25226 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

miles above the Milwaukee Pierhead 

Light. 

(ii) Enforcement date and time. The 

third Thursday of November; 6 p.m. to 

8 p.m. 

(81) New Years Eve Fireworks; 

Chicago, IL. (i) Location. All waters of 

Monroe Harbor and Lake Michigan 

within the arc of a circle with a 1000- 

foot radius from the fireworks launch 

site located on a barge in position 

41°52′41′′ N, 087°36′37′′ W (NAD 83). 

(ii) Enforcement date and time. 

December 31; 11 p.m. to January 1; 1 

a.m. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port Lake Michigan 

to monitor this safety zone, permit entry 

into this zone, give legally enforceable 

orders to persons or vessels within this 

zones and take other actions authorized 

by the Captain of the Port. 

(2) Public vessel means vessels 

owned, chartered, or operated by the 

United States, or by a State or political 

subdivision thereof. 

(c) Regulations. (1) The general 

regulations in 33 CFR 165.23 apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or a 

designated representative. Upon being 

hailed by the U.S. Coast Guard by siren, 

radio, flashing light or other means, the 

operator of a vessel shall proceed as 

directed. 

(3) All vessels must obtain permission 

from the Captain of the Port or a 

designated representative to enter, move 

within or exit the safety zone 

established in this section when this 

safety zone is enforced. Vessels and 

persons granted permission to enter the 

safety zone shall obey all lawful orders 

or directions of the Captain of the Port 

or a designated representative. While 

within a safety zone, all vessels shall 

operate at the minimum speed 

necessary to maintain a safe course. 

(d) Suspension of Enforcement. If the 

event concludes earlier than scheduled, 

the Captain of the Port or a designated 

representative will issue a Broadcast 

Notice to Mariners notifying the public 

when enforcement of the safety zone 

established by this section is suspended. 

(e) Exemption. Public vessels as 

defined in paragraph (b) of this section 

are exempt from the requirements in 

this section. 

(f) Waiver. For any vessel, the Captain 

of the Port Lake Michigan or a 

designated representative may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of safety or environmental 

safety. 

§ 165.909 [Removed and Reserved] 

3. Remove and reserve § 165.909. 

§ 165.918 [Removed and Reserved] 

4. Remove and reserve § 165.918. 

Dated: March 12, 2007. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E7–8607 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–008] 

RIN 1625–AA00 

Safety Zone; Milwaukee Harbor, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a safety Zone in Milwaukee 

Harbor near Lakeshore State Park. This 

zone is intended to restrict vessels from 

portions of Milwaukee Harbor during 

fireworks displays. This zone is 

necessary to protect the public from the 

hazards associated with fireworks 

displays. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 4, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

Coast Guard Sector Lake Michigan 

(spw), 2420 South Lincoln Memorial 

Drive, Milwaukee, WI 53207. The Sector 

Lake Michigan Prevention Department 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

the Sector Lake Michigan Prevention 

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

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: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking [CGD09–07–008], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the Sector 

Lake Michigan Prevention Department 

at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

There are approximately twenty 

fireworks displays launched annually at 

Lakeshore State Park in Milwaukee, WI. 

The fireworks displays are sponsored 

festivals located at Henry W. Maier 

Festival Park. The fireworks displays 

impact the navigable waters of 

Milwaukee Harbor and pose a hazard to 

vessels and people. The purpose of this 

proposed rule it to establish a limited 

access area around the fireworks launch 

site to protect vessels and people from 

the hazards associated with fireworks 

displays. Such hazards include the 

explosive danger of fireworks and debris 

falling into the water that may cause 

death or serious bodily harm. 

Discussion of Proposed Rule 

The proposed safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading, and 

launching of fireworks displays at 

Lakeshore State Park in Milwaukee, WI. 

in conjunction with festivals at Henry 

W. Maier Festival Park. The proposed 

safety zone encompasses the waters of 

Lake Michigan within Milwaukee 

Harbor adjacent to the Lakeshore State 

Park and Henry W. Maier Festival Park. 

The proposed safety zone will be 

enforced only immediately before and 

during fireworks displays and only 


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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 25227 

upon notice by the Captain of the Port. 

If the event concludes prior to the 

scheduled termination time, the Coast 

Guard will cease enforcement of the 

safety zone and will announce that fact 

via Broadcast Notice to Mariners or 

Local notice to Mariners. 

The safety zone will encompass the 

waters of Lake Michigan within 

Milwaukee Harbor including the Harbor 

Island Lagoon enclosed by a line 

connecting the following points: 

beginning at 43°02′00′′ N, 087°53′53′′ W; 

then south to 43°01′44′′ N, 087°53′53′′ 

W; then east to 43°01′44′′ N, 087°53′25′′ 

W; then north to 43°02′00′′ N, 

087°53′53′′ W; then west to the point of 

origin. 

