Safety Zone; Gloucester Schooner Festival Fireworks, Gloucester Harbor, Gloucester, MA, 48797-48799 [E6-13894]
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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
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Note to paragraph (b): The CCL includes
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cell phones, personal digital assistants and
other wireless handheld devices/
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exportation of these items to Iran, even on a
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Dated: August 7, 2006.
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Acting Director, Office of Foreign Assets
Control.
Regulatory Information
Approved: August 8, 2006.
Stuart A. Levey,
Under Secretary, Office of Terrorism and
Financial Intelligence, Department of the
Treasury.
[FR Doc. E6–13809 Filed 8–21–06; 8:45 am]
BILLING CODE 4811–37–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–06–070]
RIN 1625–AA00
Safety Zone; Gloucester Schooner
Festival Fireworks, Gloucester Harbor,
Gloucester, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the Gloucester Schooner Festival
Fireworks display on September 2, 2006
with rain dates of September 3 or
September 4, 2006 in Gloucester, MA,
temporarily closing all waters of
Gloucester Harbor within a four
hundred (400) yard radius of the
fireworks launch site located at Stage
Fort Park at approximate position
42°36.313′ N, 070°40.533′ W. This zone
is necessary to protect the maritime
public from the potential hazards posed
by a fireworks display. The safety zone
temporarily prohibits entry into or
movement within this portion of
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Jkt 208001
Gloucester Harbor during its closure
period, unless authorized by the Captain
of the Port, Boston or the COTP’s
designated representative.
DATES: This rule is effective from 8 p.m.
EDT on September 2, 2006 until 10:30
p.m. EDT on September 2, 2006 with
rain dates of September 3 or September
4, 2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD01–06–
070 and are available for inspection or
copying at Sector Boston, 427
Commercial Street, Boston, MA,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer Paul English, Sector
Boston, Waterways Management
Division, at (617) 223–5456.
SUPPLEMENTARY 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 because
there was insufficient time to conduct a
notice and comment rulemaking before
the event. Any delay encountered in
this regulation’s effective date would be
contrary to the public interest since the
safety zone is needed to prevent traffic
from transiting a portion of Gloucester
Harbor during the fireworks display and
to provide for the safety of life on
navigable waters.
For the same reasons, the Coast Guard
finds, under 5 U.S.C. 553(d)(3), that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. The
zone should have a minimal negative
impact on vessel transits in Gloucester
Harbor because vessels will be excluded
from the area for only two and one half
hours, and vessels can still safely
operate in other areas of Gloucester
Harbor during the event.
Background and Purpose
The City of Gloucester is holding a
fireworks display to celebrate the
Gloucester Schooner Festival. This rule
establishes a temporary safety zone on
the waters of Gloucester Harbor within
a four hundred (400) yard radius of the
fireworks launch site located at Stage
Fort Park at approximate position
42°36.313′ N, 070°40.533′ W. This safety
zone is necessary to protect the life and
property of the maritime public from the
potential dangers posed by this event. It
will protect the public by prohibiting
entry into or movement within the
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Fmt 4700
Sfmt 4700
48797
proscribed portion of Gloucester Harbor
during the fireworks display.
Marine traffic may transit safely
outside of the zone during the effective
period. The Captain of the Port does not
anticipate any negative impact on vessel
traffic due to this event. Public
notifications will be made prior to and
during the effective period via marine
information broadcasts and Local Notice
to Mariners.
Discussion of Rule
This rule is effective from 8 p.m. EDT
until 10:30 p.m. EDT on September 2,
2006 with rain dates of September 3 and
September 4, 2006. Marine traffic may
transit safely outside of the safety zone
in the majority of Gloucester Harbor
during the event. Given the limited
time-frame of the effective period of the
zone, and the actual size of the zone
compared to the amount of navigable
water around it, the Captain of the Port
anticipates minimal negative impact on
vessel traffic due to this event. Public
notifications will be made prior to and
during 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 to be so minimal that a full
Regulatory evaluation is unnecessary.
Although this rule will prevent traffic
from transiting a portion of Gloucester
Harbor during this event, the effect of
this rule will not be significant for
several reasons: Vessels will be
excluded from the area of the safety
zone for only two and one half hours;
although vessels will not be able to
transit the area in the vicinity of the
zone, they will be able to safely operate
in other areas of Gloucester Harbor
during the effective period; and advance
notifications will be made to the local
maritime community by marine
information broadcasts and Local Notice
to Mariners.
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
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48798
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of Gloucester Harbor from 8
p.m. EDT until 10:30 p.m. EDT on
September 2, 2006, with rain dates of
September 3 or September 4, 2006. This
safety zone will not have a significant
economic impact on a substantial
number of small entities for the reason
described under Regulatory Evaluation.
Assistance for Small Entities
Under subsection 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 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 Chief Petty
Officer Paul English, Sector Boston,
Waterways Management Division, at
(617) 223–5456.
