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46858 Federal Register / Vol. 71, No.

157 / Tuesday, August 15, 2006 / Rules and Regulations

§ 359.28 Are taxpayer identification DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND


numbers (TINs) required for the registration SECURITY SECURITY
of definitive Series I savings bonds?
The registration of a definitive Series Coast Guard Coast Guard
I savings bond must include the TIN of
the owner or first-named coowner. If the 33 CFR Part 100 33 CFR Part 165
bond is being purchased as a gift or
award and the owner’s TIN is not [CGD01–06–095]
[CGD01–06–097]
known, the TIN of the purchaser must RIN 1625–AA00
be included in the registration of the
Special Local Regulation: Taste of Italy
bond. Safety Zone; Celebrate Revere
Fireworks, Norwich, CT
Fireworks, Broad Sound, Revere, MA
PART 360—REGULATIONS
GOVERNING DEFINITIVE UNITED AGENCY: Coast Guard, DHS. AGENCY: Coast Guard, DHS.
STATES SAVINGS BONDS, SERIES I ACTION: Notice of implementation. ACTION: Temporary final rule.
■ 20. The authority citation for Part 360 SUMMARY: The Coast Guard is
continues to read as follows: SUMMARY: This document puts into
effect the permanent regulations for the establishing a temporary safety zone for
Authority: 5 U.S.C. 301; 31 U.S.C. 3105
annual Taste of Italy Fireworks in the ‘‘Celebrate Revere’’ Fireworks
and 3125. display on August 19, 2006 in Revere,
Norwich, CT. The regulation is
■ 21. Section 360.2 is amended by Massachusetts, temporarily closing all
necessary to control vessel traffic within
redesignating paragraphs (d) through (h) waters of Broad Sound within a four
the immediate vicinity of the event due
as paragraphs (e) through (i), hundred (400) yard radius of the
to the hazards presented by a fireworks fireworks launch site located at
redesignating paragraphs (i) through (m) display to the maritime community,
as paragraphs (k) through (o), and approximate position 42° 24.00′ N, 070°
thus providing for the safety of life and 59.00′ W. This zone is necessary to
adding new paragraphs (d) and (j) to property on the affected waters.
read as follows: protect the maritime public from the
DATES: This regulation is effective from potential hazards associated with a
§ 360.2 Definitions. 8 p.m. on September 9, 2006 to 10:45 fireworks display. The safety zone
* * * * * p.m. on September 10, 2006. temporarily prohibits entry into or
(d) Inscription means the information movement within this portion of Broad
that is printed on the face of the bond. FOR FURTHER INFORMATION CONTACT: John Sound during its closure period, unless
* * * * * Mauro, Chief Waterways Management authorized by the Captain of the Port,
(j) Registration means that the names Branch, First Coast Guard District, (617) Boston, MA.
of all persons named on the bond and 223–8355. DATES: This rule is effective from 8:30
the taxpayer identification number SUPPLEMENTARY INFORMATION: This p.m. EDT until 10 p.m. EDT on August
(TIN) of the owner, first-named document implements the permanent 19, 2006.
coowner, or purchaser of a gift bond are ADDRESSES: Documents indicated in this
special local regulation governing the
maintained on our records. preamble as being available in the
Taste of Italy Fireworks, Norwich, CT.
* * * * * 33 CFR 100.114(a)(9.5). A portion of the docket are part of docket CGD01–06–
■ 22. Section 360.5 is amended by waters off of Norwich Harbor, Norwich, 095 and are available for inspection or
revising the heading and the second CT will be closed during the effective copying at Sector Boston, 427
sentence of paragraph (c) to read as period to all vessel traffic, except the Commercial Street, Boston, MA,
follows: between 8 a.m. and 3 p.m., Monday
fireworks barge and local, state or Coast
Guard patrol craft. The regulated area is through Friday, except Federal holidays.
§ 360.5 General rules.
that area of Norwalk Harbor in a 600- FOR FURTHER INFORMATION CONTACT:
* * * * *
(c) Registration of bonds purchased as foot radius of the fireworks barge Chief Petty Officer Paul English, Sector
gifts. * * * Bonds so registered will not located at approximate position Boston, Waterways Management
be associated with the purchaser’s own 41°31.706′ N., 072°04.718′ W. All Division, at (617) 223–5456.
holdings. coordinates are North American Datum SUPPLEMENTARY INFORMATION:
* * * * * 1983. Additional public notification Regulatory Information
■ 23. Section 360.6 is amended by will be made via the First Coast Guard
District Local Notice to Mariners and We did not publish a notice of
revising the last sentence of the
proposed rulemaking (NPRM) for this
introductory paragraph to read as marine safety broadcasts. The full text of
regulation. Under 5 U.S.C. 553(b)(B), the
follows: this regulation is found in 33 CFR
Coast Guard finds that good cause exists
100.114. for not publishing an NPRM. A notice
§ 360.6 Authorized forms of registration.
* * * A savings bond registered in a Dated: July 18, 2006. of proposed rulemaking (NPRM) was
form not substantially in agreement Timothy S. Sullivan, not published for this regulation
with one of the forms authorized by this Rear Admiral, U.S. Coast Guard, Commander, because the logistics with respect to the
subpart is not considered validly issued. First Coast Guard District. fireworks presentation were not
* * * * * [FR Doc. E6–13311 Filed 8–14–06; 8:45 am] determined with sufficient time to draft
and publish an NPRM. Any delay
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Dated: August 8, 2006. BILLING CODE 4910–15–P


