[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34852-34854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14781]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0448]
RIN 1625-AA00
Safety Zones; Fireworks Displays in the Sector Columbia River
Area of Responsibility
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones on the Columbia
River, Willamette River, Lewis River, and Pacific Ocean at the mouth of
the Chetco River for 4th of July fireworks displays. The safety zones
are 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 p.m. until 11:30 p.m. on July 2,
2011 through July 4, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0448 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0448 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 MST1 Jaime Sayers, 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 to do so would be contrary to public
interest since the event will have taken place by the time the 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 four safety zones. The four safety zones are
on the Columbia River, Willamette River, Lewis River, and the Pacific
Ocean at the mouth of the Chetco River in the specific locations
detailed in the rule. 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
[[Page 34853]]
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
determination based on the fact that the safety zones will only be in
effect for three hours on one day in July and maritime traffic may be
permitted to transit them with permission from the Captain of the Port
or his designated representative.
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 may affect the following entities some of which may
be small entities: The owners or operators of vessels wishing to
transit 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 will only be in effect for
three hours on one day in July and maritime traffic may be permitted to
transit them with permission from the Captain of the Port or his
designated representative.
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 cause 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 Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human
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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.
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. 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.T13-0448 to read as follows:
Sec. 165.T13-0448 Safety Zones; Fireworks Displays in the Sector
Columbia River Area of Responsibility
(a) Location. The following are safety zones:
(1) Stevenson, Washington Fireworks Display: All waters of the
Columbia River in the vicinity of Stevenson, Washington within the
following points: starting from the shore at 45[deg]41'26.70'' N/
121[deg]53'36.80'' W; thence continuing to 45[deg]41'24.62'' N/
121[deg]53'40.85'' W; thence continuing to 45[deg]41'18.10'' N/
121[deg]53'27.86'' W; thence continuing to 45[deg]41'25.32'' N/
121[deg]53'19.42'' W; thence continuing to 45[deg]41'30.32'' N/
121[deg]53'27.14'' W; thence continuing back to the starting point at
45[deg]41'26.70'' N/121[deg]53'36.80'' W.
(2) The Lynch Company Fireworks Display, West Linn, Oregon: All
waters of the Willamette River in the vicinity of West Linn, Oregon
within the following points: starting from the shore at
45[deg]23'39.66'' N/122[deg]37'56.32'' W; thence continuing to
45[deg]23'43.51'' N/122[deg]37'49.01'' W; thence continuing to
45[deg]23'05.46'' N/122[deg]37'30.18'' W; thence continuing to
45[deg]23'09.02'' N/122[deg]37'17.54'' W; thence continuing back to the
starting point at 45[deg]23'39.66'' N/122[deg]37'56.32'' W.
(3) The Pekin Ferry Road Fireworks Display, Lewis River,
Washington: All waters of the Lewis River in the vicinity of
Ridgefield, Washington within the following points: starting from the
shore at 45[deg]52'18.26'' N/122[deg]44'14.68'' W; thence continuing to
45[deg]52'12.47'' N/122[deg]44'17.27'' W; thence continuing to
45[deg]52'08.15'' N/122[deg]43'39.61'' W; thence continuing to
45[deg]52'04.55'' N/122[deg]43'43.28'' W; thence continuing back to the
starting point at 45[deg]52'18.26'' N/122[deg]44'14.68'' W.
(4) Brookings, Oregon Fireworks Display: All waters of the Pacific
Ocean in the vicinity of the mouth of the Chetco River within the
following points: the tip of the south jetty of the Chetco River (Point
1), extending offshore to the Chetco River Entrance Lighted Bell Buoy 2
(Point 2), and returning from point 2 to a point on the shore south of
the jetty (Point 3). The latitude and longitudes of the three points
are: Point 1: 42[deg]02'37.43'' N/124[deg] 16'14.66'' W, Point 2:
42[deg]02'05.12'' N/124[deg]16'36.54'' W, and Point 3:
42[deg]02'17.70'' N/124[deg]15'46.01'' W.
(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 zones created by this section
will be in effect as follows:
(1) Stevenson, Washington, Fireworks Display: 8 p.m. until 11:30
p.m. on July 4, 2011.
(2) The Lynch Company Fireworks Display, West Linn, Oregon: 8 p.m.
until 11:30 p.m. on July 3, 2011.
(3) The Pekin Ferry Road Fireworks Display, Lewis River,
Washington: 8 p.m. until 11:30 p.m. on July 2, 2011.
(4) Brookings, Oregon Fireworks Display: will be enforced from 8
p.m. until 11:30 p.m. on July 4, 2011.
Dated: June 3, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-14781 Filed 6-14-11; 8:45 am]
BILLING CODE 9110-04-P