Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Portland Captain of Port Zone, OR,

[Federal Register: March 28, 2006 (Volume 71, Number 59)]

[Proposed Rules]

[Page 15365-15368]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28mr06-14]

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.

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

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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 Charity.S.Keuter@uscg.mil. 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.

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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.

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   (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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