April 21 and 22, 2007. A notice of SUPPLEMENTARY INFORMATION:
Voluntary consensus standards are enforcement of this section will be
technical standards (e.g., specifications disseminated through the Fifth Coast Regulatory Information
of materials, performance, design, or Guard District Local Notice to Mariners On February 26, 2007, we published
operation; test methods; sampling announcing the specific event date and a notice of proposed rulemaking
procedures; and related management times. Notice will also be made via (NPRM) entitled Special Local
systems practices) that are developed or marine Safety Radio Broadcast on VHF– Regulations for Marine Events; Martin
adopted by voluntary consensus FM marine band radio channel 22 Lagoon, Middle River, MD in the
standards bodies. (157.1 MHz). Federal Register (72 FR 8323). We
This rule does not use technical Dated: March 26, 2007. received no letters commenting on the
standards. Therefore, we did not Larry L. Hereth, proposed rule. No public meeting was
consider the use of voluntary consensus requested, and none was held.
Rear Admiral, U.S. Coast Guard, Commander,
standards. Fifth Coast Guard District. Background and Purpose
Environment [FR Doc. E7–6780 Filed 4–10–07; 8:45 am]
On May 12, 2007 Baltimore County
BILLING CODE 4910–15–P
We have analyzed this rule under will sponsor the ‘‘Baltimore County
Commandant Instruction M16475.lD Community Waterfront Festival’’.
and Department of Homeland Security DEPARTMENT OF HOMELAND Various watercraft static displays and
Management Directive 5100.1, which SECURITY fire-rescue demonstrations will be
guides the Coast Guard in complying staged within Martin Lagoon. The
with the National Environmental Policy Coast Guard fireworks display will be launched from
Act of 1969 (NEPA) (42 U.S.C. 4321– Wilson Point Park but the hazardous
4370f), and have concluded that there 33 CFR Part 100 fallout area will extend over Martin
are no factors in this case that would Lagoon. A fleet of spectator vessels is
limit the use of a categorical exclusion [CGD05–07–009] expected to gather near the event site to
under section 2.B.2 of the Instruction. view the fireworks display. Due to the
RIN 1625–AA08
Therefore, this rule is categorically need for vessel control during the event,
excluded, under figure 2–1, paragraph Special Local Regulations for Marine vessel traffic will be temporarily
(34)(h), of the Instruction, from further Events; Martin Lagoon, Middle River, restricted to provide for the safety of
environmental documentation. Special MD participants, spectators and transiting
local regulations issued in conjunction vessels.
with a regatta or marine event permit AGENCY: Coast Guard, DHS.
Discussion of Comments and Changes
are specifically excluded from further ACTION: Temporary final rule.
analysis and documentation under that The Coast Guard did not receive
section. SUMMARY: The Coast Guard is comments in response to the notice of
establishing temporary special local proposed rulemaking (NPRM) published
Under figure 2–1, paragraph (34)(h),
regulations during the ‘‘Baltimore in the Federal Register. Accordingly,
of the Instruction, an ‘‘Environmental
County Community Waterfront the Coast Guard is establishing
Analysis Check List’’ and a ‘‘Categorical
Festival’’, an event to be held May 12, temporary special local regulations on
Exclusion Determination’’ are not
2007 at Martin Lagoon, Middle River, the specified waters of Martin Lagoon,
required for this rule.
Maryland. These special local Middle River, Maryland.
