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Federal Register / Vol. 72, No.

207 / Friday, October 26, 2007 / Rules and Regulations 60779

amount of each penalty was determined; Zone is needed to protect divers, an NPRM and delaying its effective date
and vessels, and tows from destruction, loss, would be contrary to public interest
(ii) Inform the person of the following: or injury from salvage operations to since immediate action is needed to
(A) Payment of a civil penalty remove a crane from beneath the Long- protect divers, vessels, and mariners
imposed by the Final Notice of Allen Fixed Bridge, and to facilitate from the hazards associated with
Assessment must be made within 30 compliance with a court approved salvage operations in the area, and to
days of the date of the notice; Consent Judgment whereby the crane facilitate compliance with the court
(B) Payment of a civil penalty must be removed prior to December 1, approved Consent Judgment whereby
imposed by the Final Notice of 2007. the salvage operation must be
Assessment shall be paid by EFT in DATES: This rule is effective from 6 a.m. concluded by 1 December 2007.
accordance with instructions provided on October 29, 2007 until 6 p.m. on
in the notice, unless the assessing Background and Purpose
November 11, 2007.
official has given written approval to ADDRESSES: Documents indicated in this Due to an allision with the Long-Allen
have payment made by other means; preamble as being available in the fixed bridge, a crane was lost from a
(C) If payment of a civil penalty docket are part of COTP Morgan City- barge into the Morgan City-Port Allen
imposed by the Final Notice of 07–018 and are available for inspection Alternate Route. Salvage operations will
Assessment has been suspended on the or copying at Marine Safety Unit be conducted in the vicinity of the
condition that the person comply in the Morgan City, 800 David Drive, Morgan Long-Allen Fixed bridge to recover the
future with 31 U.S.C. 333 and this City, Louisiana, 70380 between 8 a.m. crane. The Morgan City-Port Allen
subpart, the failure by the person to so and 4 p.m., Monday through Friday, Alternate Route will be closed to marine
comply will make the civil penalty except Federal holidays. traffic during salvage operations. This
payable on demand; Safety Zone is needed to protect divers,
(D) If a civil penalty is not paid within vessels, and tows from destruction, loss
Lieutenant Commander (LCDR) Rick
30 days of the date of the Final Notice or injury from the dangers associated
Paciorka, Marine Safety Unit Morgan
of Assessment (or on demand under with the salvage operations, and to
City, at (985) 380–5320.
paragraph (c)(3)(ii)(D) of this section), a facilitate compliance with a court
civil action to collect the penalty or approved Consent Judgment whereby
enforce compliance may be commenced Regulatory Information the salvage operation must be
at any time within two years of the date We did not publish a notice of concluded by 1 December 2007.
of the Final Notice of Assessment; and proposed rulemaking (NPRM) for this
(E) Any civil penalty imposed by the Discussion of Rule
regulation. Under 5 U.S.C. 553(b)(B), the The Coast Guard is establishing a
Final Notice of Assessment may be Coast Guard finds that good cause exists
subject to judicial review in accordance temporary Safety Zone on the Morgan
for not publishing an NPRM, and under City-Port Allen Alternate Route, from
with 5 U.S.C. 701 et seq. 5 U.S.C. 553(d)(3), good cause exists for Mile Marker 0.5 to Mile Marker 1.0,
§ 92.18 Judicial review. making this rule effective less than 30 bank to bank. The temporary Safety
A Final Notice of Assessment issued days after publication in the Federal Zone will continue in effect until the
under the procedures in this subpart Register. Establishment of this safety salvage operations are complete. Vessels
may be subject to judicial review zone is required to comply with a and tows may not enter this zone while
pursuant to 5 U.S.C. 701 et seq. Consent Judgment approved by the salvage operations are taking place. This
Honorable Kurt D. Engelhardt, U.S. rule is effective from 6 a.m. on October
Dated: October 22, 2007. District Judge, in his order dated May
Edmund C. Moy, 29, 2007 until 6 p.m. on November 11,
17, 2007. Pursuant to his Order, the 2007.
