[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Proposed Rules]
[Page 12292-12295]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr09-22]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes the establishment of 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 designated
representatives.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before May 26, 2009
or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-1096 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call BM1 Joshua Lehner, Coast Guard Sector Portland, 6767 N.
Basin Ave., Portland, OR 97217-3992, telephone (503) 240-9311. If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1096), indicate the specific section of this
[[Page 12293]]
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-1096'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-1096 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays; or Coast Guard Sector
Portland, 6767 N. Basin Ave., Portland, OR 97217-3992, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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
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 establishment of safety zones around the
displays helps to ensure the safety of the maritime public by
prohibiting all persons and vessels from coming close to the fireworks
displays and their associated hazards.
Discussion of Proposed Rule
The proposed rule will establish 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 designated representatives.
Regulatory Analyses
We developed this proposed 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 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. 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 enforced for several
hours 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 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would 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 it
establishes will only be enforced for several hours one day each year
and will not significantly impede maritime traffic transiting the areas
where they are located.
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. 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 BM1 Joshua Lehner, Coast Guard
Sector Portland, 6767 N. Basin Ave., Portland, OR 97217-3992, telephone
(503) 240-9311. The Coast Guard will not retaliate against small
entities that question or complain about this proposed 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
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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 an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 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.
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 Department of Homeland
Security Management Directive 0023.1 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of several safety zones for fireworks
displays. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Amend Sec. 165.1315 by adding paragraphs (a)(15)-(24) and
revising 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]12'02'' W.
(ii) Enforcement period. This safety zone is enforced 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 enforced 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 4th 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 enforced 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]11'34'' N
123[deg]48'33'' W, thence to 46[deg]11'52'' N 123[deg]48'35'' W, thence
to
[[Page 12295]]
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 enforced from
approximately 8:30 p.m. to 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]20'29'' 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]20'35'' W.
(ii) Enforcement period. This safety zone is enforced 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 enforced 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 enforced 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 enforced 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 enforced from 8:30
p.m. to 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 enforced 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 notice,
and/or publication in the Federal Register.
Dated: March 3, 2009.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland, Oregon.
[FR Doc. E9-6334 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-15-P