Safety Zone; Fundacion Amistad Fireworks, Three Mile Harbor, East Hampton, NY, 38532-38534 [E6-10592]
Download as PDF
38532
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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 a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
cprice-sewell on PROD1PC66 with RULES
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.
VerDate Aug<31>2005
15:33 Jul 06, 2006
Jkt 208001
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have 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. 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:
transiting in this regulated area is
prohibited, except as provided for
herein, or unless authorized by the
Coast Guard Captain of the Port
Charleston, South Carolina or his
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–FM channel 16
or via phone at (843) 724–7616.
(d) Dates. The rule is effective from
8:30 p.m. to 10:30 p.m. on July 14, 2006.
Dated: June 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the
Port Charleston, SC.
[FR Doc. E6–10648 Filed 7–6–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–06–064]
RIN 1625–AA00
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Safety Zone; Fundacion Amistad
Fireworks, Three Mile Harbor, East
Hampton, NY
1. The authority citation for part 165
continues to read as follows:
AGENCY:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T07–136 to
read as follows:
I
§ 165.T07–136
SC.
Beaufort River, Beaufort,
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Beaufort
River Sound for a fireworks display. The
temporary safety zone extends, from
surface to bottom, 460 feet in all
directions from the fireworks launch
barges located on the Beaufort River,
Beaufort, SC in approximate position
32°25.632′ N, 080°40.600′ W.
(b) Definitions. The following
definitions apply to this section:
Designated representative means Coast
Guard Patrol Commanders including
Coat Guard coxswains, petty officers
and other officers operating Coast Guard
vessels, and federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston (COTP)
in the enforcement of the regulated area.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
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ACTION:
Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the Fundacion Amistad Fireworks in
Three Mile Harbor off of East Hampton,
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 8:30
p.m. to 11:30 p.m. on July 22, 2006 and
July 23, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket [CGD01–06–
064] 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:
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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 May 1, 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 Three Mile Harbor off of
East Hampton, 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 3 hour period and the area
closed by the safety zone is minimal,
allowing vessels to transit around the
zone in Three Mile Harbor off of East
Hampton, NY.
Background and Purpose
The Fundacion Amistad Fireworks
display will be taking place in Three
Mile Harbor off of East Hampton, NY
from 8:30 p.m. to 11:30 p.m. on July 22,
2006. If the fireworks display is
cancelled due to inclement weather on
July 22, 2006, it will take place during
the same hours on July 23, 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 Three
Mile Harbor one hour prior to, during
and one hour after the stated event.
cprice-sewell on PROD1PC66 with RULES
Discussion of Rule
This regulation establishes a
temporary safety zone in Three Mile
Harbor off of East Hampton, NY and the
impacted waters of Three Mile Harbor
within an 800-foot radius of the
fireworks launch site located at
approximate position 41°1′5″ N,
072°11′55″ 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 Three Mile
Harbor off of East Hampton, NY to
provide for the protection of life and
property of the maritime public. The
VerDate Aug<31>2005
15:33 Jul 06, 2006
Jkt 208001
safety zone will be enforced from 8:30
p.m. until 11:30 p.m. on July 22, 2006.
Marine traffic may transit safely outside
of the safety zone during the event
thereby allowing navigation of the rest
of Three Mile Harbor 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 3 hours; and
vessels will be able to operate in other
areas of Three Mile Harbor off of East
Hampton, 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
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
38533
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],
we offered to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process. 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 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
E:\FR\FM\07JYR1.SGM
07JYR1
38534
Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations
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.
cprice-sewell on PROD1PC66 with RULES
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
VerDate Aug<31>2005
15:33 Jul 06, 2006
Jkt 208001
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.
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.T01–064 to
read as follows:
I
§ 165.T01–064 Safety Zone: Fundacion
Amistad Fireworks, Three Mile Harbor, East
Hampton, NY.
(a) Location. The following area is a
safety zone: All waters of Three Mile
Harbor in an 800-foot radius of a
fireworks barge site located off of East
Hampton, NY at approximate position
41°1′5″ N, 072°11′55″ W. All
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Frm 00022
Fmt 4700
Sfmt 4700
coordinates are North American Datum
1983.