encountered in this regulation’s
Donald V. Hammond, effective date would be contrary to the
Fiscal Assistant Secretary. public interest since the safety zone is
[FR Doc. E6–13301 Filed 8–14–06; 8:45 am] needed to prevent traffic from transiting
BILLING CODE 4810–39–P a portion of Broad Sound during the

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Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Rules and Regulations 46859

fireworks display and to provide for the Broad Sound during the effective Collection of Information
safety of life on navigable waters. period. Further, advance notifications This rule calls for no new collection
For the same reasons, the Coast Guard will be made to the local maritime
finds under 5 U.S.C. 553(d)(3), that good of information under the Paperwork
community by marine information Reduction Act of 1995 (44 U.S.C. 3501–
cause exists for making this rule broadcasts and Local Notice to
effective less than 30 days after 3520).
Mariners.
publication in the Federal Register. Federalism
This zone should have a minimal Small Entities
A rule has implications for federalism
negative impact on vessel transits in this
Under the Regulatory Flexibility Act under Executive Order 13132,
portion of Broad Sound because vessels
(5 U.S.C. 601–612), we have considered Federalism, if it has a substantial direct
will be excluded from the area for only
whether this rule would have a effect on State or local governments and
one and one half hours, and vessels can
significant economic impact on a would either preempt State law or
still safely operate in other areas of
substantial number of small entities. impose a substantial direct cost of
Broad Sound during the event.
The term ‘‘small entities’’ comprises compliance on them. We have analyzed
Background and Purpose small businesses, not-for-profit this rule under that Order and have
The City of Revere is holding a organizations that are independently determined that it does not have
fireworks display in honor of the owned and operated and are not implications for federalism.
‘‘Celebrate Revere’’ event. This rule dominant in their fields, and Unfunded Mandates Reform Act
establishes a temporary safety zone on governmental jurisdictions with
the waters of Broad Sound within a four populations of less than 50,000. The Unfunded Mandates Reform Act
hundred (400) yard radius of the of 1995 (2 U.S.C. 1531–1538) requires
The Coast Guard certifies under 5 Federal agencies to assess the effects of
fireworks launch site located at U.S.C. 605(b) that this rule will not have
approximate position 42° 24.00′ N, 070° their discretionary regulatory actions. In
a significant economic impact on a particular, the Act addresses actions
59.00′ W. This zone is necessary to substantial number of small entities.
protect the maritime public from the that may result in the expenditure by a
This rule will affect the following State, local, or tribal government, in the
potential dangers associated with this entities, some of which may be small
event, by prohibiting entry into or aggregate, or by the private sector of
entities: the owners or operators of $100,000,000 or more in any one year.
movement within the proscribed vessels intending to transit or anchor in
portion of Broad Sound during the Though this rule will not result in such
a portion of Broad Sound from 8:30 p.m. an expenditure, we do discuss the
fireworks display. EDT until 10 p.m. EDT on August 19, effects of this rule elsewhere in this
Discussion of Rule 2006. This safety zone will not have a preamble.
This rule is effective from 8:30 p.m. significant economic impact on a
