Safety Zone; Fireworks Display, Patuxent River, Calvert County, MD, 18176-18179 [E7-6782]
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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
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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,
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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
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules
of this docket and will be available for
inspection or copying at Commander,
U.S. Coast Guard Sector Baltimore, 2401
Hawkins Point Road, Building 70,
Waterways Management Division,
Baltimore, Maryland 21226–1791,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald L. Houck, at Coast Guard Sector
Baltimore, Waterways Management
Division, at telephone number (410)
576–2674 or (410) 576–2693.
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 (CGD05–07–037),
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.
cprice-sewell on PRODPC61 with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Coast Guard
Sector Baltimore, Waterways
Management Division, at the address
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
Each year, thousands of spectators
attend outdoor fireworks displays
discharged from vessels or floating
platforms on or near the navigable
waters of the United States. Accidental
discharge of fireworks and falling hot
embers are a safety concern during such
events. The Coast Guard has the
authority to impose appropriate controls
on marine events that may pose a threat
to persons, vessels and facilities under
its jurisdiction. The Coast Guard
proposes to establish a safety zone that
will be enforced during a fireworks
display held over the Patuxent River,
near Solomons, in Calvert County,
Maryland. The proposed rule is needed
to control movement through a portion
of the waterway that is expected to be
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Jkt 211001
populated by vessels seeking to view the
fireworks display.
Discussion of Proposed Rule
On July 4, 2007, the Solomons Island
Business Association, will sponsor an
Independence Day celebration fireworks
display launched from two adjoining
barges located on the Patuxent River
near Solomons, in Calvert County,
Maryland. The planned event includes
an aerial fireworks display beginning at
9 p.m. Due to the need for vessel control
during the fireworks display, vessel
traffic will be restricted to provide for
the safety of spectators and transiting
vessels.
The purpose of this rule is to promote
maritime safety, and to protect the
environment and mariners transiting the
area from the potential hazards due to
falling embers or other debris associated
with a fireworks display from a barge.
This rule proposes to establish a safety
zone on the waters of the Patuxent
River, within a radius of 400 yards
around a fireworks barge, which will be
located at position latitude 38°19′03.0″
N, longitude 076°26′07.6″ W. The Coast
Guard anticipates a large recreational
boating spectator fleet during this event.
The rule will impact the movement of
all vessels operating in a specified area
of the Patuxent River. Interference with
normal port operations is unlikely;
however, if required, will be kept to the
minimum considered necessary to
ensure the safety of life on the navigable
waters immediately before, during, and
after the scheduled event.
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. The safety zone will be in
effect for only two and one-half hours
on one day of the year, commercial
traffic in the area is limited, and vessels
not constrained by their draft may
proceed safely around the safety zone.
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
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18177
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities: The owners or operators of
vessels intending to operate, remain or
anchor within certain waters of the
Patuxent River, within a radius of 400
yards around a fireworks barge located
at position latitude 38°19′03.0″ N,
longitude 076°26′07.6″ W, from 7:30
p.m. to 10 p.m. on July 4, 2007, and if
necessary due to inclement weather,
from 7:30 p.m. to 10 p.m. on July 5,
2007. This safety zone 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 two and one-half hours,
commercial vessel traffic in this area is
limited, vessels not constrained by their
draft may proceed safely around the
safety zone, and the Coast Guard will
issue maritime advisories widely
available to users of the river before the
effective period.
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 section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Coast Guard
Sector Baltimore, Waterways
Management Division, at telephone
number (410) 576–2674. 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 would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
E:\FR\FM\11APP1.SGM
11APP1
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Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules
Federalism
Energy Effects
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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.
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 would 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 would 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
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 would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
cprice-sewell on PRODPC61 with PROPOSALS
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.
VerDate Aug<31>2005
14:48 Apr 10, 2007
Jkt 211001
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. This rule
establishes a safety zone.
A preliminary ‘‘Environmental
Analysis Check List’’ will be available
in the docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether this rule
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
should be categorically excluded 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.T05–037 to
read as follows:
§ 165.T05–037 Safety zone; Fireworks
display, Patuxent River, Calvert County,
MD.