Director, United States Mint. Consent Judgment between Jefferson
[FR Doc. E7–21132 Filed 10–25–07; 8:45 am] Marine Towing Inc., et al and the Regulatory Evaluation
BILLING CODE 4810–02–P United States requires the crane to be This rule is not a ‘‘significant
removed by Jefferson Marine not later regulatory action’’ under section 3(f) of
than 1 December 2007. In order to effect Executive Order 12866, Regulatory
DEPARTMENT OF HOMELAND the Consent Judgment’s court approved Planning and Review, and does not
SECURITY deadline, the U.S. Army Corps of require an assessment of potential costs
Engineers (ACOE), the U.S. Coast Guard, and benefits under section 6(a)(3) of that
Coast Guard and Jefferson Marine met to discuss the Order. The Office of Management and
parameters of a salvage plan. This plan Budget has not reviewed it under that
33 CFR Part 165 was preliminarily approved on 29 Order.
[Docket No. COTP Morgan City—07–018] August 2007. The preliminary plan This rule will only be in effect for a
projected salvage operations beginning 14 day period of time and notifications
RIN 1625—AA00 on 17 September 2007. Given the to the marine community will be made
potential impact on the public and through broadcast notice to mariners.
Safety Zone; Morgan City-Port Allen industry of this near term major
Alternate Route, Mile Marker 0.5 to Mile The impacts on routine navigation are
waterway closure, the Coast Guard and expected to be moderate to great.
Marker 1.0, Bank to Bank the ACOE negotiated a later date Vessels may continue to transit through
AGENCY: Coast Guard, DHS. beginning 29 October 2007. This later alternate routes to their destinations.
ACTION: Temporary final rule. date allowed for transit planning that
accommodates the vast majority of fall Small Entities
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SUMMARY: The Coast Guard is harvest barge movement while still Under the Regulatory Flexibility Act
establishing a temporary Safety Zone on allowing for completion of the salvage (5 U.S.C. 601—612), we have considered
the Morgan City-Port Allen Alternate work by the court ordered deadline. The whether this rule would have a
Route, from Mile Marker 0.5 to Mile 29 October date was tentatively agreed significant economic impact on a
Marker 1.0, bank to bank. This Safety upon on 13 September 2007. Publishing 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 determined that it does not have has not designated it as significant
small businesses, not-for-profit implications for federalism. energy action. Therefore, it does not
organizations that are independently require a Statement of Energy Effects
Unfunded Mandates Reform Act
owned and operated and are not under Executive Order 13211.
dominant in their fields, and The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Environment
governmental jurisdictions with
populations of less than 50,000. Federal agencies to assess the effects of We have analyzed this rule under
The Coast Guard certifies under 5 their discretionary regulatory actions. In Commandant Instruction M16475.1D,
U.S.C. 605 (b) that this rule will not particular, the Act addresses actions which guides the Coast Guard in
have a significant economic impact on that may result in the expenditure by a complying with the National
a substantial number of small entities. State, local, or tribal government, in the Environmental Policy Act of 1969
This rule will affect the following aggregate, or by the private sector of (NEPA) (42 U.S.C. 4321–4370f), and
entities, some of which may be small $100,000,000 or more in any one year. have concluded that there are no factors
entities: the owners or operators of Though this rule will not result in such in this case that would limit the use of
vessels intending to transit through the expenditure, we do discuss the effects of a categorical exclusion under section
Safety Zone from 6 a.m. CDT on October this rule elsewhere in this preamble. 2.B.2 of the Instruction. Therefore, this
29, 2007 until 6 p.m. CST on November rule is categorically excluded, under
Taking of Private Property
11, 2007. This Safety Zone will not have figure 2–1, paragraph (34)(g), of the
a significant economic impact on a This rule will not effect a taking of Instruction, from further environmental
substantial number of small entities private property or otherwise have documentation because this rule is not
because this rule will be in effect for a taking implications under Executive expected to result in any significant
14 day period of time. Additionally, Order 12630, Governmental Actions and adverse environmental impact as
vessels may continue to transit through Interference with Constitutionally described in NEPA.
alternate routes to their destinations. Protected Property Rights. Under figure 2–1, paragraph (34)(g), of
If you are a small business entity and Civil Justice Reform the Instruction, an ‘‘Environmental
are significantly affected by this Analysis Check List’’ and a ‘‘Categorical
This rule meets applicable standards Exclusion Determination’’ are not
regulation, please contact LCDR Rick in sections 3(a) and 3(b)(2) of Executive
Paciorka, Marine Safety Unit Morgan required for this rule.
Order 12988, Civil Justice Reform, to
City, at (985) 380–5320. minimize litigation, eliminate List of Subjects in 33 CFR Part 165
Assistance for Small Entities ambiguity, and reduce burden. Harbors, Marine safety, Navigation
Under section 213(a) of the Small Protection of Children (water), Reporting and recordkeeping
Business Regulatory Enforcement requirements, Security measures,
We have analyzed this rule under Waterways.
