[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68159-68161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30491]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1096]
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 establishing several safety zones in the 
Captain of the Port Portland, Oregon zone for annual fireworks displays 
that take place around the 4th of July each year. The safety zones are 
necessary to help ensure the safety of the maritime public during the 
events and will do so by prohibiting all persons and vessels from 
entering the safety zones unless authorized by the Captain of the Port 
Portland, Oregon or his/her designated representatives.

DATES: This rule is effective January 22, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-1096 and are available online by going to 
http://www.regulations.gov, inserting USCG-2008-1096 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail MST1 Jaime Sayers, Coast Guard Sector Portland; 
telephone 503-240-9319, e-mail [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 24, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zones: Fireworks Displays in the Captain of 
the Port Portland Zone'' in the Federal Register (74 FR 12292). We 
received no comments on the proposed rule. No public meeting was 
requested and none was held.

Background and Purpose

    Fireworks displays create hazardous conditions for the maritime 
public as a result of the large number of vessels that congregate near 
the displays as well as the noise, falling debris, and explosions that 
occur during the events. The safety zones established by this rule will 
help to ensure the safety of the maritime public by prohibiting all 
persons and vessels from coming too close to the fireworks displays and 
their associated hazards.

Discussion of Comments and Changes

    No comments on this rule were received and no changes to the rule 
were made.

[[Page 68160]]

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 it under that Order. The Coast Guard has made this finding 
because the rule will have little, if any, economic impact since the 
safety zones it establishes will only be in effect for several hours 
during one day each year and will not significantly impede maritime 
traffic transiting the areas where they are located.

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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels wishing to 
transit one of the safety zones established by this rule. The rule will 
not have a significant economic impact on a substantial number of small 
entities, however, because the safety zones established are only to be 
in effect for several hours during one day each year and will not 
significantly impede maritime traffic transiting the areas where they 
are located.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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). 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 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 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 rule will not result in such an 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 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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National

[[Page 68161]]

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves the 
establishment of safety zones. An environmental analysis checklist and 
a categorical exclusion determination are 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.

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, 3306, 
3703; 50 U.S.C. 191; 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.

0
2. Amend Sec.  165.1315 to add paragraphs (a)(15) through (24) and 
revise paragraphs (b) and (c) to read as follows:


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

    (a) * * *
    (15) Arlington Chamber of Commerce Fireworks Display, Arlington, 
OR:
    (i) Location. All waters of the Columbia River encompassed by lines 
connecting the following points in the vicinity of Arlington, Oregon: 
from the southern shore of the Columbia River at 45[deg]43'23'' N 
120[deg]12'11'' W, thence to 45[deg]43'29'' N 120[deg]12'12'' W, thence 
to 45[deg]43'31'' N 120[deg]12'06'' W, thence to the southern shore of 
the Columbia River at 45[deg]43'26'' N 120[deg] 12'12'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the last week of June or the first week of July each year.
    (16) East County 4th of July Fireworks, Gresham, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500 
foot radius around position 45[deg]33'33'' N 122[deg]27'03'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the first week of July each year.
    (17) Port of Cascade Locks July 5th Fireworks Display, Cascade 
Locks, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500 
foot radius around position 45[deg]40'16'' N 121[deg]53'38'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the first week of July each year.
    (18) Astoria Regatta Association Fireworks Display, Astoria, OR:
    (i) Location. All waters of the Columbia River encompassed by lines 
connecting the following points in the vicinity of Astoria, Oregon: 
from the southern shore of the Columbia River at 46[deg]22'34'' N 
123[deg]48'33'' W, thence to 46[deg]11'52'' N 123[deg]48'35'' W, thence 
to 46[deg]11'52'' N 123[deg]48'19'' W, thence to the southern shore of 
the Columbia River at 46[deg]11'39'' N 123[deg] 48'13'' W.
    (ii) Enforcement Period. This safety zone is in effect from 
approximately 11:30 p.m. one day during the second weekend of August 
each year.
    (19) City of Washougal July 4th Fireworks Display, Washougal WA:
    (i) Location. All waters of the Columbia River encompassed by lines 
connecting the following points in the vicinity of Washougal, 
Washington: from the northern shore of the Columbia River at 
45[deg]33'50'' N 122[deg]20'16'' W, thence to 45[deg]33'42'' N 
122[deg]02'29'' W, thence to 45[deg]33'53'' N 122[deg]20'39'' W, thence 
to the northern shore of the Columbia River at 45[deg]35'04'' N 
122[deg]20'53'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
first week of July each year.
    (20) City of St. Helens 4th of July Fireworks Display, St. Helens, 
OR:
    (i) Location. All waters of the Columbia River encompassed in a 
1200 foot radius around position 45[deg]51'51'' N 122[deg]47'22'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
first week of July each year.
    (21) Waverly Country Club 4th of July Fireworks Display, Milwaukie, 
OR:
    (i) Location. All waters of the Willamette River encompassed by 
lines connecting the following points in the vicinity of Milwaukie, 
Oregon: from 45[deg]27'10'' N 122[deg]29'35'' W, thence to 
45[deg]27'12'' N 122[deg]39'25'' W, thence to 45[deg]26'56'' N 
122[deg]39'15'' W, thence to 45[deg]26'52'' N 122[deg]39'25'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
first week of July each year.
    (22) Booming Bay Fireworks, Westport, WA:
    (i) Location. All waters of Grays Harbor encompassed in a 600 foot 
radius around position 46[deg]54'14'' N 124[deg]06'08'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the 
last week of June or the first week of July each year.
    (23) Hood River 4th of July, Hood River, OR:
    (i) Location. All waters of the Columbia River encompassed in a 
1000 foot radius around position 45[deg]42'58'' N 121[deg] 30''31'' W.
    (ii) Enforcement Period. This safety zone is in effect from 8:30 
p.m. to approximately 11:30 p.m. one day during the last week of June 
or the first week of July each year.
    (24) Rufus 4th of July Fireworks, Rufus, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500 
foot radius around position 45[deg]41'30'' N 120[deg]45'47'' W.
    (ii) Enforcement period. This safety zone is in effect from 
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during 
the last week of June or the first week of July each year.
    (b) Regulations. In accordance with Sec.  165.23 of this part, no 
person may enter or remain in these safety zones unless authorized by 
the Captain of the Port, Portland or his/her designated representative. 
Also in accordance with Sec.  165.23 of this part, no person may bring 
into, cause to be brought into, or allow to remain in these safety 
zones any vehicle, vessel, or object unless authorized by the Captain 
of the Port, Portland or his/her designated representative.
    (c) Notice. In accordance with Sec.  165.7 of this part, 
notification of the specific period of enforcement for each of these 
safety zones may be made by marine broadcast, local notice to mariners, 
local news media, distribution in leaflet form, on-scene oral notices, 
and/or publication in the Federal Register.

    Dated: June 22, 2009.
F.G. Mye,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E9-30491 Filed 12-22-09; 8:45 am]
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