You are on page 1of 3

Federal Register / Vol. 72, No.

123 / Wednesday, June 27, 2007 / Rules and Regulations 35167

on his behalf. The on-scene SUPPLEMENTARY INFORMATION: area and duration covered by this safety
representative of the Captain of the Port zone. Public notifications will be made
Regulatory Information
Buffalo will be aboard either a Coast prior to the effective period via local
Guard or Coast Guard Auxiliary vessel. We did not publish a notice of notice to mariners and marine
(4) Vessel operators desiring to enter proposed rulemaking (NPRM) for this information broadcasts.
or operate within the safety zone shall regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists Regulatory Evaluation
contact the Captain of the Port Buffalo
or his on-scene representative to obtain for not publishing an NPRM. The Coast This rule is not a ‘‘significant
permission to do so. The Captain of the Guard did not receive an Application regulatory action’’ under section 3(f) of
Port Buffalo or his designated on-scene for Approval of Marine Event for this Executive Order 12866, Regulatory
representative may be contacted via event with sufficient time to implement Planning and Review, and does not
VHF Channel 16. an NPRM, thereby making an NPRM require an assessment of potential costs
(5) Vessel operators given permission impracticable and contrary to the public and benefits under section 6(a)(3) of that
to enter or operate in the safety zone interest. A delay or cancellation of the Order. The Office of Management and
must comply with all directions given to fireworks display in order to Budget has not reviewed it under that
them by the Captain of the Port Buffalo accommodate a full notice and comment Order.
or his on-scene representative. period would be contrary to the public This regulation should have minimal
interest. negative impact on the public and
Dated: June 11, 2007.
Under 5 U.S.C. 553(d)(3), the Coast navigation because it is only effective
S.J. Ferguson, Guard finds that good cause exists for for a three hour period on a single day.
Captain, U.S. Coast Guard, Captain of the making this rule effective less than 30 In addition, the area closed by the safety
Port Buffalo. days after publication in the Federal zone is minimal, allowing vessels to
[FR Doc. E7–12369 Filed 6–26–07; 8:45 am] Register. Any delay encountered in this transit around the zone in Bayville, NY.
BILLING CODE 4910–15–P regulation’s effective date would be
Small Entities
impracticable and contrary to public
interest since immediate action is Under the Regulatory Flexibility Act
DEPARTMENT OF HOMELAND needed to prevent traffic from transiting (5 U.S.C. 601–612), we have considered
SECURITY a portion of Bayville, NY and to protect whether this rule will have a significant
the maritime public from the hazards economic impact on a substantial
Coast Guard number of small entities. The term
associated with this fireworks event.
‘‘small entities’’ comprises small
33 CFR Part 165 Background and Purpose businesses, not-for-profit organizations
[CGD01–07–074] The Cancer Center for Kids Fireworks that are independently owned and
display will be taking place in Bayville, operated and are not dominant in their
RIN 1625–AA00
NY from 8 p.m. to 11 p.m. on June 30, fields, and governmental jurisdictions
Safety Zone; Cancer Center for Kids, 2007. This safety zone is necessary to with populations of less than 50,000.
Bayville, NY protect the life and property of the The Coast Guard certifies under 5
maritime public from the hazards posed U.S.C. 605(b) that this rule will not have
AGENCY: Coast Guard, DHS. by the fireworks display. It will protect a significant economic impact on a
ACTION: Temporary final rule. the maritime public by prohibiting entry substantial number of small entities.
into or movement within the navigable This rule may affect the following
SUMMARY: The Coast Guard is waters of this portion of Long Island entities, some of which may be small
establishing a temporary safety zone for Sound one hour prior to, during and one entities: the owners or operators of
the Cancer Center for Kids Fireworks in hour after the stated event. vessels intending to transit or anchor in
Bayville, NY. The safety zone is those portions of Long Island Sound
necessary to protect the life and Discussion of Rule covered by the safety zone. For the
property of the maritime community This regulation establishes a reasons outlined in the Regulatory
from the hazards posed by the fireworks temporary safety zone on the navigable Evaluation section above, this rule will
display. Entry into or movement within waters of Bayville, NY within a 600-foot not have a significant impact on a
this safety zone during the enforcement radius of the fireworks barge located at substantial number of small entities.
period is prohibited without approval of approximate position 40°55′19.8587″ N, If you think that your business,
the Captain of the Port, Long Island 073°34′41.9700″ W. The temporary organization, or governmental
Sound. safety zone will be outlined by jurisdiction qualifies as a small entity
DATES: This rule is effective from 8 p.m. temporary marker buoys installed by the and that this rule would have a
to 11 p.m. on June 30, 2007. event organizers. significant economic impact on it,
This action is intended to prohibit please submit a comment (see
ADDRESSES: Documents indicated in this vessel traffic in a portion of Bayville, ADDRESSES) explaining why you think it
preamble as being available in the NY to provide for the protection of life qualifies and how and to what degree
docket are part of docket CGD01–07– and property of the maritime public. this rule would economically affect it.
074 and will be available for inspection The safety zone will be enforced from 8
or copying at Sector Long Island Sound, p.m. until 11 p.m. on June 30, 2007. Assistance for Small Entities
New Haven, CT, between 9 a.m. and 3 Marine traffic may transit safely outside Under subsection 213(a) of the Small
p.m., Monday through Friday, except of the safety zone during the event Business Regulatory Enforcement
Federal holidays. thereby allowing navigation of the rest Fairness Act of 1996 [Pub. L. 104–121],
pwalker on PROD1PC71 with RULES

