Safety Zone; Ferrier Picnic, Lake Erie, Fairview, PA, 35160-35162 [E7-12401]

Download as PDF 35160 Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations have in support of a claim for preferential tariff treatment under the United States-Jordan Free Trade Agreement (US–JFTA), including a US– JFTA declaration. * * * * * PART 163—RECORDKEEPING 3. The authority citation for part 163 continues to read as follows: I Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510,1624. * * * * * 4. Section 163.1(a)(2) is amended by redesignating paragraph (a)(2)(viii) as (a)(2)(ix) and adding a new paragraph (viii) to read as follows: 5. The Appendix to part 163 is amended by adding a new listing under section IV in numerical order to read as follows: I I § 163.1 Appendix to Part 163—Interim (a)(1)(A) List. Definitions. * * * * * (a) * * * (2) * * * (viii) The maintenance of any documentation that the importer may * * * * * IV. * * * § 10.704 US–JFTA records that the importer may have in support of a US–JFTA claim for preferential tariff treatment, including an importer’s declaration. * * * * * PART 178—APPROVAL OF INFORMATION COLLECTION REQUIREMENTS 6. The authority citation for part 178 continues to read as follows: I Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 et seq. 7. Section 178.2 is amended by adding new listings for §§ 10.703 and 10.704 to the table in numerical order to read as follows: I § 178.2 Listing of OMB control numbers. 19 CFR section Description OMB control No. * * §§ 10.703 and 10.704 .................. * * * * Claim for preferential tariff treatment under the U.S.-Jordan Free Trade Agreement ................. * 1651–0128. * * * * * * * * Deborah J. Spero, Acting Commissioner, Customs and Border Protection. Approved: June 21, 2007. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 07–3133 Filed 6–26–07; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 Drawbridge Operation Regulations; Long Island, New York Inland Waterway From Rockaway Inlet to Shinnecock Canal, Atlantic Beach, NY Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Atlantic Beach Bridge, mile 0.4, across Reynolds Channel at Atlantic Beach, New York. Under this temporary deviation a onehour advance notice will be required for bridge openings between 7 a.m. and 3:30 p.m., Monday through Friday, from July 23, 2007 through August 3, 2007. pwalker on PROD1PC71 with RULES SUMMARY: 18:11 Jun 26, 2007 * This deviation is necessary to facilitate bridge steel deck grating replacement. DATES: This deviation is effective from 7 a.m. on July 23, 2007 through 3:30 p.m. August 3, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (617) 223–8364. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668–7195. SUPPLEMENTARY INFORMATION: The Atlantic Beach Bridge, across Reynolds Channel, mile 0.4, at Atlantic Beach, New York, has a vertical clearance in the closed position of 25 feet at mean high water and 30 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.799(e). The owner of the bridge, Nassau County Bridge Authority, requested a temporary deviation to facilitate the replacement of steel deck grating at the bridge. Under this temporary deviation, from July 23, 2007 through August 3, 2007, a one-hour advance notice for bridge openings shall be required between 7 a.m. and 3:30 p.m., Monday through FOR FURTHER INFORMATION CONTACT: [CGD01–07–071] VerDate Aug<31>2005 * Jkt 211001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 * * Friday, at the Atlantic Beach Bridge, mile 0.4, across Reynolds Channel, at Atlantic Beach, New York. Notice may be given by calling the bridge tender on VHF channel 13, or by telephone at (516) 239–1821. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 18, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7–12372 Filed 6–26–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09–07–040] RIN 1625–AA00 Safety Zone; Ferrier Picnic, Lake Erie, Fairview, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on Lake Erie, Fairview, PA. This zone is intended to restrict vessels from a portion of Lake Erie during the Fairview E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations Picnic fireworks display on July 1, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This rule is effective from 9:30 p.m. to 9:45 p.m. on July 1, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD09–07– 040 and are available for inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Boulevard, Buffalo, NY 14203 between 8 a.m. and 3 p.m. Monday through Friday except Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard Sector Buffalo; (716) 843–9573. SUPPLEMENTARY INFORMATION: pwalker on PROD1PC71 with RULES Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The permit application was not received in time to publish an NPRM followed by a final rule before the effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during this event and immediate action is necessary to prevent possible loss of life or property. Background and Purpose This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with a fireworks display. Based on accidents that have occurred in other Captain of the Port Zones, and the explosive hazards of fireworks, the Captain of the Port Buffalo has determined that fireworks launches proximate to watercraft pose significant risk to public safety and property. The likely combination of large numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, alcohol use, and debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the location of the launch platform will help ensure the safety of persons and property at these events and help minimize the associated risks. Discussion of Rule A temporary safety zone is necessary to ensure the safety of spectators and vessels during the setup, loading and VerDate Aug<31>2005 18:11 Jun 26, 2007 Jkt 211001 launching of a fireworks display in conjunction with the Ferrier Picnic fireworks display. The fireworks display will occur between 9:30 p.m. and 9:45 p.m. on July 1, 2007. The safety zone for the fireworks will encompass all waters of Lake Erie, Fairview, PA within a three hundred foot radius of position 42°04′19″ N, 080°14′40″ W. [DATUM: 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 Buffalo or his designated on-scene representative. The Captain of the Port Buffalo 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. This determination is based on the minimal time that vessels will be restricted from the safety zone and the safety zone is an area where the Coast Guard expects insignificant adverse impact to mariners from the safety zone’s activation. 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 will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners and operators of vessels intending to transit or anchor in a portion of Lake Erie, Fairview, PA between 9:30 p.m. and 9:45 p.m. on July 1, 2007. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 35161 in effect for fifteen minutes for one event. Vessel traffic can safely pass outside the safety zone during the event. In the event that this temporary safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Buffalo to transit through the safety zone. The Coast Guard will give notice to the public via a Broadcast to Mariners that the regulation is in effect. 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 the rule so that they could better evaluate its effects on them and participate in the rulemaking process. 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 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 would not result in such expenditure, we do discuss the E:\FR\FM\27JNR1.SGM 27JNR1 35162 Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a 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 concern an environmental risk to health or risk to safety that may disproportionately affect children. pwalker on PROD1PC71 with RULES 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 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 Rule or options for compliance are encouraged 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 VerDate Aug<31>2005 18:11 Jun 26, 2007 Jkt 211001 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 procedure; and related management system 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, which guides 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. This event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are 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 amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. A new temporary § 165.T09–040 is added as follows: § 165.T09–040 Safety zone; Ferrier Picnic, Lake Erie, Fairview, PA. (a) Location. The following area is a temporary safety zone: All waters and the shoreline of Lake Erie, Fairview, PA within a three hundred foot radius of position 42°04′19″ N, 080°14′40″ W. [DATUM: NAD 83]. (b) Enforcement period. This regulation will be enforced from 9:30 p.m. to 9:45 p.m. on July 1, 2007. (c) 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 Buffalo, 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 Buffalo or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Buffalo 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 Buffalo will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his designated on-scene representative may be contacted via VHF Channel 16. (5) 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 Buffalo or his on-scene representative. Dated: June 11, 2007. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E7–12401 Filed 6–26–07; 8:45 am] BILLING CODE 4910–15–P 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Rules and Regulations]
[Pages 35160-35162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12401]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-040]
RIN 1625-AA00


