Safety Zone; Lignelli Wedding Fireworks, Atlantic Ocean, Water Mill, NY, 38089-38091 [E6-10472]

Download as PDF Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01–06–067] RIN 1625–AA00 Safety Zone; Lignelli Wedding Fireworks, Atlantic Ocean, Water Mill, NY Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: SUMMARY: The Coast Guard is establishing a temporary safety zone for the Lignelli Wedding Fireworks in the Atlantic Ocean off of 381 Dune Road, Water Mill, NY. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. This rule is effective from 8 p.m. to 10:10 p.m. on July 8, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD01–06– 067 and will be available for inspection or copying at Sector Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade D. Miller, Assistant Chief, Waterways Management Division, Coast Guard Sector Long Island Sound at (203) 468– 4596. SUPPLEMENTARY INFORMATION: DATES: jlentini on PROD1PC65 with RULES 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 Coast Guard did not receive an Application for Approval of Marine Event for this event until April 8, 2006, thereby making an NPRM impracticable and contrary to the pubic interest. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay encountered in this regulation’s effective date would be impracticable and contrary to public interest since immediate action is needed to prevent traffic from transiting VerDate Aug<31>2005 19:23 Jul 03, 2006 Jkt 208001 a portion of the Atlantic Ocean off of Water Mill, NY and to protect the maritime public from the hazards associated with this fireworks event. The temporary zone should have minimal negative impact on the public and navigation because it is only effective for a 2 hour and 10 minute period and the area closed by the safety zone is minimal, allowing vessels to transit around the zone in the Atlantic Ocean off of Water Mill, NY. Background and Purpose The Lignelli Wedding Fireworks display will be taking place in the Atlantic Ocean off of Water Mill, NY from 8 p.m. to 10:10 p.m. on July 8, 2006. This safety zone is necessary to protect the life and property of the maritime public from the hazards posed by the fireworks display. It will protect the maritime public by prohibiting entry into or movement within this portion of the Atlantic Ocean one hour prior to, during and one hour after the stated event. Discussion of Rule This regulation establishes a temporary safety zone on the waters of the Atlantic Ocean, off of 381 Dune Road, Water Mill, NY within a 1200-foot radius of the fireworks barge located at approximate position 40°53′27.99″ N, 072°19′14.10″ W. The temporary safety zone will be outlined by temporary marker buoys installed by the event organizers. This action is intended to prohibit vessel traffic in a portion of the Atlantic Ocean off of Water Mill, NY to provide for the protection of life and property of the maritime public. The safety zone will be enforced from 8 p.m. until 10:10 p.m. on July 8, 2006. Marine traffic may transit safely outside of the safety zone during the event thereby allowing navigation of the rest of the Atlantic Ocean except for the portion delineated by this rule. The Captain of the Port anticipates minimal negative impact on vessel traffic due to this event due to the limited area and duration covered by this safety zone. Public notifications will be made prior to the effective period via local notice to mariners and marine information broadcasts. 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 38089 Budget has not reviewed it under that Order. We expect the economic impact of this rule will be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This regulation may have some impact on the public, but the potential impact will be minimized for the following reasons: Vessels will only be excluded from the area of the safety zone for 2 hours and ten (10) minutes; and vessels will be able to operate in other areas of the Atlantic Ocean off of Water Mill, NY during the enforcement period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule will 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 rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in those portions of Long Island Sound covered by the safety zone. For the reasons outlined in the Regulatory Evaluation section above, this rule will not have a significant impact on a substantial number of small entities. 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 subsection 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 [Pub. L. 104–121], the Coast Guard wants to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call Lieutenant Junior Grade D. Miller, Assistant Chief, Waterways E:\FR\FM\05JYR1.SGM 05JYR1 38090 Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations Management Division, Sector Long Island Sound, at (203) 468–4596. 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 19:23 Jul 03, 2006 Jkt 208001 Risks and Safety Risks. This rule is not an economically significant rule and will not concern 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 will 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. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs 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 M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 the categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34), of the Instruction, from further environmental documentation. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 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. 1225, 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 temporary § 165.T01–067 to read as follows: I § 165.T01–067 Safety Zone: Lignelli Wedding Fireworks, Atlantic Ocean, Water Mill, NY. (a) Location. The following area is a safety zone: All waters of the Atlantic Ocean in a 1200-foot radius of a fireworks barge site located off of 381 Dune Road, Water Mill, NY at approximate position 40°53′27.99″ N, 072°19′14.10″ W. All coordinates are North American Datum 1983. (b) Enforcement period. This section will be enforced from 8 p.m. to 10:10 p.m. on Saturday, July 8, 2006. (c) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply. (2) In accordance with the general regulations in § 165.23 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port, Long Island Sound. (3) All persons and vessels shall comply with the Coast Guard Captain of the Port or designated on-scene patrol personnel. These personnel comprise commissioned, warrant and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. E:\FR\FM\05JYR1.SGM 