List of Subjects in 33 CFR Part 100 regulations are necessary to provide for
the safety of life on navigable waters Regulatory Evaluation
Marine safety, Navigation (water),
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during the event. This action is This rule is not a ‘‘significant


Reporting and recordkeeping intended to temporarily restrict vessel regulatory action’’ under section 3(f) of
requirements, Waterways. traffic in a portion of the Middle River Executive Order 12866, Regulatory
■ For the reasons discussed in the waterfront to accommodate watercraft Planning and Review, and does not
preamble, the Coast Guard proposes to static displays, fire-rescue require an assessment of potential costs
amend 33 CFR part 100 as follows: demonstrations and a fireworks display. and benefits under section 6(a)(3) of that

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Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 18123

Order. The Office of Management and Coast Guard will not retaliate against Protection of Children
Budget has not reviewed it under that small entities that question or complain We have analyzed this rule under
Order. It is not ‘‘significant’’ under the about this rule or any policy or action Executive Order 13045, Protection of
regulatory policies and procedures of of the Coast Guard. Children from Environmental Health
the Department of Homeland Security Small businesses may send comments Risks and Safety Risks. This rule is not
(DHS). on the actions of Federal employees an economically significant rule and
We expect the economic impact of does not create an environmental risk to
who enforce, or otherwise determine
this rule to be so minimal that a full health or risk to safety that may
compliance with, Federal regulations to
Regulatory Evaluation under the disproportionately affect children.
the Small Business and Agriculture
regulatory policies and procedures of
DHS is unnecessary. Regulatory Enforcement Ombudsman Indian Tribal Governments
Although this regulation restricts and the Regional Small Business
Regulatory Fairness Boards. The This rule does not have tribal
vessel traffic from transiting Martin implications under Executive Order
Lagoon during the event, the effect of Ombudsman evaluates these actions
annually and rates each agency’s 13175, Consultation and Coordination
this regulation will not be significant with Indian Tribal Governments,
due to the limited duration that the responsiveness to small business. If you
because it does not have a substantial
regulated area will be in effect and the wish to comment on actions by
direct effect on one or more Indian
extensive advance notifications that will employees of the Coast Guard, call
tribes, on the relationship between the
be made to the maritime community via 1–888–REG–FAIR (1–888–734–3247).
Federal Government and Indian tribes,
marine information broadcasts and area Collection of Information or on the distribution of power and
newspapers so mariners can adjust their responsibilities between the Federal
plans accordingly. This rule calls for no new collection Government and Indian tribes.
of information under the Paperwork
Small Entities Energy Effects
Reduction Act of 1995 (44 U.S.C. 3501–
Under the Regulatory Flexibility Act 3520). We have analyzed this rule under
(5 U.S.C. 601–612), we have considered Executive Order 13211, Actions
whether this rule would have a Federalism Concerning Regulations That
significant economic impact on a Significantly Affect Energy Supply,
A rule has implications for federalism
substantial number of small entities. Distribution, or Use. We have
The term ‘‘small entities’’ comprises under Executive Order 13132,
Federalism, if it has a substantial direct determined that it is not a ‘‘significant
small businesses, not-for-profit energy action’’ under that order because
organizations that are independently effect on State or local governments and
it is not a ‘‘significant regulatory action’’
owned and operated and are not would either preempt State law or
under Executive Order 12866 and is not
dominant in their fields, and impose a substantial direct cost of
likely to have a significant adverse effect
governmental jurisdictions with compliance on them. We have analyzed
on the supply, distribution, or use of
populations of less than 50,000. this rule under that Order and have
energy. The Administrator of the Office
The Coast Guard certifies under 5 determined that it does not have
of Information and Regulatory Affairs
U.S.C. 605(b) that this rule will not have implications for federalism.
has not designated it as a significant
a significant economic impact on a Unfunded Mandates Reform Act energy action. Therefore, it does not
substantial number of small entities. require a Statement of Energy Effects
This rule will affect the following The Unfunded Mandates Reform Act under Executive Order 13211.
