Safety Zones: Fireworks Displays in the Captain of the Port Portland Zone, 52308-52310 [05-17473]
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52308
Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
[CGD13–05–027]
notice and comment procedures were
followed, this rule would not become
effective until after the dates of the
events. For this reason, following
normal rulemaking procedures in this
case would be impracticable and
contrary to the public interest.
RIN 1625–AA00
Background and Purpose
Safety Zones: Fireworks Displays in
the Captain of the Port Portland Zone
The Coast Guard is establishing
temporary safety zones to allow for safe
fireworks displays. All events occur
within the Captain of the Port, Portland,
OR, Area of Responsibility (AOR). These
events may result in a number of vessels
congregating near fireworks launching
barges and sites. The safety zones are
needed to protect watercraft and their
occupants from safety hazards
associated with fireworks displays. This
safety zone will be enforced by
representatives of the Captain of the
Port, Portland, Oregon. The Captain of
the Port may be assisted by other
Federal and local agencies.
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
regulations for the Metropolitan Avenue
Bridge, mile 3.4, across English Kills at
New York City, New York. Under this
temporary deviation the bridge may
remain in the closed position from
September 1, 2005 through September
30, 2005. This temporary deviation is
necessary to facilitate bridge
maintenance.
DEPARTMENT OF HOMELAND
SECURITY
This deviation is effective from
September 1, 2005 through September
30, 2005.
ACTION:
DATES:
Materials referred to in this
document are available for inspection or
copying at Commander (obr), First Coast
Guard District, 1 South Street, Battery
Park Building, New York, NY 10004
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
The telephone number is 212–668–
7165. Commander (obr), First Coast
Guard District, maintains the public
docket for this temporary deviation.
ADDRESSES:
Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
FOR FURTHER INFORMATION CONTACT:
The
Metropolitan Avenue Bridge has a
vertical clearance in the closed position
of 10 feet at mean high water and 15 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.801(e).
The owner of the bridge, New York
City Department of Transportation
(NYCDOT), requested a temporary
deviation from the drawbridge operation
regulations to facilitate rehabilitation
repairs of the bridge. The bridge must
remain in the closed position to perform
these repairs.
Under this temporary deviation the
NYCDOT Metropolitan Avenue Bridge
may remain in the closed position from
September 1, 2005 through September
30, 2005.
This deviation from the operating
regulations is authorized under 33 CFR
117.35, and will be performed with all
due speed in order to return the bridge
to normal operation as soon as possible.
SUPPLEMENTARY INFORMATION:
Dated: August 26, 2005.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 05–17511 Filed 9–1–05; 8:45 am]
BILLING CODE 4910–15–U
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Coast Guard
33 CFR Part 165
Coast Guard, DHS.
Temporary final rule; change of
effective period.
AGENCY:
SUMMARY: The Coast Guard is changing
the effective periods of the safety zones
on the waters of the Columbia River,
located in the Area of Responsibility
(AOR) of the Captain of the Port,
Portland, Oregon, during fireworks
displays. The Captain of the Port,
Portland, Oregon, is taking this action to
safeguard watercraft and their occupants
from safety hazards associated with
these displays. Entry into these safety
zones is prohibited unless authorized by
the Captain of the Port.
DATES: The new effective period of rule
§ 165.T13–009 is from 9:30 p.m. to 11
p.m. on August 27, 2005 and from 9:30
p.m. to 11 p.m. on September 10, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket (CGD13–05–
027) and are available for inspection or
copying at the U.S. Coast Guard Sector
Portland, 6767 N. Basin Ave, Portland,
Oregon 97217 between 7 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Charity Keuter, c/o Captain
of the Port, Portland 6767 N. Basin
Avenue, Portland, Oregon 97217, (503)
240–9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and
5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for not publishing
an NPRM and for making this rule
effective less than 30 days after
publication in the Federal Register.
