Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules 18933 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether this rule 

should be categorically excluded from 

further environmental review. 

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, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 33 CFR 1.05–1(g), 

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.T07–008 to 

read as follows: 

§ 165.T07–008 Safety Zone: Beverly 

Homecoming Fireworks—Beverly, 

Massachusetts. 

(a) Location. The following area is a 

safety zone: 

All navigable waters of Beverly 

Harbor within a 500 yard radius of the 

fireworks launch barge located at 

approximate position 42° 32.650 N, 070° 

51.980 W. 

(b) Effective Date. This section is 

effective from 8:30 p.m. EDT on August 

5, 2007 until 11:30 p.m. EDT on August 

5, 2007. 

(c) Definitions. (1) As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP). 

(2) [Reserved] 

(d) Regulations. (1) In accordance 

with the general regulations in section 

165.23 of this part, entry into or 

movement within this zone is 

prohibited unless authorized by the 

Captain of the Port Boston or the 

designated representative. 

(2) All vessel operators shall comply 

with the instructions of the COTP or the 

designated representative. 

Dated: April 5, 2007. 

J.L. McDonald, 

Captain, U.S. Coast Guard, Captain of the 

Port, Boston, Massachusetts. 

[FR Doc. E7–7177 Filed 4–13–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD1–07–001] 

RIN 1625–AA00 

Safety Zone; Town of Marblehead 

Fourth of July Fireworks Display, 

Marblehead Harbor, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a temporary safety zone for 

the Town of Marblehead Fourth of July 

Fireworks. This safety zone is necessary 

to protect the life and property of the 

maritime public from the potential 

hazards associated with a fireworks 

display. The safety zone would 

temporarily prohibit entry into or 

movement within this portion of 

Marblehead Harbor during the closure 

period. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

May 16, 2007. 

ADDRESSES: You may mail comments 

and related material to Sector Boston, 

427 Commercial Street, Boston, MA. 

Sector Boston maintains the public 

docket for this rulemaking. Comments 

and material received from the public, 

as well as documents indicated in this 

preamble as being available in the 

docket are part of docket CGD01–07–

001 and are available for inspection or 

copying at Sector Boston, 427 

Commercial Street, Boston, MA between 

the hours of 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Petty Officer Joseph Yonker, Sector 

Boston, Waterways Management 

Division, at (617) 223–5007. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

the rulemaking (CGD01–07–001), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related materials in an unbound 

format, no larger than 8.5 by 11 inches, 

suitable for copying. If you would like 

to know that your submission reached 

us, please enclose a stamped, selfaddressed postcard or envelope. We 

may change this proposed rule in view 

of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. You may, however submit a 

request for a meeting by writing to 

Sector Boston 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 

This rule proposes to establish a 

safety zone on the waters of Marblehead 

Harbor within a 500-yard radius of the 

fireworks barge located at approximate 

position 42° 30′.567′′ N, 070° 50′.162′′ 

W. The safety zone would be in effect 

from 8:30 p.m. until 10 p.m. EDT on 

July 4, 2007. The rain date for the 

fireworks event is from 8:30 p.m. until 

10 p.m. EDT on July 5, 2007. 

The safety zone would temporarily 

restrict movement within this effected 

portion of Marblehead Harbor and is 

needed to protect the maritime public 

from the dangers posed by a fireworks 

display. Marine traffic may transit safely 

outside the safety zone during the 

effective period. The Captain of the Port 

does not anticipate any negative impact 

on vessel traffic due to this event. Public 

notifications will be made prior to the 

effective period of this proposed rule via 

safety marine information broadcasts 

and Local Notice to Mariners. 

Discussion of Proposed Rule 

The Coast Guard is proposing to 

establish a temporary safety zone in 

Marblehead Harbor, Marblehead, 

Massachusetts. The safety zone would 

be in effect from 8:30 p.m. until 10 p.m. 

EDT on July 4, 2007, with a rain date of 

8:30 p.m. until 10 p.m. EDT on July 5, 

2007. Marine traffic may transit safely 

outside of the safety zone in the 

majority of Marblehead Harbor during 

the event. This safety zone will control 

vessel traffic during the fireworks 

display to protect the safety of the 

maritime public. 

