Safety Zone: Beverly Homecoming Fireworks, Beverly, MA, 32006-32008 [E7-11173]

Download as PDF 32006 Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules and Regulations 2007. Comments must reach the Coast Guard on or before December 15, 2007. ADDRESSES: You may mail comments and related material to Commander (dpb), First Coast Guard District Bridge Branch, One South Street, Battery Park Building, New York, New York, 10004, or deliver them to the same address between 7 a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The First Coast Guard District, Bridge Branch, maintains the public docket for this deviation. Comments and material received from the public, as well as documents indicated in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668–7195. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in evaluating this test schedule by submitting comments or related material. If you do so, please include your name and address, identify the docket number for this deviation (CGD01–07–045), 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 if they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. Comments must be received by December 15, 2007. rmajette on DSK8KYBLC1PROD with MISCELLANEOUS Background and Purpose The Loop Parkway Bridge has a vertical clearance in the closed position of 21 feet at mean high water and 25 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.799(f). New York State Department of Transportation requested a temporary deviation from the drawbridge operation regulations to test an alternate drawbridge operation schedule to help better balance the needs between vehicular land traffic and marine vessel traffic. Additionally, the Town of Hempstead has requested a temporary deviation to accommodate vehicular traffic during their Annual Salute to Veterans and Fireworks Display. Under this temporary deviation, in effect from June 25, 2007 through VerDate Mar<15>2010 12:20 Mar 07, 2011 Jkt 223001 November 30, 2007, the Loop Parkway Bridge at mile 0.7, across Long Creek, shall operate as follows: The bridge shall open on signal for all marine traffic, Monday through Friday twice an hour, at twenty and fifty minutes after the hour, from 6:20 a.m. to 7:20 p.m., except that, between 9:50 a.m. and 3:20 p.m., the bridge shall open on signal for all commercial vessels. On Saturday, Sunday, and Federal Holidays, the bridge shall open on signal twice an hour, at twenty and fifty minutes after the hour, between 7:20 a.m. and 8:20 p.m., except that, the bridge shall open on signal for all commercial vessels at all times. The bridge need not open for vessel traffic during the annual fireworks display from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, if needed. At all other times the bridge shall open on signal for all vessel traffic. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 1, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7–11179 Filed 6–8–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01–07–008] RIN 1625–AA00 Safety Zone: Beverly Homecoming Fireworks, Beverly, MA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone for the Beverly Homecoming Fireworks on August 5, 2007, temporarily closing all navigable waters of Beverly Harbor within a five hundred (500) yard radius of the fireworks barge located at approximate position 42°32.650′ N, 070°51.980′ W. The safety zone is necessary to protect the life and property of 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 Beverly Harbor during its closure period. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 This rule is effective from 8:30 p.m. EDT on August 5, 2007 until 11:30 p.m. EDT on August 5, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket are part of docket CGD01–07–008 and are available for inspection or copying at Sector Boston, 427 Commercial Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Petty Officer Joseph Yonker, Sector Boston, Waterways Management Division, at (617) 223–5007. SUPPLEMENTARY INFORMATION: DATES: Regulatory History On April 16, 2007, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Safety Zone; Beverly Homecoming Fireworks, Beverly Harbor, MA’’ in the Federal Register (72 FR 18931). We did not receive any letters commenting on the proposed rule. No public meeting was requested, and none was held. Background and Purpose This rule establishes a safety zone on the navigable waters of Beverly Harbor within a 500 yard radius around the fireworks barge located at approximate position 42°32.650′ N, 070°51.980′ W. The safety zone is in effect from 8:30 p.m. EDT until 11:30 p.m. EDT on August 5, 2007. The safety zone temporarily restricts movement within this portion of Beverly Harbor and is needed to protect the maritime public from the dangers posed by a 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 the event. Public notifications will be made prior to the effective period via marine information broadcasts and Local Notice to Mariners. Discussion of Comments and Changes The Coast Guard did not receive any comments from the public in response to the NPRM and as a result, no changes have been made to this temporary final rule. 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 E:\ERIC\11JNR1.SGM 11JNR1 Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules and Regulations Order. The Office of Management and Budget has not reviewed it under that Order. The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under of the regulatory policies and procedures of DHS is unnecessary. Although this rule prevents vessel traffic from transiting a portion of Beverly Harbor during the effective period, the effects of this regulation will not be significant for several reasons: Vessels will be excluded from the proscribed area for three hours, vessels will be able to operate in the majority of Marblehead 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 rmajette on DSK8KYBLC1PROD with MISCELLANEOUS Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we 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 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 Beverly Harbor from 8:30 p.m. EDT until 11:30 p.m. EDT on August 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 only three hours, vessel traffic can safely pass around the zone, and advance notifications will be made to the local maritime community by marine information broadcasts and Local Notice to Mariners. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. VerDate Mar<15>2010 12:20 Mar 07, 2011 Jkt 223001 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). 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 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 State, local or tribal governments, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 32007 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 pose 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 standard. Environment We have analyzed this rule under Commandant Instruction M16475.1D E:\ERIC\11JNR1.SGM 11JNR1 32008 Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules and Regulations and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under 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. This rule fits the category selected from paragraph (34)(g), as it would establish a safety zone to deal with an emergency situation and that safety zone would be in effect for only three hours. 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. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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 on VHF Channel 16 (156.8 MHz) to seek permission to do so. If permission is granted, vessel operators must comply with all directions given to them by the COTP or the COTP’s designated representative. Dated: May 31, 2007. James L. McDonald, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts. [FR Doc. E7–11173 Filed 6–8–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 44 CFR Part 67 1. The authority citation for part 165 continues to read as follows: Final Flood Elevation Determinations ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T01–008 to read as follows: ■ rmajette on DSK8KYBLC1PROD with MISCELLANEOUS § 165.T01–008 Safety Zone; Beverly Homecoming Fireworks, Beverly Harbor, Massachusetts. (a) Location. The following area is a safety zone: All navigable waters of Beverly Harbor within a 500 yard radius of the fireworks barge located at approximate position 42°32.650′ N, 070°51.980′ W. (b) Effective Date. This section is effective from 8:30 p.m. EDT until 11:30 p.m. EDT on August 5, 2007. (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 VerDate Mar<15>2010 12:20 Mar 07, 2011 Jkt 223001 Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering DATES: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Assistant Administrator of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. ■ Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: ■ E:\ERIC\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 32006-32008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11173]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-008]
RIN 1625-AA00