(a) Location. The following area is a
safety zone: All waters of the Patuxent
River near Solomons, in Calvert County,
Maryland, surface to bottom, within a
radius of 400 yards around a fireworks
barge which will be located at position
latitude 38°19′03.0″ N, longitude
076°26′07.6″ W. All coordinates
reference Datum NAD 1983.
(b) Definition. The Captain of the Port
Baltimore means the Commander, Coast
Guard Sector Baltimore or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his behalf.
(c) Regulations. The general
regulations governing safety zones,
found in Sec. 165.23, apply to the safety
zone described in paragraph (a) of this
section.
(1) All vessels and persons are
prohibited from entering this zone,
except as authorized by the Captain of
the Port, Baltimore, Maryland.
(2) Persons or vessels requiring entry
into or passage within the zone must
request authorization from the Captain
of the Port or his designated
representative by telephone at (410)
576–2693 or by marine band radio on
VHF channel 16 (156.8 MHz).
(3) All Coast Guard vessels enforcing
this safety zone can be contacted on
marine band radio VHF channel 16
(156.8 MHz).
(4) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
E:\FR\FM\11APP1.SGM
11APP1
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules
on board a vessel displaying a Coast
Guard Ensign, and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State and local agencies.
(e) Enforcement period. This section
will be enforced from 7:30 p.m. to 10
p.m. on July 4, 2007, and if necessary
due to inclement weather, from 7:30
p.m. to 10 p.m. on July 5, 2007.
Dated: April 2, 2007.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Baltimore, Maryland.
[FR Doc. E7–6782 Filed 4–10–07; 8:45 am]
BILLING CODE 4910–15–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1192
[Docket No. 2007–1]
RIN 3014–AA38
Americans With Disabilities Act (ADA)
Accessibility Guidelines for
Transportation Vehicles
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Availability of draft revisions to
guidelines.
cprice-sewell on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: The Architectural and
Transportation Barriers Compliance
Board (Access Board) has placed in the
docket and on its web site for public
review and comment draft revisions to
the Americans with Disabilities Act
(ADA) Accessibility Guidelines for
Transportation Vehicles. The draft
revisions to the guidelines cover only
buses, vans and similar vehicles. Draft
revisions to the guidelines for other
modes will be issued later. Comments
will be accepted on the draft revisions
to the guidelines, and the Access Board
will consider those comments prior to
issuing a notice of proposed rulemaking
to update the guidelines.
DATES: Comments on the draft revisions
to the guidelines must be received by
June 11, 2007.
ADDRESSES: Comments should be sent to
Docket 2007–1, Office of Technical and
Informational Services, Architectural
and Transportation Barriers Compliance
Board, 1331 F Street, NW., suite 1000,
Washington, DC 20004–1111. E-mail
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14:48 Apr 10, 2007
Jkt 211001
comments should be sent to
cannon@access-board.gov. Comments
sent by e-mail will be considered only
if they contain the full name and
address of the sender in the text.
Comments will be available for
inspection at the above address from 9
a.m. to 5 p.m. on regular business days.
FOR FURTHER INFORMATION CONTACT:
Dennis Cannon, Office of Technical and
Information Services, Architectural and
Transportation Barriers Compliance
Board, 1331 F Street, NW., suite 1000,
Washington DC 20004–1111. Telephone
number: (202) 272–0015 (voice); (202)
272–0082 (TTY). Electronic mail
address: cannon@access-board.gov.
SUPPLEMENTARY INFORMATION: In 1991,
the Architectural and Transportation
Barriers Compliance Board (Access
Board) issued the Americans with
Disabilities Act (ADA) Accessibility
Guidelines for Transportation Vehicles,
which is codified at 36 CFR part 1192.
The guidelines have not been updated
since they were issued, except for
modifications for over-the-road buses in
1994. The Access Board is beginning the
process of updating the guidelines by
publishing draft revisions to subparts A
and B of 36 CFR part 1192, which
contain general provisions and cover
buses, vans and similar vehicles. Draft
revisions to other subparts, which cover
other modes, will be available later.
