Safety Zone; 4th of July Fireworks Display, Kenosha, WI, 37822-37824 [E6-10392]
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Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Rules and Regulations
futures commission merchant or
customer pursuant to the provisions of
this section.
(d) In the event the call is issued to
a foreign broker or foreign trader, its
agent, designated pursuant to § 15.05 of
this chapter, shall, if directed, promptly
transmit calls made by the Commission
pursuant to this section by electronic
mail or a similarly expeditious means of
communication.
(e) The futures commission merchant,
introducing broker, or customer to
whom the special call is issued must
provide to the Commission the
information specified below for the
commodity, reporting market and
delivery months or option expiration
dates named in the call. Such
information shall be filed at the place
and within the time specified by the
Commission.
*
*
*
*
*
(f) If the Commission has reason to
believe that a futures commission
merchant or customer has not
responded as required to a call made
pursuant to this section, the
Commission in writing may inform the
reporting market specified in the call
and that reporting market shall prohibit
the execution of, and no futures
commission merchant, introducing
broker, or foreign broker shall accept an
order for, trades on the reporting market
and in the months or expiration dates
specified in the call for or on behalf of
the futures commission merchant or
customer named in the call, unless such
trades offset existing open contracts of
such futures commission merchant or
customer.
*
*
*
*
*
PART 37—DERIVATIVES
TRANSACTION EXECUTION
FACILITIES
31. The authority for part 37
continues to read as follows:
I
Authority: 7 U.S.C. 2, 5, 6, 6c, 6(c), 7a and
12a, as amended by Appendix E of Public
Law 106–554, 114 Stat. 2763A–365.
I
32. Revise § 37.2 to read as follows:
cprice-sewell on PROD1PC66 with RULES
§ 37.2
Exemption.
Contracts, agreements or transactions
traded on a derivatives transaction
execution facility registered as such
with the Commission under section 5a
of the Act, the facility and the facility’s
operator are exempt from all
Commission regulations for such
activity, except for the requirements of
this part 37 and:
(a) Parts 15 through 21, part 40 and
part 41 of this chapter, including any
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related definitions and cross-referenced
sections; and
(b) Sections 1.3, 1.31, 1.59(d), 1.60,
1.63(c), 33.10, and part 190 of this
chapter, including any related
definitions and cross-referenced
sections, which are applicable as though
they were set forth in this part 37 and
included specific reference to
derivatives transaction execution
facilities.
Issued in Washington, DC, on June 28,
2006, by the Commission.
Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. E6–10383 Filed 6–30–06; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–06–080]
RIN 1625–AA00
Safety Zone; 4th of July Fireworks
Display, Kenosha, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the 4th of July Fireworks Display in
Kenosha, Wisconsin. This safety zone is
necessary to safeguard vessels and
spectators from hazards associated with
fireworks displays. This rule is intended
to restrict vessel traffic from a portion of
Lake Michigan and Kenosha Harbor.
DATES: This safety zone is effective from
8:15 p.m. (local) to 10:30 p.m. on July
4, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket [CGD09–06–
080] and are available for inspection or
copying at U.S. Coast Guard Sector Lake
Michigan between 7 a.m. and 3:30 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, at
(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
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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 safety zone is necessary to
protect the public from the hazards
associated with fireworks displays.
Based on accidents that have occurred
in other Captain of the Port zones, and
the explosive hazards of fireworks, the
Captain of the Port, Sector Lake
Michigan, has determined fireworks
launches in close proximity to
watercraft pose significant risk to public
safety and property. As such, the COTP
is proposing to implement a safety zone
to ensure the safety of both participants
and spectators in these areas.
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
The Coast Guard is establishing a
safety zone on the waters of Lake
Michigan near Kenosha, Wisconsin. The
safety zone will include all waters of
Lake Michigan surrounding the
fireworks launch platform bounded by
the arc of a circle with a 560-foot radius
with its center in the approximate
position 42°35.17′ N, 087°48.27′ W
(NAD 83). Vessels assisting in the
enforcement of the Safety Zone may be
contacted on VHF–FM channels 16 or
23A.
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
E:\FR\FM\03JYR1.SGM
03JYR1
Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Rules and Regulations
the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
This determination is based upon the
size and location of the safety zone
within the waterway. Recreational
vessels may transit through the safety
zone with permission from the Captain
of the Port Lake Michigan or his
designated on-scene patrol commander.
cprice-sewell on PROD1PC66 with RULES
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.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The safety zone
will be enforced for only a few hours
per day on each day of the event and
vessel traffic can safely pass outside of
the safety zone during the event. Before
the effective period, we would issue
maritime advisories widely available to
users of the lake.
If you think 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 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 Sector Lake
Michigan (see ADDRESSES). The Coast
Guard will not retaliate against small
entities that question or complain about
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37823
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520.).
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. We
invite your comments on how this rule
might impact tribal government, even if
that impact may not constitute a ‘‘tribal
implication’’ under that Order.
Federalism
Energy Effects
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.
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.
this rule or any policy or action of the
Coast Guard.
