Safety Zone: City of West Haven Fireworks, Bradley Point, West Haven, CT, 65275-65278 [E7-22613]
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Federal Register / Vol. 72, No. 223 / Tuesday, November 20, 2007 / Proposed Rules
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter, ‘Fair
Play’ is a term of viticultural
significance.’’
§ 9.169
[Amended]
153. Section 9.169 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter, ‘Red
Hills of Lake County’ and ‘Red Hills
Lake County’ are terms of viticultural
significance.’’
§ 9.170
[Amended]
154. Section 9.170 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter, ‘Long
Island’ is a term of viticultural
significance.’’
§ 9.171
[Amended]
155. Section 9.171 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter, ‘San
Bernabe’ is a term of viticultural
significance.’’
§ 9.172
[Amended]
156. Section 9.172 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter, ‘West
Elks’ is a term of viticultural
significance.’’
§ 9.173
[Amended]
157. Section 9.173 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Rockpile’ is a term of viticultural
significance.’’
§ 9.174
[Amended]
[Amended]
rmajette on PROD1PC64 with PROPOSALS
[Amended]
160. Section 9.177 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Alexandria Lakes’ is a term of
viticultural significance.’’
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§ 9.179
[Amended]
162. Section 9.179 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Southern Oregon’ is a term of
viticultural significance.’’
§ 9.180
[Amended]
163. Section 9.180 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Dundee’ and ‘Dundee Hills’ are terms of
viticultural significance.’’
§ 9.181
164. Section 9.181 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘McMinnville’ is a term of viticultural
significance.’’
§ 9.182
[Amended]
165. Section 9.182 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Ribbon Ridge’ is a term of viticultural
significance.’’
§ 9.184
§ 70.701
[Amended]
169. Section 70.701 is amended by
adding a sentence at the end of
paragraph (c) to read as follows: ‘‘A
petition to establish a new American
viticultural area or to modify an existing
American viticultural area is subject to
the rules in part 9 of this chapter.’’
Signed: October 18, 2007.
John J. Manfreda,
Administrator.
Approved: November 7, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E7–22717 Filed 11–19–07; 8:45 am]
BILLING CODE 4810–31–P
[Amended]
PART 70—PROCEDURE AND
ADMINISTRATION
168. The authority citation for part 70
continues to read as follows:
Authority: 5 U.S.C. 301 and 552; 26 U.S.C.
4181, 4182, 5146, 5203, 5207, 5275, 5367,
5415, 5504, 5555, 5684(a), 5741, 5761(b),
5802, 6020, 6021, 6064, 6102, 6155, 6159,
6201, 6203, 6204, 6301, 6303, 6311, 6313,
6314, 6321, 6323, 6325, 6326, 6331–6343,
6401–6404, 6407, 6416, 6423, 6501–6503,
6511, 6513, 6514, 6532, 6601, 6602, 6611,
6621, 6622, 6651, 6653, 6656–6658, 6665,
6671, 6672, 6701, 6723, 6801, 6862, 6863,
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2007–0064]
RIN 1625–AA00
Safety Zone: City of West Haven
Fireworks, Bradley Point, West Haven,
CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
[Amended]
167. Section 9.184 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Trinity Lakes’’ is a term of viticultural
significance.’’
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6901, 7011, 7101, 7102, 7121, 7122, 7207,
7209, 7214, 7304, 7401, 7403, 7406, 7423,
7424, 7425, 7426, 7429, 7430, 7432, 7502,
7503, 7505, 7506, 7513, 7601–7606, 7608–
7610, 7622, 7623, 7653, 7805.
[Amended]
166. Section 9.183 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Yamhill-Carlton District’ is a term of
viticultural significance.’’
159. Section 9.176 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Capay’ and ‘Capay Valley’ are terms of
viticultural significance.’’
§ 9.177
[Amended]
161. Section 9.178 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Columbia Gorge’ is a term of
viticultural significance.’’
§ 9.183
158. Section 9.174 is amended by
adding a sentence at the end of
paragraph (a) to read as follows: ‘‘For
purposes of part 4 of this chapter,
‘Yadkin’ and ‘Yadkin Valley’ are terms
of viticultural significance.’’
§ 9.176
§ 9.178
65275
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ACTION:
SUMMARY: The Coast Guard proposes to
amend the permanent safety zone for
the City of West Haven Fireworks by
establishing the zone around a fireworks
launch site at the approximate position
41°15′7″ N, 72°57′26″ W. This change to
the zone would allow the zone to be
established around the launch site,
whether it is on a barge or on shore.
