Safety Zone; Town of Lynn Fourth of July Fireworks Display, Nahant Bay, MA, 34616-34618 [E7-12150]

Download as PDF 34616 Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedure; and related management system practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321– 4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. That paragraph applies because this event establishes a safety zone. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 (b) Effective period. This regulation is effective from 10 p.m. (local) to 10:30 p.m. (local), on July 4, 2007. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo, or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on-scene representative may be contacted on VHF Channel 16. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo or his on-scene representative. Dated: June 11, 2007. S.J. Ferguson, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E7–12141 Filed 6–22–07; 8:45 am] Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. BILLING CODE 4910–15–P For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND SECURITY Coast Guard 1. The authority citation for part 165 continues to read as follows: 33 CFR Part 165 Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 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. [CGD01–07–031] I 2. Add temporary § 165.T09–034 to read as follows: I pwalker on PROD1PC71 with RULES (a) Location. The following area is a temporary safety zone: All waters of Presque Isle Bay and Lake Erie, from surface to bottom, within a five hundred foot radius of position 42°08′41″ N, 080°06′40″ W. [DATUM: NAD 83]. 16:34 Jun 22, 2007 Jkt 211001 Safety Zone; Town of Lynn Fourth of July Fireworks Display, Nahant Bay, MA Coast Guard, DHS. Temporary final rule. AGENCY: § 165.T09–034 Safety zone; Mercyhurst College ‘‘Old Fashion 4th of July’’, Presque Isle Bay, Erie, PA. VerDate Aug<31>2005 RIN 1625–AA00 ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone for the Town of Lynn Fourth of July Fireworks on July 3, 2007, temporarily closing all navigable waters of Nahant Bay within a 500 yard radius of the fireworks barge located at approximate position 42°27′41.2″ N, 70°55′6.1″ W. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 Nahant Bay during the closure period. DATES: This rule is effective from 8:15 p.m. EDT on July 3, 2007 until 9:45 p.m. EDT on July 3, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD01–07– 031 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 We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The fireworks display is scheduled to occur on July 3, 2007, and there is insufficient time to conduct a notice and comment rulemaking. Any delay in the regulation’s effective date would be contrary to the public interest because the safety zone is needed to ensure the maritime public is protected from the potential harm associated with a fireworks display. For the same reasons, the Coast Guard finds, under 5 U.S.C. 553(d)(3), that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Background and Purpose This rule establishes a safety zone on the navigable waters of Nahant Bay within a 500 yard radius around the fireworks barge located at approximate position 42°27′41.2″ N, 70°55′6.1″ W. The safety zone is in effect from 8:15 p.m. EDT until 9:45 p.m. EDT on July 3, 2007. The safety zone temporarily restricts movement within this portion of Nahant Bay 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. E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Although this rule prevents vessel traffic from transiting a portion of Nahant Bay 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 one and one-half hours, vessels will be able to operate in the majority of Nahant Bay during the effective period, and advance notifications will be made to the local maritime community by marine information broadcasts and Local Notice to Mariners. pwalker on PROD1PC71 with RULES 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 Nahant Bay from 8:15 p.m. EDT until 9:45 p.m. EDT on July 3, 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 one and one-half 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 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. VerDate Aug<31>2005 16:34 Jun 22, 2007 Jkt 211001 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 affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 34617 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 standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D E:\FR\FM\25JNR1.SGM 25JNR1 34618 Federal Register / Vol. 72, No. 121 / Monday, June 25, 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 paragraph applies because the rule would establish a safety zone. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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 in advance. 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 25, 2007. James L. McDonald, Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts. [FR Doc. E7–12150 Filed 6–22–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 33 CFR Part 165 1. The authority citation for part 165 continues to read as follows: [CGD09–07–043] Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04– 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. Safety Zone; Independence Day Fireworks Display, St. Lawrence River, Alexandria Bay, NY 2. Add temporary § 165.T07–031 to read as follows: ACTION: I RIN 1625–AA00 I pwalker on PROD1PC71 with RULES § 165.T07–031 Safety Zone; Town of Lynn Fourth of July Fireworks Display, Nahant Bay, Massachusetts. (a) Location. The following area is a safety zone: All navigable waters of Nahant Bay, from surface to bottom, within a 500 yard radius of the fireworks barge located at approximate position 42°27′41.2″ N, 70°55′6.1″ W. (b) Effective Date. This section is effective from 8:15 p.m. EDT until 9:45 p.m. EDT on July 3, 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) in the enforcement of the safety zone. (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 COTP Boston or the COTP’s designated representative. (2) The safety zone is closed to all vessel traffic, except as may be VerDate Aug<31>2005 16:34 Jun 22, 2007 Jkt 211001 Coast Guard, DHS. Temporary final rule. AGENCY: SUMMARY: The Coast Guard is establishing a temporary safety zone on the St. Lawrence River near Alexandria Bay, NY. This zone is intended to restrict vessels from a portion of the St. Lawrence River during the Independence Day Fireworks Display on July 4, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This rule is effective from 9 p.m. (local) to 10 p.m. (local) on July 4, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD09–07– 043 and are available for inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Boulevard, Buffalo, NY 14203 between 8 a.m. (local) and 3 p.m. (local), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard Sector Buffalo; (716) 843–9573. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Coast Guard finds that good cause exists for not publishing an NPRM. The permit application was not received in time to publish an NPRM followed by a final rule before the effective date. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during this event and immediate action is necessary to prevent possible loss of life or property. The Coast Guard has not received any complaints or negative comments previously with regard to this event. For the same reasons, the Coast Guard also finds, under 5 U.S.C. 553(d)(3), that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Background and Purpose This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with a fireworks display. Based on accidents that have occurred in other Captain of the Port Zones, and the explosive hazards of fireworks, the Captain of the Port Buffalo has determined that fireworks launches proximate to watercraft pose a significant risk to public safety and property. The likely combination of large numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, and debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the location of the launch platform will help ensure the safety of persons and property at this event and help minimize the associated risks. Discussion of Rule A temporary safety zone is necessary to ensure the safety of spectators and vessels during the setup, loading and launching of a fireworks display in conjunction with the Independence Day Fireworks Display. The fireworks display will occur between 9 p.m. (local) and 10 p.m. (local) on July 4, 2007. The safety zone for the fireworks will encompass all waters of the St. Lawrence River at Heart Island, Alexandria Bay, NY within a seven hundred foot radius of position 44°20′42″ N, 075°55′16″ W. [DATUM: NAD 83]. All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or the designated onscene representative. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34616-34618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12150]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-07-031]
RIN 1625-AA00


