Safety Zone: Fireworks Display, North Atlantic Ocean, Avalon, NJ, 18174-18176 [E7-6779]
Download as PDF
18174
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed 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 PRODPC61 with PROPOSALS
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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
VerDate Aug<31>2005
14:48 Apr 10, 2007
Jkt 211001
have made a preliminary determination
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether to
categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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:
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.T05–033 to
read as follows:
§ 165.T05–033 Safety Zone; Big Timber
Creek, Westville, New Jersey
(a) Regulated area. The safety zone
includes waters from the Route 130
Bridge in Westville, NJ, to the entrance
of the Delaware River, shoreline to
shoreline on Big Timber Creek.
(b) Definitions. As used in this
section:
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the Commander,
Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Regulations.
(1) Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
(ii) Proceed as directed by any Official
Patrol.
(d) Enforcement Period. This section
will be enforced from 8 p.m. to 11 p.m.
on June 30, 2007.
Dated: March 27, 2007.
David L. Scott,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. E7–6776 Filed 4–10–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–07–030]
RIN 1625–AA00
Safety Zone: Fireworks Display, North
Atlantic Ocean, Avalon, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary Safety Zone
during the ‘‘Avalon Family Fun Festival
Fireworks Display’’, an event to be held
July 6, 2007. This Safety Zone is
necessary to provide for the safety of life
on navigable waters during the event.
This action is intended to temporarily
restrict vessel traffic in the regulated
area within coastal waters adjacent to
Avalon, New Jersey to accommodate a
fireworks display.
DATES: Comments and related material
must reach the Coast Guard on or before
May 11, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
Coast Guard Sector Delaware Bay, One
Washington Avenue, Philadelphia,
Pennsylvania 19147–4335, hand-deliver
them to the same address between 9
a.m. and 2 p.m., Monday through
Friday, except Federal holidays, or fax
them to (215) 271–4903. The Sector
Delaware Bay, Waterways Management
Branch, maintains the public docket for
this rulemaking. Comments and
material received from the public, as
well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at the above address between 9
a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nicole Brophy, Project Manager,
Waterways Management Branch, at
(215) 271–4889.
E:\FR\FM\11APP1.SGM
11APP1
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–07–030),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the address
listed under ADDRESSES explaining why
one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
cprice-sewell on PRODPC61 with PROPOSALS
Background and Purpose
On July 6, 2007, the Borough of
Avalon will sponsor the ‘‘Avalon
Family Fun Festival Fireworks
Display’’. The fireworks display will be
launched from a barge offshore and the
hazardous fallout area will extend over
coastal waters immediately adjacent to
the shoreline in the vicinity of Avalon,
New Jersey. A fleet of spectator vessels
is expected to gather near the event site
to view the fireworks display. Due to the
need for vessel control during the event,
vessel traffic will be temporarily
restricted to provide for the safety of
spectators and transiting vessels.
Discussion of Rule
The Coast Guard proposes to establish
a safety zone on specified coastal waters
of the North Atlantic Ocean,
immediately adjacent to the shoreline at
Avalon, New Jersey. The regulated area
includes all waters within a 500 yard
radius from latitude 39°05′31″ N,
074°43′00″ W. The safety zone will be
in effect from 5 p.m. to 10:30 p.m. on
July 6, 2007. The effect will be to restrict
general navigation in the regulated area
during the fireworks display. Except for
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area during the
enforcement period. The Patrol
VerDate Aug<31>2005
14:48 Apr 10, 2007
Jkt 211001
Commander will notify the public of
specific enforcement times by Marine
Radio Safety Broadcast. These
regulations are needed to control vessel
traffic during the event to enhance the
safety of spectators and transiting
vessels.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Although this regulation restricts
vessel traffic from transiting a small
segment of coastal waters near Avalon,
New Jersey, the effect of this regulation
will not be significant due to the limited
duration that the regulated area will be
in effect and the extensive advance
notifications that will be made to the
maritime community via marine
information broadcasts and area
newspapers so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit coastal
waters in the vicinity of Avalon, New
Jersey during the event.
This proposed rule will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only a short period, from 5
p.m. to 10:30 p.m. on July 6, 2007.
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
18175
Before the enforcement period, we will
issue maritime advisories so mariners
can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process. If
the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the address
listed under ADDRESSES. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
E:\FR\FM\11APP1.SGM
11APP1
18176
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules
not consider the use of voluntary
consensus standards.
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed 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 proposed 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 proposed 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 PRODPC61 with PROPOSALS
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 proposed rule does not use
technical standards. Therefore, we did
VerDate Aug<31>2005
14:48 Apr 10, 2007
Jkt 211001
Environment
We have analyzed this proposed 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 made a preliminary determination
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether to
categorically exclude this rule from
further environmental review.
Coast Guard Sector Delaware Bay with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign.
(c) Regulations.
(1) Except for persons or vessels
authorized by the Coast Guard Patrol
Commander, no person or vessel may
enter or remain in the regulated area.
(2) The operator of any vessel in the
regulated area shall:
(i) Stop the vessel immediately when
directed to do so by any Official Patrol.
(ii) Proceed as directed by any official
patrol.
(d) Enforcement period. This section
will be enforced from 5 p.m. to 10:30
p.m. on July 6, 2007.