Establishment of this safety zone is
necessary to protect recreational vessel
traffic, spectators, and those operating
the fireworks display.
DATES: Comments and related material
must reach the Coast Guard on or before
January 22, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2007–0064 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
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Federal Register / Vol. 72, No. 223 / Tuesday, November 20, 2007 / Proposed Rules
Transportation, West Building, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Lieutenant Douglas Miller,
Chief, Waterways Management Division,
Coast Guard Sector Long Island Sound
at (203) 468–4596. If you have questions
on viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
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Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2007–0064),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, please
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying. If you submit them by mail and
would like to know that they reached
the Facility, please enclose a stamped,
self-addressed postcard or envelope. We
will consider all comments and material
received during the comment period.
We may change this proposed rule in
view of them.
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Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2007–0064) in the Docket ID
box, and click enter. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to Coast Guard Sector Long
Island Sound at the address under
ADDRESSES explaining why one would
be beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The City of West Haven, Connecticut,
holds an annual fireworks display off of
Bradley Point in New Haven harbor. To
protect the maritime public from the
hazards associated with the fireworks
display, a permanent safety zone was
established and the regulation is
currently is found at 33 CFR
165.151(a)(5). The regulation states that
all the waters of New Haven Harbor
within a 1200-foot radius of the
fireworks barge, at the approximate
position 41°15′7″ N, 72°57′26″ W, be
included in the regulated area. The
event organizers have determined that at
times the fireworks may need to be
launched from a site on land rather than
only from a barge. The new regulation
would include all the waters of New
Haven Harbor within a 1200-foot radius
of the fireworks launch site, at the
approximate position 41°15′7″ N,
72°57′26″ W. This change to the
permanent safety zone would cover
those instances when the fireworks are
launched from land or a barge as
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opposed to only being launched from a
barge.
Discussion of Proposed Rule
The Coast Guard proposes to amend
the regulation at 33 CFR 165.151(a)(5) to
replace the word ‘‘barge’’ with the word
‘‘site’’. This change would allow the
safety zone to be established upon the
navigable waters in a 1200-foot radius of
the fireworks launch site, whether it is
from a barge or from land. The
establishment of this safety zone around
either launch site is necessary to protect
the maritime public, spectators and
fireworks technicians from the hazards
associated with the fireworks display by
keeping all vessels and persons outside
of the safety zone unless they have
authorization from the Captain of the
Port, Long Island Sound.
Regulatory Evaluation
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. This regulation may have
some impact on the public, but the
potential impact will be minimized for
the following reasons: The zone would
only be enforced for a temporary period
on the day of the event and vessels may
transit in all areas around the zone at all
times.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
may be small entities: The owner or
operators of vessels intending to transit
or anchor in the vicinity of Bradley
Point on the day of the event.
For the reasons outlined in the
Regulatory Evaluation section above,
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Federal Register / Vol. 72, No. 223 / Tuesday, November 20, 2007 / Proposed Rules
this rule will not have a significant
impact on a substantial number of small
entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Lieutenant
Douglas Miller, Chief, Waterways
Management Division, Coast Guard
Sector Long Island Sound at (203) 468–
4596. The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
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Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
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65277
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226 and 1231; 46
U.S.C. Chapter 701; 50 U.S.C. 191 and 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. Amend § 165.151 by revising
paragraph (a)(5) to read as follows:
§ 165.151 Safety Zones; Long Island
Sound annual fireworks displays.
(a) * * *
(5) City of West Haven Fireworks
Safety Zone. All waters of New Haven
Harbor on Long Island Sound off
Bradley Point within a 1200-foot radius
of the fireworks launch site in
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Federal Register / Vol. 72, No. 223 / Tuesday, November 20, 2007 / Proposed Rules
approximate position 41°15′7″ N,
72°57′26″ W.
*
*
*
*
*
Dated: October 25, 2007.
D.A. Ronan,
Captain, U.S. Coast GuardCaptain of the Port,
Long Island Sound.
[FR Doc. E7–22613 Filed 11–19–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD53
Special Regulations; Areas of the
National Park System
National Park Service, Interior
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The National Park Service is
proposing this rule to provide for the
protection of the Western Snowy Plover
(Charadrius alexandrinus nivosus), a
species listed as threatened under the
Endangered Species Act. Western
Snowy Plovers overwinter within
Golden Gate National Recreation Area
(GGNRA) at both Crissy Field and
Ocean Beach. This rulemaking will
provide temporary protection for two
areas until a permanent determination is
made through the planning process for
the entire park. The park is developing
a Dog Management Plan/Environmental
Impact Statement (EIS) and special
regulations for dog management at
GGNRA is expected to be completed by
winter 2009.