substantial number of small entities for Taking of Private Property
EDT until 10:00 p.m. EDT on August 19,
2006. Marine traffic may transit safely the reason described under the This rule will not affect a taking of
outside of the safety zone in the Regulatory Evaluation section. private property or otherwise have
majority of Broad Sound during the taking implications under Executive
Assistance for Small Entities
event. Given the limited time of the Order 12630, Governmental Actions and
effective period of the zone and the size Under subsection 213(a) of the Small Interference with Constitutionally
of Broad Sound compared to the small Business Regulatory Enforcement Protected Property Rights.
size of the zone itself, the Captain of the Fairness Act of 1996 [Public Law 104– Civil Justice Reform
Port anticipates minimal negative 121], we want to assist small entities in
impact on vessel traffic due to this understanding this rule so that they can This rule meets applicable standards
event. Public notifications will be made better evaluate its effects on them and in sections 3(a) and 3(b)(2) of Executive
prior to and during the effective period participate in the rulemaking process. If Order 12988, Civil Justice Reform, to
via Local Notice to Mariners and marine this temporary rule would affect your minimize litigation, eliminate
information broadcasts. small business, organization, or ambiguity, and reduce burden.
Regulatory Evaluation governmental jurisdiction and you have Protection of Children
questions concerning its provisions or
This rule is not a ‘‘significant We have analyzed this rule under
options for compliance, please call
regulatory action’’ under section 3(f) of Executive Order 13045, Protection of
Chief Petty Officer Paul English, Sector
Executive Order 12866, Regulatory Children from Environmental Health
Boston, Waterways Management
Planning and Review, and does not Risks and Safety Risks. This rule is not
Division, at (617) 223–5456.
require an assessment of potential costs an economically significant rule and
and benefits under section 6(a)(3) of that Small businesses may send comments does not create an environmental risk to
Order. The Office of Management and on the actions of Federal employees health or risk to safety that may
Budget has not reviewed it under that who enforce, or otherwise determine disproportionately affect children.
Order. compliance with, Federal regulations to
the Small Business and Agriculture Indian Tribal Governments
Although this rule will prevent
maritime traffic from transiting a Regulatory Enforcement Ombudsman This rule does not have tribal
portion of Broad Sound during this and the Regional Small Business implications under Executive Order
event, the effect of this rule will not be Regulatory Fairness Boards. The 13175, Consultation and Coordination
significant for several reasons: vessels Ombudsman evaluates these actions with Indian Tribal Governments,
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will be excluded from the safety zone annually and rates each agency’s because it does not have a substantial
for only one and one half hours; vessels responsiveness to small business. If you direct effect on one or more Indian
will not be able to transit Broad Sound wish to comment on actions by tribes, on the relationship between the
in the safety zone itself, but they will be employees of the Coast Guard, call 1– Federal Government and Indian tribes,
able to safely operate in other areas of 888–REG–FAIR (1–888–734–3247). or on the distribution of power and

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46860 Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Rules and Regulations