FOR FURTHER INFORMATION CONTACT: of Long Island Sound except for the the Coast Guard wants to assist small
Lieutenant D. Miller, Chief, Waterways portion delineated by this rule. entities in understanding this rule so
Management Division, Coast Guard The Captain of the Port anticipates that they can better evaluate its effects
Sector Long Island Sound at (203) 468– minimal negative impact on vessel on them and participate in the
4596. traffic from this event due to the limited rulemaking. If this rule will affect your

VerDate Aug<31>2005 18:11 Jun 26, 2007 Jkt 211001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1
35168 Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations

small business, organization, or Civil Justice Reform This rule does not use technical
governmental jurisdiction and you have standards. Therefore, we did not
This rule meets applicable standards
questions concerning its provisions or consider the use of voluntary consensus
in sections 3(a) and 3(b)(2) of Executive
options for compliance, please call standards.
Order 12988, Civil Justice Reform, to
Lieutenant D. Miller, Chief, Waterways minimize litigation, eliminate Environment
Management Division, Sector Long ambiguity, and reduce burden.
Island Sound, at (203) 468–4596. We have analyzed this rule under
Protection of Children Commandant Instruction M16475.1D
Small businesses may send comments and Department of Homeland Security
on the actions of Federal employees We have analyzed this rule under Management Directive 5100.1, which
who enforce, or otherwise determine Executive Order 13045, Protection of guide the Coast Guard in complying
compliance with, Federal regulations to Children from Environmental Health with the National Environmental Policy
the Small Business and Agriculture Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321–
Regulatory Enforcement Ombudsman an economically significant rule and 4370f), and have concluded that there
and the Regional Small Business will not concern an environmental risk are no factors in this case that would
Regulatory Fairness Boards. The to health or risk to safety that may limit the use of the categorical exclusion
Ombudsman evaluates these actions disproportionately affect children. under section 2.B.2 of the Instruction.
annually and rates each agency’s Indian Tribal Governments Therefore, this rule is categorically
responsiveness to small business. If you excluded, under figure 2–1, paragraph
wish to comment on actions by This rule does not have tribal (34)(g), of the Instruction, from further
employees of the Coast Guard, call 1– implications under Executive Order environmental documentation. This rule
888–REG–FAIR (1–888–734–3247). The 13175, Consultation and Coordination falls under the provisions of paragraph
Coast Guard will not retaliate against with Indian Tribal Governments, (34)(g) because the rule establishes a
small entities that question or complain because it will not have a substantial safety zone.
about this rule or any policy or action direct effect on one or more Indian A final ‘‘Environmental Analysis
of the Coast Guard. tribes, on the relationship between the Check List’’ and a final ‘‘Categorical
Federal Government and Indian tribes, Exclusion Determination’’ will be
Collection of Information or on the distribution of power and available in the docket where indicated
responsibilities between the Federal under ADDRESSES.
This rule calls for no new collection Government and Indian tribes.
of information under the Paperwork List of Subjects in 33 CFR Part 165
Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects
Harbors, Marine safety, Navigation
3520). We have analyzed this rule under (water), Reporting and recordkeeping
Federalism Executive Order 13211, Actions requirements, Security measures,
Concerning Regulations That Waterways.
A rule has implications for federalism Significantly Affect Energy Supply, ■ For the reasons discussed in the
under Executive Order 13132, Distribution, or Use. We have preamble, the Coast Guard amends 33
Federalism, if it has a substantial direct determined that it is not a ‘‘significant CFR part 165 as follows:
effect on State or local governments and energy action’’ under that order because
would either preempt State law or it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION
impose a substantial direct cost of under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS
compliance on them. We have analyzed likely to have a significant adverse effect
on the supply, distribution, or use of ■ 1. The authority citation for part 165
this rule under that Order and have continues to read as follows:
determined that it does not have energy. The Administrator of the Office
implications for federalism. of Information and Regulatory Affairs Authority: 33 U.S.C. 1225 and 1231; 46
has not designated it as a significant U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33
Unfunded Mandates Reform Act energy action. Therefore, it does not CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub.
L. 107–295, 116 Stat. 2064; Department of
require a Statement of Energy Effects Homeland Security Delegation No. 0170.1.
The Unfunded Mandates Reform Act
under Executive Order 13211.
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add temporary § 165.T01–074 to
Federal agencies to assess the effects of Technical Standards read as follows:
their discretionary regulatory actions. In The National Technology Transfer § 165.T01–074—Safety Zone: Cancer
particular, the Act addresses actions and Advancement Act (NTTAA) (15 Center for Kids, Bayville NY.
that may result in the expenditure by a U.S.C. 272 note) directs agencies to use
State, local, or tribal government, in the (a) Location. The following area is a
voluntary consensus standards in their safety zone: All navigable waters of
aggregate, or by the private sector of regulatory activities unless the agency
$100,000,000 or more in any one year. Long Island Sound off of Bayville
provides Congress, through the Office of Avenue in Bayville, NY within a 600–
Though this rule will not result in such Management and Budget, with an foot radius of the fireworks barge
an expenditure, we do discuss the explanation of why using these located in approximate position
effects of this rule elsewhere in this standards would be inconsistent with 40°55′19.8587″ N, 073°34′41.9700″ W.
preamble. applicable law or otherwise impractical. (b) Regulations. (1) The general
Taking of Private Property Voluntary consensus standards are regulations contained in 33 CFR 165.23
technical standards (e.g., specifications apply.
This rule will not affect a taking of of materials, performance, design, or (2) In accordance with the general
pwalker on PROD1PC71 with RULES