Collection of Information
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 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
would not create an environmental risk
to health or risk to safety that might
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 would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
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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,
which guides 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.
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03JYR1
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Federal Register / Vol. 71, No. 127 / Monday, July 3, 2006 / Rules and Regulations
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are 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.
I 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:
I
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5,
Department of Homeland Security Delegation
No. 0170.
them by the Captain of the Port or his
representative.
(4) The Captain of the Port may be
contacted by telephone via the Sector
Lake Michigan Operations Center at
(414) 747–7182 during working hours.
Vessels assisting in the enforcement of
the Safety Zone may be contacted on
VHF–FM channels 16 or 23A. Vessel
operators may determine the restrictions
in effect for the safety zone by coming
alongside a vessel patrolling the
perimeter of the Safety Zone.
(5) Coast Guard Sector Lake Michigan
will issue a Marine Safety Information
Broadcast Notice to Mariners to notify
the maritime community of the Safety
Zone and restriction imposed.
Dated: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. E6–10392 Filed 6–30–06; 8:45 am]
2. A new temporary § 165.T09–080 is
added to read as follows:
BILLING CODE 4910–15–P
§ 165.T09–080 Safety Zone; 4th of July
Fireworks Display Kenosha, Wisconsin.
cprice-sewell on PROD1PC66 with RULES
I
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. The following area is a
Safety Zone:
(1) The safety zone will include all
waters of Lake Michigan surrounding
the fireworks launch platform bounded
by the arc of a circle with a 560-foot
radius with its center in the
approximate position 42°35.17′ N,
087°48.27′ W (NAD 83).
(b) Effective Dates and Times. This
safety zone is effective from 8:15 p.m.
(local) to 10:30 p.m. on July 4th, 2006.
The Captain of the Port, Sector Lake
Michigan, or the on scene Patrol
Commander may terminate this event at
anytime.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is subject
to the following requirements:
(1) This safety zone is closed to all
marine traffic, except as may be
permitted by the Captain of the Port or
his duly appointed representative.
(2) The ‘‘duly appointed
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
Lake Michigan, to act on his behalf. The
representative of the Captain of the Port
will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter
or operate within the Safety Zone shall
contact the Captain of the Port or his
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the Safety Zone
shall comply with all directions given to
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Jkt 208001
Coast Guard
33 CFR Part 165
[CGD09–06–076]
Safety Zone: Captain of the Port Sector
Lake Michigan Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
safety zones for annual fireworks
displays in the Captain of the Port
Sector Lake Michigan Zone during July
2006. This action is necessary to
provide for the safety of life and
property on navigable waters during
these events. These safety zones will
restrict vessel traffic from a portion of
the Captain of the Port Sector Lake
Michigan Zone.
DATES: Effective Dates: Effective from
12:01 a.m. (local) on July 1, 2006 to
11:59 p.m. (local) on July 31, 2006.
FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Brad Hinken,
Sector Lake Michigan, (414) 747 7154.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the permanent safety
zones in 33 CFR 100.901 (published July
1, 2005), for fireworks displays in the
Captain of the Port Sector Lake
Michigan Zone during July 2006. The
following safety zones are in effect for
fireworks displays occurring in the
month of July 2006:
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(1) Venetian Festival Fireworks
Display, St. Joseph River, Michigan.
Location: St. Joseph River, within a
1,000-foot radius of the fireworks
launching site, located at the St. Joseph
South Pier, in approximate position
42°06′48″ N 086°29′15″ W.
Enforcement Date: The Venetian
Festival Fireworks Display safety zone
will be enforced from 9 p.m. (local) to
11:30 p.m. (local) on July 15, 2006.
(2) South Haven 4th of July Fireworks,
South Haven, Michigan.
Location: Lake Michigan, Black River,
South Haven, MI within a 1000 foot
radius of the fireworks launching site
located on the North Pier, in
approximate position 42°24′08″ N
086°17′03″ W. (NAD 1902).
Enforcement Date: The South Haven
4th of July Fireworks safety zone will be
enforced from 9 p.m. (local) to 11 p.m.
(local) on July 5, 2006.
(3) Van Andel Fireworks Show,
Holland, MI.
Location: Lake Michigan, Holland
Harbor, MI, South Pier, within a 1000
foot radius of the fireworks launching
site located in approximate position
42°46′21″ N 086°12′48″ W.
Enforcement Dates: The Van Andel
Fireworks Show safety zone will be
enforced from 9 p.m. (local) to 11 p.m.
(local) on July 3, 2006 and from 9 p.m.
(local) to 11 p.m. (local) on July 4, 2006.
(4) City Fireworks, Frankfort, MI.
Location: Lake Michigan, Frankfort,
MI within a 1000 foot radius of the
fireworks launching site located on Lake
Michigan Beach in approximate
position 44°38′ N 086°14′50″ W.
Enforcement Dates: The City
Fireworks safety zone will be enforced
from 9 p.m. (local) to 11 p.m. (local) on
July 4, 2006.
(5) 4th of July Fireworks, St. Joseph,
MI.