Publishing a NPRM would be contrary
to public interest since immediate
action is necessary to ensure the safety
of vessels and spectators gathering in
the vicinity of the various fireworks
launching barges and displays. These
events were originally scheduled for
dates that the sponsor deemed necessary
to change and gave the Coast Guard
short notice of the change and if normal
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Fmt 4700
Sfmt 4700
Discussion of Rule
This rule, for safety concerns, will
control vessels, personnel and
individual movements in a regulated
area surrounding the fireworks event
indicated in section 2 of this Temporary
Final Rule. Entry into these zones is
prohibited unless authorized by the
Captain of the Port, Portland or his
designated representative. Captain of
the Port, Portland, Oregon, will enforce
these safety zones. The Captain of the
Port may be assisted by other Federal
and local agencies.
Regulatory Evaluation
This 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 this rule under
that Order. This rule 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 proposal to be so minimal that a full
Regulatory Evaluation under paragraph
10e of the regulatory policies and
procedures act of DHS is unnecessary.
This expectation is based on the fact
that the regulated areas established by
the proposed regulation will encompass
small portions of the Columbia and
Willamette Rivers in the Portland AOR
on different dates, all in the evening
when vessel traffic is low.
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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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.
This 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 a portion of
the Willamette and Columbia Rivers
during the times mentioned in section
2(a)(1–4) at the conclusion of this rule.
These safety zones will not have
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only ninety minutes during
the evenings when vessel traffic is low.
Traffic will be allowed to pass through
the zone with the permission of the
Captain of the Port or his designated
representatives on scene, if safe to do so.
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 will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Small businesses may
send comments on the actions of
Federal employees who enforce, or
otherwise determine compliance with
Federal regulations to the Small
Business and Agriculture Regulatory
Enforcement Ombudsman and the
Regional Small Business Regulatory
Fairness Boards. The Ombudsman
evaluates these actions annually and
rates each agency’s responsiveness to
small business. If you wish to comment
on actions by employees of the Coast
Guard, call 1–888–REG–FAIR (1–888–
734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
VerDate Aug<18>2005
14:47 Sep 01, 2005
Jkt 205001
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 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
State, local, or tribal government, in the
aggregate, or the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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 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 rule under
Executive Order 13211, Actions
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Sfmt 4700
52309
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. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant 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 concluded 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, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. This rule establishes
safety zones which have a duration of
no more than two hours each. Due to the
temporary safety zones being less than
one week in duration, an Environmental
Checklist and Categorical Exclusion is
not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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52310
Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
I
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. Amend temporary § 165.T13–009
by revising paragraphs (a)(1)(ii) and
(a)(2)(ii) to read as follows:
I
§ 165.T13–009 Safety Zones: Fireworks
displays in the Captain of the Port Portland
Zone.
(a) * * *
(1) * * *
(i) * * *
(ii) Enforcement time and date. 9:30
p.m. to 11 p.m. on August 27, 2005.
(2) * * *
(i) * * *
(ii) Enforcement time and date. 9:30
p.m. to 11 p.m. on September 10, 2005.
*
*
*
*
*
Dated: August 23, 2005.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 05–17473 Filed 9–1–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AT95
Endangered and Threatened Wildlife
and Plants; Exclusion of U.S. CaptiveBred Scimitar-Horned Oryx, Addax,
and Dama Gazelle From Certain
Prohibitions
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), are amending
the regulations promulgated under the
Endangered Species Act (Act) (16 U.S.C.
1531 et seq.) to add new regulations to
govern certain activities with U.S.
captive-bred scimitar-horned oryx (Oryx
dammah), addax (Addax
nasomaculatus), and dama gazelle
(Gazella dama), which have been listed
as endangered. For U.S. captive-bred
live wildlife, including embryos and
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14:47 Sep 01, 2005
Jkt 205001
gametes, and sport-hunted trophies of
these three species, this rule authorizes
certain otherwise prohibited activities
that enhance the propagation or survival
of the species. International trade in
specimens of these species will
continue to be subject to the Convention
on International Trade in Endangered
Species of Wild Fauna and Flora
(CITES). We have also prepared a final
Environmental Assessment with a
Finding of No Significant Impact for this
final rule under regulations
implementing the National
Environmental Policy Act of 1969
(NEPA).