Changes are proposed to accommodate
new technology and vehicles, and new
system designs, particularly Bus Rapid
Transit.
Subsequent to issuance of the
guidelines in 1991, the National
Highway Traffic Safety Administration
(NHTSA) issued regulations for vehicle
lifts. The Access Board will coordinate
its rulemaking with NHTSA to ensure
consistency.
The Access Board is making the draft
revisions to the guidelines and
supplemental information available for
public review and comment prior to
issuing a notice of proposed rulemaking
to update the guidelines. Comments on
the draft revisions to the guidelines will
be considered by the Access Board in
developing the notice of proposed
rulemaking to update the guidelines,
which will also be open for public
comment. The draft revisions to the
guidelines and supplementary
information are available on the Access
Board’s Internet site (https://www.accessboard.gov/vguidedraft.htm). You may
also obtain a copy of the draft guidelines
and supplementary information by
contacting the Access Board at (202)
272–0080. Persons using a TTY should
call (202) 272–0082. The documents are
available in alternate formats upon
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18179
request. Persons who want a copy in an
alternate format should specify the type
of format (cassette tape, Braille, large
print, or ASCII disk.)
James J. Raggio,
General Counsel.
[FR Doc. E7–6722 Filed 4–10–07; 8:45 am]
BILLING CODE 8150–01–P
POSTAL SERVICE
39 CFR Part 111
New Standards for Periodicals Mailing
Services
Postal Service.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This proposed rule provides
the revisions to Mailing Standards of
the United States Postal Service,
Domestic Mail Manual (DMM) that we
propose to adopt in support of the new
Periodicals pricing and price structure
to be implemented on July 15, 2007.
The new prices will enhance
efficiency, offer more choices, and better
ensure that all types of Periodicals mail
cover their costs. Periodicals mailers
will have new incentives to use efficient
containers and bundles, and
copalletization will become a
permanent offering to encourage more
publishers to combine mailings. We also
add new prices for the editorial portion
of a mailing to give mailers of higheditorial-content publications access to
lower destination entry rates.
DATES: We must receive your comments
on or before April 25, 2007.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington, DC 20260–3436. You may
inspect and photocopy all written
comments at USPS Headquarters
Library, 475 L’Enfant Plaza, SW., 11th
Floor N., Washington, DC, between 9
a.m. and 4 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Joel
Walker, 202–268–7266; or Carrie Witt,
202–268–7279.
SUPPLEMENTARY INFORMATION: On May
14, 2007, the Postal Service will adopt
new prices and mailing standards to
support the majority of the Docket No.
R2006–1 pricing change recommended
by the Postal Regulatory Commission
and accepted by the Governors of the
United States Postal Service. The Postal
Service Board of Governors is delaying
the implementation of new Periodicals
prices and mailing standards until July
15, 2007, to give postal employees and
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11APP1
]]>Agencies
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Proposed Rules]
[Pages 18176-18179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6782]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-07-037]
RIN 1625-AA00
Safety Zone; Fireworks Display, Patuxent River, Calvert County,
MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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
[[Page 18177]]
of this docket and will be available for inspection or copying at
Commander, U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road,
Building 70, Waterways Management Division, Baltimore, Maryland 21226-
1791, between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald L. Houck, at Coast Guard
Sector Baltimore, Waterways Management Division, at telephone number
(410) 576-2674 or (410) 576-2693.
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-
037), 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 Coast Guard Sector Baltimore,
Waterways Management Division, at the address 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
Each year, thousands of spectators attend outdoor fireworks
displays discharged from vessels or floating platforms on or near the
navigable waters of the United States. Accidental discharge of
fireworks and falling hot embers are a safety concern during such
events. The Coast Guard has the authority to impose appropriate
controls on marine events that may pose a threat to persons, vessels
and facilities under its jurisdiction. The Coast Guard proposes to
establish a safety zone that will be enforced during a fireworks
display held over the Patuxent River, near Solomons, in Calvert County,
Maryland. The proposed rule is needed to control movement through a
portion of the waterway that is expected to be populated by vessels
seeking to view the fireworks display.
