Safety Zone: Salem Harbor Celebrates The 4th of July Fireworks-Boston, MA, 35171-35173 [E7-12364]
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations
(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 25, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the
Port, Boston, Massachusetts.
[FR Doc. E7–12368 Filed 6–26–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD01–07–073]
RIN 1625–AA00
Safety Zone: Salem Harbor Celebrates
The 4th of July Fireworks—Boston, MA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the ‘‘Salem Harbor Celebrates the 4th of
July Fireworks’’ display on July 4, 2007,
in Salem, Massachusetts. 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 the Pickering Wharf
Channel during its closure period.
DATES: This rule is effective from 8:45
p.m. until 10:15 p.m. on July 4, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD01–07–
073 and are available for inspection or
copying at Sector Boston, 427
Commercial Street, Boston, MA,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Joseph Yonker, Sector
Boston, Waterways Safety and Response
Division, at (617) 223–5007.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with RULES
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. An NPRM
VerDate Aug<31>2005
18:11 Jun 26, 2007
Jkt 211001
was not published for this regulation
because the logistics with respect to the
fireworks presentation were not
determined with sufficient time to draft
and publish an NPRM. Any delay
encountered in this regulation’s
effective date would be contrary to the
public interest since the safety zone is
needed to prevent traffic from transiting
a portion of the Pickering Wharf
Channel during the fireworks display
and to provide for the safety of life on
navigable waters.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay encountered in this
regulation’s effective date would be
contrary to the public interest since the
safety zone is needed to prevent traffic
from transiting a portion of the
Pickering Wharf Channel during the
fireworks event thus ensuring that the
maritime public is protected from any
potential harm associated with such an
event. The safety zone should have a
minimal negative impact on vessel
transits in the Pickering Wharf Channel
because vessels will be excluded from
the area for only one and a half hours,
and vessels can still operate in other
areas of the channel during the event.
Background and Purpose
‘‘City of Salem’’, the organization
responsible for Salem Celebrates the 4th
of July, is holding a fireworks display in
honor of Independence Day. This rule
establishes a temporary safety zone on
the navigable waters of the Pickering
Wharf Channel within a four hundred
(400) yard radius of the fireworks
launch site located at approximate
position 42°31.05′ N, 070°52.05′ W. This
safety zone is necessary to protect the
maritime public from the dangers posed
by this event. It will protect the public
by prohibiting entry into or movement
within the proscribed portion of the
Pickering Wharf Channel during the
fireworks display.
Marine traffic may transit safely
outside of the safety zone during the
enforcement period. The Captain of the
Port does not anticipate any negative
impact on vessel traffic due to this
event. Public notification will be made
prior to and during the effective period
via marine information broadcasts and
Local Notice to Mariners.
Discussion of Rule
This rule is effective from 8:45 p.m.
until 10:15 p.m. on July 4, 2007. Marine
traffic may transit safely outside of the
safety zone in the majority of the
Pickering Wharf Channel during the
event. Given the limited time-frame of
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Sfmt 4700
35171
the enforcement period of the safety
zone, the size of the channel and the
size of the safety zone itself, the Captain
of the Port anticipates minimal negative
impact on vessel traffic due to this
event. Public notifications will be made
prior to and during the enforcement
period via Local Notice to Mariners and
marine information broadcasts.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule will prevent traffic
from transiting a portion of the
Pickering Wharf Channel during this
event, the effect of this rule will not be
significant for several reasons: vessels
will be excluded from the area of the
safety zone for only one and one-half
hours, although vessels will not be able
to transit the channel in the vicinity of
the safety zone, they will be able to
operate in other areas of the channel
during the enforcement period; and
advance notification will be made to the
local maritime community by marine
information broadcasts and Local Notice
to Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
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 the Pickering Wharf
Channel from 8:45 p.m. until 10:15 p.m.
on July 4, 2007. This safety zone will
not have a significant economic impact
on a substantial number of small entities
for the reasons described under the
Regulatory Evaluation section.
Assistance for Small Entities
Under subsection 213(a) of the Small
Business Regulatory Enforcement
E:\FR\FM\27JNR1.SGM
27JNR1
35172
Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations
Fairness Act of 1996 [Pub. L. 104–121],
the Coast Guard wants to assist small
entities in understanding this rule so
that they can better evaluate its effects
on them and participate in the
rulemaking process. If this rule will
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please call Petty Officer Joseph Yonker,
Sector Boston, Waterways Management
Division, at (617) 223–5007.