Due to the limited time frame of the 

fireworks display, the Captain of the 

Port anticipates minimal negative 

impact on vessel traffic due to this 

event. Public notifications will be made 

prior to the effective period via local 

media, local notice to mariners and 

marine information broadcasts. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 


cprice-sewell on PROD1PC66 with PROPOSALS
18934 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules 

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. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

The Coast Guard expects the 

economic impact of this proposed rule 

to be so minimal that a full Regulatory 

Evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

Although this proposed rule would 

prevent traffic from transiting a portion 

of Marblehead Harbor during the 

effective period, the effects of this rule 

will not be significant for several 

reasons: vessels will be excluded from 

the proscribed area for only one and one 

half hours, and advance notifications 

will be made to the local maritime 

community by marine information 

broadcasts and Local Notice to 

Mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), the Coast Guard 

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-forprofit 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 owners or 

operators of vessels intending to transit 

or anchor in the effected portion of 

Marblehead Harbor from 8:30 p.m. EDT 

on July 4, 2007 to 10 p.m. EDT on July 

4, 2007 or during the same hours on July 

5. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: this proposed 

rule would be in effect for only one and 

one half hours, vessel traffic can safely 

pass around the safety zone during the 

effected period, and advance 

notification via safety marine 

informational broadcast and Local 

Notice to Mariners will be made before 

and during the effective period. 

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. 

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 Petty Officer 

Joseph Yonker at the address listed 

under ADDRESSES. 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 expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 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 may 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 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Proposed Rules 18935 

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 Coast Guard 

Instruction M16475.1D, which guides 

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 there are no factors 

in this case that would limit the use of 

a categorical exclusion under 2.B.2 of 

the Instruction. Therefore, we believe 

that this rule should be 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 preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether this rule 

should be categorically excluded from 

further environmental review. 

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, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 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.T01–001 to 

read as follows: 

§ 165.T01–001 Safety Zone; Town of 

Marblehead Fourth of July Fireworks 

Display, Marblehead, Massachusetts. 

(a) Location. The following area is a 

safety zone: All waters of Marblehead 

Harbor within a 500-yard radius of the 

fireworks barge located at approximate 

position 42°30′567′′ N, 070°50′162′′ W. 

(b) Effective date. This section is 

effective from 8:30 p.m. until 10 p.m. 

EDT on July 4, 2007, with a Rain date 

of 8:30 p.m. until 10 p.m. EDT on July 

5, 2007. 

(c) Definitions. As used in this 

section. 

(1) Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port (COTP). 

(2) [Reserved] 

(d) Regulations. (1) In accordance 

with the general regulations in section 

165.23 of this part, entry into or 

movement within this zone is 

prohibited unless authorized by the 

Captain of the Port Boston or the 

designated representative. 

(2) All vessel operators shall comply 

with the instructions of the COTP or the 

designated representative. 

Dated: April 5, 2007. 

James L. McDonald, 

Captain, U.S. Coast Guard, Captain of the 

Port, Boston, Massachusetts. 

[FR Doc. E7–7185 Filed 4–13–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD1–07–002] 

RIN 1625–AA00 

Safety Zone: Town of Weymouth 

Fourth of July Celebration Fireworks, 

Weymouth, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a temporary safety zone for 

the Town of Weymouth’s Fourth of July 

Celebration Fireworks in Weymouth, 

Massachusetts currently scheduled to 

occur on June 30, 2007 with a rain date 

of July 1, 2007 temporarily closing all 

navigable waters of the Weymouth Fore 

River within a five hundred (500) yard 

radius of the fireworks launch barge 

located at approximate position 42°15.2 

N, 070°56.7 W. The safety zone is 

needed to protect the maritime public 

from the potential hazards posed by a 

fireworks display. The safety zone will 

prohibit entry into or movement within 

this portion of the Weymouth Fore River 

during its effective period. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

May 16, 2007. 

ADDRESSES: You may mail comments 

and related material to Sector Boston, 

427 Commercial Street, Boston, MA. 

Sector Boston maintains the public 

docket for this rulemaking. Comments 

and material received from the public, 

as well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at Sector Boston, 427 

Commercial Street, Boston, MA between 

the hours of 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Petty Officer Joseph Yonker, Sector 

Boston, Waterways Management 

Division, at (617) 223–5007. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD01–07–002), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related materials in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that your submission reached 

us, please enclose a stamped, selfaddressed postcard or envelope. We 

may change this proposed rule in view 

of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. You may, however submit a 

request for a meeting by writing to 

Sector Boston 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 

This proposed rule establishes a 

safety zone on the navigable waters of 

the Weymouth Fore River within a five 

hundred (500) yard radius of the 

fireworks launch barge located at 

approximate position 42°15.2 N, 

070°56.7 W. The safety zone would be 

in effect from 8:30 p.m. EDT until 11:15 

p.m. EDT on June 30, 2007, with a rain 

date of July 1, 2007. 

This safety zone would temporarily 

prohibit entry into or movement within 

the effected portion of the Weymouth 

Fore River and is needed to protect the 

maritime public from the potential 

dangers posed by a fireworks display. 

Discussion of Proposed Rule 

The Coast Guard proposes 

establishing a temporary safety zone in 


cprice-sewell on PROD1PC66 with PROPOSALS