[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Rules and Regulations]
[Pages 65963-65965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27515]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0899]
RIN 1625-AA00


Safety Zone; Waverly Country Club Fireworks Display on the 
Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the 
Willamette River located at the Waverly Country Club for a private 
event in Portland, Oregon. The safety zone is necessary to help ensure 
the safety of the maritime public during the displays and will do so by 
prohibiting persons and vessels from entering the safety zones unless 
authorized by the Captain of the Port or his designated 
representatives.

DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on 
November 5, 2011 as detailed in the rule.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0899 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0899 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 
temporary rule, call or e-mail BM1 Silvestre Suga III, Waterways 
Management Division, Coast Guard MSU 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

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because immediate action is necessary to ensure 
the safety of vessels and spectators gathering in the vicinity of the 
fireworks launching and display sites. Following normal rulemaking 
procedures in this case would be impracticable and contrary to public 
interest since the event will have taken place by the time the notice 
could be published and comments taken.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because immediate action is 
necessary to ensure the safety of vessels and spectators gathering in 
the vicinity of the fireworks launching and display sites. Following 
normal rulemaking procedures in this case would be impracticable and 
contrary to the public interest, as this inherently dangerous event 
will have taken place by the time notice could be published and 
comments taken.

Background and Purpose

    Fireworks displays create hazardous conditions for the maritime 
public because of the large number of vessels that congregate near the 
displays as well as the noise, falling debris, and explosions that 
occur during the event. The establishment of a safety zone helps ensure 
the safety of the maritime public by prohibiting persons and vessels 
from coming too close to the fireworks display and other associated 
hazards.

Discussion of Rule

    This rule establishes a safety zone on the Willamette River in the 
vicinity of the Waverly Country Club for a private event that will be 
held on Saturday November 5, 2011. The safety zone will close a section 
of the Willamette River between two lines; line one starts on the east 
bank at latitude 45[deg]27'9.13'' N, longitude 122[deg]39'20.99'' W 
then stretches across the river to the west bank at latitude 
45[deg]27'6.78'' N, longitude 122[deg]39'31.31'' W, line two starts 
twelve hundred feet upstream on the east bank at latitude 
45[deg]26'57.09'' N, longitude 122[deg]39'14.35'' W then stretches 
across the river to the west bank at latitude 45[deg]26'53.81'' N, 
longitude 122[deg]39'25.40'' W.
    Geographically this safety zone covers all waters of the Willamette 
River in front of the Waverly Country Club extending upriver and 
downriver 600 feet from the firing site at approximate latitude 
45[deg]27'3.60'' N, longitude 122[deg]39'17.99'' W and extending over 
the river to the west bank in a rectangular shape.
    All persons and vessels will be prohibited from entering the safety 
zones during the dates and times they are effective unless authorized 
by the Captain of the Port or his designated representative.

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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order or under section 
1 of Executive Order 13563. 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).
    The Coast Guard has made this determination based on the fact that 
the safety zone will only be 2 hours in duration on one evening. 
Because of this short duration, the impact on maritime operators is 
minimal. Before the effective period, we will publish advisories in the 
Local Notice to Mariners available to users of the river. Maritime 
traffic will be able to schedule their transits around this safety 
zone.

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

[[Page 65964]]

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 may affect the following entities some of which may 
be small entities: the owners or operators of vessels wishing to 
transit the safety zone established by this rule. The rule will not 
have a significant economic impact on a substantial number of small 
entities because the safety zone will only be in effect for 2 hours 
late in the evening when vessel traffic is low. Before the effective 
period, we will publish advisories in the Local Notice to Mariners 
available to users of the river. Maritime traffic will be able to 
schedule their transits around this safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 (adjusted for 
inflation) 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 affect 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, as supplemented by 
Executive Order 13566 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 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 a 
safety zone around the fall out area of a fireworks zone. 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.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

[[Page 65965]]

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. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-195 to read as follows:


Sec.  165.T13-195  Safety Zone; Waverly Country Club Fireworks Display 
on the Willamette River, Portland, OR.

    (a) Location. This rule establishes a safety zone on the Willamette 
River in the vicinity of the Waverly Country Club, Portland, Oregon: 
all waters on the Willamette River between two lines; line one starts 
on the east bank at latitude 45[deg]27'9.13'' N, longitude 
122[deg]39'20.99 W then stretches across the river to the west bank at 
latitude 45[deg]27'6.78'' N, longitude 122[deg]39'31.31'' W, line two 
starts twelve hundred feet upstream on the east bank at latitude 
45[deg]26'57.09'' N, longitude 122[deg]39'14.35'' W then stretches 
across the river to the west bank at latitude 45[deg]26'53.81'' N, 
longitude 122[deg]39'25.40'' W. Geographically this safety zone covers 
all waters of the Willamette River in front of the Waverly Country Club 
extending upriver and downriver 600 feet from the firing site at 
approximate latitude 45[deg]27'3.60'' N, longitude 122[deg]39'17.99'' W 
and extending over the river to the west bank in a rectangular shape.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, Subpart C, no person or vessel may enter or remain in the 
safety zone created by this section without the permission of the 
Captain of the Port or his designated representative. Designated 
representatives are Coast Guard personnel authorized by the Captain of 
the Port to grant persons or vessels permission to enter or remain in 
the safety zone created by this section. See 33 CFR part 165, Subpart 
C, for additional information and requirements.
    (c) Enforcement Period. The safety zone detailed in paragraph (a) 
is effective from 8:30 p.m. until 10:30 p.m. on November 5, 2011.

    Dated: September 22, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-27515 Filed 10-24-11; 8:45 am]
BILLING CODE 9110-04-P