Safety Zone; Florence Rhodie Days Fireworks Display, Siuslaw River, Florence, OR, 16275-16277 [E7-6145]

Download as PDF 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: VerDate Aug<31>2005 15:40 Apr 03, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 http:// 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 VerDate Aug<31>2005 15:40 Apr 03, 2007 Jkt 211001 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 http://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 Frm 00017 Fmt 4700 Sfmt 4700 16277 through the electronic docket at http:// www.regulations.gov, you may access this ‘‘Federal Register’’ document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://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 http:// 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: http:// 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]


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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