Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations 60779 

amount of each penalty was determined; 

and 

(ii) Inform the person of the following: 

(A) Payment of a civil penalty 

imposed by the Final Notice of 

Assessment must be made within 30 

days of the date of the notice; 

(B) Payment of a civil penalty 

imposed by the Final Notice of 

Assessment shall be paid by EFT in 

accordance with instructions provided 

in the notice, unless the assessing 

official has given written approval to 

have payment made by other means; 

(C) If payment of a civil penalty 

imposed by the Final Notice of 

Assessment has been suspended on the 

condition that the person comply in the 

future with 31 U.S.C. 333 and this 

subpart, the failure by the person to so 

comply will make the civil penalty 

payable on demand; 

(D) If a civil penalty is not paid within 

30 days of the date of the Final Notice 

of Assessment (or on demand under 

paragraph (c)(3)(ii)(D) of this section), a 

civil action to collect the penalty or 

enforce compliance may be commenced 

at any time within two years of the date 

of the Final Notice of Assessment; and 

(E) Any civil penalty imposed by the 

Final Notice of Assessment may be 

subject to judicial review in accordance 

with 5 U.S.C. 701 et seq. 

§ 92.18 Judicial review. 

A Final Notice of Assessment issued 

under the procedures in this subpart 

may be subject to judicial review 

pursuant to 5 U.S.C. 701 et seq. 

Dated: October 22, 2007. 

Edmund C. Moy, 

Director, United States Mint. 

[FR Doc. E7–21132 Filed 10–25–07; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. COTP Morgan City—07–018] 

RIN 1625—AA00 

Safety Zone; Morgan City-Port Allen 

Alternate Route, Mile Marker 0.5 to Mile 

Marker 1.0, Bank to Bank 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary Safety Zone on 

the Morgan City-Port Allen Alternate 

Route, from Mile Marker 0.5 to Mile 

Marker 1.0, bank to bank. This Safety 

Zone is needed to protect divers, 

vessels, and tows from destruction, loss, 

or injury from salvage operations to 

remove a crane from beneath the LongAllen Fixed Bridge, and to facilitate 

compliance with a court approved 

Consent Judgment whereby the crane 

must be removed prior to December 1, 

2007. 

DATES: This rule is effective from 6 a.m. 

on October 29, 2007 until 6 p.m. on 

November 11, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of COTP Morgan City07–018 and are available for inspection 

or copying at Marine Safety Unit 

Morgan City, 800 David Drive, Morgan 

City, Louisiana, 70380 between 8 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander (LCDR) Rick 

Paciorka, Marine Safety Unit Morgan 

City, at (985) 380–5320. 

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, and 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. Establishment of this safety 

zone is required to comply with a 

Consent Judgment approved by the 

Honorable Kurt D. Engelhardt, U.S. 

District Judge, in his order dated May 

17, 2007. Pursuant to his Order, the 

Consent Judgment between Jefferson 

Marine Towing Inc., et al and the 

United States requires the crane to be 

removed by Jefferson Marine not later 

than 1 December 2007. In order to effect 

the Consent Judgment’s court approved 

deadline, the U.S. Army Corps of 

Engineers (ACOE), the U.S. Coast Guard, 

and Jefferson Marine met to discuss the 

parameters of a salvage plan. This plan 

was preliminarily approved on 29 

August 2007. The preliminary plan 

projected salvage operations beginning 

on 17 September 2007. Given the 

potential impact on the public and 

industry of this near term major 

waterway closure, the Coast Guard and 

the ACOE negotiated a later date 

beginning 29 October 2007. This later 

date allowed for transit planning that 

accommodates the vast majority of fall 

harvest barge movement while still 

allowing for completion of the salvage 

work by the court ordered deadline. The 

29 October date was tentatively agreed 

upon on 13 September 2007. Publishing 

an NPRM and delaying its effective date 

would be contrary to public interest 

since immediate action is needed to 

protect divers, vessels, and mariners 

from the hazards associated with 

salvage operations in the area, and to 

facilitate compliance with the court 

approved Consent Judgment whereby 

the salvage operation must be 

concluded by 1 December 2007. 

Background and Purpose 

Due to an allision with the Long-Allen 

fixed bridge, a crane was lost from a 

barge into the Morgan City-Port Allen 

Alternate Route. Salvage operations will 

be conducted in the vicinity of the 

Long-Allen Fixed bridge to recover the 

crane. The Morgan City-Port Allen 

Alternate Route will be closed to marine 

traffic during salvage operations. This 

Safety Zone is needed to protect divers, 

vessels, and tows from destruction, loss 

or injury from the dangers associated 

with the salvage operations, and to 

facilitate compliance with a court 

approved Consent Judgment whereby 

the salvage operation must be 

concluded by 1 December 2007. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary Safety Zone on the Morgan 

City-Port Allen Alternate Route, from 

Mile Marker 0.5 to Mile Marker 1.0, 

bank to bank. The temporary Safety 

Zone will continue in effect until the 

salvage operations are complete. Vessels 

and tows may not enter this zone while 

salvage operations are taking place. This 

rule is effective from 6 a.m. on October 

29, 2007 until 6 p.m. on November 11, 

2007. 