Regulatory Evaluation 

This proposed 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. 

The Coast Guard’s use of this safety 

zone will be periodic in nature and will 

likely not exceed twenty, three-hour 

events, per year. This safety zone has 

been designed to allow vessels to transit 

unrestricted to portions of the harbor 

not affected by the zone. The Coast 

Guard expects insignificant adverse 

impact to mariners from the activation 

of this zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: the owners of vessels 

intending to transits or anchor in a 

portion of Milwaukee Harbor during the 

dates and times the safety zone will be 

enforced. The safety zone would not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons. This rule 

would be in effect for only 3 hours each 

time the safety zone is implemented. 

Vessel traffic can safely pass around the 

safety zone. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact CWO Brad 

Hinken, Prevention Department, Coast 

Guard Sector Lake Michigan, 

Milwaukee, WI at (414) 747–7154. 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 proposed rule would call 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 proposed 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 proposed 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 proposed rule would not effect 

the 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might 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 proposed safety zone and 

fishing rights protection need not be 

incompatible. We have also determined 

that this Proposed 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 Proposed Rule or options for 

compliance are encourage to contact the 

point of contact listed under FOR

FURTHER INFORMATION CONTACT. 

Energy Effects 

We have analyzed this proposed 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 


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25228 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 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 

proposed rule establishes a safety zone 

and as such is covered by this 

paragraph. 

A preliminary ‘‘Environmental 

Analysis Check List’’ and ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether this 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 proposes to 

amend 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 § 165.935 to read as follows: 

§ 165.935 Safety Zone, Milwaukee Harbor, 

Milwaukee WI. 

(a) Location. The following area is a 

safety zone: the waters of Lake Michigan 

within Milwaukee Harbor including the 

Harbor Island Lagoon enclosed by a line 

connecting the following points: 

Beginning at 43°02′00′′ N, 087°53′53′′ W; 

then south to 43°01′44′′ N, 087°53′53′′ 

W; then east to 43°01′44′′ N, 087°53′25′′ 

W; then north to 43°02′00′′ N, 

087°53′53′′ W; then west to the point of 

origin. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port Lake Michigan 

to monitor this safety zone, permit entry 

into this zone, give legally enforceable 

orders to persons or vessels within this 

zones and take other actions authorized 

by the Captain of the Port. 

(2) Public vessel means vessels 

owned, chartered, or operated by the 

United States, or by a State or political 

subdivision thereof. 

(c) Regulations. (1) The general 

regulations in 33 CFR 165.23 apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or a 

designated representative. Upon being 

hailed by the U.S. Coast Guard by siren, 

radio, flashing light or other means, the 

operator of a vessel shall proceed as 

directed. 

(3) All vessels must obtain permission 

from the Captain of the Port or a 

designated representative to enter, move 

within or exit the safety zone 

established in this section when this 

safety zone is enforced. Vessels and 

persons granted permission to enter the 

safety zone shall obey all lawful orders 

or directions of the Captain of the Port 

or a designated representative. While 

within a safety zone, all vessels shall 

operate at the minimum speed 

necessary to maintain a safe course. 

(d) Suspension of Enforcement. If the 

event concludes earlier than scheduled, 

the Captain of the Port or a designated 

representative will issue a Broadcast 

Notice to Mariners notifying the public 

when enforcement of the safety zone 

established by this section is suspended. 

(e) Exemption. Public vessels as 

defined in paragraph (b) of this section 

are exempt from the requirements in 

this section. 

(f) Waiver. For any vessel, the Captain 

of the Port Lake Michigan or a 

designated representative may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of safety or environmental 

safety. 

Dated: March 12, 2007. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Commander, 

Coast Guard Sector Lake Michigan. 

[FR Doc. E7–8614 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 200 

[Docket ID ED–2007–OESE–0130] 

RIN 1810–AA99 

Title I—Improving the Academic 

Achievement of the Disadvantaged 

(Subpart C—Migrant Education 

Program) 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

amend the regulations governing the 

Migrant Education Program (MEP) 

administered under Part C of Title I of 

the Elementary and Secondary 

Education Act of 1965, as amended 

(ESEA). These proposed regulations are 

needed to adjust the base amounts of the 

MEP Basic State formula grant 

allocations for fiscal year (FY) 2006 and 

subsequent years (as well as for 

supplemental MEP awards made for FY 

2005); establish requirements to 

strengthen the processes used by State 

educational agencies (SEAs) to 

determine and document the eligibility 

of migratory children under the MEP; 

and clarify procedures SEAs use to 

develop a comprehensive statewide 

needs assessment and service delivery 

plan. 

DATES: We must receive your comments 

on or before June 18, 2007. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 


cprice-sewell on DSK89S0YB1PROD with RULES