(b) Enforcement period. This section
will be enforced from 8:30 p.m. to 11:30
p.m. on Saturday, July 22, 2006. If the
fireworks display is cancelled due to
inclement weather on July 22, 2006, it
will take place during the same hours
on Sunday, July 23, 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.
Dated: June 22, 2006.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of
the Port, Long Island Sound, Acting.
[FR Doc. E6–10592 Filed 7–6–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Sector Juneau Western Alaska 06–002]
RIN 1625–AA00
Safety Zone; Grand Island, Stephens
Passage
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters south of Grand
Island in Stephens Passage. This safety
zone is intended to restrict vessels from
entering within 2.5 nautical miles of a
Coast Guard vessel that is conducting
gunnery exercises. Entry into this safety
zone, while it is activated and enforced,
is prohibited unless authorized by the
on-scene U.S. Coast Guard vessel. This
safety zone and its periodic activations
are necessary to protect the public from
the hazards associated with the firing of
weapons.
DATES: This temporary rule is effective
from June 21, 2006 through December
21, 2006.
E:\FR\FM\07JYR1.SGM
07JYR1
Agencies
[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Pages 38532-38534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10592]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-064]
RIN 1625-AA00
Safety Zone; Fundacion Amistad Fireworks, Three Mile Harbor, East
Hampton, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Fundacion Amistad Fireworks in Three Mile Harbor off of East
Hampton, 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 8:30 p.m. to 11:30 p.m. on July 22,
2006 and July 23, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD01-06-064] 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:
[[Page 38533]]
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 May 1, 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 Three Mile Harbor off of East Hampton, 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 3 hour period
and the area closed by the safety zone is minimal, allowing vessels to
transit around the zone in Three Mile Harbor off of East Hampton, NY.
Background and Purpose
The Fundacion Amistad Fireworks display will be taking place in
Three Mile Harbor off of East Hampton, NY from 8:30 p.m. to 11:30 p.m.
on July 22, 2006. If the fireworks display is cancelled due to
inclement weather on July 22, 2006, it will take place during the same
hours on July 23, 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 Three Mile Harbor one
hour prior to, during and one hour after the stated event.
Discussion of Rule
This regulation establishes a temporary safety zone in Three Mile
Harbor off of East Hampton, NY and the impacted waters of Three Mile
Harbor within an 800-foot radius of the fireworks launch site located
at approximate position 41[deg]1'5'' N, 072[deg]11'55'' 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
Three Mile Harbor off of East Hampton, NY to provide for the protection
of life and property of the maritime public. The safety zone will be
enforced from 8:30 p.m. until 11:30 p.m. on July 22, 2006. Marine
traffic may transit safely outside of the safety zone during the event
thereby allowing navigation of the rest of Three Mile Harbor 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 3 hours; and vessels will be able to operate in other
areas of Three Mile Harbor off of East Hampton, 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], we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking
process. 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 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
[[Page 38534]]
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.T01-064 to read as follows:
Sec. 165.T01-064 Safety Zone: Fundacion Amistad Fireworks, Three
Mile Harbor, East Hampton, NY.
(a) Location. The following area is a safety zone: All waters of
Three Mile Harbor in an 800-foot radius of a fireworks barge site
located off of East Hampton, NY at approximate position 41[deg]1'5'' N,
072[deg]11'55'' W. All coordinates are North American Datum 1983.
(b) Enforcement period. This section will be enforced from 8:30
p.m. to 11:30 p.m. on Saturday, July 22, 2006. If the fireworks display
is cancelled due to inclement weather on July 22, 2006, it will take
place during the same hours on Sunday, July 23, 2006.
(c) Regulations. (1) The general regulations contained in 33 CFR
Sec. 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.
Dated: June 22, 2006.
J.J. Plunkett,
Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound,
Acting.
[FR Doc. E6-10592 Filed 7-6-06; 8:45 am]
BILLING CODE 4910-15-P