private property or otherwise have operation; test methods; sampling regulations in § 165.23 of this part, entry
taking implications under Executive procedures; and related management into or movement within this zone is
Order 12630, Governmental Actions and systems practices) that are developed or prohibited unless authorized by the
Interference with Constitutionally adopted by voluntary consensus Captain of the Port Long, Long Island
Protected Property Rights. standards bodies. Sound.

VerDate Aug<31>2005 18:11 Jun 26, 2007 Jkt 211001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1
Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Rules and Regulations 35169

(3) All persons and vessels shall Regulatory History enforcement period, the effects of this
comply with the Coast Guard Captain of We did not publish a notice of regulation will not be significant for
the Port or designated on-scene patrol proposed rulemaking (NPRM) for this several reasons: vessels will be excluded
personnel. These personnel comprise regulation. As the fireworks display is from the proscribed area for only two
commissioned, warrant and petty scheduled to occur on July 1, 2007, any hours and fifteen minutes, vessels will
officers of the U.S. Coast Guard. Upon be able to operate in the majority of
delay encountered in the regulation’s
being hailed by a U.S. Coast Guard Hingham Inner Harbor during the
effective date would be contrary to the
vessel by siren, radio, flashing light or effective period, and advance
public interest since the safety zone is
other means, the operator of the vessel notifications will be made to the local
needed to prevent traffic from transiting
shall proceed as directed. maritime community by marine
a portion of Hingham Inner Harbor
(c) Enforcement period. This section information broadcasts and Local Notice
during the fireworks display thus
will be enforced from 8 p.m. to 11 p.m. to Mariners.
ensuring that the maritime public is
on Saturday, June 30, 2007. protected from any potential harm Small Entities
Dated: June 15, 2007. associated with such an event. Under the Regulatory Flexibility Act
D.A. Ronan, Additionally, the zone should have (5 U.S.C. 601–612), we considered
Captain, U.S. Coast Guard, Captain of the negligible impact on vessel transits due whether this rule would have a
Port, Long Island Sound. to the fact that vessels will be limited significant economic impact on a
[FR Doc. E7–12366 Filed 6–26–07; 8:45 am] from the area for only two hours and substantial number of small entities.
BILLING CODE 4910–15–P fifteen minutes and vessels can still The term ‘‘small entities’’ comprises
transit in the majority of Hingham Inner small businesses, not-for-profit
Harbor during the event. Accordingly, organizations that are independently
DEPARTMENT OF HOMELAND under 5 U.S.C. 553(b)(B), the Coast owned and operated and are not
SECURITY Guard finds that good cause exists for dominant in their fields, and
not publishing an NPRM. governmental jurisdictions with
Coast Guard For the same reasons, the Coast Guard populations of less than 50,000.
finds, under 5 U.S.C. 553(d)(3), that The Coast Guard certifies under 5
33 CFR Part 165 good cause exists for making this rule U.S.C. 605(b) that this rule will not have
effective less than 30 days after a significant economic impact on a
[CGD01–07–036] publication in the Federal Register. substantial number of small entities.
Background and Purpose This rule will affect the following
RIN 1625–AA00 entities, some of which may be small
This rule establishes a safety zone on entities: the owners or operators of
