Safety Zones: Fireworks Displays in the Captain of the Port Columbia River Zone, 18393-18395 [2011-7877]
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
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
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone in the Marina of Corpus Christi,
Texas.
An environmental analysis checklist
and a categorical exclusion
determination are 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 amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
sroberts on DSK69SOYB1PROD with RULES
■
Authority: Authority: 33 U.S.C. 1226, 1231;
46 U.S.C. Chapter 701, 3306, 3703; 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.
2. Add temporary § 165.T08–0140 to
read as follows:
■
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
§ 165.T08–0140 Safety Zone; Texas
International Boat Show Power Boat Races,
Corpus Christi Marina, Corpus Christi, TX.
(a) Regulated area. The following
regulated area is a safety zone. All
waters of the Corpus Christi Marina
contained between the People’s Street
T-Head on the west, the primary
breakwater on the east, the southern
boundary running from the
southernmost tip of the People’s Street
T-Head (approx 27N 47′43.4″, ¥97W
23′16″) along a line running due east to
the breakwater (approx 27N 47′43.8″,
¥97W 23′5.2″), and the northern
boundary line running from the
northern most tip of the secondary
breakwater (approx 27N 47′57″, ¥97W
23′21.7″) and the end of the primary
breakwater (approx 27N 47′59.1″, ¥97
23′9.5″).
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, State, and local
officers designated by or assisting the
Captain of the Port Corpus Christi in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Corpus Christi or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port Corpus
Christi via telephone at 361–939–6393,
or a designated representative via VHF
radio on channel 16, to seek permission.
If permission to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Corpus Christi or a
designated representative, all persons
and vessels receiving such permission
must comply with the instructions of
the Captain of the Port Corpus Christi or
a designated representative.
(3) The Coast Guard will provide
notice of the regulated area via local
notice to mariners, marine safety
information bulletins, broadcast notice
to mariners, and by on-scene designated
representatives.
(d) Enforcement period. The rule is
effective from April 8, 2011 until April
10, 2011. The rule will be enforced daily
between 7 a.m. and 8 p.m. for the period
of 15 minutes before each race or race
heat starts to a period of 15 minutes
following the conclusion of each race or
race heat. Potential users of the waters
contained in the safety zone will be
notified by VHF–FM radio from the
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
18393
Patrol Commander and also from a
designated representative of the Captain
of the Port over the race committee’s
loud hailer speaker system when the
safety zone will be implemented for the
15 minutes before each race or race heat.
The same methods of notification will
be used to make notifications of the
subsequent re-opening of the waters
contained in the safety zone
approximately 15 minutes following the
conclusion of each race or race heat
when the power boats have departed the
race course.
(e) Penalties. Vessels or persons
violating this rule would be subject to
the penalties set forth in 33 U.S.C. 1232
and 50 U.S.C. 192.
Dated: March 2, 2011.
K. Moore,
Captain, U.S. Coast Guard, Alternate Captain
of the Port Corpus Christi.
[FR Doc. 2011–7876 Filed 4–1–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0997]
RIN 1625–AA00
Safety Zones: Fireworks Displays in
the Captain of the Port Columbia River
Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
the enforcement period for the safety
zone established for the Oregon
Symphony Concert Fireworks Display
in Portland, Oregon. The amendment is
necessary because in recent years the
actual date of the event has differed
from that listed in the enforcement
period of the regulation.
DATES: This rule is effective May 4,
2011.
SUMMARY:
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0997 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0997 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
ADDRESSES:
E:\FR\FM\04APR1.SGM
04APR1
18394
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail MST1 Jaime Sayers, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone 503–240–9319, e-mail
Jaime.A.Sayers@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 23, 2010, we published
a notice of proposed rulemaking
(NPRM) entitled Safety Zones:
Fireworks Displays in the Captain of the
Port Columbia River Zone in the
Federal Register (75 FR 71408). We
received no comments on the proposed
rule. A public meeting was not
requested and none was held.
Background and Purpose
The Oregon Symphony Concert
Fireworks Display in Portland, Oregon
is an annual fireworks event requiring a
safety zone to ensure the safety of the
maritime public due to the inherent
dangers associated with such events.
Although the safety zone is codified in
33 CFR 165.1315(a)(7), in recent years
the enforcement period in that
regulation has not covered the actual
date of the event. As such, the Coast
Guard has had to publish a new safety
zone for the event. This amendment will
change the enforcement period in 33
CFR 165.1315(a)(7) to more accurately
cover the time period of when the event
occurs each year.
Discussion of Comments and Changes
No comments on the proposed
rulemaking were received and no
changes made to the rule.
sroberts on DSK69SOYB1PROD with RULES
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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 has made this
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
determination based on the fact that this
rule only changes the period during
which the safety zone established in 33
CFR 165.1315(a)(7) may be effective and
enforced.