Fairness Act of 1996 (Pub. L. 104–121), Executive Order 13045, Protection of
we offered to assist small entities in ■ For the reasons discussed in the
Children from Environmental Health
understanding the rule so they could preamble, the Coast Guard amends 33
Risks and Safety Risks. This rule is not
better evaluate its effects on them and CFR part 165 as follows:
an economically significant rule and
participate in the rulemaking process. does not create an environmental risk to PART 165—REGULATED NAVIGATION
Small businesses may send comments health or risk to safety that may AREAS AND LIMITED ACCESS AREAS
on the actions of Federal employees disproportionately affect children.
who enforce, or otherwise determine ■ 1. The authority citation for part 165
compliance with, Federal regulations to Indian Tribal Governments continues to read as follows:
the Small Business and Agriculture This rule does not have tribal Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Regulatory Enforcement Ombudsman implications under Executive Order Chapter 701; 50 U.S.C. 191, 195; 33 CFR
and the Regional Small Business 13175, Consultation and Coordination 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
Regulatory Fairness Boards. The with Indian Tribal Governments, 107–295, 116 Stat. 2064; Department of
Ombudsman evaluates these actions because it does not have a substantial Homeland Security Delegation No. 0170.1.
annually and rates each agency’s direct effect on one or more Indian ■ 2. A new temporary § 165.T08–018 is
responsiveness to small business. If you tribes, on the relationship between the added to read as follows:
wish to comment on actions by Federal Government and Indian tribes,
employees of the Coast Guard, call or on the distribution of power and § 165.T08–018 Safety Zone; Morgan City-
1–888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Port Allen Alternate Route, from Mile Marker
Government and Indian tribes. 0.5 to Mile Marker 1.0, bank to bank.
Collection of Information
(a) Enforcement Areas. Morgan City-
This rule calls for no new collection Energy Effects Port Allen Alternate Route, from Mile
of information under the Paperwork We have analyzed this rule under Marker 0.5 to Mile Marker 1.0, bank to
Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions bank.
3520). Concerning Regulations That (b) Effective date. This section is
Significantly Affect Energy Supply, effective from 6 a.m. on October 29,
Distribution, or Use. We have 2007 until 6 p.m. on November 11,
A rule has implications for federalism determined that it is not a ‘‘significant 2007.
under Executive Order 13132, energy action’’ under that Order because (c) Regulations. (1) In accordance with
Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ the general regulations in § 165.33 of
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effect on State or local governments and under Executive Order 12866 and is not this part, entry into this zone is
would either preempt State law or likely to have a significant adverse effect prohibited unless authorized by the
impose a substantial direct cost of on the supply, distribution, or use of Captain of the Port Morgan City.
compliance on them. We have analyzed energy. The Administrator of the Office (2) Vessels requiring entry into or
this rule under that Order and have of Information and Regulatory Affairs 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 2. E-mail: mooney.john@epa.gov. material, such as copyrighted material,
the Port Morgan City, or a designated 3. Fax: (312) 886–5824. will be publicly available only in hard
representative. They may be contacted 4. Mail: John M. Mooney, Chief, copy. Publicly available docket
on VHF Channel 11, or by telephone at Criteria Pollutant Section, Air Programs materials are available either
(985) 380–5320. Branch (AR–18J), U.S. Environmental electronically in http://
(3) All persons and vessels shall Protection Agency, 77 West Jackson www.regulations.gov or in hard copy at
comply with the instructions of the Boulevard, Chicago, Illinois 60604. the Environmental Protection Agency,
Captain of the Port Morgan City and 5. Hand Delivery: John M. Mooney, Region 5, Air and Radiation Division, 77
designated on-scene U.S. Coast Guard Chief, Criteria Pollutant Section, Air West Jackson Boulevard, Chicago,
patrol personnel. On-scene U.S. Coast Programs Branch (AR–18J), U.S. Illinois 60604. This Facility is open
Guard patrol personnel include Environmental Protection Agency, 77 from 8:30 a.m. to 4:30 p.m., Monday
commissioned, warrant, and petty West Jackson Boulevard, Chicago, through Friday, excluding legal
officers of the U.S. Coast Guard. Illinois 60604. Such deliveries are only holidays. We recommend that you
accepted during the Regional Office telephone Douglas Aburano,
Dated: October 23, 2007.
normal hours of operation, and special Environmental Engineer, at (312) 353–
J. Scott Paradis, arrangements should be made for
Captain, U.S. Coast Guard, Captain of the
6960 before visiting the Region 5 office.
