Safety Zone, Kenosha Harbor, Kenosha, WI, 31181-31183 [E7-10906]
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
(2) A pat search of your person or
belongings involves a staff member
pressing his/her hands on your outer
clothing, or the outer surface of your
belongings, to determine whether
prohibited objects are present.
(3) Whenever possible, pat searches of
your person will be performed by staff
members of the same sex. Pat searches
may be conducted by staff members of
the opposite sex only in emergency
situations with the Warden’s
authorization.
(c) Visual Search. You and your
belongings may be visually searched as
follows:
(1) Person. (i) A visual search of your
person involves removing all articles of
clothing, including religious headwear,
to allow a visual (non-tactile) inspection
of your body surfaces and cavities.
(ii) Visual searches of your person
must always be authorized by the
Warden or his/her designee and based
on reasonable suspicion; random visual
searches are prohibited.
(iii) When authorized, visual searches
will be performed discreetly, in a
private area away from others, and by
staff members of the same sex as the
non-inmate being searched. Visual
searches may be conducted by staff
members of the opposite sex in
emergency situations with the Warden’s
authorization.
(iv) Body cavity (tactile) searches of
non-inmates are prohibited.
(2) Belongings. A visual search of your
belongings involves opening and
exposing all contents for visual and
manual inspection, and may be done
either as part of a random search or with
reasonable suspicion.
(d) Drug Testing. (1) You may be
tested for use of intoxicating substances
by any currently reliable testing method,
including, but not limited to,
breathalyzers and urinalysis.
(2) Drug testing must always be
authorized by the Warden or his/her
designee and must be based on
reasonable suspicion that you are under
the influence of an intoxicating
substance upon entering, or while
inside, a Bureau facility or Bureau
grounds.
(3) Searches of this type will always
be performed discreetly, in a private
area away from others, and by staff
members adequately trained to perform
the test. Whenever possible, urinalysis
tests will be conducted by staff members
of the same sex as the non-inmate being
tested. Urinalysis tests may be
conducted by staff members of the
opposite sex only in emergency
situations with the Warden’s
authorization.
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§ 511.17 When a non-inmate will be denied
entry to or required to leave a Bureau
facility or Bureau grounds.
At the Warden’s, or his/her
designee’s, discretion, and based on this
subpart, you may be denied entry to, or
required to leave, a Bureau facility or
Bureau grounds if:
(a) You refuse to be searched under
this subpart; or
(b) There is reasonable suspicion that
you may be engaged in, attempting, or
about to engage in, prohibited activity
that jeopardizes the Bureau’s ability to
ensure the safety, security, and orderly
operation of its facilities, or protect the
public. ‘‘Reasonable suspicion,’’ for this
purpose, may be based on the results of
a search conducted under this subpart,
or any other reliable information.
§ 511.18 When Bureau staff can arrest and
detain a non-inmate.
(a) You may be arrested and detained
by Bureau staff anytime there is
probable cause indicating that you have
violated or attempted to violate
applicable criminal laws while at a
Bureau facility, as authorized by 18
U.S.C. 3050.
(b) ‘‘Probable cause’’ exists when
specific facts and circumstances lead a
reasonably cautious person (not
necessarily a law enforcement officer) to
believe a violation of criminal law has
occurred, and warrants consideration
for prosecution.
(c) Non-inmates arrested by Bureau
staff under this regulation will be
physically secured, using minimally
necessary force and restraints, in a
private area of the facility away from
others. Appropriate law enforcement
will be immediately summoned to
investigate the incident, secure
evidence, and commence criminal
prosecution.
[FR Doc. E7–10925 Filed 6–5–07; 8:45 am]
BILLING CODE 4410–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–013]
RIN 1625–AA00
Safety Zone, Kenosha Harbor,
Kenosha, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
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31181
near Kenosha Harbor, Kenosha,
Wisconsin. This zone is intended to
control the movement of vessels on
portions of Lake Michigan and Great
Lakes Naval Training Center Harbor
during the Spill of National Significance
(SONS) exercise on June 19 and 20,
2007. This zone is necessary to protect
the public from the hazards associated
with ships and boats deploying oil
containment equipment.
DATES: This rule is effective from June
19, 2007 through June 20, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD09–07–013] and are
available for inspection or copying at
Coast Guard Sector Lake Michigan
(spw), 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207, between 8
a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 23, 2007 we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone, Kenosha Harbor,
Kenosha, WI in the Federal Register (72
FR 20089). We received no letters
commenting on the proposed rule. No
public meeting was requested and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule’s effective
date would be contrary to public
interest. This rule is necessary in order
to prevent traffic from transiting the
waters during the SONS exercise and
provide for the safety of life and
property on navigable waters.
