Safety Zone; Florence Rhodie Days Fireworks Display, Siuslaw River, Florence, OR, 16275-16277 [E7-6145]
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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
Because this rule pertains to the
management of offenders committed to
the custody of the Department of Justice,
its economic impact is limited to the use
of appropriated funds.
This rule will not have substantial
direct effects on the states, the
relationship between the national
government and the states, or the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
List of Subjects in 28 CFR Parts 500 and
501
Prisoners.
Accordingly, under rulemaking
authority vested in the Attorney General
in 5 U.S.C. 552(a), we adopt as final the
interim rule published on October 31,
2001, at 66 FR 55062, without change.
I
Dated: March 29, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7–6265 Filed 4–3–07; 8:45 am]
Portland, 6767 N. Basin Avenue,
Portland, Oregon 97217 between 7 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Lucia Mack, c/o Captain of
the Port, Portland, 6767 N. Basin
Avenue, Portland, Oregon 97217 (503–
240–2590).
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), the
Coast Guard finds that good cause exists
for not publishing an NPRM. If normal
notice and comment procedures were
followed, this rule would not become
effective until after the date of the event.
Publishing an NPRM would be contrary
to the public interest because immediate
action is necessary to ensure the safety
of vessels and spectators gathering in
the vicinity of the fireworks launching
barge.
Background and Purpose
[CGD13–07–012]
The Coast Guard is establishing a
temporary safety zone to protect against
the hazards associated with a fireworks
display. This event occurs on the
Siuslaw River in Florence, Oregon and
is scheduled to start at 10 p.m. and end
at approximately 10:15 p.m. on May 9,
2007. This event may result in a number
of vessels congregating near the
fireworks launching site. The safety
zone is needed to protect watercraft and
their occupants from safety hazards
associated with fireworks displays.
RIN 1625–AA00
Discussion of Rule
Safety Zone; Florence Rhodie Days
Fireworks Display, Siuslaw River,
Florence, OR
This rule establishes a safety zone to
protect vessels and individuals from the
hazards associated with a fireworks
display. The safety zone will be located
on the waters of the Siuslaw River in
Florence, Oregon, encompassed by lines
connecting the following points,
beginning at 43°28′20″ N/124°04′46″ W,
thence to 43°25′07″ N/124°04′40″ W,
thence to 43°57′48″ N/124°05′54″ W,
thence to 43°28′05″ N/124°05′54″ W,
thence to the beginning point. This
safety zone will commence prior to the
launching of the fireworks in order to
clear boaters out of the area for their
own protection, and will last longer
than the scheduled event time in case
the fireworks display lasts longer than
anticipated.
Entry into this zone is prohibited
unless authorized by the Captain of the
Port, Portland, or his designated
representative. The safety zone will be
enforced by representatives of the
Captain of the Port, Portland, who may
BILLING CODE 4410–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Coast Guard, DHS.
Temporary final rule.
AGENCY:
cprice-sewell on PROD1PC61 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of the Siuslaw River during
a fireworks display. The Captain of the
Port, Portland, Oregon is taking this
action to safeguard watercraft and their
occupants from safety hazards
associated with this display. Entry into
this safety zone is prohibited unless
authorized by the Captain of the Port.
DATES: This rule is effective on May 9,
2007 from 8:30 p.m. until 11:30 p.m.
(PDT).
Documents indicated in this
preamble as being available in the
docket are part of docket (CGD13–07–
012) and are available for inspection or
copying at U.S. Coast Guard Sector
ADDRESSES:
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15:40 Apr 03, 2007
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16275
be assisted by other Federal, State, 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 it under that
Order. The rule is not significant
because the safety zone will encompass
a small portion of the river for a short
duration when the vessel traffic is low.
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.
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 or anchor in
the affected portion of the Siuslaw River
from 8:30 p.m. to 11:30 p.m. on May 9,
2007. This safety zone 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 3 hours late in the day
when vessel traffic is low. Although the
safety zone will apply to the entire
width of the river, 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 it is safe to do so. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to users of the river.