05JYR1 Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations Dated: June 22, 2006. J.J. Plunkett, Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound, Acting. [FR Doc. E6–10472 Filed 7–3–06; 8:45 am] BILLING CODE 4910–15–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 22, 24, and 64 [ET Docket No. 04–295; RM–10865; FCC 06– 56] Communications Assistance for Law Enforcement Act and Broadband Access and Services Federal Communications Commission. ACTION: Final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: This document addresses the assistance capabilities required, pursuant to section 103 of the Communications Assistance for Law Enforcement Act (CALEA) for facilitiesbased broadband Internet access providers and providers of interconnected Voice over Internet Protocol (VoIP). More generally, the Second Report and Order and Memorandum Opinion and Order (Second R&O and MO&O) specifies mechanisms to ensure that telecommunications carriers comply with CALEA. The MO&O denies in part and grants in part a petition for reconsideration and clarification filed by the United States Telecom Association (USTelecom) relating to the compliance date for broadband Internet access providers and providers of interconnected VoIP. DATES: Effective August 4, 2006, except for §§ 1.20004 and 1.20005, which contain information collection requirements that have not been approved by the Office of Management and Budget. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date of these sections. FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering and Technology, (202) 418–2452, email: Rodney.Small@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Second Report and Order and Memorandum Opinion and Order, ET Docket No. 04– 295, FCC 06–56, adopted May 3, 2006, and released May 12, 2006. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference VerDate Aug<31>2005 19:23 Jul 03, 2006 Jkt 208001 Center (Room CY–A257), 445 12th Street, SW., Washington, DC 20554. The full text of this document also may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone (202) 488–5300; fax (202) 488–5563; e-mail at FCC@BCPIWEB.COM. Summary of the Second Report and Order and Memorandum Opinion and Order Overview 1. Telecommunications industry standard-setting bodies, working in concert with law enforcement agencies (LEAs) and other interested parties, are developing technical requirements and solutions for facilities-based broadband Internet access providers and providers of interconnected VoIP. We conclude that, absent the filing of a deficiency petition under CALEA section 107(b), it would be premature for the FCC to intervene in the standards development process. Additionally, we permit all carriers providing facilities-based broadband Internet access and interconnected VoIP services until May 14, 2007 to come into compliance with CALEA. Further, we require that all carriers providing facilities-based broadband Internet access and interconnected VoIP service to submit interim reports to the Commission to ensure that they will be CALEAcompliant by May 14, 2007. We also require that all facilities-based broadband Internet access and interconnected VoIP providers to whom CALEA obligations were extended in the First Report and Order (First R&O) in this proceeding come into compliance with the system security requirements in our rules within 90 days of the effective date of this Second R&O. 2. More generally, we specify mechanisms to ensure that telecommunications carriers comply with CALEA. Specifically, under the express terms of the statute, all carriers subject to CALEA are obliged to become CALEA-compliant. We find that sections 107(c) and 109(b) of CALEA provide only limited and temporary relief from compliance requirements, and that they are complementary provisions that serve different purposes, which are, respectively: (1) Extension of the CALEA section 103 compliance deadline for equipment, facility, or service deployed before October 25, 1998; and (2) recovery of CALEAimposed costs. We also conclude that, in addition to the enforcement remedies PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 38091 through the courts available to LEAs under CALEA section 108, we may take separate enforcement action against carriers that fail to comply with CALEA. Moreover, we conclude that carriers are generally responsible for CALEA development and implementation costs for post-January 1, 1995 equipment and facilities. Background 3. In March 2004, the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) (collectively, Law Enforcement) filed with the Commission a petition for expedited rulemaking, requesting that we initiate a proceeding to resolve various outstanding issues associated with the implementation of CALEA. We responded in August 2004 by issuing a Notice of Proposed Rulemaking (NPRM) (69 FR 56976, September 23, 2004) and Declaratory Ruling in this proceeding. The NPRM examined issues relating to the scope of CALEA’s applicability to packet-mode services, such as broadband Internet access, and implementation and enforcement issues. 4. In September 2005, the First R&O (70 FR 59664, October 13, 2005) concluded that CALEA applies to facilities-based broadband Internet access providers and providers of interconnected VoIP service, and the concurrent Further Notice of Proposed Rulemaking (70 FR 59704, October 13, 2005) sought comment on whether CALEA obligations should be extended to providers of other types of VoIP services and on whether something less than full CALEA compliance should be required of certain classes or categories of facilities-based broadband Internet access providers. The First R&O stated: ‘‘In the coming months, we will release another order that will address separate questions regarding the assistance capabilities required of the providers covered by today’s Order pursuant to section 103 of CALEA. This subsequent order will include other important issues under CALEA, such as compliance extensions and exemptions, cost recovery, identification of future services and entities subject to CALEA, and enforcement.’’ The Second R&O addresses these questions and issues and specifies what telecommunications providers must do to facilitate electronic surveillance of their equipment, facilities, and services by LEAs, pursuant to court orders or other lawful authorization. 5. In this Second R&O, we first examine the obligations of facilitiesbased broadband Internet access and interconnected VoIP providers to E:\FR\FM\05JYR1.SGM 05JYR1