Background and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
and people from hazards associated
with numerous vessels deploying oil
containment boom and conducting
diving operations. Based on the
experiences in other Captain of the Port
zones, the Captain of the Port Lake
Michigan has determined numerous
vessels engaged in the deployment of oil
containment boom in close proximity to
watercraft pose significant risk to public
safety and property. The likely
combination of large numbers of
recreation vessels and congested
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31182
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
waterways could result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
around the location of the SONS
exercise will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Discussion of Comments
The Coast Guard did not receive
comments in response to the Notice of
proposed rulemaking (NPRM) published
in the Federal Register.
rmajette on PROD1PC64 with RULES
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of vessels during the
deployment and recovery of oil
containment boom in conjunction with
the SONS exercise. The safety zone will
be enforced between 8 a.m. and 6 p.m.
on June 19 and 20, 2007.
The safety zone for the SONS exercise
will encompass all waters of Lake
Michigan 2,300 yards north of Kenosha
Breakwater Light (Lightlist number
20430) and from the shoreline to 1,500
yards east Kenosha Breakwater Light
(Lightlist number 20430) and bounded
by a line with of point origin at
42°36′29″ N, 087°47′17″ W; then west to
42°36′29″ N, 087°49′07″ W; then south
along the shoreline to 42°35′19″ N,
087°48′41″ W; then east, northeast to
42°35′24″ N, 087°47′17″ W; then north
to the point of origin (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated onscene representative. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or his designated onscene representative. The Captain of the
Port or his designated on-scene
representative may be contacted via
VHF Channel 16.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The Coast Guard will only enforce
this safety zone for 10 hours a day on
the two days specified. This safety zone
has been designed to allow vessels to
transit unrestricted to portions of the
harbor not affected by the zone. The
Captain of the Port will allow vessels to
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16:34 Jun 05, 2007
Jkt 211001
enter and depart Great Lakes Naval
Training Center Harbor. The Coast
Guard expects insignificant adverse
impact to mariners from the activation
of this zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: The owners of vessels
intending to transit or anchor in a
portion of Lake Michigan between 8
a.m. and 6 p.m. (local) on June 19, 2007
and June 20, 2007. The safety zone
would not have a significant economic
impact on a substantial number of small
entities for the following reasons. This
rule would be in effect for only 20
hours. Vessel traffic can safely pass
around the safety zone and enter and
depart Kenosha Harbor.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. Small
businesses may send comments on the
actions of Federal employees who
enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
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Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect the taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that this safety zone and fishing rights
protection need not be incompatible.
We have also determined that this Rule
does not have tribal implications under
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments, because it does not have
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Proposed Rule or options for
compliance are encourage to contact the
point of contact listed under FOR
FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
rmajette on PROD1PC64 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
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15:16 Jun 05, 2007
Jkt 211001
excluded, under figure 2–1, paragraph
(34)(g) of the Instruction, from further
environmental documentation.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard has amended
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
31183
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Lake
Michigan or his on-scene representative
to obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Lake Michigan or his
on-scene representative.
Dated: May 16, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E7–10906 Filed 6–5–07; 8:45 am]
BILLING CODE 4910–15–P
I 2. Add § 165.T09–013 to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T09–013 Safety Zone, Kenosha
Harbor, Kenosha, WI.
40 CFR Part 52
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Michigan 2,300 yards north of
Kenosha Breakwater Light (Lightlist
number 20430) and from the shoreline
to 1,500 yards east Kenosha Breakwater
Light (Lightlist number 20430) and
bounded by a line with of point origin
at 42°36′29″ N, 087°47′17″ W; then west
to 42°36′29″ N, 087°49′07″ W; then
south along the shoreline to 42°35′19″
N, 087°48′41″ W; then east, northeast to
42°35′24″ N, 087°47′17″ W; then north
to the point of origin (NAD 83).
(b) Effective period. This regulation is
effective from 8 a.m. (local) on June 19,
2007 to 6 p.m. (local) on June 20, 2007.
(c) Enforcement Period. This
regulation will be enforced from 8 a.m.
(local) to 6 p.m. (local) on June 19, 2007
and from 8 a.m. (local) to 6 p.m. (local)
on June 20, 2007.
(d) Regulations. (1) In accordance
with the general regulations in section
165.23 of this part, entry into, transiting,
or anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan, or
his designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
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[EPA–R09–OAR–2007–0091, FRL–8322–5]
Findings of Failure To Attain; State of
Arizona, Phoenix Nonattainment Area;
State of California, Owens Valley
Nonattainment Area; Particulate Matter
of 10 Microns or Less
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is finalizing its findings
that the Phoenix Planning Area
(Phoenix nonattainment area) and the
Owens Valley Planning Area (Owens
Valley nonattainment area) did not
attain the 24-hour National Ambient Air
Quality Standard (NAAQS) for
particulate matter of 10 microns or less
(PM–10) by the deadline mandated in
the Clean Air Act (CAA or the Act),
December 31, 2006. These findings are
based on monitored air quality data for
the PM–10 NAAQS from 2004 through
September 2006.
Several Indian tribes have
reservations located within the
boundaries of the Phoenix and Owens
Valley nonattainment areas. EPA
implements CAA provisions for
determining whether such areas have
attained the NAAQS by the applicable
attainment deadline. After affording the
affected tribal leaders the opportunity to
consult with EPA on its proposed
actions, the Agency is also finding that
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Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Rules and Regulations]
[Pages 31181-31183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10906]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-07-013]
RIN 1625-AA00
Safety Zone, Kenosha Harbor, Kenosha, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone near
Kenosha Harbor, Kenosha, Wisconsin. This zone is intended to control
the movement of vessels on portions of Lake Michigan and Great Lakes
Naval Training Center Harbor during the Spill of National Significance
(SONS) exercise on June 19 and 20, 2007. This zone is necessary to
protect the public from the hazards associated with ships and boats
deploying oil containment equipment.
