[Federal Register: April 23, 2007 (Volume 72, Number 77)]
[Proposed Rules]
[Page 20087-20089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap07-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-07-009]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its regulations to
establish additional safety zones on the waters of the Columbia River
located in the Area of Responsibility (AOR) of the Captain of the Port,
Portland, Oregon during annual fireworks displays. The Captain of the
Port, Portland Oregon is taking this action to safeguard watercraft and
their occupants from safety hazards associated with these displays.
Entry into these zones is prohibited unless authorized by the Captain
of the Port.
DATES: Comments and related material must reach the Coast Guard on or
before May 23, 2007.
ADDRESSES: You may mail comments and related material to Petty Officer
Michelle Duty at Sector Portland 6767 N. Basin Ave., Portland, OR
97217. Sector Portland maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Sector Portland between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Michelle Duty, c/o
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon
97217, 503-240-2590.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD13-07-
009), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
[[Page 20088]]
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Sector Portland at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard is proposing establish additional permanent safety
zones to allow for safe annual fireworks displays. All events occur
within the Captain of the Port, Portland, OR, Area of Responsibility
(AOR). These events may result in a number of vessels congregating near
fireworks launching barges and sites. The safety zones are needed to
protect watercraft and their occupants from safety hazards associated
with fireworks displays. These safety zones will be enforced by
representatives of the Captain of the Port, Portland, Oregon. The
Captain of the Port may be assisted by other federal and local
agencies.
Discussion of Proposed Rule
This proposed rule, for safety concerns, will control vessels,
personnel and individual movements in a regulated area surrounding the
following fireworks events: Hillman 4th of July Fireworks Display,
Vancouver WA; East County 4th of July Fireworks Gresham, OR; Port of
Cascade Locks July 4th Display, Cascade Locks OR; Gladstone 4th of July
Celebration, Gladstone, OR. Entry into these zones is prohibited unless
authorized by the Captain of the Port, Portland or his designated
representative. Captain of the Port, Portland, Oregon, will enforce
these safety zones. The Captain of the Port may be assisted by other
federal and local agencies.
Regulatory Evaluation
This proposed 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). We expect the economic impact of this proposed
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 regulated areas established
by the regulation will be of limited duration and encompass small
portions of the Columbia River in the Portland AOR in the evening when
vessel traffic is low.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit a portion of the Columbia River during the times
mentioned in proposed regulation text Sec. 165.1315(a)(15-18) at the
conclusion of this proposed rule.
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. These safety zones will not have significant economic impact
on a substantial number of small entities for the following reasons.
This rule will be in effect for only three hours during the evenings
when vessel traffic is low. 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 safe to do so.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance; please contact Petty Officer Michelle Duty by
phone at 503-247-4015 or by e-mail at Michelle.K.Duty@uscg.mil. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 20089]]
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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. This rule establishes safety zones which
have duration of no more than three hours each.
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, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 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.
2. Amend Sec. 165.1315 by adding paragraphs (a)(15) through (18)
and (b)(2) to read as follows.
Sec. 165.1315 Safety Zones: Fireworks displays in the Captain of the
Port Portland Zone.
(a) * * *
(15) Hillman 4th of July Fireworks Display, Vancouver WA:
(i) Location. All water of the Columbia River forming a 600 foot
radius from the land launching point of: 45[deg]35'46'' N,
122[deg]32'22'' W.
(ii) Enforcement Period. This section is enforced annually on July
fourth from approximately 8:30 p.m. to 11:30 p.m. (PDT).
(16) East County 4th of July Fireworks Gresham, OR
(i) Location. All water of the Columbia River forming a 600 foot
radius from the land launching point: 45[deg]33' 33'' N,
122[deg]27'03'' W in the vicinity of Blue Lake Park.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 8:30 p.m. to 11:30 p.m. (PDT).
(17) Port of Cascade Locks July 4th Display, Cascade Locks OR.
(i) Location. All water of the Columbia River forming a 600 foot
radius from the land launching point: 45[deg]40'16'' N 121[deg]53'38''
W the North point of Thunder Island.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 8:30 p.m. to 11:30 p.m. (PDT).
(18) Gladstone 4th of July Celebration, Gladstone, OR
(i) Location. All water of the Columbia River forming a 800 foot
radius from the land launching point: 45[deg]22'21'' N, 122[deg]36'34''
W.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 8:30 p.m. to 11:30 p.m. (PDT).
(b) * * *
(2) Designated representative means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers or other officers
operating Coast Guard vessel and a Federal, State, and local officers
designated by or assisting the Captain of the Port Portland (COTP) in
the enforcement of the safety zone.
* * * * *
Dated: March 20, 2007.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. E7-7634 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-15-P