Safety Zones: Fireworks Displays in the Captain of the Port Portland Zone, 15365-15368 [E6-4380]
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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Proposed Rules
PART 18—ELECTRIC MOTOR-DRIVEN
MINE EQUIPMENT AND
ACCESSORIES
PART 75—MANDATORY SAFETY
STANDARDS—UNDERGROUND COAL
MINES
1. The authority citation for part 18
continues to read as follows:
1. The authority citation for part 75
continues to read as follows:
Authority: 30 U.S.C. 811.
Authority: 30 U.S.C. 957 and 961.
2. Revise proposed § 75.828 to read as
follows:
2. In proposed § 18.54, revise
paragraphs (f) introductory text and
(f)(4) to read as follows:
§ 75.828
§ 18.54 High-voltage continuous mining
machines.
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(f) High-Voltage Trailing Cable(s).
High-voltage trailing cable(s) must
conform to the ampacity and outer
dimensions in accordance with the
Insulated Cable Engineers Association
(ICEA) Standard ICEA S–75–381/
National Electrical Manufacturer’s
Association (NEMA) Standard NEMA
WC 58–1997. The physical properties of
the double-jacketed cable required in
(f)(4)(i), must also be in accordance with
ICEA S–75–381/NEMA WC 58–1997.
The Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may inspect a copy
of these incorporated documents at any
of the following locations: MSHA Coal
Mine Safety and Health District Office,
MSHA Approval and Certification
Center, the Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Arlington, VA; or at
the National Archives and Records
Administration (NARA). For more
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html. You may also
purchase a copy from Global
Engineering Documents, 15 Inverness
Way East, Englewood, Colorado 80112.
In addition, the cable must be
constructed with:
(4) Either a double-jacketed or singlejacketed cable as follows:
(i) Double jacket. A double-jacketed
cable consisting of reinforced outer and
inner protective layers. The inner layer
must be a distinctive color from the
outer layer. The color black must not be
used for either protective layer.
(ii) Single jacket. A single layer
jacketed cable with a tear strength of
more than 100 pounds per inch
thickness, and a tensile strength of more
than 4000 pounds per square inch. The
cable jacket must not be black in color.
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Trailing cable pulling.
The trailing cable must be deenergized prior to being pulled by any
equipment other than the continuous
mining machine. Cable manufacturers’
recommended pulling procedures must
be followed when pulling the trailing
cable with such equipment.
3. Revise proposed § 75.833 to read as
follows:
§ 75.833
cables.
Handling high-voltage trailing
(a) Cable Handling. Miners must not
handle energized trailing cables unless
they are wearing high-voltage insulating
gloves, which include the rubber gloves
and leather outer protector gloves, or are
using insulated cable handling tools that
meet the requirements of paragraphs (c)
or (d) of this section.
(b) Availability. Each mine operator
must make high-voltage insulating
gloves or insulated cable handling tools
available to miners handling energized
high-voltage trailing cables.
(c) High-voltage insulating gloves.
High-voltage insulating gloves provided
under paragraph (b) of this section must
meet the following requirements:
(1) The rubber gloves must be
designed and maintained to have a
voltage rating of at least Class 1 (7,500
volts) and electrically tested every 30
days in accordance with publication
ASTM F496–02a, ‘‘Standard
Specification for In-Service Care of
Insulating Gloves and Sleeves’’ (2002)
which is incorporated by reference. You
may inspect a copy at any MSHA Coal
Mine Safety and Health District office,
at the MSHA Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Arlington, VA, or at
the Office of the Federal Register, 800
North Capitol Street, NW., Suite 700,
Washington, DC. You may also purchase
a copy from the American Society for
Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken,
Pennsylvania 19428–2959. The Director
of the Federal Register has approved
this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
(2) The rubber glove portion must be
air-tested at the beginning of each shift
to ensure its effectiveness.
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15365
(3) Both the leather protector and
rubber insulating gloves must be
visually examined before each use for
signs of damage or defects.
(4) Damaged rubber gloves must be
removed from the underground area of
the mine or destroyed. Leather
protectors must be maintained in good
condition or replaced.
(d) Insulated cable handling tools.
Insulated cable handling tools provided
under paragraph (b) of this section must
be:
(1) Rated and properly maintained to
withstand at least 7,500 volts;
(2) Designed and manufactured for
cable handling;
(3) Visually examined before each use
for signs of damage or defects; and
(4) Removed from the underground
area of the mine or destroyed if
damaged or defective.
[FR Doc. E6–4359 Filed 3–27–06; 8:45 am]
BILLING CODE 4510–43–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Proposed Rules
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 81⁄2 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.
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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
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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
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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.
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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
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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 § 165.1315 by adding
paragraphs (a)(9) through (15) to read as
follows:
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§ 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°58′ 05″ N, 124°05′54″ W following
the shoreline to 43°58′20″ N, 124°04′46″
W then south to 43°58′07″ N, 124°,
04′40″ W following the shoreline to
43°57′48″ N, 124°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°28′26″ N,
122°39′43″ W following the shoreline to
45°28′10″ N, 122°39′54″ W then west to
45°28′41″ N, 122°40′06″ W following the
shoreline to 45°28′31″ N, 122°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°06′04″ N,
122°56′35″ W following the shoreline to
46°05′53″ N, 122°55′58″ W then south to
46°05′24″ N, 122°55′58″ W following the
shoreline to 46°05′38″ N, 122°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°18′17″
N, 124°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°26′41″ N,
122°38′46″ W following the shoreline to
45°26′17″ N, 122°38′36″ W then west to
45°26′17″ N, 122°38′55″ W following the
shoreline to 45°26′36″ N, 122°38′50″ W
then back to the point of origin.