DATES: This rule is effective from June 19, 2007 through June 20, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-07-013] and are available for inspection or
copying at Coast Guard Sector Lake Michigan (spw), 2420 South Lincoln
Memorial Drive, Milwaukee, WI 53207, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 23, 2007 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone, Kenosha Harbor, Kenosha, WI in the Federal
Register (72 FR 20089). We received no letters commenting on the
proposed rule. No public meeting was requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule's effective
date would be contrary to public interest. This rule is necessary in
order to prevent traffic from transiting the waters during the SONS
exercise and provide for the safety of life and property on navigable
waters.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and people from hazards associated with numerous vessels
deploying oil containment boom and conducting diving operations. Based
on the experiences in other Captain of the Port zones, the Captain of
the Port Lake Michigan has determined numerous vessels engaged in the
deployment of oil containment boom in close proximity to watercraft
pose significant risk to public safety and property. The likely
combination of large numbers of recreation vessels and congested
[[Page 31182]]
waterways could result in serious injuries or fatalities. Establishing
a safety zone to control vessel movement around the location of the
SONS exercise will help ensure the safety of persons and property at
these events and help minimize the associated risks.
Discussion of Comments
The Coast Guard did not receive comments in response to the Notice
of proposed rulemaking (NPRM) published in the Federal Register.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
vessels during the deployment and recovery of oil containment boom in
conjunction with the SONS exercise. The safety zone will be enforced
between 8 a.m. and 6 p.m. on June 19 and 20, 2007.
The safety zone for the SONS exercise will encompass all waters of
Lake Michigan 2,300 yards north of Kenosha Breakwater Light (Lightlist
number 20430) and from the shoreline to 1,500 yards east Kenosha
Breakwater Light (Lightlist number 20430) and bounded by a line with of
point origin at 42[deg]36'29'' N, 087[deg]47'17'' W; then west to
42[deg]36'29'' N, 087[deg]49'07'' W; then south along the shoreline to
42[deg]35'19'' N, 087[deg]48'41'' W; then east, northeast to
42[deg]35'24'' N, 087[deg]47'17'' W; then north to the point of origin
(NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Lake
Michigan or his designated on-scene representative. The Captain of the
Port or his designated on-scene representative may be contacted via VHF
Channel 16.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
The Coast Guard will only enforce this safety zone for 10 hours a
day on the two days specified. This safety zone has been designed to
allow vessels to transit unrestricted to portions of the harbor not
affected by the zone. The Captain of the Port will allow vessels to
enter and depart Great Lakes Naval Training Center Harbor. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of this zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners of vessels intending to transit or anchor
in a portion of Lake Michigan between 8 a.m. and 6 p.m. (local) on June
19, 2007 and June 20, 2007. The safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule would be in effect for only 20
hours. Vessel traffic can safely pass around the safety zone and enter
and depart Kenosha Harbor.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. Small businesses
may send comments on the actions of Federal employees who enforce, or
otherwise determine compliance with, Federal regulations to the Small
Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect the taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that this safety zone and fishing rights
protection need not be incompatible. We have also determined that this
Rule does not have tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have
[[Page 31183]]
a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes. Nevertheless, Indian Tribes that have
questions concerning the provisions of this Proposed Rule or options
for compliance are encourage to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Instruction, from further environmental
documentation.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard has amended
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T09-013 to read as follows:
Sec. 165.T09-013 Safety Zone, Kenosha Harbor, Kenosha, WI.
(a) Location. The following area is a temporary safety zone: All
waters of Lake Michigan 2,300 yards north of Kenosha Breakwater Light
(Lightlist number 20430) and from the shoreline to 1,500 yards east
Kenosha Breakwater Light (Lightlist number 20430) and bounded by a line
with of point origin at 42[deg]36'29'' N, 087[deg]47'17'' W; then west
to 42[deg]36'29'' N, 087[deg]49'07'' W; then south along the shoreline
to 42[deg]35'19'' N, 087[deg]48'41'' W; then east, northeast to
42[deg]35'24'' N, 087[deg]47'17'' W; then north to the point of origin
(NAD 83).
(b) Effective period. This regulation is effective from 8 a.m.
(local) on June 19, 2007 to 6 p.m. (local) on June 20, 2007.
(c) Enforcement Period. This regulation will be enforced from 8
a.m. (local) to 6 p.m. (local) on June 19, 2007 and from 8 a.m. (local)
to 6 p.m. (local) on June 20, 2007.
(d) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Lake Michigan, or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or his designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or his on-
scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Lake
Michigan or his on-scene representative.
Dated: May 16, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E7-10906 Filed 6-5-07; 8:45 am]
BILLING CODE 4910-15-P