[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Proposed Rules]
[Page 15365-15368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr06-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-06-009]
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 and revise 33 CFR
165.1315 to establish additional safety zones on the waters of the
Suislaw, Willamette, Columbia, Coos, and Chehalis Rivers, 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 safety zones is prohibited unless authorized by the
Captain of the Port.
DATES: Comments and related material must reach the Coast Guard on or
before April 27, 2006.
ADDRESSES: You will mail comments and related material to Petty Officer
Keuter 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
[[Page 15366]]
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 7 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Charity Keuter, c/o
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon
97217, (503) 240-9301.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in the rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD13-06-
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 if
your comments reached us, please enclose a stamped, self-addressed
postcard or 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 to 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. This safety zone 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 Rule
This proposed rule, for safety concerns, will control vessels,
personnel and individual movements in a regulated area surrounding the
fireworks event indicated in section 2 of this Notice of Proposed
Rulemaking. 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 this rule under that Order. This rule 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 proposed regulation will encompass small portions of
the Columbia, Willamette, Coos, Chehalis and Siuslaw Rivers in the
Portland AOR on different dates, all 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 Willamette, Columbia, Coos,
Chehalis and Suislaw Rivers during the times mentioned in section
2(a)(8-14) 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 sixty minutes 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 (Pub. L. 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 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 Petty Officer
Keuter by phone at (503) 240-9301 or by e-mail at
Charity.S.Keuter@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 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 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 State, local, or tribal government, in the
aggregate, or the private sector of $100,000,000 or more in any one
year. Though this proposed rule will not result in such expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
[[Page 15367]]
Taking of Private Property
This proposed 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 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 proposed 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 proposed 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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
M16475.1D, 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 two hours each. Due to the temporary
safety zones being less than one week in duration, an Environmental
Checklist and Categorical Exclusion is not required.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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)(9) through (15) to
read as follows:
Sec. 165.1315 Safety Zones: Fireworks displays in the Captain of the
Port Portland Zone.
(a) * * *
(9) Florence Chamber 4th of July Fireworks Display, Florence, OR:
(i) Location. All water of the Siuslaw River enclosed by the
following points: 43[deg]58' 05'' N, 124[deg]05'54'' W following the
shoreline to 43[deg]58'20'' N, 124[deg]04'46'' W then south to
43[deg]58'07'' N, 124[deg], 04'40'' W following the shoreline to
43[deg]57'48'' N, 124[deg]05'54'' W then back to the point of origin.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 9 p.m. to 11 p.m. (PDT).
(10) Oaks Park July 4th Celebration, Portland, OR:
(i) Location. All water of the Willamette River enclosed by the
following points: 45[deg]28'26'' N, 122[deg]39'43'' W following the
shoreline to 45[deg]28'10'' N, 122[deg]39'54'' W then west to
45[deg]28'41'' N, 122[deg]40'06'' W following the shoreline to
45[deg]28'31'' N, 122[deg]40'01'' W then back to the point of origin.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 9 p.m. to 11 p.m. (PDT).
(11) Rainier Days Fireworks Celebration, Rainier, OR:
(i) Location. All water of the Columbia River enclosed by the
following points: 46[deg]06'04'' N, 122[deg]56'35'' W following the
shoreline to 46[deg]05'53'' N, 122[deg]55'58'' W then south to
46[deg]05'24'' N, 122[deg]55'58'' W following the shoreline to
46[deg]05'38'' N, 122[deg]56'35'' W then back to the point of origin.
(ii) Enforcement Period. This section is enforced annually on the
second Saturday of July each year from 9 p.m. to 11 p.m. (PDT). Except
that when the first Saturday falls on July 1, this section will be
enforced on the third Saturday of July. In 2006, this zone will be
enforced on July 15th.
(12) Ilwaco July 4th Committee Fireworks, Ilwaco, WA:
(i) Location. All water of the Columbia River extending out to a
700' radius from the launch site at 46[deg]18'17'' N, 124[deg]01'55''
W.
(ii) Enforcement Period. This section is enforced annually on the
first Saturday of July from 9 p.m. to 11 p.m. (PDT). In 2006, this zone
will be enforced on July 1st.
(13) Milwaukie Centennial Fireworks Display, Milwaukie, OR:
(i) Location. All water of the Willamette River enclosed by the
following points: 45[deg]26'41'' N, 122[deg]38'46'' W following the
shoreline to 45[deg]26'17'' N, 122[deg]38'36'' W then west to
45[deg]26'17'' N, 122[deg]38'55'' W following the shoreline to
45[deg]26'36'' N, 122[deg]38[min]50[sec] W then back to the point of
origin.
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(ii) Enforcement Period. This section is enforced annually on the
third Saturday of July each year from 9 p.m. to 11 p.m. (PDT). Except
that when the first Saturday falls on July 1, this section will be
enforced on the fourth Saturday of July. In 2006, this zone will be
enforced on July 22th.
(14) Splash Aberdeen Waterfront Festival, Aberdeen, WA:
(i) Location. All water of the Chehalis River extending out to 500
feet of the following points: 46[deg]58'40'' N, 123[deg]47'45'' W.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 9 p.m. to 11 p.m. (PDT).
(15) City of Coos Bay July 4th Celebration, Coos Bay, OR:
(i) Location. All water of the Coos River extending out to 1200
feet of the following points: 43[deg]22'12'' N, 124[deg]12'39'' W.
(ii) Enforcement Period. This section is enforced annually on July
fourth from 9 p.m. to 11 p.m. (PDT).
* * * * *
Dated: March 20, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. E6-4380 Filed 3-27-06; 8:45 am]
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