Dated: March 27, 2007.
David L. Scott,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. E7–6779 Filed 4–10–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone upon
certain waters of the Patuxent River
during a fireworks display. This action
is necessary to provide for the safety of
life on navigable waters during a
fireworks display launched from a
barge, located near Solomons, in Calvert
County, Maryland. This action will
restrict vessel traffic in a portion of the
Patuxent River.
DATES: Comments and related material
must reach the Coast Guard on or before
May 11, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
U.S. Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70,
Waterways Management Division,
Baltimore, Maryland 21226–1791. Coast
Guard Sector Baltimore, Waterways
Management Division, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
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.T05–030 to
read as follows:
§ 165.T05–030 Safety zone; North Atlantic
Ocean, Avalon, New Jersey.
(a) Regulated area. The safety zone
includes coastal waters in the vicinity of
the shoreline at Avalon, New Jersey.
The safety zone area includes all waters
within a 500 yard radius from latitude
39°05′31″ N, 074°43′00″ W. All
coordinates reference Datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the Coast Guard who has
been designated by the Commander,
Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel
assigned or approved by Commander,
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
33 CFR Part 165
[CGD05–07–037]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Patuxent River, Calvert County, MD
ACTION:
E:\FR\FM\11APP1.SGM
Coast Guard, DHS.
Notice of proposed rulemaking.
11APP1
Agencies
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Proposed Rules]
[Pages 18174-18176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6779]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-07-030]
RIN 1625-AA00
Safety Zone: Fireworks Display, North Atlantic Ocean, Avalon, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary Safety Zone
during the ``Avalon Family Fun Festival Fireworks Display'', an event
to be held July 6, 2007. This Safety Zone is necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in the regulated area
within coastal waters adjacent to Avalon, New Jersey to accommodate a
fireworks display.
DATES: Comments and related material must reach the Coast Guard on or
before May 11, 2007.
ADDRESSES: You may mail comments and related material to Commander,
Coast Guard Sector Delaware Bay, One Washington Avenue, Philadelphia,
Pennsylvania 19147-4335, hand-deliver them to the same address between
9 a.m. and 2 p.m., Monday through Friday, except Federal holidays, or
fax them to (215) 271-4903. The Sector Delaware Bay, Waterways
Management Branch, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the above address between 9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Nicole Brophy, Project Manager,
Waterways Management Branch, at (215) 271-4889.
[[Page 18175]]
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-07-
030), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address listed under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On July 6, 2007, the Borough of Avalon will sponsor the ``Avalon
Family Fun Festival Fireworks Display''. The fireworks display will be
launched from a barge offshore and the hazardous fallout area will
extend over coastal waters immediately adjacent to the shoreline in the
vicinity of Avalon, New Jersey. A fleet of spectator vessels is
expected to gather near the event site to view the fireworks display.
Due to the need for vessel control during the event, vessel traffic
will be temporarily restricted to provide for the safety of spectators
and transiting vessels.
Discussion of Rule
The Coast Guard proposes to establish a safety zone on specified
coastal waters of the North Atlantic Ocean, immediately adjacent to the
shoreline at Avalon, New Jersey. The regulated area includes all waters
within a 500 yard radius from latitude 39[deg]05[min]31[sec] N,
074[deg]43[min]00[sec] W. The safety zone will be in effect from 5 p.m.
to 10:30 p.m. on July 6, 2007. The effect will be to restrict general
navigation in the regulated area during the fireworks display. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area during
the enforcement period. The Patrol Commander will notify the public of
specific enforcement times by Marine Radio Safety Broadcast. These
regulations are needed to control vessel traffic during the event to
enhance the safety of spectators and transiting vessels.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation restricts vessel traffic from transiting a
small segment of coastal waters near Avalon, New Jersey, the effect of
this regulation will not be significant due to the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts and area newspapers so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit coastal waters in the vicinity of Avalon, New Jersey during the
event.
This proposed rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 5 p.m. to 10:30
p.m. on July 6, 2007. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice
[[Page 18176]]
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether to
categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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:
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 Sec. 165.T05-030 to read as follows:
Sec. 165.T05-030 Safety zone; North Atlantic Ocean, Avalon, New
Jersey.
(a) Regulated area. The safety zone includes coastal waters in the
vicinity of the shoreline at Avalon, New Jersey. The safety zone area
includes all waters within a 500 yard radius from latitude
39[deg]05'31'' N, 074[deg]43'00'' W. All coordinates reference Datum
NAD 1983.
(b) Definitions. As used in this section:
(1) Coast Guard Patrol Commander means a commissioned, warrant, or
petty officer of the Coast Guard who has been designated by the
Commander, Coast Guard Sector Delaware Bay.
(2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
(c) Regulations.
(1) Except for persons or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel may enter or remain in the
regulated area.
(2) The operator of any vessel in the regulated area shall:
(i) Stop the vessel immediately when directed to do so by any
Official Patrol.
(ii) Proceed as directed by any official patrol.
(d) Enforcement period. This section will be enforced from 5 p.m.
to 10:30 p.m. on July 6, 2007.
Dated: March 27, 2007.
David L. Scott,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. E7-6779 Filed 4-10-07; 8:45 am]
BILLING CODE 4910-15-P