DATES: Comments must be received by
January 22, 2008.
ADDRESSES: You may submit comments,
identified by the number RIN 1024–
AD53, by any of the following methods:
—Federal rulemaking portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
—Mail or hand delivery to
Superintendent, Golden Gate National
Recreation Area, Fort Mason, Building
201, San Francisco, CA 94123.
Attention: Snowy Plover Protection
Rule.
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FOR FURTHER INFORMATION CONTACT:
Brian O’Neill, General Superintendent,
Golden Gate National Recreation Area,
Fort Mason, Building 201, San
Francisco, CA 94123. (415) 561–4728.
SUPPLEMENTARY INFORMATION:
Background
In November 2006 and July 2007,
Golden Gate National Recreation Area
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(GGNRA) adopted emergency regulatory
provisions under 36 CFR 1.5, requiring
all dogs to be on-leash on a portion of
Crissy Field designated as the Wildlife
Protection Area (WPA) and on a portion
of Ocean Beach designated as the
Snowy Plover Protection Area (SPPA).
The emergency restrictions in these two
areas were established for the protection
of the federally listed Western Snowy
Plover. These emergency restrictions are
temporary and necessary until the
completion of this rulemaking.
The Western Snowy Plover was listed
as a threatened species under the
Endangered Species Act (‘‘Act’’) in
1993. The plover’s listing was due, in
part, to significant declines in
population numbers and distribution
attributed to habitat loss and increased
predation resulting from human
disturbance and development. Among
other things, the plover’s threatened
status affords it protection from
harassment. The regulations that
implement the Act define ‘‘harass’’ as
‘‘an intentional or negligent act or
omission which creates the likelihood of
injury to wildlife by annoying it to such
an extent as to significantly disrupt
normal behavior patterns which
include, but are not limited to, breeding,
feeding, or sheltering.’’
Snowy Plovers weigh less than two
ounces and because of their small size,
cryptic habits, and coloration, are hard
to see with the untrained eye. Plovers
feed on invertebrates found in the wet
sand, amongst surf-cast kelp and debris
within the intertidal zone, and in dry
sandy areas or amidst low foredune
vegetation above the high tide line.
When resting, Snowy Plovers usually
take shelter in footprints, vehicle tracks,
or the lee of kelp, driftwood or sparsely
vegetated low foredunes on the widest
areas of beaches. Snowy Plovers are
particular in their habitat choices; they
need to rest and feed on wide, flat, open
beaches where they can see potential
predators approaching. These
conditions are found at Crissy Field and
Ocean Beach. Snowy plovers do not
nest in the park; they overwinter in the
park from approximately July through
April. During the overwintering period,
Snowy Plovers rest and feed to gather
reserves necessary to successfully breed
at other more suitable nesting locations
up and down the Pacific coast.
Snowy Plovers continue to be
threatened by degradation and loss of
breeding and wintering habitat caused
by expanding beach-front development,
encroachment of introduced European
beachgrass (Ammophila arenaria), and
intense recreational use of beaches. Poor
reproductive success is frequently the
result of human disturbance, predation,
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or inclement weather, These factors,
combined with habitat loss, led to the
overall decline in active nesting
colonies and breeding and wintering
populations along the Pacific coast, and
prompted its federal listing as a
threatened species in 1993.
Snowy Plover monitoring data from
the 2006–2007 overwintering season
was analyzed by the NPS and compiled
in an addendum to the November 2006
report, (‘‘Addendum: 2006 Plover
Monitoring’’, dated June 29, 2007). Data
from 2006–2007 overwintering season
confirmed that even though the
emergency restrictions reduced the
numbers of off leash dogs, there were
still high numbers of off leash dogs and
dogs chasing shorebirds during the
2006–2007 overwintering season
constituting an ongoing threat to
Western Snowy Plovers. Increased
enforcement of the restrictions during
the 2007–2008 season would help to
reduce this threat.
Description of the Golden Gate National
Recreation Area
GGNRA was established in 1972. The
lands that constitute GGNRA extend
north of the Golden Gate Bridge (the
entrance to the San Francisco and San
Pablo Bays) to Tomales Bay in Marin
County, and south to the San Francisco
watersheds and beyond in San Mateo
County. The park’s legislated boundary
encompasses nearly 80,000 acres of land
and water, including 59 miles of bay
and ocean shoreline. The GGNRA
directly manages approximately 16,000
acres in Marin, San Francisco and San
Mateo counties. These lands represent
one of the nation’s largest coastal
preserves and attract 16 million visitors
each year, making GGNRA one of the
most heavily visited units in the
National Park System.
