Safety Zone; Schoenith Family Foundation Fireworks, Detroit River, Detroit, MI, 54839-54841 [E7-19059]
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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
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’’ is available in
the docket where indicated under
ADDRESSES.
(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.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his on-scene representative to obtain
permission to do so. The Captain of the
Port or his 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 or his
on-scene representative.
54839
LT
Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110
Mount Elliot Ave., Detroit MI 48207;
(313)-568–9580.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Regulatory Information
I 2. Add § 165.T09–016 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T09–016 Safety Zone; Marine City
Maritime Festival Fireworks, St. Clair River,
Marine City, MI.
Coast Guard
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(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 fewer 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. This temporary
safety zone should have minimal
negative impact on the public and
navigation because it will be enforced
for only a one and one half hour period
on one day. In addition, the area
restricted by the safety zone is minimal,
allowing vessels to transit around the
safety zone to pass.
33 CFR Part 165
Background and Purpose
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
mstockstill on PROD1PC66 with RULES
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.
(a) Location. The following area is a
temporary safety zone: All waters of the
St. Clair River, off of Marine City, MI,
bounded by straight lines connecting
the following points: 42–42–51.5N/082–
29–13.97W; 42–43–07.55N/082–29–
08.12W; 42–43–04.93N/082–28–
54.11W; 42–42–48.58N/082–29–00.81W
(NAD 83). This safety zone is located in
the St. Clair River, east of the lighthouse
in Marine City, MI, near the center of
the river and encompasses an 840-foot
diameter around the fireworks barge
location.
(b) Enforcement Period. This rule will
be enforced from 9:30 p.m. to 11:30 p.m.
on September 22, 2007. In the event that
the fireworks are cancelled due to
inclement weather on September 22,
then the rule will be enforced from 9:30
p.m. to 11:30 p.m. on September 23,
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 Detroit, or his onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his on-scene representative.
VerDate Aug<31>2005
17:45 Sep 26, 2007
Jkt 211001
Dated: September 5, 2007.
P.W. Brennan,
Captain, U.S. Coast Guard, Commander,
Coast Guard Sector Detroit.
[FR Doc. E7–19061 Filed 9–26–07; 8:45 am]
BILLING CODE 4910–15–P
[CGD09–07–119]
RIN 1625–AA00
Safety Zone; Schoenith Family
Foundation Fireworks, Detroit River,
Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Detroit River, Detroit, MI. This
safety zone is intended to restrict
vessels from a portion of the Detroit
River during the September 23, 2007
Schoenith Family Foundation Fireworks
display. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
fireworks displays.
DATES: This rule is effective from 7:30
p.m. to 9 p.m. on September 23, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are parts of docket CGD09–07–
119 and are available for inspection or
copying at U.S. Coast Guard Sector
Detroit, 110 Mt. Elliot Ave., Detroit, MI
48207 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
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 Detroit has
determined that fireworks launches
proximate to watercraft pose a
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 Schoenith Family
Foundation Fireworks. The fireworks
display will occur between 8 p.m. and
8:30 p.m. on September 23, 2007.
E:\FR\FM\27SER1.SGM
27SER1
54840
Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
The safety zone for the fireworks will
encompass all waters of the Detroit
River within a 210’ radius of the
fireworks launch site located at position
42°21.2′ N; 82°58.4′ W. (DATUM: NAD
83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Detroit or his onscene representative. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
mstockstill on PROD1PC66 with RULES
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 zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zones’ 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 the Detroit River near
Detroit, MI between 7:30 p.m. and 9
p.m. on September 23, 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 only one and one half hours
for one event; vessel traffic can safely
pass outside the safety zone during the
event; and in the event that this
temporary safety zone affects shipping,
commercial vessels may request
permission from the Captain of the Port
VerDate Aug<31>2005
17:45 Sep 26, 2007
Jkt 211001
Detroit 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
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
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 these regulations 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.
E:\FR\FM\27SER1.SGM
27SER1
Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Rules and Regulations
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
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 ‘‘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:
BILLING CODE 4910–15–P
mstockstill on PROD1PC66 with RULES
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.
I 2. A new temporary § 165.T09–119 is
added as follows:
Jkt 211001
DEPARTMENT OF THE INTERIOR
National Park Service
1. The authority citation for part 165
continues to read as follows:
I
17:45 Sep 26, 2007
(a) Location. The following area is a
temporary safety zone: All waters of the
Detroit River, Detroit, MI, within a two
hundred ten foot radius of the fireworks
launch site located at position 42°21.2′
N; 82°58.4′ W. (DATUM: NAD 83). This
position is located in the Detroit River
directly in front of the Roostertail
restaurant at 100 Marquette in Detroit,
MI.
(b) Enforcement period. This
regulation will be enforced from 7:30
p.m. to 9 p.m. on September 23, 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 Detroit or his onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his 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.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his on-scene representative to obtain
permission to do so. The Captain of the
Port or his 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 Detroit
or his on-scene representative.
Dated: September 5, 2007.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. E7–19059 Filed 9–26–07; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Aug<31>2005
§ 165.T09–119 Safety zone; Schoenith
Family Foundation Fireworks, Detroit River,
Detroit, MI.