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 the rule or any policy 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.
pwalker on PROD1PC71 with RULES
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
a 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
VerDate Aug<31>2005
18:11 Jun 26, 2007
Jkt 211001
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
PO 00000
Frm 00036
Fmt 4700
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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. This rule
fits the category selected from paragraph
(34)(g), as it would establish a safety
zone. A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 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.T01–073 to
read as follows:
I
§ 165.T01–073 Safety Zone: Salem
Celebrates the 4th of July Fireworks—
Salem, Massachusetts.
(a) Location. The following area is a
safety zone: All navigable waters of the
Pickering Wharf Channel within a four
hundred (400) yard radius of the
fireworks launch site located at
approximate position 42°31.05′ N,
070°52.05′ W.
(b) Enforcement Period. This rule is
effective from 8:45 p.m. until 10:15 p.m.
on July 4, 2007.
(c) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
E:\FR\FM\27JNR1.SGM
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations
coxswain, petty officer, or other officer
operating a Coast Guard vessel
authorized to act on behalf of the
Captain of the Port, Boston (COTP), and
a Federal, State, and local officer
designated by or assisting the COTP.
(d) Regulations. (1) In accordance
with the general regulations in section
165.23 of this part, entry into or
movement within this safety zone will
be prohibited unless authorized by the
Captain of the Port Boston.
(2) All vessel operators shall comply
with the instructions of the COTP or the
designated representative.
(3) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(4) 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: June 12, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the
Port, Boston, Massachusetts.
[FR Doc. E7–12364 Filed 6–26–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–035]
RIN 1625–AA00
Safety Zone; Seneca River Days,
Baldwinsville, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
pwalker on PROD1PC71 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Seneca River, Baldwinsville, NY.
This safety zone is intended to restrict
vessels from a portion of the Seneca
River during the Seneca River Days
fireworks display on July 6, 2007. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
This rule is effective from 9:30
p.m. to 10:30 p.m. on July 6, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
DATES:
VerDate Aug<31>2005
18:20 Jun 26, 2007
Jkt 211001
docket are part of docket CGD09–07–
035 and are available for inspection or
copying at U.S. Coast Guard Sector
Buffalo, 1 Fuhrmann Boulevard,
Buffalo, NY 14203 between 8 a.m. and
3 p.m. 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)(3)(B),
the 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.
Under 5 U.S.C. 553(d)(3), good cause
exists for making this rule effective
fewer than 30 days after publication in
the Federal Register. 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.
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 fireworks launches
proximate to watercraft pose 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, alcohol use, 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 these events
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 Seneca River Days
fireworks display. The fireworks display
will occur between 9:30 p.m. and 10:30
p.m. on July 6, 2007.
The safety zone for the fireworks will
encompass all waters of the Seneca
River, Baldwinsville, NY within a six
hundred foot radius of position
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35173
43°09′25″ N, 076°20′20″ W. [DATUM:
NAD 83].
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port Buffalo or the
designated on-scene 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
representative. The Captain of the Port
Buffalo or his designated on-scene
representative may be contacted via
VHF Channel 16.
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.
This determination is based on the
minimal time that vessels will be
restricted from the safety zone and the
safety zone is an area where the Coast
Guard expects insignificant adverse
impact to mariners from the safety
zone’s activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
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 and operators of
vessels intending to transit or anchor in
a portion of the Seneca River
Baldwinsville, NY between 9:30 p.m.
and 10:30 p.m. on July 6, 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 hour for one event.
Vessel traffic can safely pass outside the
safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Buffalo to transit
through the safety zone. The Coast
E:\FR\FM\27JNR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Rules and Regulations]
[Pages 35171-35173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12364]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-07-073]
RIN 1625-AA00
Safety Zone: Salem Harbor Celebrates The 4th of July Fireworks--
Boston, MA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the ``Salem Harbor Celebrates the 4th of July Fireworks'' display on
July 4, 2007, in Salem, Massachusetts. 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 the Pickering
Wharf Channel during its closure period.