Agencies

[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Rules and Regulations]
[Pages 38089-38091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10472]



[[Page 38089]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-06-067]
RIN 1625-AA00


Safety Zone; Lignelli Wedding Fireworks, Atlantic Ocean, Water 
Mill, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Lignelli Wedding Fireworks in the Atlantic Ocean off of 381 Dune 
Road, Water Mill, NY. The safety zone is necessary to protect the life 
and property of the maritime community from the hazards posed by the 
fireworks display. Entry into or movement within this safety zone 
during the enforcement period is prohibited without approval of the 
Captain of the Port, Long Island Sound.

DATES: This rule is effective from 8 p.m. to 10:10 p.m. on July 8, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD01-06-067 and will be available for 
inspection or copying at Sector Long Island Sound, New Haven, CT, 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade D. Miller, 
Assistant Chief, Waterways Management Division, Coast Guard Sector Long 
Island Sound at (203) 468-4596.

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 Coast Guard did not 
receive an Application for Approval of Marine Event for this event 
until April 8, 2006, thereby making an NPRM impracticable and contrary 
to the pubic interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
regulation's effective date would be impracticable and contrary to 
public interest since immediate action is needed to prevent traffic 
from transiting a portion of the Atlantic Ocean off of Water Mill, NY 
and to protect the maritime public from the hazards associated with 
this fireworks event.
    The temporary zone should have minimal negative impact on the 
public and navigation because it is only effective for a 2 hour and 10 
minute period and the area closed by the safety zone is minimal, 
allowing vessels to transit around the zone in the Atlantic Ocean off 
of Water Mill, NY.

Background and Purpose

    The Lignelli Wedding Fireworks display will be taking place in the 
Atlantic Ocean off of Water Mill, NY from 8 p.m. to 10:10 p.m. on July 
8, 2006. This safety zone is necessary to protect the life and property 
of the maritime public from the hazards posed by the fireworks display. 
It will protect the maritime public by prohibiting entry into or 
movement within this portion of the Atlantic Ocean one hour prior to, 
during and one hour after the stated event.

Discussion of Rule

    This regulation establishes a temporary safety zone on the waters 
of the Atlantic Ocean, off of 381 Dune Road, Water Mill, NY within a 
1200-foot radius of the fireworks barge located at approximate position 
40[deg]53'27.99'' N, 072[deg]19'14.10'' W. The temporary safety zone 
will be outlined by temporary marker buoys installed by the event 
organizers.
    This action is intended to prohibit vessel traffic in a portion of 
the Atlantic Ocean off of Water Mill, NY to provide for the protection 
of life and property of the maritime public. The safety zone will be 
enforced from 8 p.m. until 10:10 p.m. on July 8, 2006. Marine traffic 
may transit safely outside of the safety zone during the event thereby 
allowing navigation of the rest of the Atlantic Ocean except for the 
portion delineated by this rule.
    The Captain of the Port anticipates minimal negative impact on 
vessel traffic due to this event due to the limited area and duration 
covered by this safety zone. Public notifications will be made prior to 
the effective period via local notice to mariners and marine 
information broadcasts.

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.
    We expect the economic impact of this rule will be so minimal that 
a full Regulatory Evaluation under the regulatory policies and 
procedures of DHS is unnecessary. This regulation may have some impact 
on the public, but the potential impact will be minimized for the 
following reasons: Vessels will only be excluded from the area of the 
safety zone for 2 hours and ten (10) minutes; and vessels will be able 
to operate in other areas of the Atlantic Ocean off of Water Mill, NY 
during the enforcement period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in those portions of Long Island Sound covered by the safety 
zone. For the reasons outlined in the Regulatory Evaluation section 
above, this rule will not have a significant impact on a substantial 
number of small entities.
    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 subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking. If this rule will affect your small business, organization, 
or governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please call Lieutenant Junior 
Grade D. Miller, Assistant Chief, Waterways

[[Page 38090]]

Management Division, Sector Long Island Sound, at (203) 468-4596.
    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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and will not concern 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 will 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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 M16475.1D 
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 concluded 
that there are no factors in this case that would limit the use of the 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34), of the Instruction, from further environmental 
documentation.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


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. 1225, 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.


0
2. Add temporary Sec.  165.T01-067 to read as follows:


Sec.  165.T01-067  Safety Zone: Lignelli Wedding Fireworks, Atlantic 
Ocean, Water Mill, NY.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic Ocean in a 1200-foot radius of a fireworks barge site 
located off of 381 Dune Road, Water Mill, NY at approximate position 
40[deg]53'27.99'' N, 072[deg]19'14.10'' W. All coordinates are North 
American Datum 1983.
    (b) Enforcement period. This section will be enforced from 8 p.m. 
to 10:10 p.m. on Saturday, July 8, 2006.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Long Island Sound.
    (3) All persons and vessels shall comply with the Coast Guard 
Captain of the Port or designated on-scene patrol personnel. These 
personnel comprise commissioned, warrant and petty officers of the U.S. 
Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, 
radio, flashing light or other means, the operator of the vessel shall 
proceed as directed.


[[Page 38091]]


    Dated: June 22, 2006.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound, 
Acting.
 [FR Doc. E6-10472 Filed 7-3-06; 8:45 am]
BILLING CODE 4910-15-P