responsibilities between the Federal List of Subjects in 33 CFR Part 165 Dated: August 1, 2006.
Government and Indian tribes. James L. McDonald,
Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the
Energy Effects (water), Reporting and recordkeeping Port, Boston, Massachusetts.
We have analyzed this rule under requirements, Security measures, [FR Doc. E6–13397 Filed 8–14–06; 8:45 am]
Executive Order 13211, Actions Waterways.
BILLING CODE 4910–15–P
Concerning Regulations That
Significantly Affect Energy Supply, ■ For the reasons discussed in the
Distribution, or Use. We have preamble, the Coast Guard amends 33
determined that it is not a ‘‘significant CFR part 165 as follows: ENVIRONMENTAL PROTECTION
energy action’’ under that order because AGENCY
it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS 40 CFR Part 52
under Executive Order 12866 and is not
likely to have a significant adverse effect [EPA–R07–OAR–2006–0467; FRL–8209–9]
■ 1. The authority citation for part 165
on the supply, distribution, or use of
continues to read as follows: Approval and Promulgation of
energy. The Administrator of the Office
of Information and Regulatory Affairs Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Implementation Plans; State of
has not designated it as a significant Chapter 701; 50 U.S.C. 191, 195; 33 CFR Missouri
energy action. Therefore, it does not 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
AGENCY: Environmental Protection
require a Statement of Energy Effects 107–295, 116 Stat. 2064; Department of
Agency (EPA).
under Executive Order 13211. Homeland Security Delegation No. 0170.1.
ACTION: Final rule.
Technical Standards ■ 2. Add temporary § 165.T01–095 to
SUMMARY: EPA is taking final action to
The National Technology Transfer read as follows:
approve Missouri’s nitrogen oxides
and Advancement Act (NTTAA) (15 (NOX) plan for the eastern one-third of
§ 165.T01–095 Safety Zone; Celebrate
U.S.C. 272 note) directs agencies to use Revere Fireworks, Broad Sound, Revere, the state. The plan consists of three
voluntary consensus standards in their MA rules, a budget demonstration, and
regulatory activities unless the agency supporting documentation. The plan
provides Congress, through the Office of (a) Location. The following area is a
will contribute to attainment and
Management and Budget, with an safety zone: All waters of Broad Sound,
maintenance of the 8-hour ozone
explanation of why using these from surface to bottom, within a four
standard in several downwind areas.
standards would be inconsistent with hundred (400) yard radius of the
Missouri’s plan, which focuses on large
applicable law or otherwise impractical. fireworks launch site located at
electric generating units, large industrial
Voluntary consensus standards are approximate position 42° 24.00′ N, 070°
boilers, large stationary internal
technical standards (e.g., specifications 59.00′ W.
combustion engines, and large cement
of materials, performance, design, or (b) Effective Date. This section is kilns, was developed to meet the
operation; test methods; sampling effective from 8:30 p.m. EDT until 10 requirements of EPA’s April 21, 2004,
procedures; and related management p.m. EDT on August 19, 2006. Phase II NOX State Implementation Plan
systems practices) that are developed or (c) Definitions. (1) Designated (SIP) Call. EPA is taking final action to
adopted by voluntary consensus representative means a Coast Guard approve the plan as a SIP revision
standards bodies. Patrol Commander, including a Coast fulfilling the NOX SIP Call
This rule does not use technical requirements. The initial period for
Guard coxswain, petty officer, or other
standards. Therefore, we did not compliance under the plan will begin in
officer operating a Coast Guard vessel
consider the use of voluntary consensus 2007, and the emission monitoring and
and a Federal, State, and local officer
standards. reporting requirements for sources
designated by or assisting the Captain of
Environment the Port (COTP). holding allowances under the plan
We have analyzed this rule under (2) [Reserved] began on May 1, 2006.
Commandant Instruction M16475.lD DATES: This rule is effective on
(d) Regulations. (1) In accordance
and Department of Homeland Security September 14, 2006.
with the general regulations in § 165.23
Management Directive 5100.1, which of this part, entry into or movement ADDRESSES: EPA has established a
guide the Coast Guard in complying within this zone by any person or vessel docket for this action under Docket ID
with the National Environmental Policy is prohibited unless authorized by the No. EPA-R07-OAR–2006–0467. All
Act of 1969 (NEPA)(42 U.S.C. 4321– Captain of the Port (COTP), Boston or documents in the docket are listed on
4370f), and have concluded that there the COTP’s designated representative. the http://www.regulations.gov Web
are no factors in this case that would site. Although listed in the index, some
limit the use of a categorical exclusion (2) The safety zone is closed to all information is not publicly available,
under section 2.B.2 of the Instruction. vessel traffic, except as may be i.e., CBI or other information whose
Therefore, this rule is categorically permitted by the COTP or the COTP’s disclosure is restricted by statute.
excluded, under figure 2–1, paragraph designated representative. Certain other material, such as
(34) (g) of the Instruction, from further (3) Vessel operators desiring to enter copyrighted material, is not placed on
environmental documentation. This rule or operate within the safety zone must the Internet and will be publicly
is covered by paragraph (34) (g), because contact the COTP or the COTP’s available only in hard copy form.
it would establish a safety zone. A final designated representative to obtain Publicly available docket materials are
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‘‘Environmental Analysis Check List’’ permission to do so. Vessel operators available either electronically through
and a final ‘‘Categorical Exclusion given permission to enter or operate in http://www.regulations.gov or in hard
Determination’’ will be available in the the safety zone must comply with all copy at the Environmental Protection
docket where indicated under directions given to them by the COTP or Agency, Air Planning and Development
ADDRESSES. the COTP’s designated representative. Branch, 901 North 5th Street, Kansas

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