entities, some of which may be small of 1995 (2 U.S.C. 1531–1538) requires
entities: the owners or operators of Federal agencies to assess the effects of Technical Standards
vessels intending to transit Martin their discretionary regulatory actions. In The National Technology Transfer
Lagoon during the event. particular, the Act addresses actions and Advancement Act (NTTAA) (15
This rule will not have a significant that may result in the expenditure by a U.S.C. 272 note) directs agencies to use
economic impact on a substantial State, local, or tribal government, in the voluntary consensus standards in their
number of small entities for the aggregate, or by the private sector of regulatory activities unless the agency
following reasons. This rule will be in $100,000,000 or more in any one year. provides Congress, through the Office of
effect for only a short period, from 9 Though this rule will not result in such Management and Budget, with an
a.m. to 11 p.m. on May 12, 2007. Before an expenditure, we do discuss the explanation of why using these
the enforcement period, we will issue effects of this rule elsewhere in this standards would be inconsistent with
maritime advisories so mariners can preamble. applicable law or otherwise impractical.
adjust their plans accordingly. Voluntary consensus standards are
Taking of Private Property technical standards (e.g., specifications
Assistance for Small Entities
This rule will not effect a taking of of materials, performance, design, or
Under section 213(a) of the Small operation; test methods; sampling
Business Regulatory Enforcement private property or otherwise have
taking implications under Executive procedures; and related management
Fairness Act of 1996 (Pub. L. 104–121), systems practices) that are developed or
we offered to assist small entities in Order 12630, Governmental Actions and
Interference with Constitutionally adopted by voluntary consensus
understanding the rule so that they standards bodies.
could better evaluate its effects on them Protected Property Rights.
This rule does not use technical
and participate in the rulemaking Civil Justice Reform standards. Therefore, we did not
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process. If the rule would affect your consider the use of voluntary consensus
small business, organization, or This rule meets applicable standards standards.
governmental jurisdiction and you have in sections 3(a) and 3(b)(2) of Executive
questions concerning its provisions or Order 12988, Civil Justice Reform, to Environment
options for compliance, please contact minimize litigation, eliminate We have analyzed this rule under
the address listed under ADDRESSES. The ambiguity, and reduce burden. Commandant Instruction M16475.lD

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18124 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations

and Department of Homeland Security on May 12, 2007. If the marine event is rule before the effective date. Under 5
Management Directive 5100.1, which postponed due to weather, then the U.S.C. 553(d)(3), good cause exists for
guides the Coast Guard in complying temporary special local regulations will making this rule effective less than 30
with the National Environmental Policy be enforced during the same time period days after publication in the Federal
Act of 1969 (NEPA) (42 U.S.C. 4321– on May 13, 2007. Register. Delaying this rule would be
4370f), and have concluded that there Dated: March 29, 2007. contrary to the public interest of
are no factors in this case that would ensuring the safety of spectators and
Larry L. Hereth,
limit the use of a categorical exclusion vessels during this event and immediate
Rear Admiral, U.S. Coast Guard, Commander,
under section 2.B.2 of the Instruction. action is necessary to prevent possible
Fifth Coast Guard District.
Therefore, this rule is categorically loss of life or property. The Coast Guard
[FR Doc. E7–6781 Filed 4–10–07; 8:45 am]
excluded, under figure 2–1, paragraph has not received any complaints or
(34)(h), of the Instruction, from further BILLING CODE 4910–15–P
negative comments previously with
environmental documentation. Special regard to this event.
local regulations issued in conjunction
with a regatta or marine event permit DEPARTMENT OF HOMELAND Background and Purpose
are specifically excluded from further SECURITY
This temporary safety zone is
analysis and documentation under those Coast Guard necessary to ensure the safety of vessels
sections. and spectators from hazards associated
List of Subjects in 33 CFR Part 100 33 CFR Part 165 with a sport rocket launch. Based on the
Marine safety, Navigation (water), [CGD09–07–011] explosive and missile hazards of sport
Reporting and recordkeeping rockets, the Captain of the Port Lake
RIN 1625–AA00 Michigan has determined sport rocket
requirements, Waterways.
