Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 20943 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. Add § 520.606 to read as follows: 

§ 520.606 Diclazuril. 

(a) Specifications. Each 100 grams (g) 

of pellets contain 1.56 g diclazuril. 

(b) Sponsor. See No. 000061 in 

§ 510.600(c) of this chapter. 

(c) Conditions of use in horses—(1) 

Amount. Administer 1 milligram (mg) 

per kilogram (0.45 mg per pound) of 

body weight in the daily grain ration for 

28 days. 

(2) Indications for use. For the 

treatment of equine protozoal 

myeloencephalitis (EPM) caused by 

Sarcocystis neurona. 

(3) Limitations. Do not use in horses 

intended for human consumption. 

Federal law restricts this drug to use by 

or on the order of a licensed 

veterinarian. 

Dated: April 13, 2007. 

Bernadette Dunham, 

Deputy Director, Center for Veterinary 

Medicine. 

[FR Doc. E7–8041 Filed 4–26–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Francisco Bay 07–007] 

RIN 1625–AA00 

Safety Zone; Kimmelman’s Wedding 

Party Fireworks Display, San 

Francisco Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of San Francisco 

Bay for the loading, transport, and 

launching of fireworks used during a 

wedding celebration display. This safety 

zone is established to ensure the safety 

of participants and spectators. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without permission of the Captain of the 

Port or his designated representative. 

DATES: This rule is effective from 1 p.m. 

to 9:35 p.m. on April 28, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of the docket COTP San 

Francisco Bay 07–007 and are available 

for inspection or copying at Coast Guard 

Sector San Francisco, 1 Yerba Buena 

Island, San Francisco, California, 94130, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ensign Sheral Richardson, U.S. Coast 

Guard Sector San Francisco, at (415) 

556–2950 ext. 140. 

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. Logistical 

details surrounding the event were not 

finalized and presented to the Coast 

Guard in time to draft and publish an 

NPRM. As such, the event would occur 

before the rulemaking process was 

complete. Because of the dangers posed 

by the pyrotechnics used in this 

fireworks display, safety zones are 

necessary to provide for the safety of 

event participants, spectator craft, and 

other vessels transiting the event area. 

For the safety concerns noted, it is in 

the public interest to have these 

regulations in effect during the event. 

For the same reasons listed in the 

previous paragraph, 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. Any 

delay in the effective date of this rule 

would expose mariners to the dangers 

posed by the pyrotechnics used in this 

fireworks display. 

Background and Purpose 

Pyro’s Spectacular Incorporated is 

sponsoring a brief fireworks display on 

April 28, 2007 in the waters of San 

Francisco Bay near Angel Island. The 

fireworks display is meant for 

entertainment purposes at the 

Kimmelman’s Wedding. This safety 

zone is being issued to establish a 

temporary regulated area in San 

Francisco around the fireworks launch 

barge during loading of the 

pyrotechnics, during the transit of the 

barge to the display location, and during 

the fireworks display. This safety zone 

around the launch barge is necessary to 

protect spectators, vessels, and other 

property from the hazards associated 

with the pyrotechnics on the fireworks 

barge. The Coast Guard has granted the 

event sponsor a marine event permit for 

the fireworks display. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone on specified 

waters off of San Francisco Bay near 

Angel Island. During the loading of the 

fireworks barge, while the barge is being 

towed to the display location, and until 

the start of the fireworks display, the 

safety zone will apply to the navigable 

waters around and under the fireworks 

barge within a radius of 100 feet. Fifteen 

minutes prior to and during the 5- 

minute fireworks display, the area to 

which this safety zone applies to will 

increase in size to encompass the 

navigable waters around and under the 

fireworks barge within a radius of 800 

feet. Loading of the pyrotechnics onto 

the fireworks barge is scheduled to 

commence at 1 p.m. on April 28, 2007, 

and will take place at Pier 50 in San 

Francisco. Towing of the barge from Pier 

50 to the display location is scheduled 

to take place between 1 p.m. and 4 p.m. 

on April 28, 2007. During the fireworks 

display, scheduled to commence at 

approximately 9:30 p.m., the fireworks 

barge will be located approximately 800 

feet off of Angel Island in position 37° 

51′20.0′′ N, 122° 26′43.0′′ W. 

The effect of the temporary safety 

zone will be to restrict general 

navigation in the vicinity of the 

fireworks barge while the fireworks are 

loaded at Pier 50, during the transit of 

the fireworks barge, and until the 

conclusion of the scheduled display. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the safety zone. This safety zone is 

needed to keep spectators and vessels a 

safe distance away from the fireworks 

barge to ensure the safety of 

participants, spectators, and transiting 

vessels. 

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. 

