Temporary Safety Zone: Arlington Chamber of Commerce Fireworks Display, Arlington, OR, 34872-34874 [E8-13834]

Download as PDF 34872 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations (ii) Effective time and date. 8 p.m. to 10:30 p.m. on July 4, 2008. (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008. (7) Port Orchard 4th of July Fireworks, Port Orchard, WA (15) Sheridan Beach Community Club, Lake Forest, WA (i) Location. All water of Lake Washington extending out to a 300′ radius from the launch site at 47°44′47″ N 122°16′55″ W. (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008. (i) Location. All water of Port Orchard extending out to a 1,000′ radius from the launch site at 47°32′53″ N 122°37′55″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (8) Yarrow Point Community 4th, Yarrow Point, WA (i) Location. All water of Lake Washington extending out to a 400′ radius from the launch site at 47°39′45″ N 122°13′30″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (9) Port Angeles Chamber of Commerce, Port Angeles Bay, WA (i) Location. All water of Port Angeles Bay extending out to a 400′ radius from the launch site at 48°07′02″ N 123°24′58″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (10) Lake Forest Park 4th of July, Bothell, WA (i) Location. All water of Lake Washington extending out to a 400′ radius from the launch site at 47°45′07″ N 122°16′22″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (11) Three Tree Point Community, Three Tree Point, WA (i) Location. All water of Puget Sound extending out to a 500′ radius from the launch site at 47°27′01″ N 122°23′09″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (12) City of Renton, Renton, WA (i) Location. All water of Lake Washington extending out to a 400′ radius from the launch site at 47°29′59″ N 122°11′51″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (13) Port Townsend Sunrise Rotary, Port Townsend, WA jlentini on PROD1PC65 with RULES (i) Location. All water of Port Townsend extending out to a 500′ radius from the launch site at 47°44′56″ N 122°39′11″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (14) Vashon Island 4th of July, Quartermaster Harbor, WA (i) Location. All water of Quartermaster Harbor extending out to a 1,300′ radius from the launch site at 47°24′00″ N 122°27′00″ W. VerDate Aug<31>2005 16:32 Jun 18, 2008 Jkt 214001 (16) City of Kenmore 4th of July, Kenmore, WA (i) Location. All water of Lake Washington extending out to a 400′ radius from the launch site at 47°45′43″ N 122°15′50″ W. (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008. (17) Fireworks Display, Henderson Bay, WA (i) Location. All water of Henderson Bay extending out to a 700′ radius from the launch site at 47°21′48″ N 122°38′22″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (18) Kingston Fireworks Display, Kingston, WA (i) Location. All water of Appletree Cove extending out to a 400′ radius from the launch site at 47°47′33″ N 122°29′55″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (19) Des Moines 4th of July, Des Moines, WA (i) Location. All water of East Passage extending out to a 500′ radius from the launch site at 47°24′10″ N 122°20′05″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (20) Kirkland 4th of July, Kirkland, WA (i) Location. All water of Lake Washington extending out to a 700′ radius from the launch site at 47°40′26″ N 122°12′56″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (21) 4th of July Display, Port Ludlow, WA (i) Location. All water of Port Ludlow extending out to a 500′ radius from the launch site at 47°55′14″ N 122°41′11″ W. (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008. (22) Grapeview Patriotic Event, Grapeview, WA (i) Location. All water of Case Inlet extending out to a 800′ radius from the launch site at 47°19′17″ N 122°50′08″ W. (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 4, 2008. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 (23) 4th of July, Roche Harbor, WA (i) Location. All water of Roche Harbor extending out to a 400′ radius from the launch site at 48°36′40″ N 123°09′34″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (24) Orcas Island Fireworks Display, Orcas, WA (i) Location. All water of East Sound extending out to a 700′ radius from the launch site at 48°41′20″ N 122°54′28″ W. (ii) Effective time and date. 9 p.m. to 11:30 p.m. on July 4, 2008. (25) Langlies Old Fashioned Independence, Indianola, WA (i) Location. All water of Admiral Inlet extending out to a 500′ radius from the launch site at 47°44′49″ N 122°31′32″ W. (ii) Effective time and date. 8:30 p.m. to 11 p.m. on July 5, 2008. (26) Olele Point Patriotic Celebration, Port Ludlow, WA (i) Location. All water of Admiral Inlet extending out to a 800′ radius from the launch site at 47°58′22″ N 122°41′18″ W. (ii) Effective time and date. 7 p.m. to 9:30 p.m. on July 5, 2008. (b) Regulations. In accordance with the general regulations in 33 CFR Part 165, Subpart C, no vessel may enter, transit, moor, or anchor within these safety zones, except for vessels authorized by the Captain of the Port or his designated representatives. (c) Enforcement Period. This rule is effective from 8 a.m. on June 7, 2008 until 8 a.m. on July 6, 2008 unless cancelled sooner by the Captain of the Port. Dated: June 5, 2008. Stephen P. Metruck, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. E8–13835 Filed 6–18–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–0487] RIN 1625–AA00 Temporary Safety Zone: Arlington Chamber of Commerce Fireworks Display, Arlington, OR Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: E:\FR\FM\19JNR1.SGM 19JNR1 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations SUMMARY: The Coast Guard is establishing a temporary safety zone for the Arlington Chamber of Commerce Fireworks Display to be held on the waters of the Columbia River in the vicinity of Arlington’s waterfront in Arlington, Oregon. The safety zone will restrict vessels from entering the designated area during the fireworks display. This temporary rule is needed to provide for the safety of life on navigable waters during the event. DATES: This regulation is effective from 8:30 p.m. to 11:30 p.m. on June 28, 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– 0487 and are available online at http://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. jlentini on PROD1PC65 with RULES 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 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 VerDate Aug<31>2005 16:32 Jun 18, 2008 Jkt 214001 fireworks display. This event occurs on the Columbia River in the vicinity of Arlington’s waterfront, Arlington, Oregon and is scheduled to start at 8:30 p.m. and last until 11:30 p.m. on June 28, 2008. This event may result in a number of recreational vessels congregating near the fireworks display. The firework display poses several dangers to the public including excessive noise, falling firework debris and possible explosion. 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 fireworks display. These dangers include, but are not limited to, excessive noise, falling firework debris and possible explosion. 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. 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 Arlington’s Waterfront in Arlington, OR rarely frequented by commercial navigation or public boating. 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 fireworks display. This rule will be enforced from 8:30 p.m. to 11:30 p.m. on June 28, 2008. For the above reasons, the Coast Guard does not anticipate any significant economic impact. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 34873 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 and small area. The only vessels likely to be impacted will be recreational boaters, small passenger vessel operators and commercial barge operators. 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). E:\FR\FM\19JNR1.SGM 19JNR1 34874 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations 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 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. jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 16:32 Jun 18, 2008 Jkt 214001 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 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– 037 is added to read as follows: 165.T13–037 Safety Zone; Arlington Chamber of Commerce Fireworks Display, Arlington, Oregon. (a) Location. The following area is a safety zone: The waters of the Columbia River from surface to bottom, encompassed by lines connecting the following points: from the southern bank of the Columbia River to latitude 45°43′29″ N, longitude 120°12′12″ W, thence to 45°43′31″ N, 120°12′06″ W, thence to the southern shoreline located at 45°43′26″ N, 120°12′02″ W in the vicinity of Arlington’s waterfront on the Columbia River in Arlington, Oregon at river mile 243. (b) Enforcement period. This rule will be in effect from 8:30 p.m. to approximately 11:30 p.m. on June 28, 2008 in the described waters of the Columbia River in Arlington, Oregon. (c) Regulations. In accordance with the general regulations in Section 165.23 of this part, no person or vessel not participating in the actual fireworks display 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: June 6, 2008. F.G. Myer, Captain, U.S. Coast Guard, Captain of the Port Portland. [FR Doc. E8–13834 Filed 6–18–08; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. 40 CFR Part 52 I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: CFR Correction PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS In title 40 of the Code of Federal Regulations, part 52 (§§ 52.01 to 52.1018), revised as of July 1, 2007, on page 250, in § 52.229, in paragraph (c), in the first sentence, remove the word ‘‘anderfere’’ and replace it with the words ‘‘and no analysis has been 1. The authority citation for part 165 continues to read as follows: I PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Approval and Promulgation of Implementation Plans E:\FR\FM\19JNR1.SGM 19JNR1