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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Proposed Rules
(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°58′40″ N,
123°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°22′12″ N,
124°12′39″ W.
(ii) Enforcement Period. This section
is enforced annually on July fourth from
9 p.m. to 11 p.m. (PDT).
*
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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]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2006–1]
Fees
Copyright Office, Library of
Congress.
ACTION: Notice of proposed rulemaking.
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AGENCY:
SUMMARY: This notice of proposed
rulemaking is issued to inform the
public that the Copyright Office of the
Library of Congress is considering
adoption of new fees for special services
and Licensing Division services, and
that the Office has submitted to
Congress proposed new statutory fees
for certain other services. The proposed
fees would recover a significant part of
the costs to the Office of registering
claims and provide full cost recovery for
many services provided by the Office
which benefit only or primarily the user
of that service.
DATES: Comments should be in writing
and received on or before April 27,
2006.
ADDRESSES: If hand delivered by a
private party, an original and ten copies
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of any comment should be brought to
Room LM–401 of the James Madison
Memorial Building between 8:30 a.m.
and 5 p.m. and the envelope should be
addressed as follows: Office of the
General Counsel, U.S. Copyright Office,
James Madison Memorial Building,
Room LM–401, 101 Independence
Avenue, SE., Washington, DC 20559–
6000. If hand delivered by a commercial
courier, an original and ten copies of
any comment must be delivered to the
Congressional Courier Acceptance Site
located at Second and D Streets, NE.,
Washington, DC, between 8:30 a.m. and
4 p.m. The envelope should be
addressed as follows: Copyright Office
General Counsel, Room LM–403, James
Madison Memorial Building, 101
Independence Avenue, SE., Washington
DC. If sent by mail, an original and five
copies of any comment should be
addressed to: Copyright GC/I&R, P.O.
Box 70400, Southwest Station,
Washington, DC 20024–0400.
Comments may not be delivered by
means of overnight delivery services
such as Federal Express, United Parcel
Service, etc., due to delays in processing
receipt of such deliveries.
FOR FURTHER INFORMATION CONTACT:
Tanya M. Sandros, Associate General
Counsel, or Kent Dunlap, Principal
Legal Advisor for the General Counsel,
Telephone: (202) 707–8380. Telefax:
(202) 707–8366.
SUPPLEMENTARY INFORMATION: Section
708 of the copyright law establishes two
separate procedures for adjusting fees
for Copyright Office services to account
for increases in costs. Fees for services
specifically enumerated in section
708(a)(1)–(9) (‘‘statutory fees’’) are
adjusted according to the procedures set
forth in section 708(b). This procedure
includes the completion of a cost study,
and the forwarding of an economic
report and proposed fee schedule to
Congress, which takes effect unless
Congress enacts a law within 120 days
disapproving of the new fees. The
second procedure concerns fees for
services not specifically enumerated in
section 708(a)(1)–(9), and for the
purposes of this rulemaking, these fees
are termed ‘‘discretionary fees.’’ Section
708(a) authorizes the Register to set
these fees at ‘‘the cost of providing the
service.’’ As with the statutory fees, the
Copyright Office adjusts the
discretionary fees only after conducting
a cost study to determine the cost of
providing the services.
This is the third schedule of fees to be
proposed under the current fee setting
procedure which was adopted when
section 708 was amended in 1997 with
the passage of the Technical
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Amendments Act, Public Law 105–80,
111 Stat. 1529. The first schedule was
adopted in 1999, see 63 FR 43426
(August 13, 1998) and 64 FR 29518
(June 1, 1999), and the second schedule
was adopted three years later in 2002.
To cover the rising costs of providing
copyright services, most fees were
increased in 2002. However, notable
among fees that were not adjusted at
that time was the basic registration
filing fee, which was kept at the 1999
level. The Register provided a number
of reasons for her determination that no
increase in basic registration fees was
warranted at the time. They included
the substantial increase of 1999 which
accounted for an acceptable level of cost
recovery, the costs associated with
increasing the fee, and the changes in
processing anticipated from the
Copyright Office’s impending business
process reengineering effort. 67 FR
38003 (May 31, 2002).
Because costs have continued to rise
since the last fee adjustment in 2002,
the Office undertook a third cost study
to assess how well current fees allowed
the Copyright Office to recover its costs
of providing its services to the public.
The result of that study is today’s
proposal to increase most fees to a level
that allows the Office to recover a
significant portion of its costs as
contemplated by Congress.
I. Overview
The expenses of the Copyright Office
have always been substantially funded
through the charging of fees for the
services provided, although programs
relating to domestic and international
copyright policy and public information
have been generally paid for by
appropriated funds. Yet, for the last fifty
years, fees have not provided for full
cost recovery. During this period, cost
recovery through the charging of fees
has ranged from 50% to 80% of the
expenses of the Copyright Office. In
fiscal year 2005, the Copyright Office
collected $23,788,227 in fees, sufficient
to offset only 56.7% of the total
expenditures of the Office, whereas in
2002, fees covered just over 66% of the
Office’s costs for providing its services.
In order to place the Copyright Office
on a sounder financial footing, a cost
study was undertaken last year by the
Office which evaluated all the fees
charged by the Copyright Office. Based
upon its findings, the Office determined
that most fees for services mandated by
statute should be adjusted to reflect
increased costs of providing the various
services. These proposed new fees
falling within the rate adjustment
procedure of section 708(b) were
submitted to Congress on March 1,
E:\FR\FM\28MRP1.SGM
28MRP1
]]>Agencies
[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Proposed Rules]
[Pages 15365-15368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4380]
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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.
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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
[[Page 15366]]
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.
[[Page 15367]]
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.
[[Page 15368]]
(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]
BILLING CODE 4910-15-P