Although this rule restricts access to 

the waters encompassed by the safety 

zone, the effect of this rule will not be 

significant because the local waterway 

users will be notified via public 

broadcast notice to mariners to ensure 

the safety zone will result in minimum 

impact. The entities most likely to be 


cprice-sewell on PROD1PC66 with RULES
20944 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 

affected are pleasure craft engaged in 

recreational activities. 

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 is not 

expected to have a significant economic 

impact on a substantial number of 

entities, some of which may be small 

entities. This rule may affect owners 

and operators of pleasure craft engaged 

in recreational activities and 

sightseeing. This rule will not have a 

significant economic impact on a 

substantial number of small entities for 

several reasons: (i) Vessel traffic can 

pass safely around the area, (ii) vessels 

engaged in recreational activities and 

sightseeing have ample space outside of 

the effected portion of San Francisco 

Bay to engage in these activities, (iii) 

this rule will encompass only a small 

portion of the waterway for a limited 

period of time, and (iv) the maritime 

public will be advised in advance of this 

safety zone via public notice to 

mariners. 

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. If the rule will affect your small 

business, organization, or government 

jurisdiction and you have questions 

concerning its provisions, options for 

compliance, or assistance in 

understanding this rule, please contact 

Ensign Sheral Richardson, U.S. Coast 

Guard Sector San Francisco, at (415) 

556–2950 ext. 140. 

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 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 

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 create 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 

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. 

Paragraph (34)(g) is applicable because 

this rule establishes a safety zone. A 

final ‘‘Environmental Analysis Check 

List’’ and a final ‘‘Categorical Exclusion 

Determination’’ will be available in the 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 20945 

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. 

■ 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. Add temporary § 165–T11–181 to 

read as follows: 

§ 165–T11–181 Safety Zone; Kimmelman’s 

Wedding Party Fireworks Display, San 

Francisco Bay, CA 

(a) Location. This safety zone is 

established for the waters of San 

Francisco Bay near Angel Island 

surrounding a barge used as the launch 

platform for a fireworks display to be 

held during the Kimmelman’s Wedding 

Celebration. During the loading of the 

fireworks barge, during the transit of the 

fireworks barge to the display location, 

and until fifteen minutes prior to the 

start of the fireworks display, the safety 

zone will encompass the navigable 

waters around and under the fireworks 

barge within a radius of 100 feet. During 

the 15 minutes preceding the fireworks 

display and during the 5-minute 

fireworks display itself, the safety zone 

increases in size to encompass the 

navigable waters around and under the 

fireworks launch barge within a radius 

of 800 feet. Loading of the pyrotechnics 

onto the fireworks barge is scheduled to 

commence at 1 p.m. on April 28, 2007, 

and will take place at Pier 50 in San 

Francisco. Towing of the barge from Pier 

50 to the display location is scheduled 

to take place between 1 p.m. and 4 p.m. 

on April 28, 2007. During the fireworks 

display, scheduled to start at 

approximately 9:30 p.m. on April 28, 

2007, the barge will be located 

approximately 800 feet off of Angel 

Island in position 37° 51′20.0′′ N, 122° 

26′43.0′′ W. 

(b) Effective Dates. This section is 

effective from 1 p.m. to 9:35 p.m. on 

April 28, 2007. If the event concludes 

prior to the scheduled termination time, 

the Coast Guard will cease enforcement 

of this safety zone and will announce 

that fact via Broadcast Notice to 

Mariners. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transit through, or 

anchoring within this safety zone by all 

vessels and persons is prohibited, 

unless specifically authorized by the 

Captain of the Port San Francisco, or his 

designated representative. 

(d) Enforcement. All persons and 

vessels shall comply with the 

instructions of the Coast Guard Captain 

of the Port, or the designated on-scene 

patrol personnel. Patrol personnel can 

be comprised of commissioned, warrant, 

and petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of this safety zone by local 

law enforcement as necessary. 

Dated: April 10, 2007. 

W.J. Uberti, 

Captain, U.S. Coast Guard Captain of the 

Port, San Francisco. 

[FR Doc. E7–7946 Filed 4–26–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0155; FRL–8305–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Approval of Revision To Rescind 

Portions of the Ohio Transportation 

Conformity Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a January 31, 

2007, request from Ohio for a State 

Implementation Plan (SIP) revision of 

the State transportation conformity 

regulations. Ohio held a public hearing 

on these revisions on September 21, 

2006. These revisions rescind the 

portion of the state transportation 

conformity regulations which are no 

longer consistent with the Federal 

transportation conformity regulations. 

The rescission of the State regulations 

will allow the Federal transportation 

conformity regulations to govern 

transportation conformity 

determinations in Ohio. 

DATES: This direct final rule will be 

effective June 26, 2007, unless EPA 

receives written adverse comments by 

May 29, 2007. If written adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2007–0155, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007–

0155. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 


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