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
E:\FR\FM\04APR1.SGM
04APR1
16276
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
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 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 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 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
cprice-sewell on PROD1PC61 with RULES
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
VerDate Aug<31>2005
15:40 Apr 03, 2007
Jkt 211001
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. 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 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.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
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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 because it establishes a
safety zone. A final ‘‘Environmental
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I 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
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. Add temporary § 165.T13–008 to
read as follows:
I
§ 165.T13–008 Safety Zone; Florence
Rhodie Days Fireworks Display, Siuslaw
River, Florence, Oregon.
(a) Location. The following area is a
safety zone: the waters of the Siuslaw
River in Florence, Oregon, from surface
to bottom, encompassed by the lines
connecting the following points,
beginning at 43°28′20″ N/124°04′46″ W,
thence to 43°25′07″ N/124°04′40″ W,
thence to 43°57′48″ N/124°05′54″ W,
thence to 43°28′05″ N/124°05′54″ W,
thence to the beginning point.
(b) Regulations. (1) In accordance
with the general regulations in Section
165.23 of this part, no person or vessel
may enter or remain in this zone unless
authorized by the Captain of the Port,
Portland or his designated
representatives.
(2) Designated representative means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers or other officers operating Coast
Guard vessels and Federal, State, and
local officers designated by or assisting
the Captain of the Port, Portland in the
enforcement of the safety zone.
(c) Enforcement Period. This
regulation will be enforced from 8:30
p.m. until 11:30 p.m. (PDT) on May 9,
2007.
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
Dated: March 21, 2007.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. E7–6145 Filed 4–3–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 174
[EPA–HQ–OPP–2006–0783; FRL–8120–5]
Bacillus thuringiensis Vip3Aa20
Protein and the Genetic Material
Necessary for its Production in Corn;
Temporary Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
cprice-sewell on PROD1PC61 with RULES
AGENCY:
SUMMARY: This regulation establishes a
temporary exemption from the
requirement of a tolerance for residues
of the Bacillus thuringiensis Vip3Aa20
protein and the genetic material
necessary for its production in corn
when applied or/used as a plantincorporated protectant. Syngenta
Seeds, Inc. submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act of 1996
(FQPA), requesting the temporary
tolerance exemption. This regulation
eliminates the need to establish a
maximum permissible level for residues
of Bacillus thuringiensis Vip3Aa20
protein and the genetic material
necessary for its production in corn
when applied or/used as a plantincorporated protectant on field corn,
sweet corn, and popcorn. The temporary
tolerance exemption expires on March
31, 2008.
DATES: This regulation is effective April
4, 2007. Objections and requests for
hearings must be received on or before
June 4, 2007, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0783. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. All
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15:40 Apr 03, 2007
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documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 605–0515; e-mail address:
reynolds.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document?
In addition to accessing an electronic
copy of this Federal Register document
PO 00000
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16277
through the electronic docket at https://
www.regulations.gov, you may access
this ‘‘Federal Register’’ document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 174
through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of the FFDCA, as
amended by the FQPA, any person may
file an objection to any aspect of this
regulation and may also request a
hearing on those objections. The EPA
procedural regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2006–0783 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before June 4, 2007.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2006–0783, by one of
the following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 305–
5805.
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16275-16277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6145]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-07-012]
RIN 1625-AA00
Safety Zone; Florence Rhodie Days Fireworks Display, Siuslaw
River, Florence, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Siuslaw River during a fireworks display. The Captain of
the Port, Portland, Oregon is taking this action to safeguard
watercraft and their occupants from safety hazards associated with this
display. Entry into this safety zone is prohibited unless authorized by
the Captain of the Port.
DATES: This rule is effective on May 9, 2007 from 8:30 p.m. until 11:30
p.m. (PDT).