DATES: This rule is effective October 3,
2005.
ADDRESSES: The complete supporting
file for this rule is available for public
inspection, by appointment, during
normal business hours at the Division of
Scientific Authority, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive,
Room 750, Arlington, Virginia 22203.
SUPPLEMENTARY INFORMATION:
Background
Historically, the scimitar-horned oryx
(Oryx dammah), addax (Addax
nasomaculatus), and dama gazelle
(Gazella dama) occupied the same
general region of North Africa. Wild
numbers of the three antelopes have
declined drastically over the past 50
years. The scimitar-horned oryx may
now be extinct in the wild. The declines
have resulted primarily from habitat
loss, uncontrolled killing, and the
inadequacy of existing regulatory
mechanisms.
Of the three antelope species, the
scimitar-horned oryx is the most
threatened with extinction. By the mid1980s, it was estimated that only a few
hundred were left in the wild, with the
only viable populations known to be in
Chad. However, no sightings of this
species in the wild have been reported
since the late 1980s, and the 2003 Red
List of Threatened Species shows the
status of the scimitar-horned oryx as
‘‘extinct in the wild’’ (World
Conservation Union [IUCN] 2003).
Captive-bred specimens of this antelope
have been placed into large fenced areas
for breeding in Morocco and Tunisia.
Once animals are reintroduced,
continuous natural breeding is
anticipated so that wild populations
will be re-established.
It is believed that the addax was
extirpated from Tunisia during the
1930s, and the last animals were killed
in Libya and Algeria in 1966 and 1970,
respectively. Remnant populations may
still exist in the remote desert areas of
Chad, Niger, and Mali, with occasional
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Fmt 4700
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movements into Libya and Algeria
during times of good rainfall. In the
IUCN/SSC Antelope Specialist Group’s
Global Survey of Antelopes, the addax is
considered to be ‘‘regionally extinct’’
(Mallon and Kingswood 2001). The
addax is listed as critically endangered
by IUCN (IUCN 2003) and probably
numbers fewer than 600 in the wild
(Noble 2002).
The dama gazelle is able to utilize
both semi-desert and desert habitats,
and is smaller than the scimitar-horned
oryx or addax. Of the three antelope
species, the dama gazelle is the least
susceptible to pressures from humans
and livestock. The original cause of its
decline was uncontrolled killing;
however, habitat loss through human
settlement and livestock grazing, in
addition to civil unrest, has more
recently contributed to the decline. It is
estimated that only small numbers
survive in most of the eight countries
within its historical range. The dama
gazelle has declined rapidly over the
last 20 years, with recent estimates of
fewer than 700 in the wild. Noble (2002)
estimated that the wild population of
addra gazelle (G. dama ruficollis) is
fewer than 200 specimens, the wild
population of dama gazelle (G. dama
dama) is about 500 specimens, and the
mhorr gazelle (G. dama mhorr) is
extinct in the wild. The dama gazelle
was previously extirpated from Senegal,
but has since been reintroduced, and in
1997, at least 25 animals existed there
as part of a semi-captive breeding
program (IUCN 2003). The IUCN lists all
subspecies of dama gazelles as
endangered.
Captive breeding in the United States
has enhanced the propagation or
survival of the scimitar-horned oryx,
addax, and dama gazelle worldwide by
rescuing these species from near
extinction and providing the founder
stock necessary for reintroduction. The
scimitar-horned oryx is possibly extinct
in the wild; therefore, but for captive
breeding, the species might be extinct.
Addax and dama gazelle occur in very
low numbers in the wild, and a
significant percentage of remaining
specimens survive only in captivity
(71% and 48%, respectively). Captivebreeding programs operated by zoos and
private ranches have effectively
increased the numbers of these animals
while genetically managing their herds
(Mallon and Kingswood 2001). Threats
that have reduced these species’
numbers to current levels in the wild
continue throughout most of the historic
range. As future opportunities arise for
reintroduction in the antelope range
countries, captive-breeding programs
will be able to provide genetically
E:\FR\FM\02SER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52308-52310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17473]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-027]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; change of effective period.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the effective periods of the
safety zones on the waters of the Columbia River, located in the Area
of Responsibility (AOR) of the Captain of the Port, Portland, Oregon,
during fireworks displays. The Captain of the Port, Portland, Oregon,
is taking this action to safeguard watercraft and their occupants from
safety hazards associated with these displays. Entry into these safety
zones is prohibited unless authorized by the Captain of the Port.
