[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Rules and Regulations]
[Pages 30803-30805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8218]


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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: Final rule.

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SUMMARY: The Coast Guard is amending its current regulations 
establishing 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: This rule is effective June 30, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD13-06-009] and are available for inspection or 
copying at U.S. Coast Guard Sector Portland 6767 N. Basin Ave, 
Portland, OR 97217 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:

Regulatory Information

    On March 28, 2006, we published a notice of proposed rule making 
(NPRM) entitled Safety Zone: Fireworks Displays in the Captain of the 
Port Portland Zone in the Federal Register (71 FR 15365). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The Coast Guard is establishing additional permanent safety zones 
to allow for safe annual fireworks displays. The Coast Guard is also 
revising 33 CFR 165.1315 paragraph (a)(8) because the current event is 
no longer an event which occurs with any regularity. All

[[Page 30804]]

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.
    This 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 Final Rule. Entry into these zones 
is prohibited unless authorized by the Captain of the Port, Portland or 
his designated representative.

Discussion of Comments and Changes

    The Coast Guard received no comments and thus has made no changes 
from the proposed rule.

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 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 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 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 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. 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.

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 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.
    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 State, local, or tribal government, in the 
aggregate, or the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such 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 
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 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it

[[Page 30805]]

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 M16475.1D, 
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.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and ``Categorical Exclusion 
Determination'' are required for this rule and are available for review 
in the public docket for this rulemaking.

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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. In Sec.  165.1315 revise the heading and paragraph (a)(8) and add 
paragraphs (a)(9)-(14) to read as follows:


Sec.  165.1315  Safety Zones: Fireworks displays in the Captain of the 
Port Portland Zone.

    (a) * * *

(8) 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).

(9) 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).

(10) 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.

(11) 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).

(12) 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]38'50'' W then back to the point of origin.
    (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.

(13) 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).

(14) 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: May 9, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. E6-8218 Filed 5-30-06; 8:45 am]
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