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD13-07-012) and are available for
inspection or copying at U.S. Coast Guard Sector Portland, 6767 N.
Basin Avenue, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Lucia Mack, c/o Captain
of the Port, Portland, 6767 N. Basin Avenue, Portland, Oregon 97217
(503-240-2590).
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), the Coast Guard finds that good
cause exists for not publishing an NPRM. If normal notice and comment
procedures were followed, this rule would not become effective until
after the date of the event. Publishing an NPRM would be contrary to
the public interest because immediate action is necessary to ensure the
safety of vessels and spectators gathering in the vicinity of the
fireworks launching barge.
Background and Purpose
The Coast Guard is establishing a temporary safety zone to protect
against the hazards associated with a fireworks display. This event
occurs on the Siuslaw River in Florence, Oregon and is scheduled to
start at 10 p.m. and end at approximately 10:15 p.m. on May 9, 2007.
This event may result in a number of vessels congregating near the
fireworks launching site. The safety zone is needed to protect
watercraft and their occupants from safety hazards associated with
fireworks displays.
Discussion of Rule
This rule establishes a safety zone to protect vessels and
individuals from the hazards associated with a fireworks display. The
safety zone will be located on the waters of the Siuslaw River in
Florence, Oregon, encompassed by lines connecting the following points,
beginning at 43[deg]28'20'' N/124[deg]04'46'' W, thence to
43[deg]25'07'' N/124[deg]04'40'' W, thence to 43[deg]57'48'' N/
124[deg]05'54'' W, thence to 43[deg]28'05'' N/124[deg]05'54'' W, thence
to the beginning point. This safety zone will commence prior to the
launching of the fireworks in order to clear boaters out of the area
for their own protection, and will last longer than the scheduled event
time in case the fireworks display lasts longer than anticipated.
Entry into this zone is prohibited unless authorized by the Captain
of the Port, Portland, or his designated representative. The safety
zone will be enforced by representatives of the Captain of the Port,
Portland, who may be assisted by other Federal, State, 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 it under that Order. The rule is not significant because the
safety zone will encompass a small portion of the river for a short
duration when the vessel traffic is low.
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.
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 or anchor in the affected portion of the Siuslaw River from
8:30 p.m. to 11:30 p.m. on May 9, 2007. This safety zone 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 3 hours
late in the day when vessel traffic is low. Although the safety zone
will apply to the entire width of the river, 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 it is safe to do so.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the river.
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
[[Page 16276]]
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 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 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 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 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. 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 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.lD,
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 because it establishes a safety zone. A
final ``Environmental Check List'' and a final ``Categorical Exclusion
Determination'' will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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. Add temporary Sec. 165.T13-008 to read as follows:
Sec. 165.T13-008 Safety Zone; Florence Rhodie Days Fireworks Display,
Siuslaw River, Florence, Oregon.
(a) Location. The following area is a safety zone: the waters of
the Siuslaw River in Florence, Oregon, from surface to bottom,
encompassed by the lines connecting the following points, beginning at
43[deg]28'20'' N/124[deg]04'46'' W, thence to 43[deg]25'07'' N/
124[deg]04'40'' W, thence to 43[deg]57'48'' N/124[deg]05'54'' W, thence
to 43[deg]28'05'' N/124[deg]05'54'' W, thence to the beginning point.
(b) Regulations. (1) In accordance with the general regulations in
Section 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port, Portland or his
designated representatives.
(2) Designated representative means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers or other officers
operating Coast Guard vessels and Federal, State, and local officers
designated by or assisting the Captain of the Port, Portland in the
enforcement of the safety zone.
(c) Enforcement Period. This regulation will be enforced from 8:30
p.m. until 11:30 p.m. (PDT) on May 9, 2007.
[[Page 16277]]
Dated: March 21, 2007.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. E7-6145 Filed 4-3-07; 8:45 am]
BILLING CODE 4910-15-P