36 CFR Part 7
RIN 1024–AD40
Special Regulations; Areas of the
National Park System, National Capital
Region
AGENCY:
PO 00000
National Park Service, Interior.
Frm 00029
Fmt 4700
Sfmt 4700
ACTION:
54841
Final rule.
SUMMARY: The National Park Service
(NPS) is adding a regulation governing
parking violations. The addition is
needed to address situations in which
the vehicle’s operator is absent when
the vehicle is illegally parked. The
amendment provides that a parking
citation is subject to fine, allows the
citation to name the registered owner if
the operator is not present, and creates
a rebuttable prima facie presumption
that the registered owner of the illegally
parked vehicle was the person who
committed the violation. This rule is
similar to provisions in the parking laws
of the District of Columbia, Virginia,
and Maryland.
DATES: This regulation becomes
effective October 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Jennifer Lee, Special Assistant, 1849 C.
St., NW., Room 3319, Washington, DC
20240, jennifer_lee@nps.gov, 202–219–
1689.
SUPPLEMENTARY INFORMATION:
Background
Parking violations on Federal
parkland administered by the NPS in
the National Capital Region are
regulated by 36 CFR 4.12 (traffic control
devices). This section provides that
‘‘Failure to comply with the directions
of a traffic control device is prohibited
unless otherwise directed by the
superintendent.’’ Prohibitions included
within 36 CFR 4.12 are violations of
handicapped parking signs, no parking,
parking times limitations, and parking
outside of marked parking spaces. This
regulation is routinely used by United
States Park Police officers and National
Park Service law enforcement
commissioned rangers. When a citation
is issued and the operator is not
identified on the notice, it results in the
violation being dismissed if the
registered owner fails to appear at trial
and the court declines to proceed.
Parking spaces on parkland are
limited in number and are intended to
provide visitors with safe, convenient,
and legal areas to park while they visit
the parks. In urbanized areas of parks in
the National Capital Region, violation
notices have been dismissed because the
operator has not been identified. This is
a concern as the U.S. Park Police have
documented instances of operators
repeatedly parking illegally without
consequence, which denies others the
ability to legally use the parking places.
Description of Rulemaking
In response to this problem, the
National Park Service is amending the
E:\FR\FM\27SER1.SGM
27SER1
]]>Agencies
[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Rules and Regulations]
[Pages 54839-54841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19059]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-07-119]
RIN 1625-AA00
Safety Zone; Schoenith Family Foundation Fireworks, Detroit
River, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Detroit River, Detroit, MI. This safety zone is intended to restrict
vessels from a portion of the Detroit River during the September 23,
2007 Schoenith Family Foundation Fireworks display. This temporary
safety zone is necessary to protect spectators and vessels from the
hazards associated with fireworks displays.
DATES: This rule is effective from 7:30 p.m. to 9 p.m. on September 23,
2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are parts of docket CGD09-07-119 and are available for
inspection or copying at U.S. Coast Guard Sector Detroit, 110 Mt.
Elliot Ave., Detroit, MI 48207 between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit MI
48207; (313)-568-9580.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(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 fewer 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. This temporary safety zone should have minimal negative
impact on the public and navigation because it will be enforced for
only a one and one half hour period on one day. In addition, the area
restricted by the safety zone is minimal, allowing vessels to transit
around the safety zone to pass.
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 Detroit has determined that fireworks launches proximate to
watercraft pose a 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 Schoenith Family Foundation
Fireworks. The fireworks display will occur between 8 p.m. and 8:30
p.m. on September 23, 2007.
[[Page 54840]]
The safety zone for the fireworks will encompass all waters of the
Detroit River within a 210' radius of the fireworks launch site located
at position 42[deg]21.2[min] N; 82[deg]58.4[min] W. (DATUM: NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Detroit or his on-scene
representative. The Captain of the Port or his 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 zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
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 the Detroit River near Detroit, MI
between 7:30 p.m. and 9 p.m. on September 23, 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 only one and one half hours for one event;
vessel traffic can safely pass outside the safety zone during the
event; and in the event that this temporary safety zone affects
shipping, commercial vessels may request permission from the Captain of
the Port Detroit 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 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 these regulations 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.
[[Page 54841]]
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
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 ``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.T09-119 is added as follows:
Sec. 165.T09-119 Safety zone; Schoenith Family Foundation Fireworks,
Detroit River, Detroit, MI.
(a) Location. The following area is a temporary safety zone: All
waters of the Detroit River, Detroit, MI, within a two hundred ten foot
radius of the fireworks launch site located at position 42[deg]21.2' N;
82[deg]58.4' W. (DATUM: NAD 83). This position is located in the
Detroit River directly in front of the Roostertail restaurant at 100
Marquette in Detroit, MI.
(b) Enforcement period. This regulation will be enforced from 7:30
p.m. to 9 p.m. on September 23, 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 Detroit or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his 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.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. The Captain of the Port
or his 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 Detroit or his on-scene representative.
Dated: September 5, 2007.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E7-19059 Filed 9-26-07; 8:45 am]
BILLING CODE 4910-15-P
