Temporary Safety Zone: Richland Regatta Hydroplane Races, Howard Amon Park, Richland, WA, 33005-33007 [E8-13092]

Download as PDF Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. Dated: May 30, 2008. * * * * * By the Commission. Florence E. Harmon, Acting Secretary. [FR Doc. E8–13093 Filed 6–10–08; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–0476] Drawbridge Upper Mississippi River, Clinton, IA; Repair and Maintenance Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: yshivers on PROD1PC62 with RULES ACTION: SUMMARY: The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Clinton Railroad Drawbridge, Mile 518.0, Clinton, Iowa, across the Upper Mississippi River. The deviation is necessary for the bridge to remain closed-to-navigation for intermittent periods of up to 1 hour and 30 minutes in duration, allowing the bridge owner time to perform necessary repairs to the bridge approaches and adjacent rail bed. DATES: This deviation is effective from 6 a.m. to 8 p.m., July 1, 2008, through July 8, 2008, and from 6 a.m. to 8 p.m., July 16, 2008, through July 22, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0476 and are available online at www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the Robert A. Young Federal Building, Room 2.107F, 1222 Spruce Street, St. Louis, MO 63103–2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge Administrator, (314) 269–2378. The Union Pacific Railroad Company requested a temporary deviation for the Clinton Railroad Drawbridge, mile 518.0, at Clinton, Iowa, across the Upper Mississippi River; to intermittently remain in the closed-to-navigation position for periods of up to 1 hour and 30 minutes in duration to facilitate needed maintenance and repairs. The Clinton Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart. In order to facilitate the needed work, the drawbridge must be kept in the closedto-navigation position. This deviation allows the bridge to intermittently remain in the closed-to-navigation position for periods of up to 1 hour and 30 minutes in duration, from 6 a.m. to 8 p.m., July 1, 2008, through July 8, 2008, and from 6 a.m. to 8 p.m., July 16, 2008, through July 22, 2008. There are no alternate routes for vessels transiting this section of the Upper Mississippi River. The Clinton Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 18.7 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. This temporary deviation has been coordinated with waterway users. No objections were received. In accordance with 33 CFR 117.35(e), the drawbridge shall return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: Dated: June 2, 2008. Roger K. Wiebusch, Bridge Administrator. [FR Doc. E8–13085 Filed 6–10–08; 8:45 am] BILLING CODE 4910–15–P PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 33005 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0448] RIN 1625–AA00 Temporary Safety Zone: Richland Regatta Hydroplane Races, Howard Amon Park, Richland, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone for the Richland Regatta Hydroplane Race to be held on the waters of the Columbia River in the vicinity of Howard Amon Park, Richland, WA. The safety zone will limit the movement of nonparticipating vessels in the race area. This temporary rule is needed to provide for the safety of life on navigable waters during the event. DATES: This regulation is effective from 9 a.m. to 5 p.m. on June 14 and 15, 2008, unless canceled earlier through a broadcast notice to mariners. The Captain of the Port Portland is taking this action to safeguard individuals and vessels. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 0448 and are available online at www.regulations.gov. They are also available for inspection or copying at two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and Coast Guard Sector Portland, 6767 N. Basin Ave., Portland, OR 97217 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: BM2 Joshua Lehner, c/o Captain of the Port Portland, 6767 N. Basin Ave, Portland, OR 97217–3992, and (503) 240–9311. Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for not publishing an NPRM and for making this rule effective less than 30 days after publication in the Federal Register. The emergent and dynamic nature of the event did not allow previous notice. Publishing a NPRM would be contrary E:\FR\FM\11JNR1.SGM 11JNR1 33006 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations to public interest since immediate action is necessary to ensure the safety of vessels and spectators. If normal notice and comment procedures were followed, this rule would not become effective until after the date of the event. For this reason, following the normal rulemaking procedures in this case would be impracticable and contrary to the public. Background and Purpose The Coast Guard is establishing a temporary safety zone to allow for a safe racing event. This event occurs on the Columbia River in the vicinity of Howard Amon Park in Richland, WA and is scheduled to start at 9 a.m. and last until 5 p.m. on June 14 and 15, 2008. This event may result in a number of recreational vessels congregating near the hydroplane races. The hydroplane race poses several dangers to the public including excessive noise, objects falling from any accidents, and hydroplanes racing at high speeds in proximity to other vessels. Accordingly, the Safety Zone is needed to protect watercraft and their occupants from safety hazards associated with the event. This safety zone will be enforced by representatives of the Captain of the Port Portland. The Captain of the Port may be assisted by other federal, state, and local agencies. yshivers on PROD1PC62 with RULES Discussion of Rule This temporary rule will create a safety zone to assist in minimizing the inherent dangers associated with hydroplane races. These dangers include, but are not limited to, excessive noise, race craft traveling at high speed in close proximity to one another and to spectator craft, and the risk of airborne objects from any accidents associated with hydroplanes. In the event that hydroplanes require emergency assistance, rescuers must have immediate and unencumbered access to the craft. The Coast Guard, through this action, intends to promote the safety of personnel, vessels, and facilities in the area. Due to these concerns, public safety requires these regulations to provide for the safety of life on the navigable waters. 