Discussion of Proposed Rule
On July 4, 2007, the Solomons Island Business Association, will
sponsor an Independence Day celebration fireworks display launched from
two adjoining barges located on the Patuxent River near Solomons, in
Calvert County, Maryland. The planned event includes an aerial
fireworks display beginning at 9 p.m. Due to the need for vessel
control during the fireworks display, vessel traffic will be restricted
to provide for the safety of spectators and transiting vessels.
The purpose of this rule is to promote maritime safety, and to
protect the environment and mariners transiting the area from the
potential hazards due to falling embers or other debris associated with
a fireworks display from a barge. This rule proposes to establish a
safety zone on the waters of the Patuxent River, within a radius of 400
yards around a fireworks barge, which will be located at position
latitude 38[deg]19'03.0'' N, longitude 076[deg]26'07.6'' W. The Coast
Guard anticipates a large recreational boating spectator fleet during
this event. The rule will impact the movement of all vessels operating
in a specified area of the Patuxent River. Interference with normal
port operations is unlikely; however, if required, will be kept to the
minimum considered necessary to ensure the safety of life on the
navigable waters immediately before, during, and after the scheduled
event.
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The safety
zone will be in effect for only two and one-half hours on one day of
the year, commercial traffic in the area is limited, and vessels not
constrained by their draft may proceed safely around the safety zone.
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities: The owners or operators of vessels intending
to operate, remain or anchor within certain waters of the Patuxent
River, within a radius of 400 yards around a fireworks barge located at
position latitude 38[deg]19'03.0'' N, longitude 076[deg]26'07.6'' W,
from 7:30 p.m. to 10 p.m. on July 4, 2007, and if necessary due to
inclement weather, from 7:30 p.m. to 10 p.m. on July 5, 2007. This
safety zone 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 two and one-half hours, commercial vessel
traffic in this area is limited, vessels not constrained by their draft
may proceed safely around the safety zone, and the Coast Guard will
issue maritime advisories widely available to users of the river before
the effective period.
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 section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Coast Guard Sector Baltimore,
Waterways Management Division, at telephone number (410) 576-2674. 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 would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
[[Page 18178]]
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 would 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 would 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 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 would not
create an 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.
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. This rule
establishes a safety zone.
A preliminary ``Environmental Analysis Check List'' will be
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether this rule should be categorically excluded 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.T05-037 to read as follows:
Sec. 165.T05-037 Safety zone; Fireworks display, Patuxent River,
Calvert County, MD.
(a) Location. The following area is a safety zone: All waters of
the Patuxent River near Solomons, in Calvert County, Maryland, surface
to bottom, within a radius of 400 yards around a fireworks barge which
will be located at position latitude 38[deg]19[min]03.0[sec] N,
longitude 076[deg]26[min]07.6[sec] W. All coordinates reference Datum
NAD 1983.
(b) Definition. The Captain of the Port Baltimore means the
Commander, Coast Guard Sector Baltimore or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(c) Regulations. The general regulations governing safety zones,
found in Sec. 165.23, apply to the safety zone described in paragraph
(a) of this section.
(1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Captain of the Port, Baltimore, Maryland.
(2) Persons or vessels requiring entry into or passage within the
zone must request authorization from the Captain of the Port or his
designated representative by telephone at (410) 576-2693 or by marine
band radio on VHF channel 16 (156.8 MHz).
(3) All Coast Guard vessels enforcing this safety zone can be
contacted on marine band radio VHF channel 16 (156.8 MHz).
(4) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer
[[Page 18179]]
on board a vessel displaying a Coast Guard Ensign, and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(e) Enforcement period. This section will be enforced from 7:30
p.m. to 10 p.m. on July 4, 2007, and if necessary due to inclement
weather, from 7:30 p.m. to 10 p.m. on July 5, 2007.
Dated: April 2, 2007.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore,
Maryland.
[FR Doc. E7-6782 Filed 4-10-07; 8:45 am]
BILLING CODE 4910-15-P