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 may affect the following
entities some of which may be small
entities: The owners or operators of
vessels wishing to transit the safety zone
established by this rule. This rule will
not have a significant economic impact
on a substantial number of small
entities, however, because it only
changes the period during which the
safety zone established in 33 CFR
165.1315(a)(7) may be made effective
and enforced.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could 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 Ombudsman and the
Regional Small Business Regulatory
Fairness Boards. The Ombudsman
evaluates these actions annually and
rates each agency’s responsiveness to
small businesses. If you wish to
comment on actions by employees of
the Coast Guard, call 1–888–REG–FAIR
(1–888–734–3247). 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 rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause 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
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Amend § 165.1315 by revising
Paragraph (a)(7)(ii) to read as follows:
■
§ 165.1315 Safety Zones: Fireworks
Displays in the Captain of the Port
Columbia River Zone.
(a) * * *
(7) * * *
(ii) Enforcement Period. One day
between the third week of August and
the third week of September.
*
*
*
*
*
Dated: March 19, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2011–7877 Filed 4–1–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
sroberts on DSK69SOYB1PROD with RULES
Environment
[Docket No. USCG–2011–0139]
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves amending the enforcement
period of an existing safety zone. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
RIN 1625–AA00
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
Safety Zone; Naval Air Station Corpus
Christi Air Show, Oso Bay, Corpus
Christi, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Oso Bay in
Corpus Christi, Texas in support of the
2011 Naval Air Station Corpus Christi
Air Show. This temporary safety zone is
necessary to provide for the safety of
other vessels and users of the waterway.
Persons and vessels would be
prohibited from entering into, transiting
through, or anchoring within this
temporary safety zone unless authorized
by the Captain of the Port or his
designated representative.
DATES: This rule is effective from 8 a.m.
Friday, April 8, 2011 until 7 p.m.
Sunday, April 10, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
SUMMARY:
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
18395
docket are part of docket USCG–2011–
0139 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0139 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail LT Wes Geyer, Sector
Corpus Christi Waterways Management
Division, Coast Guard; telephone 361–
888–3162, e-mail
Wes.M.Geyer@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is necessary to ensure
the safety of participants and spectators
in the Naval Air Station Corpus Christi
Air Show.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the need for immediate
action and the fact the no commercial
entities and very few recreational
fisherman utilize this section of Oso
Bay, the restriction of vessel traffic and
spectator craft is necessary to protect
life, property and the environment;
therefore, a 30-day notice is
impracticable. Delaying the effective
date would be contrary to the safety
zone’s intended objectives of protecting
participants and spectators in the Naval
Air Station Corpus Christi Air Show.
Basis and Purpose
The Coast Guard is establishing this
temporary safety zone to help ensure the
E:\FR\FM\04APR1.SGM
04APR1
]]>Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18393-18395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7877]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0997]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port
Columbia River Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the enforcement period for the
safety zone established for the Oregon Symphony Concert Fireworks
Display in Portland, Oregon. The amendment is necessary because in
recent years the actual date of the event has differed from that listed
in the enforcement period of the regulation.
DATES: This rule is effective May 4, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0997 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0997 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE.,
[[Page 18394]]
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail MST1 Jaime Sayers, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, e-mail
Jaime.A.Sayers@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 23, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones: Fireworks Displays in the Captain of the
Port Columbia River Zone in the Federal Register (75 FR 71408). We
received no comments on the proposed rule. A public meeting was not
requested and none was held.
Background and Purpose
The Oregon Symphony Concert Fireworks Display in Portland, Oregon
is an annual fireworks event requiring a safety zone to ensure the
safety of the maritime public due to the inherent dangers associated
with such events. Although the safety zone is codified in 33 CFR
165.1315(a)(7), in recent years the enforcement period in that
regulation has not covered the actual date of the event. As such, the
Coast Guard has had to publish a new safety zone for the event. This
amendment will change the enforcement period in 33 CFR 165.1315(a)(7)
to more accurately cover the time period of when the event occurs each
year.
Discussion of Comments and Changes
No comments on the proposed rulemaking were received and no changes
made to the rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 has made this
determination based on the fact that this rule only changes the period
during which the safety zone established in 33 CFR 165.1315(a)(7) may
be effective and enforced.
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 may affect the following entities some of which may
be small entities: The owners or operators of vessels wishing to
transit the safety zone established by this rule. This rule will not
have a significant economic impact on a substantial number of small
entities, however, because it only changes the period during which the
safety zone established in 33 CFR 165.1315(a)(7) may be made effective
and enforced.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
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 Ombudsman
and the Regional Small Business Regulatory Fairness Boards. The
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small businesses. If you wish to comment on actions
by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause 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
[[Page 18395]]
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves amending the enforcement period of
an existing safety zone. An environmental analysis checklist and a
categorical exclusion determination are 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 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Amend Sec. 165.1315 by revising Paragraph (a)(7)(ii) to read as
follows:
Sec. 165.1315 Safety Zones: Fireworks Displays in the Captain of the
Port Columbia River Zone.
(a) * * *
(7) * * *
(ii) Enforcement Period. One day between the third week of August
and the third week of September.
* * * * *
Dated: March 19, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-7877 Filed 4-1-11; 8:45 am]
BILLING CODE 9110-04-P
