Safety Zones; Fireworks Displays in the Sector Columbia River Area of Responsibility, 34852-34854 [2011-14781]
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34852
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
(j)(3) of this section, the draw tender
may delay the opening up to 10 minutes
past the half hour for passage of the
approaching vessel and any other
vessels that are waiting to pass.
(5) If the Norfolk & Southern Railroad
Bridge #7, at mile 5.8, is not opened
during a particular scheduled opening
for the Gilmerton Bridge and vessels
were delayed, the draw tender at the
Gilmerton Bridge may provide a single
opening for waiting vessels, once the
Norfolk & Southern Railroad Bridge #7
reopens for vessels.
(6) Shall open on signal at all other
times.
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
Jaime.A.Sayers@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Dated: June 2, 2011.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e) of the Instruction as this rule is
related to the promulgation of operating
regulations or procedures for
drawbridges.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
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.
[FR Doc. 2011–14824 Filed 6–14–11; 8:45 am]
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
BILLING CODE 9110–04–P
■
1. The authority citation for part 117
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
Coast Guard
2. From June 19, 2011, to December
20, 2013, in § 117.997, suspend
paragraph (c) and temporarily add a
new paragraph (j) to read as follows:
■
[Docket No. USCG–2011–0448]
RIN 1625–AA00
§ 117.997 Atlantic Intracoastal Waterway,
South Branch of the Elizabeth River to the
Albemarle and Chesapeake Canal.
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*
*
*
*
*
(j) The draw of the Gilmerton (US13/
460) Bridge, mile 5.8, in Chesapeake:
(1) Shall open on signal at any time
for commercial vessels carrying
liquefied flammable gas or other
hazardous materials.
(2) From 6:30 a.m. to 9:30 a.m. and
from 3:30 p.m. to 6:30 p.m., Monday
through Friday, except Federal holidays:
(i) Need not open for the passage of
recreational or commercial vessels that
do not qualify under paragraph (j)(2)(ii)
of this section.
(ii) Need not open for commercial
cargo vessels, including tugs, and tugs
with tows, unless 2 hours advance
notice has been given to the Gilmerton
Bridge at (757) 545–1512.
(3) From 9:30 a.m. to 3:30 p.m.
Monday through Friday and from 6:30
a.m. to 6:30 p.m. Saturdays, Sundays
and Federal holidays, the draw need
only be opened every hour on the half
hour, except the draw shall open on
signal for commercial vessels that
qualify under paragraphs (j)(1) and
(j)(2)(ii) of this section.
(4) If any vessel is approaching the
bridge and cannot reach the draw
exactly on the half hour per paragraph
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33 CFR Part 165
Safety Zones; Fireworks Displays in
the Sector Columbia River Area of
Responsibility
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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 https://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
DATES:
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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
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
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.
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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
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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.
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34853
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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34854
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
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
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.
2. Add § 165.T13–0448 to read as
follows:
■
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§ 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°41′26.70″
N/121°53′36.80″ W; thence continuing
to 45°41′24.62″ N/121°53′40.85″ W;
thence continuing to 45°41′18.10″ N/
121°53′27.86″ W; thence continuing to
45°41′25.32″ N/121°53′19.42″ W; thence
continuing to 45°41′30.32″ N/
121°53′27.14″ W; thence continuing
back to the starting point at 45°41′26.70″
N/121°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°23′39.66″ N/122°37′56.32″ W;
thence continuing to 45°23′43.51″ N/
122°37′49.01″ W; thence continuing to
45°23′05.46″ N/122°37′30.18″ W; thence
continuing to 45°23′09.02″ N/
122°37′17.54″ W; thence continuing
back to the starting point at 45°23′39.66″
N/122°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
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at 45°52′18.26″ N/122°44′14.68″ W;
thence continuing to 45°52′12.47″ N/
122°44′17.27″ W; thence continuing to
45°52′08.15″ N/122°43′39.61″ W; thence
continuing to 45°52′04.55″ N/
122°43′43.28″ W; thence continuing
back to the starting point at 45°52′18.26″
N/122°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°02′37.43″ N/124°
16′14.66″ W, Point 2: 42°02′05.12″ N/
124°16′36.54″ W, and Point 3:
42°02′17.70″ N/124°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
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0458]
RIN 1625–AA00
Safety Zone; Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Navy Pier Southeast Safety Zone in
Chicago Harbor from July 2, 2011
through July 30, 2011. This action is
necessary and intended to ensure safety
of life on the navigable waters of the
United States immediately prior to,
during, and immediately after fireworks
events. This rule will establish
restrictions upon, and control
movement of, vessels in a specified area
immediately prior to, during, and
immediately after fireworks events.
During the enforcement period, no
person or vessel may enter the safety
zones without permission of the Captain
of the Port, Sector Lake Michigan.
DATES: The regulations in 33 CFR
165.931 will be enforced at various
times and on various dates between 10
p.m. on July 2, 2011 to 10:30 p.m. on
July 30, 2011.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail BM1 Adam Kraft, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at 414–747–
7154, e-mail Adam.D.Kraft@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone;
Chicago Harbor, Navy Pier Southeast,
Chicago, IL listed in 33 CFR 165.931 for
the following events:
(1) Navy Pier Fireworks; on July 2,
2011 from 10 p.m. through 10:30 p.m.;
on July 4, 2011 from 9:15 p.m. through
9:45 p.m.; on July 6, 2011 from 9:15
p.m. through 9:45 p.m.; on July 9, 2011
from 10 p.m. through 10:30 p.m.; on
July 13, 2011 from 9:15 p.m. through
9:45 p.m.; on July 16, 2011 from 10 p.m.
through 10:30 p.m.; on July 20, 2011
from 9:15 p.m. through 9:45 p.m.; on
July 23, 2011 from 10 p.m. through
10:30 p.m.; on July 27, 2011 from 9:15
p.m. through 9:45 p.m.; and on July 30,
2011 from 10 p.m. through 10:30 p.m.
All vessels must obtain permission
from the Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative to enter, move within or
exit the safety zone. Vessels and persons
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34852-34854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14781]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
Jaime.A.Sayers@uscg.mil. 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
[[Page 34854]]
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
