Safety Zones: Fireworks Displays in the Captain of the Port Portland Zone, 20087-20089 [E7-7634]
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Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Proposed Rules
refund may be deductible under
§ 20.2053–3(d)(3). A protective claim for
refund of estate taxes may be filed
before the expiration of the period of
limitations for claims for refund in order
to preserve the estate’s right to claim a
refund if the amount of a deductible tax
liability may be affected by such an
adjustment or refund. The application of
this section may be illustrated by the
following examples:
Example 1. Increase in tax due. After the
decedent’s death, the Internal Revenue
Service examines the gift tax return filed by
the decedent in the year before the
decedent’s death and asserts a deficiency of
$100x. The estate spends $30x in a nonfrivolous defense against the increased
deficiency. The final determination of the
deficiency, in the amount of $90x, is paid by
the estate. The estate may deduct $90× under
section 2053(a)(3) and $30x under § 20.2053–
3(c)(2) or (d)(3).
Example 2. Refund of taxes paid.
Decedent’s estate timely files D’s individual
income tax return for the year in which the
decedent died. The estate timely pays the
entire amount of the tax due, $50x, as shown
on that return. The entire $50x was
attributable to income received prior to the
decedent’s death. Decedent’s estate
subsequently discovers an error on the
income tax return and files a timely claim for
refund. Decedent’s estate receives a refund of
$10x. The estate is only allowed a deduction
of $40x under section 2053(a)(3) for the
income tax liability accrued prior to the
decedent’s death. If a deduction for $50x was
allowed on the estate tax return prior to the
receipt of the refund, it shall be the duty of
the executor to notify the Commissioner of
the change and to pay the resulting tax, with
interest.
(h) Effective date. The rules of this
section apply to the estates of decedents
dying on or after the date of publication
of the Treasury decision adopting these
rules as final regulations in the Federal
Register.
Par. 7. Section 20.2053–9 is amended
as follows:
1. Revising the heading for paragraph
(a) and adding a sentence at the end of
paragraph (a).
2. Revising the first and last sentences
of paragraph (c).
3. Adding new paragraph (f).
The revisions and addition read as
follows:
pwalker on PROD1PC71 with PROPOSALS
§ 20.2053–9 Deduction for certain state
death taxes.
(a) General rules for the estates of
decedents dying on or before December
31, 2004.* * * For the estates of
decedents dying after December 31,
2004, see section 2058 to determine the
deductibility of state death taxes.
*
*
*
*
*
(c) Exercise of election. The election
to take a deduction for a state death tax
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17:50 Apr 20, 2007
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imposed upon a transfer for charitable,
etc., uses shall be exercised by the
executor by the filing of a written
notification to that effect with the
Commissioner. * * * The election may
be revoked by the executor by the filing
of a written notification to that effect
with the Commissioner at any time
before the expiration of such period.
*
*
*
*
*
(f) Effective date. The rules of this
section apply to the estates of decedents
dying on or before December 31, 2004.
Par. 8. Section 20.2053–10 is
amended by revising paragraph (c) and
adding a new paragraph (e) to read as
follows:
§ 20.2053–10
death taxes.
Deduction for certain foreign
*
*
*
*
*
(c) Exercise of election. The election
to take a deduction for a foreign death
tax imposed upon a transfer for
charitable, etc., uses shall be exercised
by the executor by the filing of a written
notification to that effect with the
Commissioner. An election to take the
deduction for foreign death taxes is
deemed to be a waiver of the right to
claim a credit under a treaty with any
foreign country for any tax or portion
thereof claimed as a deduction under
this section. The notification shall be
filed before the expiration of the period
of limitations for assessment provided
in section 6501 (usually 3 years from the
last day for filing the return). The
election may be revoked by the executor
by the filing of a written notification to
that effect with the Commissioner at any
time before the expiration of such
period.
*
*
*
*
*
(e) Effective date. The rules of this
section apply to the estates of decedents
dying on or after the date of publication
of the Treasury decision adopting these
rules as final regulations in the Federal
Register.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E7–7601 Filed 4–20–07; 8:45 am]
BILLING CODE 4830–01–P
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20087
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–07–009]
RIN 1625–AA00
Safety Zones: Fireworks Displays in
the Captain of the Port Portland Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is proposing
to amend its regulations to establish
additional 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
annual 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 zones is prohibited unless
authorized by the Captain of the Port.
