[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Proposed Rules]
[Pages 12292-12295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6334]


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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]
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