The lands encompassing GGNRA
provide important habitat for many
federally threatened or endangered
species, as well as many other State
listed and rare species. The central
coast, including the San Francisco Bay
Area and GGNRA, is considered one of
North America’s biodiversity hot spots
(Precious Heritage: the Status of
Biodiversity in the United States, Nature
Conservancy). The California Floristic
Province, which includes all of GGNRA,
is identified as one of the top 25 global
biodiversity hotspots in the world
(Nature’s Place: Population and the
Future of Diversity, 2000 Report by
Population Action International).
GGNRA is part of the Golden Gate
Biosphere Reserve, designated in 1989
in recognition of the importance of this
coastal and marine ecosystem to the
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]]>Agencies
[Federal Register Volume 72, Number 223 (Tuesday, November 20, 2007)]
[Proposed Rules]
[Pages 65275-65278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22613]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0064]
RIN 1625-AA00
Safety Zone: City of West Haven Fireworks, Bradley Point, West
Haven, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the permanent safety zone
for the City of West Haven Fireworks by establishing the zone around a
fireworks launch site at the approximate position 41[deg]15'7'' N,
72[deg]57'26'' W. This change to the zone would allow the zone to be
established around the launch site, whether it is on a barge or on
shore. Establishment of this safety zone is necessary to protect
recreational vessel traffic, spectators, and those operating the
fireworks display.
DATES: Comments and related material must reach the Coast Guard on or
before January 22, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0064 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
[[Page 65276]]
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Douglas Miller, Chief, Waterways Management
Division, Coast Guard Sector Long Island Sound at (203) 468-4596. If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0064), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, please submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2007-0064) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to Coast Guard Sector Long Island Sound at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The City of West Haven, Connecticut, holds an annual fireworks
display off of Bradley Point in New Haven harbor. To protect the
maritime public from the hazards associated with the fireworks display,
a permanent safety zone was established and the regulation is currently
is found at 33 CFR 165.151(a)(5). The regulation states that all the
waters of New Haven Harbor within a 1200-foot radius of the fireworks
barge, at the approximate position 41[deg]15'7'' N, 72[deg]57'26'' W,
be included in the regulated area. The event organizers have determined
that at times the fireworks may need to be launched from a site on land
rather than only from a barge. The new regulation would include all the
waters of New Haven Harbor within a 1200-foot radius of the fireworks
launch site, at the approximate position 41[deg]15'7'' N,
72[deg]57'26'' W. This change to the permanent safety zone would cover
those instances when the fireworks are launched from land or a barge as
opposed to only being launched from a barge.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulation at 33 CFR
165.151(a)(5) to replace the word ``barge'' with the word ``site''.
This change would allow the safety zone to be established upon the
navigable waters in a 1200-foot radius of the fireworks launch site,
whether it is from a barge or from land. The establishment of this
safety zone around either launch site is necessary to protect the
maritime public, spectators and fireworks technicians from the hazards
associated with the fireworks display by keeping all vessels and
persons outside of the safety zone unless they have authorization from
the Captain of the Port, Long Island Sound.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but the potential impact
will be minimized for the following reasons: The zone would only be
enforced for a temporary period on the day of the event and vessels may
transit in all areas around the zone at all times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which may be small entities: The owner or operators
of vessels intending to transit or anchor in the vicinity of Bradley
Point on the day of the event.
For the reasons outlined in the Regulatory Evaluation section
above,
[[Page 65277]]
this rule will not have a significant impact on a substantial number of
small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Douglas Miller,
Chief, Waterways Management Division, Coast Guard Sector Long Island
Sound at (203) 468-4596. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191 and 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. Amend Sec. 165.151 by revising paragraph (a)(5) to read as
follows:
Sec. 165.151 Safety Zones; Long Island Sound annual fireworks
displays.
(a) * * *
(5) City of West Haven Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot
radius of the fireworks launch site in
[[Page 65278]]
approximate position 41[deg]15'7'' N, 72[deg]57'26'' W.
* * * * *
Dated: October 25, 2007.
D.A. Ronan,
Captain, U.S. Coast GuardCaptain of the Port, Long Island Sound.
[FR Doc. E7-22613 Filed 11-19-07; 8:45 am]
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