DATES: The new effective period of rule Sec. 165.T13-009 is from 9:30
p.m. to 11 p.m. on August 27, 2005 and from 9:30 p.m. to 11 p.m. on
September 10, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD13-05-027) and are available for
inspection or copying at the U.S. Coast Guard Sector Portland, 6767 N.
Basin Ave, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Charity Keuter, c/o
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon
97217, (503) 240-9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators gathering in the vicinity of the various
fireworks launching barges and displays. These events were originally
scheduled for dates that the sponsor deemed necessary to change and
gave the Coast Guard short notice of the change and if normal notice
and comment procedures were followed, this rule would not become
effective until after the dates of the events. For this reason,
following normal rulemaking procedures in this case would be
impracticable and contrary to the public interest.
Background and Purpose
The Coast Guard is establishing temporary safety zones to allow for
safe fireworks displays. All events occur within the Captain of the
Port, Portland, OR, Area of Responsibility (AOR). These events may
result in a number of vessels congregating near fireworks launching
barges and sites. The safety zones are needed to protect watercraft and
their occupants from safety hazards associated with fireworks displays.
This safety zone will be enforced by representatives of the Captain of
the Port, Portland, Oregon. The Captain of the Port may be assisted by
other Federal and local agencies.
Discussion of Rule
This rule, for safety concerns, will control vessels, personnel and
individual movements in a regulated area surrounding the fireworks
event indicated in section 2 of this Temporary Final Rule. Entry into
these zones is prohibited unless authorized by the Captain of the Port,
Portland or his designated representative. Captain of the Port,
Portland, Oregon, will enforce these safety zones. The Captain of the
Port may be assisted by other Federal and local agencies.
Regulatory Evaluation
This 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 this rule under that Order. This rule 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 proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures act of DHS is
unnecessary. This expectation is based on the fact that the regulated
areas established by the proposed regulation will encompass small
portions of the Columbia and Willamette Rivers in the Portland AOR on
different dates, all in the evening when vessel traffic is low.
[[Page 52309]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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.
This 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
a portion of the Willamette and Columbia Rivers during the times
mentioned in section 2(a)(1-4) at the conclusion of this rule. These
safety zones will not have significant economic impact on a substantial
number of small entities for the following reasons. This rule will be
in effect for only ninety minutes during the evenings when vessel
traffic is low. Traffic will be allowed to pass through the zone with
the permission of the Captain of the Port or his designated
representatives on scene, if safe to do so.
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
will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. Small businesses may send comments
on the actions of Federal employees who enforce, or otherwise determine
compliance with Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of the Coast
Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This 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 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 State, local, or tribal government, in the
aggregate, or the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant 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 concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This rule establishes safety zones which
have a duration of no more than two hours each. Due to the temporary
safety zones being less than one week in duration, an Environmental
Checklist and Categorical Exclusion is not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 52310]]
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. Amend temporary Sec. 165.T13-009 by revising paragraphs (a)(1)(ii)
and (a)(2)(ii) to read as follows:
Sec. 165.T13-009 Safety Zones: Fireworks displays in the Captain of
the Port Portland Zone.
(a) * * *
(1) * * *
(i) * * *
(ii) Enforcement time and date. 9:30 p.m. to 11 p.m. on August 27,
2005.
(2) * * *
(i) * * *
(ii) Enforcement time and date. 9:30 p.m. to 11 p.m. on September
10, 2005.
* * * * *
Dated: August 23, 2005.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-17473 Filed 9-1-05; 8:45 am]
BILLING CODE 4910-15-P