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. It is not ‘‘significant’’ under the regulatory policies and procedures of VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 the Department of Homeland Security (DHS). The Coast Guard expects the economic impact of this temporary 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 safety zone established by this rule encompasses an area on the Columbia River near Howard Amon Park in Richland, WA, rarely frequented by commercial navigation. Additionally, the Patrol Commander may, upon request, allow the transit of commercial vessels through the safety zone when it is safe to do so. This regulation is established for the benefit and safety of the recreational boating public, and any negative recreational boating impact is offset by the benefits of allowing the hydroplanes to race. This rule will be enforced from 9 a.m. to 5 p.m. each day on June 14 and 15, 2008. For the above reasons, the Coast Guard does not anticipate any significant economic impact. 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 a portion of the Columbia River during the time mentioned under Background and Purpose. This safety zone will not have a significant economic impact on a substantial number of small entities due to its short duration, small area, and the ability of the Patrol Commander to allow commercial vessels to transit the safety zone when safe to do so. The only vessels likely to be impacted will be recreational boaters, small passenger vessel operators, commercial barge operators, and a ferry that runs through the regulated area twice a day. Because the impacts of this proposal are expected to be so minimal, the Coast Guard certifies under 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary rule will not have a significant economic impact on a substantial number of small entities. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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 We have analyzed this rule under Executive Order 13132 and have determined that this rule does not have implications for federalism under that order. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to incur direct costs without the Federal Government’s having first provided the funds to pay those unfunded mandate costs. This rule will not impose an unfunded mandate. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health E:\FR\FM\11JNR1.SGM 11JNR1 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 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. yshivers on PROD1PC62 with RULES 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 VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 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 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, and Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 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, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. A temporary section in 165.T13– 031 is added to read as follows: § 165.T13–031 Safety Zone; Richland Regatta Hydroplane Races Howard Amon Park, Richland, Washington. (a) Location. The following area is a safety zone: (1) The waters of the Columbia River from bank to bank in the vicinity of Howard Amon Park on the Columbia River in Richland, Washington commencing at the Interstate 182 Bridge and continuing up river Northward 3.0 miles and terminating at the Columbia River Mile 339. (b) Enforcement period. This rule will be in effect from 9 a.m. to approximately 5 p.m. on June 14, 2008 and June 15, 2008, in the described waters of the Columbia River in Richland, Washington. (c) Regulations. In accordance with the general regulations in Section 165.23 of this part, no person or vessel not participating in the actual hydroplane race may enter or remain in this zone unless authorized by the Captain of the Port or his designated representatives. Vessels and persons granted authorization to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port or his designated representatives. (d) Vessels wishing to request permission to enter the safety zone may PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 33007 contact the official patrol on VHF Channel 16 or by calling 503–240–9311. Dated: May 23, 2008. F.G. Myer, Captain, U.S. Coast Guard, Captain of the Port Portland. [FR Doc. E8–13092 Filed 6–10–08; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2007–0297; FRL–8577–9] RIN 2060–AO44 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: With this action, EPA is allocating essential use allowances for import and production of Class I stratospheric ozone-depleting substances (ODSs) for calendar year 2008. Essential use allowances enable a person to obtain controlled Class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of Class I ODSs solely for the designated essential purpose. The allocation in this action is 27.0 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2008. DATES: This final rule is effective June 11, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2007–0297. All documents in the docket are listed on the www.regulations.gov Web site. 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 either electronically through www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. This Docket Facility is open from 8:30 a.m. E:\FR\FM\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Rules and Regulations]
[Pages 33005-33007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13092]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0448]
RIN 1625-AA00