Safety Zone; Ferrier Picnic, Lake Erie, Fairview, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Fairview, PA. This zone is intended to restrict vessels from 
a portion of Lake Erie during the Fairview

[[Page 35161]]

Picnic fireworks display on July 1, 2007. This temporary safety zone is 
necessary to protect spectators and vessels from the hazards associated 
with fireworks displays.

DATES: This rule is effective from 9:30 p.m. to 9:45 p.m. on July 1, 
2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-07-040 and are available for 
inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann 
Boulevard, Buffalo, NY 14203 between 8 a.m. and 3 p.m. Monday through 
Friday except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard 
Sector Buffalo; (716) 843-9573.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing an NPRM. The permit application 
was not received in time to publish an NPRM followed by a final rule 
before the effective date. Under 5 U.S.C. 553(d)(3), good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. Delaying this rule would be contrary to the 
public interest of ensuring the safety of spectators and vessels during 
this event and immediate action is necessary to prevent possible loss 
of life or property.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with a fireworks 
display. Based on accidents that have occurred in other Captain of the 
Port Zones, and the explosive hazards of fireworks, the Captain of the 
Port Buffalo has determined that fireworks launches proximate to 
watercraft pose significant risk to public safety and property. The 
likely combination of large numbers of recreation vessels, congested 
waterways, darkness punctuated by bright flashes of light, alcohol use, 
and debris falling into the water could easily result in serious 
injuries or fatalities. Establishing a safety zone to control vessel 
movement around the location of the launch platform will help ensure 
the safety of persons and property at these events and help minimize 
the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading and launching of a 
fireworks display in conjunction with the Ferrier Picnic fireworks 
display. The fireworks display will occur between 9:30 p.m. and 9:45 
p.m. on July 1, 2007.
    The safety zone for the fireworks will encompass all waters of Lake 
Erie, Fairview, PA within a three hundred foot radius of position 
42[deg]04'19'' N, 080[deg]14'40'' W. [DATUM: 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 Buffalo 
or his designated on-scene representative. The Captain of the Port 
Buffalo 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.
    This determination is based on the minimal time that vessels will 
be restricted from the safety zone and the safety zone is an area where 
the Coast Guard expects insignificant adverse impact to mariners from 
the safety zone's activation.

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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of Lake Erie, Fairview, PA between 9:30 
p.m. and 9:45 p.m. on July 1, 2007.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for fifteen minutes for one event. Vessel 
traffic can safely pass outside the safety zone during the event. In 
the event that this temporary safety zone affects shipping, commercial 
vessels may request permission from the Captain of the Port Buffalo to 
transit through the safety zone. The Coast Guard will give notice to 
the public via a Broadcast to Mariners that the regulation is in 
effect.

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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 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 would not result in such expenditure, we do 
discuss the

[[Page 35162]]

effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a 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 concern an 
environmental risk to health or risk to safety that may 
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 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 Rule or options 
for compliance are encouraged 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 procedure; and related management 
system 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, 
which guides 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. This event establishes a safety zone 
therefore paragraph (34)(g) of the Instruction applies.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are 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 amends 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. A new temporary Sec.  165.T09-040 is added as follows:


Sec.  165.T09-040  Safety zone; Ferrier Picnic, Lake Erie, Fairview, 
PA.

    (a) Location. The following area is a temporary safety zone: All 
waters and the shoreline of Lake Erie, Fairview, PA within a three 
hundred foot radius of position 42[deg]04'19'' N, 080[deg]14'40'' W. 
[DATUM: NAD 83].
    (b) Enforcement period. This regulation will be enforced from 9:30 
p.m. to 9:45 p.m. on July 1, 2007.
    (c) 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 Buffalo, 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 Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo 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 Buffalo will be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his designated on-scene representative may be contacted via 
VHF Channel 16.
    (5) 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 Buffalo or his on-scene representative.

    Dated: June 11, 2007.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E7-12401 Filed 6-26-07; 8:45 am]
BILLING CODE 4910-15-P