deliveries of boxed information. The
Port Morgan City. Regional Office official hours of FOR FURTHER INFORMATION CONTACT:
[FR Doc. 07–5354 Filed 10–24–07; 1:09 pm] business are Monday through Friday, Douglas Aburano, Environmental
BILLING CODE 4910–15–P 8:30 a.m. to 4:30 p.m. excluding Federal Engineer, Criteria Pollutant Section, Air
holidays. Programs Branch (AR–18J),
Instructions: Direct your comments to Environmental Protection Agency,
ENVIRONMENTAL PROTECTION Docket ID No. EPA–R05–OAR–2007– Region 5, 77 West Jackson Boulevard,
AGENCY 0192. EPA’s policy is that all comments Chicago, Illinois 60604, (312) 353–6960,
received will be included in the public aburano.douglas@epa.gov.
40 CFR Part 52 docket without change and may be
[EPA–R05–OAR–2007–0192; FRL–8486–6]
made available online at http://
www.regulations.gov, including any Throughout this document whenever
personal information provided, unless ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Approval and Promulgation of Air EPA. This supplementary information
Quality Implementation Plans; the comment includes information
claimed to be Confidential Business section is arranged as follows:
Michigan; Consumer Products Rule
Information (CBI) or other information I. Background
AGENCY: Environmental Protection whose disclosure is restricted by statute. A. When did the State submit the
Agency (EPA). Do not submit information that you requested rule revisions to EPA?
ACTION: Direct final rule. consider to be CBI or otherwise B. Did Michigan hold public hearings for
each of these rule revisions?
protected through http:// II. What are the revisions that the State is
SUMMARY: EPA is approving a request
www.regulations.gov or e-mail. The requesting for incorporation into the SIP?
submitted by the Michigan Department http://www.regulations.gov Web site is
of Environmental Quality (MDEQ) on A. Standards for Volatile Organic
an ‘‘anonymous access’’ system, which Compounds Emissions from Consumer
February 13, 2007, to revise the means EPA will not know your identity Products
Michigan State Implementation Plan or contact information unless you B. Definitions for Consumer Products
(SIP). The state has requested approval provide it in the body of your comment. III. What action is EPA taking?
of two rules in two areas of Part 6, If you send an e-mail comment directly IV. Statutory and Executive Order Reviews
Emission Limitations and Prohibitions- to EPA without going through http://
Existing Sources of Volatile Organic I. Background
www.regulations.gov your e-mail
Compound (VOC) Emissions by adding address will be automatically captured A. When did the State submit the
R 336.1660, Standards for VOC and included as part of the comment requested rule revisions to EPA?
Emissions from Consumer Products, by that is placed in the public docket and
adopting by reference the Ozone MDEQ submitted the requested rule
made available on the Internet. If you
Transport Commission’s Model Rule revisions on February 13, 2007.
submit an electronic comment, EPA
with some modifications, and adding R recommends that you include your B. Did Michigan hold public hearings
336.1661, Definitions for Consumer name and other contact information in for each of these rule revisions?
Products, to define VOC. the body of your comment and with any
DATES: This direct final rule will be disk or CD–ROM you submit. If EPA MDEQ held hearings on July 10, 2006
effective December 26, 2007, unless EPA cannot read your comment due to and August 17, 2006, and did not
receives adverse comments by technical difficulties and cannot contact receive any adverse comments.
November 26, 2007. If adverse you for clarification, EPA may not be II. What are the revisions that the State
comments are received, EPA will able to consider your comment. is requesting for incorporation into the
publish a timely withdrawal of the Electronic files should avoid the use of SIP?
direct final rule in the Federal Register special characters, any form of
informing the public that the rule will encryption, and be free of any defects or The State has requested the following
not take effect. viruses. revisions in Part 6, Emission Limitations
ADDRESSES: Submit your comments, Docket: All documents in the docket and Prohibitions—Existing Sources of
identified by Docket ID No. EPA–R05– are listed in the http:// VOC Emissions: (1) Changes to R
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OAR–2007–0192, by one of the www.regulations.gov index. Although 336.1660, Standards for VOC Emissions
following methods: listed in the index, some information is from Consumer Products; and (2)
1. http://www.regulations.gov: Follow not publicly available, e.g., CBI or other changes to R 336.1661, Definitions for
the on-line instructions for submitting information whose disclosure is Consumer Products. The revisions are
comments. restricted by statute. Certain other described in more detail below.

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