Agencies

[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34872-34874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13834]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0487]
RIN 1625-AA00


Temporary Safety Zone: Arlington Chamber of Commerce Fireworks 
Display, Arlington, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

[[Page 34873]]

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Arlington Chamber of Commerce Fireworks Display to be held on the 
waters of the Columbia River in the vicinity of Arlington's waterfront 
in Arlington, Oregon. The safety zone will restrict vessels from 
entering the designated area during the fireworks display. This 
temporary rule is needed to provide for the safety of life on navigable 
waters during the event.

DATES: This regulation is effective from 8:30 p.m. to 11:30 p.m. on 
June 28, 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-2008-0487 and are available online 
at http://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 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 fireworks display. This event occurs on the Columbia River 
in the vicinity of Arlington's waterfront, Arlington, Oregon and is 
scheduled to start at 8:30 p.m. and last until 11:30 p.m. on June 28, 
2008. This event may result in a number of recreational vessels 
congregating near the fireworks display. The firework display poses 
several dangers to the public including excessive noise, falling 
firework debris and possible explosion. 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 fireworks display. 
These dangers include, but are not limited to, excessive noise, falling 
firework debris and possible explosion. 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. 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 
Arlington's Waterfront in Arlington, OR rarely frequented by commercial 
navigation or public boating. 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 
fireworks display. This rule will be enforced from 8:30 p.m. to 11:30 
p.m. on June 28, 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 and small area. The only vessels likely to be 
impacted will be recreational boaters, small passenger vessel operators 
and commercial barge operators. 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).

[[Page 34874]]

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 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 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, 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.T13-037 is added to read as follows: 
165.T13-037 Safety Zone; Arlington Chamber of Commerce Fireworks 
Display, Arlington, Oregon.
    (a) Location. The following area is a safety zone: The waters of 
the Columbia River from surface to bottom, encompassed by lines 
connecting the following points: from the southern bank of the Columbia 
River to latitude 45[deg]43'29'' N, longitude 120[deg]12'12'' W, thence 
to 45[deg]43'31'' N, 120[deg]12'06'' W, thence to the southern 
shoreline located at 45[deg]43'26'' N, 120[deg]12'02'' W in the 
vicinity of Arlington's waterfront on the Columbia River in Arlington, 
Oregon at river mile 243.
    (b) Enforcement period. This rule will be in effect from 8:30 p.m. 
to approximately 11:30 p.m. on June 28, 2008 in the described waters of 
the Columbia River in Arlington, Oregon.
    (c) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel not participating in 
the actual fireworks display 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: June 6, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E8-13834 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-15-P