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).
jlentini on PROD1PC65 with RULES
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
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15:24 Aug 21, 2006
Jkt 208001
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 affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
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Frm 00006
Fmt 4700
Sfmt 4700
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 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’’
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. 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.
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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Rules and Regulations
2. Add temporary § 165.T06–070 to
read as follows:
I
DEPARTMENT OF EDUCATION
34 CFR Parts 668, 674, 675, 676, 682,
685, 690, and 691
§ 165.T–01–070 Safety Zone: Gloucester
Schooner Festival Fireworks, Gloucester
Harbor, Gloucester, MA.
(a) Location. The following area is a
safety zone:
All waters of Gloucester Harbor, from
surface to bottom, within a four
hundred (400) yard radius of the
fireworks launch site located at Stage
Fort Park located at approximate
position 42°36.313′ N., 070°40.533′ W.
(b) Effective Date. This rule is
effective from 8 p.m. EDT on September
2, 2006 until 10:30 p.m. EDT on
September 2, 2006, with rain dates of
September 3 or September 4, 2006.
(c) Definitions. (1) As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP).
(2) [Reserved]
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into or movement
within this zone by any person or vessel
is prohibited unless authorized by the
Captain of the Port (COTP), Boston or
the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the COTP or
the COTP’s designated representative.
Dated: August 9, 2006.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the
Port, Boston, Massachusetts.
[FR Doc. E6–13894 Filed 8–21–06; 8:45 am]
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BILLING CODE 4910–15–P
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Jkt 208001
Student Assistance General
Provisions; Federal Perkins Loan
Program; Federal Work-Study
Programs; Federal Supplemental
Educational Opportunity Grant
Program; Federal Family Education
Loan Program; William D. Ford Federal
Direct Loan Program; Federal Pell
Grant Program; Academic
Competitiveness Grant Program; and
National Science and Mathematics
Access to Retain Talent Grant Program
Office of Postsecondary
Education, Department of Education.
ACTION: Interim final regulations;
Corrections.
AGENCY:
SUMMARY: On July 3, 2006, we published
in the Federal Register (71 FR 37990)
interim final regulations for the
Academic Competitiveness Grant and
National Science and Mathematics
Access to Retain Talent Grant programs.
The interim final regulations also
amended the Student Assistance
General Provisions, Federal Perkins
Loan Program, Federal Work-Study
Programs, Federal Supplemental
Educational Opportunity Grant
Program, Federal Family Education
Loan Program, William D. Ford Federal
Direct Loan Program, and Federal Pell
Grant Program.
In the DATES section of that notice, we
inadvertently left two regulations off the
list of regulations that contain
information collection requirements
with which affected parties need not
comply until we publish in the Federal
Register the control numbers assigned
to these information collection
requirements by the Office of
Management and Budget. This notice
corrects the error as follows:
On page 37990, in the second column,
under the DATES section, in the third
sentence, insert ‘‘691.16, 691.82,’’
immediately following ‘‘691.15,’’.
In addition, we inadvertently
included an incorrect citation in the
notice of interim final regulations. This
notice corrects the error as follows:
On page 37993, in the third column,
in the first sentence of the paragraph
beginning ‘‘Reason:’’, replace ‘‘34 CFR
660.2’’ with ‘‘34 CFR 600.2’’.
FOR FURTHER INFORMATION CONTACT:
Jacquelyn Butler, U.S. Department of
Education, 1990 K Street, NW., room
8053, Washington, DC 20006–8544.
Telephone: (202) 502–7890. Sophia
McArdle, U.S. Department of Education,
1990 K Street, NW., room 8019,
PO 00000
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48799
Washington, DC 20006–8544.
Telephone: (202) 219–7078.
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1–
800–877–8339.
Individuals with disabilities may
obtain this document in an alternative
format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document
You may view this document, as well
as all other Department of Education
documents published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: https://www.ed.gov/
news/fedregister/.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
You may also view this document in
text or PDF at the following site:
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currentFRegistersPag.jsp.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.access.gpo.gov/nara/
index.html
(Catalog of Federal Domestic Assistance
Numbers: 84.375 Academic Competitiveness
Grants; 84.376 SMART Grants)
List of Subjects in 34 CFR Parts 668,
674, 675, 676, 682, 685, 690, and 691
Colleges and universities, Elementary
and secondary education, Grant
programs-education, Student aid.
Margaret Spellings,
Secretary of Education.
[FR Doc. E6–13901 Filed 8–21–06; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–8211–8]
National Oil and Hazardous Substance
Pollution Contingency Plan; National
Priorities List Update
Environmental Protection
Agency.
