18174 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules 

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 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, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. 

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 to 

categorically exclude this rule 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.T05–033 to 

read as follows: 

§ 165.T05–033 Safety Zone; Big Timber 

Creek, Westville, New Jersey 

(a) Regulated area. The safety zone 

includes waters from the Route 130 

Bridge in Westville, NJ, to the entrance 

of the Delaware River, shoreline to 

shoreline on Big Timber Creek. 

(b) Definitions. As used in this 

section: 

(1) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the Commander, 

Coast Guard Sector Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Regulations. 

(1) Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Enforcement Period. This section 

will be enforced from 8 p.m. to 11 p.m. 

on June 30, 2007. 

Dated: March 27, 2007. 

David L. Scott, 

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

Port, Sector Delaware Bay. 

[FR Doc. E7–6776 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–030] 

RIN 1625–AA00 

Safety Zone: Fireworks Display, North 

Atlantic Ocean, Avalon, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary Safety Zone 

during the ‘‘Avalon Family Fun Festival 

Fireworks Display’’, an event to be held 

July 6, 2007. This Safety Zone is 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to temporarily 

restrict vessel traffic in the regulated 

area within coastal waters adjacent to 

Avalon, New Jersey to accommodate a 

fireworks display. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

May 11, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

Coast Guard Sector Delaware Bay, One 

Washington Avenue, Philadelphia, 

Pennsylvania 19147–4335, hand-deliver 

them to the same address between 9 

a.m. and 2 p.m., Monday through 

Friday, except Federal holidays, or fax 

them to (215) 271–4903. The Sector 

Delaware Bay, Waterways Management 

Branch, 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 the above address between 9 

a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Brophy, Project Manager, 

Waterways Management Branch, at 

(215) 271–4889. 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules 18175 

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 (CGD05–07–030), 

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 material in an unbound 

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

suitable for copying. If you would like 

to know they reached us, 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. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed 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 

On July 6, 2007, the Borough of 

Avalon will sponsor the ‘‘Avalon 

Family Fun Festival Fireworks 

Display’’. The fireworks display will be 

launched from a barge offshore and the 

hazardous fallout area will extend over 

coastal waters immediately adjacent to 

the shoreline in the vicinity of Avalon, 

New Jersey. A fleet of spectator vessels 

is expected to gather near the event site 

to view the fireworks display. Due to the 

need for vessel control during the event, 

vessel traffic will be temporarily 

restricted to provide for the safety of 

spectators and transiting vessels. 

Discussion of Rule 

The Coast Guard proposes to establish 

a safety zone on specified coastal waters 

of the North Atlantic Ocean, 

immediately adjacent to the shoreline at 

Avalon, New Jersey. The regulated area 

includes all waters within a 500 yard 

radius from latitude 39°05′31′′ N, 

074°43′00′′ W. The safety zone will be 

in effect from 5 p.m. to 10:30 p.m. on 

July 6, 2007. The effect will be to restrict 

general navigation in the regulated area 

during the fireworks display. Except for 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area during the 

enforcement period. The Patrol 

Commander will notify the public of 

specific enforcement times by Marine 

Radio Safety Broadcast. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of spectators and transiting 

vessels. 

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. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this regulation restricts 

vessel traffic from transiting a small 

segment of coastal waters near Avalon, 

New Jersey, the effect of this regulation 

will not be significant due to the limited 

duration that the regulated area will be 

in effect and the extensive advance 

notifications that will be made to the 

maritime community via marine 

information broadcasts and area 

newspapers so mariners can adjust their 

plans accordingly. 

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 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 coastal 

waters in the vicinity of Avalon, New 

Jersey during the event. 

This proposed rule 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 a short period, from 5 

p.m. to 10:30 p.m. on July 6, 2007. 

Before the enforcement period, we will 

issue maritime advisories so mariners 

can adjust their plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 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 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 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 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 will 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 will 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 


cprice-sewell on PRODPC61 with PROPOSALS
18176 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Proposed Rules 

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 does 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 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 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 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, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. 

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 to 

categorically exclude this rule 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.T05–030 to 

read as follows: 

§ 165.T05–030 Safety zone; North Atlantic 

Ocean, Avalon, New Jersey. 

(a) Regulated area. The safety zone 

includes coastal waters in the vicinity of 

the shoreline at Avalon, New Jersey. 

The safety zone area includes all waters 

within a 500 yard radius from latitude 

39°05′31′′ N, 074°43′00′′ W. All 

coordinates reference Datum NAD 1983. 

(b) Definitions. As used in this 

section: 

(1) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the Commander, 

Coast Guard Sector Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Regulations. 

(1) Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(d) Enforcement period. This section 

will be enforced from 5 p.m. to 10:30 

p.m. on July 6, 2007. 

Dated: March 27, 2007. 

David L. Scott, 

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

Port, Sector Delaware Bay. 

[FR Doc. E7–6779 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–037] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Patuxent River, Calvert County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone upon 

certain waters of the Patuxent River 

during a fireworks display. This action 

is necessary to provide for the safety of 

life on navigable waters during a 

fireworks display launched from a 

barge, located near Solomons, in Calvert 

County, Maryland. This action will 

restrict vessel traffic in a portion of the 

Patuxent River. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

May 11, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

U.S. Coast Guard Sector Baltimore, 2401 

Hawkins Point Road, Building 70, 

Waterways Management Division, 

Baltimore, Maryland 21226–1791. Coast 

Guard Sector Baltimore, Waterways 

Management Division, 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 


cprice-sewell on PRODPC61 with PROPOSALS