20726 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

the second amendatory instruction, the 

wrong section number was used in the 

section heading. This document corrects 

that incorrect section number. 

DATES: This rule is effective May 16, 

2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lieberum, Seventh Coast Guard 

District, Bridge Branch, telephone 

number 305–415–6744. 

SUPPLEMENTARY INFORMATION: In the 

final rule, published on April 16, 2007, 

(72 FR 18885), the Coast Guard changed 

the operating schedule of the Venetian 

Causeway (West) Drawbridge, Atlantic 

Intracoastal Waterway, Mile 1088.6, and 

Venetian Causeway (East) Drawbridge, 

Biscayne Bay, Miami, Miami-Dade 

County, FL. In the second amendatory 

instruction, the amendatory instruction 

directs a revision to § 117.261, however, 

in the heading to the section being 

revised, the section number is listed as 

§ 117.287, even though the heading used 

is that listed for § 117.261 (Atlantic 

Intracoastal Waterway from St. Mary’s 

to Key Largo). This correction fixes the 

error in the section number listed in the 

section heading. 

PART 117—[CORRECTED] 

■ In FR Doc. E7–7157 published on 

April 16, 2007, (72 FR 18885), make the 

following correction. On page 18886, in 

the third column, change the section 

heading under amendatory instruction 2 

to read as follows: 

§ 117.261 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

Dated: April 19, 2007. 

Steve Venckus, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. E7–7949 Filed 4–25–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–015] 

RIN 1625–AA00 

Safety Zone; Port Pirate Festival 

Fireworks, Port Washington Harbor, 

Port Washington, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

Port Washington Harbor, Port 

Washington, WI. This zone is intended 

to restrict vessels from a portion of Port 

Washington Harbor and Lake Michigan 

during the Port Pirate Festival 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 8 p.m. 

to 11 p.m. (local) on June 2, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD09–07–

015 and are available for inspection or 

copying at U.S. Coast Guard Sector Lake 

Michigan, 2420 South Lincoln Memorial 

Drive, Milwaukee, Wisconsin 53207, 

between 8:30 a.m. (local) and 3:00 p.m. 

(local), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Chief Warrant Officer Brad Hinken, U.S. 

Coast Guard Sector Lake Michigan, 

Prevention Department, 2420 South 

Lincoln Memorial Drive, Milwaukee, 

Wisconsin 53207, (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 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 Lake Michigan has 

determined fireworks 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, 

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 Port Pirate Festival 

fireworks display. The fireworks display 

will occur between 8 p.m. (local) and 11 

p.m. (local) on June 2, 2007. 

The safety zone for the fireworks will 

encompass all waters of Port 

Washington Harbor and Lake Michigan 

within the arc of a circle with a 1000- 

foot radius from the fireworks launch 

site located in position 43°23′07′′ N, 

087°51′54′′ 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. 

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 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. 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20727 

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 Port Washington Harbor at 

Port Washington, WI, between 8 p.m. 

(local) and 11 p.m. (local) on June 2, 

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 three 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 (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). 

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 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, 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’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 


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20728 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

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 § 165.T09–015 to read as 

follows: 

§ 165.T09–015 Safety zone; Port Pirate 

Festival Fireworks, Port Washington 

Harbor, Port Washington, WI. 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Port Washington Harbor and Lake 

Michigan within the arc of a circle with 

a 1000-foot radius from the fireworks 

launch site located in position 43°23′07′′ 

N, 087°51′54′′ W (NAD 83). 

(b) Effective period. This regulation is 

effective from 8 p.m. to 11 p.m. (local), 

on June 2, 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: April 17, 2007. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E7–7948 Filed 4–25–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0568; FRL–8305–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Albuquerque/Bernalillo 

County; Prevention of Significant 

Deterioration (PSD) and New Source 

Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to the State Implementation 

Plan (SIP) for the Albuquerque/ 

Bernalillo County, New Mexico, area 

that were adopted on December 14, 

2005, and submitted to EPA by the 

Governor of New Mexico on May 24, 

2006. The SIP revisions modify the PSD 

and Nonattainment New Source Review 

(NNSR) regulations in the SIP. They 

were submitted to make the area’s PSD 

and NNSR rules consistent with the 

Federal PSD and NNSR revised 

regulations, which were promulgated by 

EPA on December 31, 2002, (67 FR 

80186), and reconsidered with minor 

changes on November 7, 2003, (68 FR 

63021), (collectively, the ‘‘2002 New 

Source Review (NSR) Reform rules’’). 

The revisions include provisions for 

baseline emissions calculations, an 

actual-to-projected-actual methodology 

for calculating emissions changes, 

options for plantwide applicability 

limits, and recordkeeping and reporting 

requirements. The EPA is approving 

these revisions pursuant to section 110, 

part C, and part D of the Federal Clean 

Air Act. 

DATES: This final rule is effective on 

May 29, 2007. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R06–OAR–2006–0568. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business information 

or other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

Albuquerque Environmental Health 

Department, Air Pollution Control 

Division, One Civic Plaza, Albuquerque, 

New Mexico 87103. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

(214) 665–7263; or e-mail address 

spruiell.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, any 

reference to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ means 

EPA. 

Outline 

I. What Action Is EPA Taking? 

II. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

The EPA is taking final action to 

approve the SIP revisions that the 

Governor of New Mexico submitted May 

24, 2006. This submittal consists of 

revisions to two regulations that are 

already part of the Albuquerque/ 

Bernalillo County SIP. The affected 

regulations are: 20.22.60 New Mexico 

Administrative Code (NMAC) 

(Permitting in Nonattainment Areas) 

and 20.22.61 NMAC (Prevention of 

Significant Deterioration). These 

revisions update the Albuquerque/ 

Bernalillo County Air Quality Control 

Board (AQCB) NNSR and PSD 

regulations to ensure that the 

regulations are consistent with the 2002 

New Source Review Reform Rules. 

The SIP revision also includes other 

non-substantive changes to AQCB’s PSD 

and NNSR rules needed to update the 

regulatory citations, make clarifying 

revisions to the regulatory text, correct 

typographical errors, and ensure that the 

regulations are consistent with all 


pwalker on PROD1PC71 with RULES