ACTION: Withdrawal of direct final
deletion of the Brio Refining, Inc.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Rules and Regulations]
[Pages 48797-48799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13894]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-070]
RIN 1625-AA00
Safety Zone; Gloucester Schooner Festival Fireworks, Gloucester
Harbor, Gloucester, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Gloucester Schooner Festival Fireworks display on September 2, 2006
with rain dates of September 3 or September 4, 2006 in Gloucester, MA,
temporarily closing all waters of Gloucester Harbor within a four
hundred (400) yard radius of the fireworks launch site located at Stage
Fort Park at approximate position 42[deg]36.313' N, 070[deg]40.533' W.
This zone is necessary to protect the maritime public from the
potential hazards posed by a fireworks display. The safety zone
temporarily prohibits entry into or movement within this portion of
Gloucester Harbor during its closure period, unless authorized by the
Captain of the Port, Boston or the COTP's designated representative.
DATES: This rule is effective from 8 p.m. EDT on September 2, 2006
until 10:30 p.m. EDT on September 2, 2006 with rain dates of September
3 or September 4, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-06-070 and are available for
inspection or copying at Sector Boston, 427 Commercial Street, Boston,
MA, between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Paul English,
Sector Boston, Waterways Management Division, at (617) 223-5456.
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 because there was insufficient
time to conduct a notice and comment rulemaking before the event. Any
delay encountered in this regulation's effective date would be contrary
to the public interest since the safety zone is needed to prevent
traffic from transiting a portion of Gloucester Harbor during the
fireworks display and to provide for the safety of life on navigable
waters.
For the same reasons, the Coast Guard finds, under 5 U.S.C.
553(d)(3), that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. The zone should
have a minimal negative impact on vessel transits in Gloucester Harbor
because vessels will be excluded from the area for only two and one
half hours, and vessels can still safely operate in other areas of
Gloucester Harbor during the event.
Background and Purpose
The City of Gloucester is holding a fireworks display to celebrate
the Gloucester Schooner Festival. This rule establishes a temporary
safety zone on the waters of Gloucester Harbor within a four hundred
(400) yard radius of the fireworks launch site located at Stage Fort
Park at approximate position 42[deg]36.313' N, 070[deg]40.533' W. This
safety zone is necessary to protect the life and property of the
maritime public from the potential dangers posed by this event. It will
protect the public by prohibiting entry into or movement within the
proscribed portion of Gloucester Harbor during the fireworks display.
Marine traffic may transit safely outside of the zone during the
effective period. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this event. Public
notifications will be made prior to and during the effective period via
marine information broadcasts and Local Notice to Mariners.
Discussion of Rule
This rule is effective from 8 p.m. EDT until 10:30 p.m. EDT on
September 2, 2006 with rain dates of September 3 and September 4, 2006.
Marine traffic may transit safely outside of the safety zone in the
majority of Gloucester Harbor during the event. Given the limited time-
frame of the effective period of the zone, and the actual size of the
zone compared to the amount of navigable water around it, the Captain
of the Port anticipates minimal negative impact on vessel traffic due
to this event. Public notifications will be made prior to and during
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 to be so minimal that a
full Regulatory evaluation is unnecessary. Although this rule will
prevent traffic from transiting a portion of Gloucester Harbor during
this event, the effect of this rule will not be significant for several
reasons: Vessels will be excluded from the area of the safety zone for
only two and one half hours; although vessels will not be able to
transit the area in the vicinity of the zone, they will be able to
safely operate in other areas of Gloucester Harbor during the effective
period; and advance notifications will be made to the local maritime
community by marine information broadcasts and Local Notice to
Mariners.
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
[[Page 48798]]
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of Gloucester Harbor from 8 p.m. EDT
until 10:30 p.m. EDT on September 2, 2006, with rain dates of September
3 or September 4, 2006. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
reason described under Regulatory Evaluation.
Assistance for Small Entities
Under subsection 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 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 Chief Petty Officer
Paul English, Sector Boston, Waterways Management Division, at (617)
223-5456.
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 affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as 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 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'' 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. 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.
[[Page 48799]]
0
2. Add temporary Sec. 165.T06-070 to read as follows:
Sec. 165.T-01-070 Safety Zone: Gloucester Schooner Festival
Fireworks, Gloucester Harbor, Gloucester, MA.
(a) Location. The following area is a safety zone:
All waters of Gloucester Harbor, from surface to bottom, within a
four hundred (400) yard radius of the fireworks launch site located at
Stage Fort Park located at approximate position 42[deg]36.313' N.,
070[deg]40.533' W.
(b) Effective Date. This rule is effective from 8 p.m. EDT on
September 2, 2006 until 10:30 p.m. EDT on September 2, 2006, with rain
dates of September 3 or September 4, 2006.
(c) Definitions. (1) As used in this section, designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP).
(2) [Reserved]
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone by
any person or vessel is prohibited unless authorized by the Captain of
the Port (COTP), Boston or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
Dated: August 9, 2006.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E6-13894 Filed 8-21-06; 8:45 am]
BILLING CODE 4910-15-P