DATES: This rule is effective from 8:45 p.m. until 10:15 p.m. on July
4, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-07-073 and are available for
inspection or copying at Sector Boston, 427 Commercial Street, Boston,
MA, between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Joseph Yonker, Sector
Boston, Waterways Safety and Response Division, at (617) 223-5007.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. An NPRM was not published for
this regulation because the logistics with respect to the fireworks
presentation were not determined with sufficient time to draft and
publish an NPRM. Any delay encountered in this regulation's effective
date would be contrary to the public interest since the safety zone is
needed to prevent traffic from transiting a portion of the Pickering
Wharf Channel during the fireworks display and to provide for the
safety of life on navigable waters.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay encountered in this
regulation's effective date would be contrary to the public interest
since the safety zone is needed to prevent traffic from transiting a
portion of the Pickering Wharf Channel during the fireworks event thus
ensuring that the maritime public is protected from any potential harm
associated with such an event. The safety zone should have a minimal
negative impact on vessel transits in the Pickering Wharf Channel
because vessels will be excluded from the area for only one and a half
hours, and vessels can still operate in other areas of the channel
during the event.
Background and Purpose
``City of Salem'', the organization responsible for Salem
Celebrates the 4th of July, is holding a fireworks display in honor of
Independence Day. This rule establishes a temporary safety zone on the
navigable waters of the Pickering Wharf Channel within a four hundred
(400) yard radius of the fireworks launch site located at approximate
position 42[deg]31.05' N, 070[deg]52.05' W. This safety zone is
necessary to protect the maritime public from the dangers posed by this
event. It will protect the public by prohibiting entry into or movement
within the proscribed portion of the Pickering Wharf Channel during the
fireworks display.
Marine traffic may transit safely outside of the safety zone during
the enforcement period. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this event. Public
notification will be made prior to and during the effective period via
marine information broadcasts and Local Notice to Mariners.
Discussion of Rule
This rule is effective from 8:45 p.m. until 10:15 p.m. on July 4,
2007. Marine traffic may transit safely outside of the safety zone in
the majority of the Pickering Wharf Channel during the event. Given the
limited time-frame of the enforcement period of the safety zone, the
size of the channel and the size of the safety zone itself, the Captain
of the Port anticipates minimal negative impact on vessel traffic due
to this event. Public notifications will be made prior to and during
the enforcement period via Local Notice to Mariners and marine
information broadcasts.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule will prevent traffic from transiting a portion
of the Pickering Wharf Channel during this event, the effect of this
rule will not be significant for several reasons: vessels will be
excluded from the area of the safety zone for only one and one-half
hours, although vessels will not be able to transit the channel in the
vicinity of the safety zone, they will be able to operate in other
areas of the channel during the enforcement period; and advance
notification will be made to the local maritime community by marine
information broadcasts and Local Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit 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 the Pickering Wharf Channel from 8:45
p.m. until 10:15 p.m. on July 4, 2007. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the reasons described under the Regulatory Evaluation section.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement
[[Page 35172]]
Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard wants to assist
small entities in understanding this rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call Petty Officer Joseph
Yonker, Sector Boston, Waterways Management Division, at (617) 223-
5007.
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 the rule or any policy 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 a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such a expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
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. This rule fits the category selected from paragraph
(34)(g), as it would establish a safety zone. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 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.T01-073 to read as follows:
Sec. 165.T01-073 Safety Zone: Salem Celebrates the 4th of July
Fireworks--Salem, Massachusetts.
(a) Location. The following area is a safety zone: All navigable
waters of the Pickering Wharf Channel within a four hundred (400) yard
radius of the fireworks launch site located at approximate position
42[deg]31.05' N, 070[deg]52.05' W.
(b) Enforcement Period. This rule is effective from 8:45 p.m. until
10:15 p.m. on July 4, 2007.
(c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard
[[Page 35173]]
coxswain, petty officer, or other officer operating a Coast Guard
vessel authorized to act on behalf of the Captain of the Port, Boston
(COTP), and a Federal, State, and local officer designated by or
assisting the COTP.
(d) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into or movement within this safety
zone will be prohibited unless authorized by the Captain of the Port
Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated representative.
(3) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(4) 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: June 12, 2007.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. E7-12364 Filed 6-26-07; 8:45 am]
BILLING CODE 4910-15-P