DATES: Comments and related material
must reach the Coast Guard on or before
May 23, 2007.
ADDRESSES: You may mail comments
and related material to Petty Officer
Michelle Duty at Sector Portland 6767
N. Basin Ave., Portland, OR 97217.
Sector Portland maintains the public
docket for this rulemaking. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at Sector Portland between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Michelle Duty, c/o Captain
of the Port, Portland 6767 N. Basin
Avenue, Portland, Oregon 97217, 503–
240–2590.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD13–07–009),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
E:\FR\FM\23APP1.SGM
23APP1
20088
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Proposed Rules
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Sector
Portland at the address under
ADDRESSES explaining why one would
be beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The Coast Guard is proposing
establish additional permanent safety
zones to allow for safe annual 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.
These safety zones 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.
pwalker on PROD1PC71 with PROPOSALS
Discussion of Proposed Rule
This proposed rule, for safety
concerns, will control vessels, personnel
and individual movements in a
regulated area surrounding the
following fireworks events: Hillman 4th
of July Fireworks Display, Vancouver
WA; East County 4th of July Fireworks
Gresham, OR; Port of Cascade Locks
July 4th Display, Cascade Locks OR;
Gladstone 4th of July Celebration,
Gladstone, OR. 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 proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS). We expect the economic impact
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16:49 Apr 20, 2007
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of this proposed rule to be so minimal
that a full Regulatory Evaluation under
the regulatory policies and procedures
of DHS is unnecessary. This expectation
is based on the fact that the regulated
areas established by the regulation will
be of limited duration and encompass
small portions of the Columbia River in
the Portland AOR in the evening when
vessel traffic is low.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
This proposed 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 Columbia River during
the times mentioned in proposed
regulation text § 165.1315(a)(15–18) at
the conclusion of this proposed rule.
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.
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 three hours 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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please contact Petty Officer
PO 00000
Frm 00028
Fmt 4702
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Michelle Duty by phone at 503–247–
4015 or by e-mail at
Michelle.K.Duty@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such expenditure, we do
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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23APP1
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Proposed Rules
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
pwalker on PROD1PC71 with PROPOSALS
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, 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
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16:49 Apr 20, 2007
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Instruction, from further environmental
documentation. This rule establishes
safety zones which have duration of no
more than three hours each.
A final ‘‘Environmental Analysis
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.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
20089
(i) Location. All water of the
Columbia River forming a 800 foot
radius from the land launching point:
45°22′21″ N, 122°36′34″ W.
(ii) Enforcement Period. This section
is enforced annually on July fourth from
8:30 p.m. to 11:30 p.m. (PDT).
(b) * * *
(2) Designated representative means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers or other officers operating Coast
Guard vessel and a Federal, State, and
local officers designated by or assisting
the Captain of the Port Portland (COTP)
in the enforcement of the safety zone.
*
*
*
*
*
Dated: March 20, 2007.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. E7–7634 Filed 4–20–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
2. Amend § 165.1315 by adding
paragraphs (a)(15) through (18) and
(b)(2) to read as follows.
Coast Guard
§ 165.1315 Safety Zones: Fireworks
displays in the Captain of the Port Portland
Zone.
[CGD09–07–013]
(a) * * *
(15) Hillman 4th of July Fireworks
Display, Vancouver WA:
(i) Location. All water of the
Columbia River forming a 600 foot
radius from the land launching point of:
45°35′46″ N, 122°32′22″ W.
(ii) Enforcement Period. This section
is enforced annually on July fourth from
approximately 8:30 p.m. to 11:30 p.m.
(PDT).
(16) East County 4th of July Fireworks
Gresham, OR
(i) Location. All water of the
Columbia River forming a 600 foot
radius from the land launching point:
45°33′ 33″ N, 122°27′03″ W in the
vicinity of Blue Lake Park.
(ii) Enforcement Period. This section
is enforced annually on July fourth from
8:30 p.m. to 11:30 p.m. (PDT).
(17) Port of Cascade Locks July 4th
Display, Cascade Locks OR.
(i) Location. All water of the
Columbia River forming a 600 foot
radius from the land launching point:
45°40′16″ N 121°53′38″ W the North
point of Thunder Island.
(ii) Enforcement Period. This section
is enforced annually on July fourth from
8:30 p.m. to 11:30 p.m. (PDT).