Temporary Safety Zone: Richland Regatta Hydroplane Races, Howard 
Amon Park, Richland, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Richland Regatta Hydroplane Race to be held on the waters of the 
Columbia River in the vicinity of Howard Amon Park, Richland, WA. The 
safety zone will limit the movement of non-participating vessels in the 
race area. This temporary rule is needed to provide for the safety of 
life on navigable waters during the event.

DATES: This regulation is effective from 9 a.m. to 5 p.m. on June 14 
and 15, 2008, unless canceled earlier through a broadcast notice to 
mariners. The Captain of the Port Portland is taking this action to 
safeguard individuals and vessels.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0448 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and Coast Guard 
Sector Portland, 6767 N. Basin Ave., Portland, OR 97217 between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM2 Joshua Lehner, c/o Captain of the 
Port Portland, 6767 N. Basin Ave, Portland, OR 97217-3992, and (503) 
240-9311.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The emergent and dynamic nature of the event did not 
allow previous notice. Publishing a NPRM would be contrary

[[Page 33006]]

to public interest since immediate action is necessary to ensure the 
safety of vessels and spectators. If normal notice and comment 
procedures were followed, this rule would not become effective until 
after the date of the event. For this reason, following the normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow 
for a safe racing event. This event occurs on the Columbia River in the 
vicinity of Howard Amon Park in Richland, WA and is scheduled to start 
at 9 a.m. and last until 5 p.m. on June 14 and 15, 2008. This event may 
result in a number of recreational vessels congregating near the 
hydroplane races. The hydroplane race poses several dangers to the 
public including excessive noise, objects falling from any accidents, 
and hydroplanes racing at high speeds in proximity to other vessels. 
Accordingly, the Safety Zone is needed to protect watercraft and their 
occupants from safety hazards associated with the event. This safety 
zone will be enforced by representatives of the Captain of the Port 
Portland. The Captain of the Port may be assisted by other federal, 
state, and local agencies.

Discussion of Rule

    This temporary rule will create a safety zone to assist in 
minimizing the inherent dangers associated with hydroplane races. These 
dangers include, but are not limited to, excessive noise, race craft 
traveling at high speed in close proximity to one another and to 
spectator craft, and the risk of airborne objects from any accidents 
associated with hydroplanes. In the event that hydroplanes require 
emergency assistance, rescuers must have immediate and unencumbered 
access to the craft. The Coast Guard, through this action, intends to 
promote the safety of personnel, vessels, and facilities in the area. 
Due to these concerns, public safety requires these regulations to 
provide for the safety of life on the navigable waters.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
temporary 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 safety zone established by 
this rule encompasses an area on the Columbia River near Howard Amon 
Park in Richland, WA, rarely frequented by commercial navigation. 
Additionally, the Patrol Commander may, upon request, allow the transit 
of commercial vessels through the safety zone when it is safe to do so. 
This regulation is established for the benefit and safety of the 
recreational boating public, and any negative recreational boating 
impact is offset by the benefits of allowing the hydroplanes to race. 
This rule will be enforced from 9 a.m. to 5 p.m. each day on June 14 
and 15, 2008. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

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 a portion of the Columbia River during the time 
mentioned under Background and Purpose. This safety zone will not have 
a significant economic impact on a substantial number of small entities 
due to its short duration, small area, and the ability of the Patrol 
Commander to allow commercial vessels to transit the safety zone when 
safe to do so. The only vessels likely to be impacted will be 
recreational boaters, small passenger vessel operators, commercial 
barge operators, and a ferry that runs through the regulated area twice 
a day. Because the impacts of this proposal are expected to be so 
minimal, the Coast Guard certifies under 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this temporary rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health

[[Page 33007]]

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 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, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 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, 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. A temporary section in 165.T13-031 is added to read as follows:


Sec.  165.T13-031  Safety Zone; Richland Regatta Hydroplane Races 
Howard Amon Park, Richland, Washington.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Columbia River from bank to bank in the 
vicinity of Howard Amon Park on the Columbia River in Richland, 
Washington commencing at the Interstate 182 Bridge and continuing up 
river Northward 3.0 miles and terminating at the Columbia River Mile 
339.
    (b) Enforcement period. This rule will be in effect from 9 a.m. to 
approximately 5 p.m. on June 14, 2008 and June 15, 2008, in the 
described waters of the Columbia River in Richland, Washington.
    (c) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel not participating in 
the actual hydroplane race may enter or remain in this zone unless 
authorized by the Captain of the Port or his designated 
representatives. Vessels and persons granted authorization to enter the 
safety zone shall obey all lawful orders or directions of the Captain 
of the Port or his designated representatives.
    (d) Vessels wishing to request permission to enter the safety zone 
may contact the official patrol on VHF Channel 16 or by calling 503-
240-9311.

    Dated: May 23, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
 [FR Doc. E8-13092 Filed 6-10-08; 8:45 am]
BILLING CODE 4910-15-P