Safety Zone: Hingham 4th of July the navigable waters of Hingham Inner vessels intending to transit or anchor in
Fireworks Display, Hingham, MA Harbor within a 500-yard radius of the a portion of Hingham Inner Harbor from
fireworks barge located at approximate 8:45 p.m. until 11 p.m. on July 1, 2007.
AGENCY: Coast Guard, DHS. position 42°015.30′ N, 070 °53.02′ W. The rain date for the fireworks event is
ACTION: Temporary final rule. The safety zone is in effect from 8:45 from 8:45 p.m. until 11 p.m. on July 2,
p.m. until 11 p.m. on July 1, 2007. The 2007.
SUMMARY: The Coast Guard is rain date for the fireworks event is from This safety zone will not have a
establishing a temporary safety zone for 8:45 p.m. until 11 p.m. on July 2, 2007. significant economic impact on a
the Town of Hingham Fourth of July The safety zone temporarily restricts substantial number of small entities for
Fireworks on July 1, 2007. The safety movement within this portion of the following reasons: this rule will be
zone is necessary to protect the life and Hingham Inner Harbor and is needed to in effect for only two hours and fifteen
property of the maritime public from the protect the maritime public from the minutes, vessel traffic can safely pass
potential hazards posed by a fireworks dangers posed by a fireworks display. around the zone, and advance
display. The safety zone temporarily Marine traffic may transit safely outside notification will be made to the local
prohibits entry into or movement within of the zone during the enforcement maritime community by marine
this portion of Hingham Inner Harbor period. The Captain of the Port does not information broadcasts and Local Notice
during its closure period. anticipate any negative impact on vessel to Mariners.
DATES: This rule is effective from 8:45 traffic due to the event. Public
notification will be made prior to the Assistance for Small Entities
p.m. on July 1, 2007 until 11 p.m. on
July 2, 2007. enforcement period via marine Under section 213(a) of the Small
ADDRESSES: Comments and material
information broadcasts and Local Notice Business Regulatory Enforcement
received from the public, as well as to Mariners. Fairness Act of 1996 (Pub. L. 104–121),
documents indicated in this preamble as we offered to assist small entities in
Regulatory Evaluation
being available in the docket are part of understanding the rule so that they
This rule is not a ‘‘significant could better evaluate its effects on them
docket CGD01–07–036 and are available
regulatory action’’ under section 3(f) of and participate in the rulemaking
for inspection or copying at Sector
Executive Order 12866, Regulatory process.
Boston, 427 Commercial Street, Boston,
Planning and Review, and does not Small businesses may send comments
MA between the hours of 8 a.m. and 3
require an assessment of potential costs on the actions of Federal employees
p.m., Monday through Friday, except
and benefits under section 6(a)(3) of that who enforce, or otherwise determine
Federal holidays.
Order. The Office of Management and compliance with, Federal regulations to
FOR FURTHER INFORMATION CONTACT:
pwalker on PROD1PC71 with RULES

Budget has not reviewed it under that the Small Business and Agriculture
Petty Officer Joseph Yonker, Sector Order. Regulatory Enforcement Ombudsman
Boston, Waterways Management Although this rule prevents vessel and the Regional Small Business
Division, at (617) 223–5007. traffic from transiting a portion of Regulatory Fairness Boards. The
SUPPLEMENTARY INFORMATION: Hingham Inner Harbor during the Ombudsman evaluates these actions

VerDate Aug<31>2005 18:11 Jun 26, 2007 Jkt 211001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1