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

and Department of Homeland Security 

Management Directive 5100.1, 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)(h), of the Instruction, from further 

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine event permit 

are specifically excluded from further 

analysis and documentation under those 

sections. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add temporary § 100.35–T05–009 

to read as follows: 

§ 100.35–T05–009 Martin Lagoon, Middle 

River, Maryland. 

(a) Regulated area. The regulated area 

includes all waters of Martin Lagoon 

that are north of a line drawn from 

latitude 39°19′34′′ N, 076°25′41′′ W, 

thence to a position located at 39°19′33′′ 

N, 076°25′33′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement period. This section 

will be enforced from 9 a.m. to 11 p.m. 

on May 12, 2007. If the marine event is 

postponed due to weather, then the 

temporary special local regulations will 

be enforced during the same time period 

on May 13, 2007. 

Dated: March 29, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–6781 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–011] 

RIN 1625–AA00 

Safety Zone; Michigan Aerospace 

Challenge, Muskegon Lake, Muskegon, 

MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Muskegon Lake near Muskegon, MI. 

This zone is intended to restrict vessels 

from a portion of the Muskegon Lake 

during the Michigan Aerospace 

Challenge Rocket Launch. This 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with sport rockets. 

DATES: This rule is effective from 8 a.m. 

(local) to 6 p.m. (local) on April 28, 

2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket CGD09–07–

011 and are available for inspection or 

copying at U.S. Coast Guard Sector Lake 

Michigan, 2420 South Lincoln Memorial 

Drive, Milwaukee, Wisconsin, 53207 

between 8 a.m. (local) and 3 p.m. (local), 

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 

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 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. The Coast Guard 

has not received any complaints or 

negative comments previously with 

regard to this event. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a sport rocket launch. Based on the 

explosive and missile hazards of sport 

rockets, the Captain of the Port Lake 

Michigan has determined sport rocket 

launches in close proximity to 

watercraft pose significant risk to public 

safety and property. The likely 

combination of large numbers of 

recreation vessels, congested waterways, 

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 rocket launch site 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 sport rockets in 

conjunction with the Michigan 

Aerospace Challenge Rocket Launch. 

The rocket launch will occur between 8 

a.m. (local) and 6 p.m. (local) on April 

28, 2007. 

The safety zone for the rocket launch 

will encompass all waters and adjacent 

shoreline of Muskegon Lake and within 

the arc of a circle with a 1500-yard 

radius from the rocket launch site 

located at the West Michigan Dock and 

Market Corp facility with its center in 

position 43°14′21′′ N, 086°15′35′′ W 

(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. 


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 18125 

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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

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 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 Muskegon Lake near 

Muskegon, Michigan between 8 a.m. 

(local) and 6 p.m. (local) on April 28, 

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 ten hours 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 Lake Michigan 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 (Public Law 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). 

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 an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not affect 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 

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. 

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, 


cprice-sewell on PROD1PC71 with RULES
18126 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

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, we believe that 

this rule should be 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’’ is available in the docket 

where indicated under ADDRESSES. 

Comments on this section will be 

considered before we make the final 

decision on whether the rule should be 

categorically excluded from further 

environmental review. 

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: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T09–011 is 

added as follows: 

§ 165.T09–011 Safety zone; Michigan 

Aerospace Challenge, Muskegon Lake, 

Muskegon, MI. 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Muskegon Lake and within the arc of a 

circle with a 1500-yard radius from the 

rocket launch site located at the West 

Michigan Dock and Market Corp facility 

with its center in position 43°14′21′′ N, 

086°15′35′′ W (NAD 83). 

(b) Effective period. This regulation is 

effective from 8 a.m. (local) on April 28, 

2007 to 6 p.m. (local), on April 28, 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 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 

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: March 31, 2007. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Commander, 

Coast Guard Sector Lake Michigan. 

[FR Doc. E7–6777 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–034] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Potomac River, Oxon Hill, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

upon certain waters of the Potomac 

River during a fireworks display. This 

action is necessary to provide for the 

safety of life on navigable waters during 

a fireworks display launched from a 

barge, located in a cove near Oxon Hill, 

Maryland. This action will restrict 

vessel traffic in a portion of the Potomac 

River. 

DATES: This rule is effective from 8 p.m. 

to 10 p.m. on May 31, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of this docket and are 

available for inspection or copying at 

Commander, U.S. Coast Guard Sector 

Baltimore, 2401 Hawkins Point Road, 

Building 70, Waterways Management 

Division, Baltimore, Maryland 21226–

1791, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald L. Houck, at Coast Guard Sector 

Baltimore, Waterways Management 

Division, at telephone number (410) 

576–2674 or (410) 576–2693. 

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. There was 

insufficient time to allow for the 

publication of an NPRM followed by a 

temporary final rule before the effective 

date. Any delay of the effective date of 

this rule would be contrary to the public 

interest by exposing the public to the 

known dangers associated with 

Fireworks Displays. 

Background and Purpose 

Each year, thousands of spectators 

attend outdoor fireworks displays 

discharged from vessels or floating 

platforms on or near the navigable 

waters of the United States. Accidental 

discharge of fireworks and falling hot 

embers are a safety concern during such 

events. The Coast Guard has the 

authority to impose appropriate controls 

on marine events that may pose a threat 

to persons, vessels and facilities under 

its jurisdiction. The Coast Guard is 

establishing a safety zone that will be 

enforced during a fireworks display 

held over the Potomac River, in a cove 

near Oxon Hill, Maryland. The rule is 

needed to control movement through a 

portion of the waterway that is expected 

to be populated by vessels seeking to 

view the fireworks display. 

Discussion of Proposed Rule 

On May 31, 2007, the Peterson 

Companies, National Harbor, will 

sponsor a fireworks display launched 

from a barge located on the Potomac 

River near Oxon Hill, in Prince George’s 

County, Maryland. The planned event 

includes an aerial fireworks display 

beginning at 9 p.m. Due to the need for 

vessel control during the fireworks 

display, vessel traffic will be restricted 

to provide for the safety of spectators 

and transiting vessels. 

The purpose of this rule is to promote 

maritime safety, and to protect the 

environment and mariners transiting the 

area from the potential hazards due to 

falling embers or other debris associated 

with a fireworks display from a barge. 

This rule establishes a safety zone on 


cprice-sewell on PROD1PC71 with RULES