Location: St. Joseph River, within a
1000 foot radius of the fireworks
launching site, located at the St. Joseph
South Pier, in approximate position
42°06′48″ N 086°29′15″ W.
Enforcement Dates: The 4th of July
Fireworks safety zone will be enforced
from 7 p.m. (local) to 9 p.m. (local) on
July 3, 2006.
(6) Grand Haven Area Jaycees Annual
4th of July Fireworks Display, Grand
Haven, MI.
Location: That portion of the Grand
River, Grand Haven, MI from the pier
heads (mile 0.0) to the U.S. 31 Bascule
Bridge (mile 2.89).
Enforcement Dates: The Grand Haven
Area Jaycees Annual 4th of July
Fireworks Display safety zone will be
enforced from 7 p.m. (local) to 11 p.m.
(local) on July 4, 2006.
In order to ensure the safety of
spectators and transiting vessels, these
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]]>Agencies
[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Rules and Regulations]
[Pages 37822-37824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10392]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-080]
RIN 1625-AA00
Safety Zone; 4th of July Fireworks Display, Kenosha, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the 4th of July Fireworks Display in Kenosha, Wisconsin. This safety
zone is necessary to safeguard vessels and spectators from hazards
associated with fireworks displays. This rule is intended to restrict
vessel traffic from a portion of Lake Michigan and Kenosha Harbor.
DATES: This safety zone is effective from 8:15 p.m. (local) to 10:30
p.m. on July 4, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-06-080] and are available for
inspection or copying at U.S. Coast Guard Sector Lake Michigan between
7 a.m. and 3:30 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, at (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 safety zone is necessary to protect the public from the
hazards associated with fireworks displays. Based on accidents that
have occurred in other Captain of the Port zones, and the explosive
hazards of fireworks, the Captain of the Port, Sector Lake Michigan,
has determined fireworks launches in close proximity to watercraft pose
significant risk to public safety and property. As such, the COTP is
proposing to implement a safety zone to ensure the safety of both
participants and spectators in these areas.
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
The Coast Guard is establishing a safety zone on the waters of Lake
Michigan near Kenosha, Wisconsin. The safety zone will include all
waters of Lake Michigan surrounding the fireworks launch platform
bounded by the arc of a circle with a 560-foot radius with its center
in the approximate position 42[deg]35.17' N, 087[deg]48.27' W (NAD 83).
Vessels assisting in the enforcement of the Safety Zone may be
contacted on VHF-FM channels 16 or 23A.
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. It is not ``significant'' under the
regulatory policies and procedures of
[[Page 37823]]
the Department of Homeland Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This determination is based upon the size and location of the
safety zone within the waterway. Recreational vessels may transit
through the safety zone with permission from the Captain of the Port
Lake Michigan or his designated on-scene patrol commander.
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. This safety zone will not have a significant economic impact
on a substantial number of small entities for the following reasons:
The safety zone will be enforced for only a few hours per day on each
day of the event and vessel traffic can safely pass outside of the
safety zone during the event. Before the effective period, we would
issue maritime advisories widely available to users of the lake.
If you think 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 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 Sector Lake Michigan (see
ADDRESSES). 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 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 would 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 would not create an
environmental risk to health or risk to safety that might
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 would 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. We invite your
comments on how this rule might impact tribal government, even if that
impact may not constitute a ``tribal implication'' under that Order.
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,
which guides 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.
[[Page 37824]]
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are 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.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5, Department of Homeland Security Delegation
No. 0170.
0
2. A new temporary Sec. 165.T09-080 is added to read as follows:
Sec. 165.T09-080 Safety Zone; 4th of July Fireworks Display Kenosha,
Wisconsin.
(a) Location. The following area is a Safety Zone:
(1) The safety zone will include all waters of Lake Michigan
surrounding the fireworks launch platform bounded by the arc of a
circle with a 560-foot radius with its center in the approximate
position 42[deg]35.17' N, 087[deg]48.27' W (NAD 83).
(b) Effective Dates and Times. This safety zone is effective from
8:15 p.m. (local) to 10:30 p.m. on July 4th, 2006. The Captain of the
Port, Sector Lake Michigan, or the on scene Patrol Commander may
terminate this event at anytime.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is subject to the
following requirements:
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his duly appointed
representative.
(2) The ``duly appointed 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 Lake Michigan, to act on his
behalf. The representative of the Captain of the Port will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter or operate within the Safety
Zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the Safety Zone shall comply with all directions given to
them by the Captain of the Port or his representative.
(4) The Captain of the Port may be contacted by telephone via the
Sector Lake Michigan Operations Center at (414) 747-7182 during working
hours. Vessels assisting in the enforcement of the Safety Zone may be
contacted on VHF-FM channels 16 or 23A. Vessel operators may determine
the restrictions in effect for the safety zone by coming alongside a
vessel patrolling the perimeter of the Safety Zone.
(5) Coast Guard Sector Lake Michigan will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the Safety Zone and restriction imposed.
Dated: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E6-10392 Filed 6-30-06; 8:45 am]
BILLING CODE 4910-15-P
