[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Proposed Rules]
[Pages 15365-15368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4380]


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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 
[email protected]. 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.

[[Page 15368]]

    (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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