Safety Zone: Beverly Homecoming Fireworks, Beverly, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Beverly Homecoming Fireworks on August 5, 2007, temporarily closing 
all navigable waters of Beverly Harbor within a five hundred (500) yard 
radius of the fireworks barge located at approximate position 
42[deg]32.650' N, 070[deg]51.980' W. The safety zone is necessary to 
protect the life and property of 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 Beverly Harbor 
during its closure period.

DATES: This rule is effective from 8:30 p.m. EDT on August 5, 2007 
until 11:30 p.m. EDT on August 5, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
are part of docket CGD01-07-008 and are available for inspection or 
copying at Sector Boston, 427 Commercial Street, Boston, MA between the 
hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Joseph Yonker, Sector 
Boston, Waterways Management Division, at (617) 223-5007.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 16, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; Beverly Homecoming Fireworks, Beverly 
Harbor, MA'' in the Federal Register (72 FR 18931). We did not receive 
any letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    This rule establishes a safety zone on the navigable waters of 
Beverly Harbor within a 500 yard radius around the fireworks barge 
located at approximate position 42[deg]32.650' N, 070[deg]51.980' W. 
The safety zone is in effect from 8:30 p.m. EDT until 11:30 p.m. EDT on 
August 5, 2007.
    The safety zone temporarily restricts movement within this portion 
of Beverly Harbor and is needed to protect the maritime public from the 
dangers posed by a 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 
the event. Public notifications will be made prior to the effective 
period via marine information broadcasts and Local Notice to Mariners.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments from the public in 
response to the NPRM and as a result, no changes have been made to this 
temporary final rule.

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

[[Page 32007]]

Order. The Office of Management and Budget has not reviewed it under 
that Order.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under of the regulatory 
policies and procedures of DHS is unnecessary.
    Although this rule prevents vessel traffic from transiting a 
portion of Beverly Harbor during the effective period, the effects of 
this regulation will not be significant for several reasons: Vessels 
will be excluded from the proscribed area for three hours, vessels will 
be able to operate in the majority of Marblehead 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 
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 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 Beverly Harbor from 8:30 p.m. EDT until 11:30 
p.m. EDT on August 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 only three hours, vessel traffic can safely 
pass around the zone, and advance notifications will be made to the 
local maritime community by marine information broadcasts and Local 
Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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). 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 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 State, local or tribal governments, in the 
aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not pose 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 standard.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D

[[Page 32008]]

and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under 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. This rule 
fits the category selected from paragraph (34)(g), as it would 
establish a safety zone to deal with an emergency situation and that 
safety zone would be in effect for only three hours.
    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. 701; 50 U.S.C. 191; 
33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T01-008 to read as follows:


Sec.  165.T01-008  Safety Zone; Beverly Homecoming Fireworks, Beverly 
Harbor, Massachusetts.

    (a) Location. The following area is a safety zone:
    All navigable waters of Beverly Harbor within a 500 yard radius of 
the fireworks barge located at approximate position 42[deg]32.650' N, 
070[deg]51.980' W.
    (b) Effective Date. This section is effective from 8:30 p.m. EDT 
until 11:30 p.m. EDT on August 5, 2007.
    (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 on 
VHF Channel 16 (156.8 MHz) to seek permission to do so. If permission 
is granted, vessel operators must comply with all directions given to 
them by the COTP or the COTP's designated representative.

    Dated: May 31, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-11173 Filed 6-8-07; 8:45 am]
BILLING CODE 4910-15-P