Safety Zone; Town of Lynn Fourth of July Fireworks Display, 
Nahant Bay, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Town of Lynn Fourth of July Fireworks on July 3, 2007, temporarily 
closing all navigable waters of Nahant Bay within a 500 yard radius of 
the fireworks barge located at approximate position 42[deg]27'41.2'' N, 
70[deg]55'6.1'' 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 Nahant Bay during the closure period.

DATES: This rule is effective from 8:15 p.m. EDT on July 3, 2007 until 
9:45 p.m. EDT on July 3, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-07-031 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The fireworks display is 
scheduled to occur on July 3, 2007, and there is insufficient time to 
conduct a notice and comment rulemaking. Any delay in the regulation's 
effective date would be contrary to the public interest because the 
safety zone is needed to ensure the maritime public is protected from 
the potential harm associated with a fireworks display.
    For the same reasons, the Coast Guard finds, under 5 U.S.C. 
553(d)(3), that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

Background and Purpose

    This rule establishes a safety zone on the navigable waters of 
Nahant Bay within a 500 yard radius around the fireworks barge located 
at approximate position 42[deg]27'41.2'' N, 70[deg]55'6.1'' W. The 
safety zone is in effect from 8:15 p.m. EDT until 9:45 p.m. EDT on July 
3, 2007.
    The safety zone temporarily restricts movement within this portion 
of Nahant Bay 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.

[[Page 34617]]

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this rule prevents vessel traffic from transiting a 
portion of Nahant Bay 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 one and one-half hours, vessels 
will be able to operate in the majority of Nahant Bay 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 Nahant Bay from 8:15 p.m. EDT until 9:45 p.m. 
EDT on July 3, 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 one and one-half 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 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.
    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 affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

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

Environment

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

[[Page 34618]]

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 
paragraph applies because the rule would establish a safety zone.

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, 
195; 33 CFR 1.05-1, 6.04-1, 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.T07-031 to read as follows:


Sec.  165.T07-031  Safety Zone; Town of Lynn Fourth of July Fireworks 
Display, Nahant Bay, Massachusetts.

    (a) Location. The following area is a safety zone: All navigable 
waters of Nahant Bay, from surface to bottom, within a 500 yard radius 
of the fireworks barge located at approximate position 42[deg]27'41.2'' 
N, 70[deg]55'6.1'' W.
    (b) Effective Date. This section is effective from 8:15 p.m. EDT 
until 9:45 p.m. EDT on July 3, 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) in the enforcement of the 
safety zone.
    (2) [Reserved]
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into or movement within this zone by 
any person or vessel is prohibited unless authorized by the 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 in advance. 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 25, 2007.
James L. McDonald,
Captain, U. S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-12150 Filed 6-22-07; 8:45 am]
BILLING CODE 4910-15-P