[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Proposed Rules]
[Pages 20087-20089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7634]


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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 [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 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]
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