[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Rules and Regulations]
[Page 16275-16277]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-9]
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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]
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