launches in close proximity to
■ For the reasons discussed in the Safety Zone; Michigan Aerospace
preamble, the Coast Guard amends 33 watercraft pose significant risk to public
Challenge, Muskegon Lake, Muskegon, safety and property. The likely
CFR part 100 as follows: MI combination of large numbers of
PART 100—SAFETY OF LIFE ON AGENCY: Coast Guard, DHS. recreation vessels, congested waterways,
NAVIGABLE WATERS ACTION: Temporary final rule. and debris falling into the water could
easily result in serious injuries or
■ 1. The authority citation for part 100 SUMMARY: The Coast Guard is fatalities. Establishing a safety zone to
continues to read as follows: establishing a temporary safety zone on control vessel movement around the
Authority: 33 U.S.C. 1233. Muskegon Lake near Muskegon, MI. location of the rocket launch site will
■ 2. Add temporary § 100.35–T05–009 This zone is intended to restrict vessels help ensure the safety of persons and
to read as follows: from a portion of the Muskegon Lake property at these events and help
during the Michigan Aerospace minimize the associated risks.
§ 100.35–T05–009 Martin Lagoon, Middle
Challenge Rocket Launch. This
River, Maryland. Discussion of Rule
temporary safety zone is necessary to
(a) Regulated area. The regulated area protect spectators and vessels from the
includes all waters of Martin Lagoon A temporary safety zone is necessary
hazards associated with sport rockets. to ensure the safety of spectators and
that are north of a line drawn from
DATES: This rule is effective from 8 a.m. vessels during the setup, loading and
latitude 39°19′34″ N, 076°25′41″ W,
thence to a position located at 39°19′33″ (local) to 6 p.m. (local) on April 28, launching of a sport rockets in
N, 076°25′33″ W. All coordinates 2007. conjunction with the Michigan
reference Datum NAD 1983. ADDRESSES: Documents indicated in this Aerospace Challenge Rocket Launch.
(b) Definitions. (1) Coast Guard Patrol preamble as being available in the The rocket launch will occur between 8
Commander means a commissioned, docket, are part of docket CGD09–07– a.m. (local) and 6 p.m. (local) on April
warrant, or petty officer of the Coast 011 and are available for inspection or 28, 2007.
Guard who has been designated by the copying at U.S. Coast Guard Sector Lake The safety zone for the rocket launch
Commander, Coast Guard Sector Michigan, 2420 South Lincoln Memorial will encompass all waters and adjacent
Baltimore. Drive, Milwaukee, Wisconsin, 53207 shoreline of Muskegon Lake and within
(2) Official Patrol means any vessel between 8 a.m. (local) and 3 p.m. (local), the arc of a circle with a 1500-yard
assigned or approved by Commander, Monday through Friday, except Federal radius from the rocket launch site
Coast Guard Sector Baltimore with a holidays. located at the West Michigan Dock and
commissioned, warrant, or petty officer Market Corp facility with its center in
FOR FURTHER INFORMATION CONTACT:
on board and displaying a Coast Guard position 43°14′21″ N, 086°15′35″ W
CWO Brad Hinken, Prevention
ensign. (NAD 83).
(c) Special local regulations. (1) Department, Coast Guard Sector Lake
Except for persons or vessels authorized Michigan, Milwaukee, WI at (414) 747– All persons and vessels shall comply
by the Coast Guard Patrol Commander, 7154. with the instructions of the Coast Guard
no person or vessel may enter or remain SUPPLEMENTARY INFORMATION: Captain of the Port or the designated on-
in the regulated area. scene representative. Entry into,
Regulatory Information transiting, or anchoring within the
(2) The operator of any vessel in the
regulated area shall: We did not publish a notice of safety zone is prohibited unless
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(i) Stop the vessel immediately when proposed rulemaking (NPRM) for this authorized by the Captain of the Port
directed to do so by any Official Patrol. regulation. Under 5 U.S.C. 553(b)(B), the Lake Michigan or his designated on-
(ii) Proceed as directed by any official Coast Guard finds that good cause exists scene representative. The Captain of the
patrol. for not publishing an NPRM. The permit Port or his designated on-scene
(d) Enforcement period. This section application was not received in time to representative may be contacted via
will be enforced from 9 a.m. to 11 p.m. publish an NPRM followed by a final VHF Channel 16.

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