[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16275-16277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6145]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-07-012]
RIN 1625-AA00


Safety Zone; Florence Rhodie Days Fireworks Display, Siuslaw 
River, Florence, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Siuslaw River during a fireworks display. The Captain of 
the Port, Portland, Oregon is taking this action to safeguard 
watercraft and their occupants from safety hazards associated with this 
display. Entry into this safety zone is prohibited unless authorized by 
the Captain of the Port.

DATES: This rule is effective on May 9, 2007 from 8:30 p.m. until 11:30 
p.m. (PDT).

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD13-07-012) and are available for 
inspection or copying at U.S. Coast Guard Sector Portland, 6767 N. 
Basin Avenue, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Lucia Mack, c/o Captain 
of the Port, Portland, 6767 N. Basin Avenue, Portland, Oregon 97217 
(503-240-2590).

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. If normal notice and comment 
procedures were followed, this rule would not become effective until 
after the date of the event. Publishing an NPRM would be contrary to 
the public interest because immediate action is necessary to ensure the 
safety of vessels and spectators gathering in the vicinity of the 
fireworks launching barge.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to protect 
against the hazards associated with a fireworks display. This event 
occurs on the Siuslaw River in Florence, Oregon and is scheduled to 
start at 10 p.m. and end at approximately 10:15 p.m. on May 9, 2007. 
This event may result in a number of vessels congregating near the 
fireworks launching site. The safety zone is needed to protect 
watercraft and their occupants from safety hazards associated with 
fireworks displays.

Discussion of Rule

    This rule establishes a safety zone to protect vessels and 
individuals from the hazards associated with a fireworks display. The 
safety zone will be located on the waters of the Siuslaw River in 
Florence, Oregon, encompassed by lines connecting the following points, 
beginning at 43[deg]28'20'' N/124[deg]04'46'' W, thence to 
43[deg]25'07'' N/124[deg]04'40'' W, thence to 43[deg]57'48'' N/
124[deg]05'54'' W, thence to 43[deg]28'05'' N/124[deg]05'54'' W, thence 
to the beginning point. This safety zone will commence prior to the 
launching of the fireworks in order to clear boaters out of the area 
for their own protection, and will last longer than the scheduled event 
time in case the fireworks display lasts longer than anticipated.
    Entry into this zone is prohibited unless authorized by the Captain 
of the Port, Portland, or his designated representative. The safety 
zone will be enforced by representatives of the Captain of the Port, 
Portland, who may be assisted by other Federal, State, and local 
agencies.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. The rule is not significant because the 
safety zone will encompass a small portion of the river for a short 
duration when the vessel traffic is low.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in the affected portion of the Siuslaw River from 
8:30 p.m. to 11:30 p.m. on May 9, 2007. This safety zone will not have 
a significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for only 3 hours 
late in the day when vessel traffic is low. Although the safety zone 
will apply to the entire width of the river, traffic will be allowed to 
pass through the zone with the permission of the Captain of the Port, 
or his designated representatives on scene, if it is safe to do so. 
Before the effective period, the Coast Guard will issue maritime 
advisories widely available to users of the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person

[[Page 16276]]

listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because it establishes a safety zone. A 
final ``Environmental Check List'' and a final ``Categorical Exclusion 
Determination'' will be available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T13-008 to read as follows:


Sec.  165.T13-008  Safety Zone; Florence Rhodie Days Fireworks Display, 
Siuslaw River, Florence, Oregon.

    (a) Location. The following area is a safety zone: the waters of 
the Siuslaw River in Florence, Oregon, from surface to bottom, 
encompassed by the lines connecting the following points, beginning at 
43[deg]28'20'' N/124[deg]04'46'' W, thence to 43[deg]25'07'' N/
124[deg]04'40'' W, thence to 43[deg]57'48'' N/124[deg]05'54'' W, thence 
to 43[deg]28'05'' N/124[deg]05'54'' W, thence to the beginning point.
    (b) Regulations. (1) In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port, Portland or his 
designated representatives.
    (2) Designated representative means Coast Guard Patrol Commanders, 
including Coast Guard coxswains, petty officers or other officers 
operating Coast Guard vessels and Federal, State, and local officers 
designated by or assisting the Captain of the Port, Portland in the 
enforcement of the safety zone.
    (c) Enforcement Period. This regulation will be enforced from 8:30 
p.m. until 11:30 p.m. (PDT) on May 9, 2007.


[[Page 16277]]


    Dated: March 21, 2007.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. E7-6145 Filed 4-3-07; 8:45 am]
BILLING CODE 4910-15-P