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 rule will only be in effect for a 

14 day period of time and notifications 

to the marine community will be made 

through broadcast notice to mariners. 

The impacts on routine navigation are 

expected to be moderate to great. 

Vessels may continue to transit through 

alternate routes to their destinations. 

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. 


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60780 Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations 

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 or operators of 

vessels intending to transit through the 

Safety Zone from 6 a.m. CDT on October 

29, 2007 until 6 p.m. CST on November 

11, 2007. This Safety Zone will not have 

a significant economic impact on a 

substantial number of small entities 

because this rule will be in effect for a 

14 day period of time. Additionally, 

vessels may continue to transit through 

alternate routes to their destinations. 

If you are a small business entity and 

are significantly affected by this 

regulation, please contact LCDR Rick 

Paciorka, Marine Safety Unit Morgan 

City, at (985) 380–5320. 

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 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 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 significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

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)(g), of the 

Instruction, from further environmental 

documentation because this rule is not 

expected to result in any significant 

adverse environmental impact as 

described in NEPA. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

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, 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.T08–018 is 

added to read as follows: 

§ 165.T08–018 Safety Zone; Morgan CityPort Allen Alternate Route, from Mile Marker 

0.5 to Mile Marker 1.0, bank to bank. 

(a) Enforcement Areas. Morgan CityPort Allen Alternate Route, from Mile 

Marker 0.5 to Mile Marker 1.0, bank to 

bank. 

(b) Effective date. This section is 

effective from 6 a.m. on October 29, 

2007 until 6 p.m. on November 11, 

2007. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Morgan City. 

(2) Vessels requiring entry into or 

passage through the Safety Zone must 


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Federal Register / Vol. 72, No. 207 / Friday, October 26, 2007 / Rules and Regulations 60781 

request permission from the Captain of 

the Port Morgan City, or a designated 

representative. They may be contacted 

on VHF Channel 11, or by telephone at 

(985) 380–5320. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Morgan City and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: October 23, 2007. 

J. Scott Paradis, 

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

Port Morgan City. 

[FR Doc. 07–5354 Filed 10–24–07; 1:09 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0192; FRL–8486–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; Consumer Products Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Michigan Department 

of Environmental Quality (MDEQ) on 

February 13, 2007, to revise the 

Michigan State Implementation Plan 

(SIP). The state has requested approval 

of two rules in two areas of Part 6, 

Emission Limitations and ProhibitionsExisting Sources of Volatile Organic 

Compound (VOC) Emissions by adding 

R 336.1660, Standards for VOC 

Emissions from Consumer Products, by 

adopting by reference the Ozone 

Transport Commission’s Model Rule 

with some modifications, and adding R 

336.1661, Definitions for Consumer 

Products, to define VOC. 

DATES: This direct final rule will be 

effective December 26, 2007, unless EPA 

receives adverse comments by 

November 26, 2007. If 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–2007–0192, by one of the 

following methods: 

1. http://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–

0192. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

www.regulations.gov your e-mail 

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 comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Douglas Aburano, 

Environmental Engineer, at (312) 353–

6960 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Aburano, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6960, 

aburano.douglas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. When did the State submit the 

requested rule revisions to EPA? 

B. Did Michigan hold public hearings for 

each of these rule revisions? 

II. What are the revisions that the State is 

requesting for incorporation into the SIP? 

A. Standards for Volatile Organic 

Compounds Emissions from Consumer 

Products 

B. Definitions for Consumer Products 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

A. When did the State submit the 

requested rule revisions to EPA? 

MDEQ submitted the requested rule 

revisions on February 13, 2007. 

B. Did Michigan hold public hearings 

for each of these rule revisions? 

MDEQ held hearings on July 10, 2006 

and August 17, 2006, and did not 

receive any adverse comments. 

II. What are the revisions that the State 

is requesting for incorporation into the 

SIP? 

The State has requested the following 

revisions in Part 6, Emission Limitations 

and Prohibitions—Existing Sources of 

VOC Emissions: (1) Changes to R 

336.1660, Standards for VOC Emissions 

from Consumer Products; and (2) 

changes to R 336.1661, Definitions for 

Consumer Products. The revisions are 

described in more detail below. 


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