[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62442-62444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25212]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0805]
RIN 1625-AA00
Safety Zone; Oregon City Bridge Grand Opening Fireworks Display;
Willamette River, Oregon City, 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 between the Oregon City Bridge and the Interstate 205
Bridge on October 13, 2012 from 7:30 p.m. (P.D.T.) to 9 p.m. (P.D.T.).
This safety zone is necessary to ensure the safety of the maritime
public during a fireworks display, and will do so by prohibiting
unauthorized persons and vessels from entering the safety zone unless
authorized by the Sector Columbia River Captain of the Port (COTP) or
his designated representative.
DATES: This rule is effective from 7:30 p.m. to 9 p.m. on October 13,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0805]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email, ENS Ian McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email [email protected]. 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[[Page 62443]]
A. Regulatory History and Information
The Coast Guard is issuing this 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 impracticable 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 due to the late notification of
this event and that the event will have occurred before comments could
have been taken.
B. Basis and Purpose
The Captain of the Port has been delegated the authority to
establish safety zones for safety or environmental purposes in 33 CFR
160.5.
The fireworks display will create hazardous conditions for vessels
in the area and the people onboard those vessels due to loud noises,
falling debris, and explosions, as well as potential heavy vessel
traffic congregating near the display. To mitigate these hazards, the
Coast Guard believes that a temporary safety zone is needed.
C. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone in the
Sector Columbia River Captain of the Port Zone. The safety zone will be
established on the Willamette River from shore to shore between the
Oregon City Bridge and the Interstate 205 Bridge, and will be enforced
during the Oregon City Bridge Grand Opening fireworks display from 7:30
p.m. (P.D.T.) to 9:00 p.m. (P.D.T.) on October 13, 2012. All persons
and vessels will be prohibited from entering the safety zone during
this time unless authorized by the Sector Columbia River Captain of the
Port or his designated representative.
This safety zone will improve the safety of the maritime public in
the area during the fireworks display by prohibiting persons and
vessels from entering areas where the risks associated with the
fireworks display are present.
C. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard has made
this determination because the safety zone created by this rule will
not significantly affect the maritime public as vessels may still
transit the zone with prior authorization from the Coast Guard.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Willamette River from 7:30 p.m.
(P.D.T.) to 9:00 p.m. (P.D.T.) on October 13, 2012.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone would be activated, and thus subject to enforcement, for
only 1.5 hours in the evening. Although the safety zone would apply to
the entire width of the river, traffic would be allowed to pass through
the zone with the permission of the Captain of the Port. Before the
activation of the zone, we will issue maritime advisories widely
available to users of the river.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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
[[Page 62444]]
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone
around the fall out area of a fireworks display. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination 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, 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. 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T13-230 to read as follows:
Sec. 165.T13-230 Safety Zone; Oregon City Bridge Grand Opening
Fireworks Display; Willamette River, Oregon City, OR.
(a) Location. The following area is a safety zone: All water of the
Willamette River at Oregon City, OR, bounded by the Oregon City Bridge
to the south, the Interstate 205 Bridge to the north, and the shoreline
to the east and west.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 if this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
(c) Enforcement Period. This section will be enforced October 13,
2012 from 7:30 p.m. (P.D.T.) to 9 p.m. (P.D.T.).
Dated: October 3, 2012.
B. C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2012-25212 Filed 10-12-12; 8:45 am]
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