(18) Gladstone 4th of July Celebration,
Gladstone, OR
Safety Zone, Kenosha Harbor,
Kenosha, WI
PO 00000
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33 CFR Part 165
RIN 1625–AA00
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone near
Kenosha Harbor, Kenosha, Wisconsin.
This zone is intended to control the
movement of vessels on portions of Lake
Michigan during the Spill Of National
Significance (SONS) exercise on June 19
and 20, 2007. This zone is necessary to
protect the public from the hazards
associated with ships and boats
deploying oil containment equipment.
DATES: Comments and related material
must reach the Coast Guard on or before
May 8, 2007.
ADDRESSES: You may mail comments
and related material to Commander,
Coast Guard Sector Lake Michigan
(spw), 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207. The Sector
Lake Michigan Prevention Department
maintains the public docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
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]]>Agencies
[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Proposed Rules]
[Pages 20087-20089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7634]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-07-009]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend its regulations to
establish additional 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 annual 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 zones is prohibited unless authorized by the Captain
of the Port.
DATES: Comments and related material must reach the Coast Guard on or
before May 23, 2007.
ADDRESSES: You may mail comments and related material to Petty Officer
Michelle Duty at Sector Portland 6767 N. Basin Ave., Portland, OR
97217. Sector Portland maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Sector Portland between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Michelle Duty, c/o
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon
97217, 503-240-2590.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD13-07-
009), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
[[Page 20088]]
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Portland at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard is proposing establish additional permanent safety
zones to allow for safe annual 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. These safety zones 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 Proposed Rule
This proposed rule, for safety concerns, will control vessels,
personnel and individual movements in a regulated area surrounding the
following fireworks events: Hillman 4th of July Fireworks Display,
Vancouver WA; East County 4th of July Fireworks Gresham, OR; Port of
Cascade Locks July 4th Display, Cascade Locks OR; Gladstone 4th of July
Celebration, Gladstone, OR. 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 proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We expect the economic impact of this proposed
rule to be so minimal that a full Regulatory Evaluation under the
regulatory policies and procedures of DHS is unnecessary. This
expectation is based on the fact that the regulated areas established
by the regulation will be of limited duration and encompass small
portions of the Columbia River in the Portland AOR in the evening when
vessel traffic is low.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed 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 Columbia River during the times
mentioned in proposed regulation text Sec. 165.1315(a)(15-18) at the
conclusion of this proposed rule.
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. 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 three hours 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance; please contact Petty Officer Michelle Duty by
phone at 503-247-4015 or by e-mail at Michelle.K.Duty@uscg.mil. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 20089]]
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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 duration of no more than three hours each.
A final ``Environmental Analysis 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Amend Sec. 165.1315 by adding paragraphs (a)(15) through (18)
and (b)(2) to read as follows.
Sec. 165.1315 Safety Zones: Fireworks displays in the Captain of the
Port Portland Zone.
(a) * * *
(15) Hillman 4th of July Fireworks Display, Vancouver WA:
(i) Location. All water of the Columbia River forming a 600 foot
radius from the land launching point of: 45[deg]35'46'' N,
122[deg]32'22'' W.
(ii) Enforcement Period. This section is enforced annually on July
fourth from approximately 8:30 p.m. to 11:30 p.m. (PDT).
(16) East County 4th of July Fireworks Gresham, OR
(i) Location. All water of the Columbia River forming a 600 foot
radius from the land launching point: 45[deg]33' 33'' N,
122[deg]27'03'' W in the vicinity of Blue Lake Park.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 8:30 p.m. to 11:30 p.m. (PDT).
(17) Port of Cascade Locks July 4th Display, Cascade Locks OR.
(i) Location. All water of the Columbia River forming a 600 foot
radius from the land launching point: 45[deg]40'16'' N 121[deg]53'38''
W the North point of Thunder Island.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 8:30 p.m. to 11:30 p.m. (PDT).
(18) Gladstone 4th of July Celebration, Gladstone, OR
(i) Location. All water of the Columbia River forming a 800 foot
radius from the land launching point: 45[deg]22'21'' N, 122[deg]36'34''
W.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 8:30 p.m. to 11:30 p.m. (PDT).
(b) * * *
(2) Designated representative means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers or other officers
operating Coast Guard vessel and a Federal, State, and local officers
designated by or assisting the Captain of the Port Portland (COTP) in
the enforcement of the safety zone.
* * * * *
Dated: March 20, 2007.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. E7-7634 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-15-P
