Safety Zone; Waverly Country Club Fireworks Display on the Willamette River, Portland, OR, 65963-65965 [2011-27515]

Download as PDF Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations investigation with respect to the issue(s) involved. Alan D. Bersin, Commissioner, Customs and Border Protection. Approved: October 19, 2011. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2011–27511 Filed 10–24–11; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0899] RIN 1625–AA00 Safety Zone; Waverly Country Club Fireworks Display on the Willamette River, Portland, OR Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the Willamette River located at the Waverly Country Club for a private event in Portland, Oregon. The safety zone is 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 8:30 p.m. until 10:30 p.m. on November 5, 2011 as detailed in the rule. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2011– 0899 and are available online by going to https://www.regulations.gov, inserting USCG–2011–0899 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 BM1 Silvestre Suga III, Waterways Management Division, Coast Guard MSU Portland; telephone 503–240–9319, e-mail silvestre.g.suga@uscg.mil. If you have questions on viewing the docket, call erowe on DSK2VPTVN1PROD with RULES DATES: VerDate Mar<15>2010 15:13 Oct 24, 2011 Jkt 226001 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 immediate action is necessary to ensure the safety of vessels and spectators gathering in the vicinity of the fireworks launching and display sites. Following normal rulemaking procedures in this case would be impracticable and contrary to public interest since the event will have taken place by the time the notice could be published and comments taken. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register because immediate action is necessary to ensure the safety of vessels and spectators gathering in the vicinity of the fireworks launching and display sites. Following normal rulemaking procedures in this case would be impracticable and contrary to the public interest, as this inherently dangerous event will have taken place by the time 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 a safety zone on the Willamette River in the vicinity of the Waverly Country Club for a private event that will be held on Saturday November 5, 2011. The safety zone will close a section of the Willamette River between two lines; line one starts on the PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 65963 east bank at latitude 45°27′9.13″ N, longitude 122°39′20.99″ W then stretches across the river to the west bank at latitude 45°27′6.78″ N, longitude 122°39′31.31″ W, line two starts twelve hundred feet upstream on the east bank at latitude 45°26′57.09″ N, longitude 122°39′14.35″ W then stretches across the river to the west bank at latitude 45°26′53.81″ N, longitude 122°39′25.40″ W. Geographically this safety zone covers all waters of the Willamette River in front of the Waverly Country Club extending upriver and downriver 600 feet from the firing site at approximate latitude 45°27′3.60″ N, longitude 122°39′17.99″ W and extending over the river to the west bank in a rectangular shape. 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 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, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under that Order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). The Coast Guard has made this determination based on the fact that the safety zone will only be 2 hours in duration on one evening. Because of this short duration, the impact on maritime operators is minimal. Before the effective period, we will publish advisories in the Local Notice to Mariners available to users of the river. Maritime traffic will be able to schedule their transits around this safety zone. 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 E:\FR\FM\25OCR1.SGM 25OCR1 65964 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations 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 zone established by this rule. The rule will not have a significant economic impact on a substantial number of small entities because the safety zone will only be in effect for 2 hours late in the evening when vessel traffic is low. Before the effective period, we will publish advisories in the Local Notice to Mariners available to users of the river. Maritime traffic will be able to schedule their transits around this safety zone. this rule under that Order and have determined that it does not have implications for federalism. 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. 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. erowe on DSK2VPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:13 Oct 24, 2011 Jkt 226001 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 affect 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 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, as supplemented by Executive Order 13566 and is not likely to have a PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g) of the Instruction. This rule involves the establishment of a safety zone around the fall out area of a fireworks zone. 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: E:\FR\FM\25OCR1.SGM 25OCR1 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS FEDERAL COMMUNICATIONS COMMISSION 1. The authority citation for part 165 continues to read as follows: 47 CFR Parts 1 and 64 ■ [CG Docket No. 11–47; FCC 11–150] 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.T13–195 to read as follows: ■ erowe on DSK2VPTVN1PROD with RULES (a) Location. This rule establishes a safety zone on the Willamette River in the vicinity of the Waverly Country Club, Portland, Oregon: all waters on the Willamette River between two lines; line one starts on the east bank at latitude 45°27′9.13″ N, longitude 122°39′20.99 W then stretches across the river to the west bank at latitude 45°27′6.78″ N, longitude 122°39′31.31″ W, line two starts twelve hundred feet upstream on the east bank at latitude 45°26′57.09″ N, longitude 122°39′14.35″ W then stretches across the river to the west bank at latitude 45°26′53.81″ N, longitude 122°39′25.40″ W. Geographically this safety zone covers all waters of the Willamette River in front of the Waverly Country Club extending upriver and downriver 600 feet from the firing site at approximate latitude 45°27′3.60″ N, longitude 122°39′17.99″ W and extending over the river to the west bank in a rectangular shape. (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 zone detailed in paragraph (a) is effective from 8:30 p.m. until 10:30 p.m. on November 5, 2011. [FR Doc. 2011–27515 Filed 10–24–11; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 15:13 Oct 24, 2011 Jkt 226001 Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (FCC or Commission) adopts rules to implement a provision of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), which requires each provider of interconnected voice over Internet protocol (VoIP) service or noninterconnected VoIP service to begin participating in and contributing to the interstate Telecommunications Relay Services (TRS) Fund in a manner prescribed by regulation that is consistent with and comparable to the obligations of other TRS Fund contributors. DATES: Effective November 25, 2011. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and Governmental Affairs Bureau, Disability Rights Office, at (202) 418–2075 or e-mail Rosaline.Crawford@fcc.gov. For additional information concerning the Paperwork Reduction Act (PRA) information collection requirements contained in document FCC 11–150, contact Cathy Williams, Federal Communications Commission, at (202) 418–2918 or e-mail Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Contributions to the Telecommunications Relay Service Fund, Report and Order (Order), document FCC 11–150, adopted October 7, 2011, released October 7, 2011, in CG Docket No. 11–47. The full text of document FCC 11–150 and copies of any subsequently filed documents in this matter will be available for public inspection and copying via ECFS, and during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. They may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SUMMARY: § 165.T13–195 Safety Zone; Waverly Country Club Fireworks Display on the Willamette River, Portland, OR. Dated: September 22, 2011. B.C. Jones, Captain, U.S. Coast Guard, Captain of the Port, Columbia River. Contributions to the Telecommunications Relay Services Fund PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 65965 SW., Room CY–B402, Washington, DC 20554, telephone: (800) 378–3160, fax: (202) 488–5563, or Internet: https:// www.bcpiweb.com. Document FCC 11– 150 can also be downloaded in Word or Portable Document Format (PDF) at https://www.fcc.gov/encyclopedia/ twenty-first-century-communicationsand-video-accessibility-act-0 and at https://transition.fcc.gov/cgb/dro/ trs.html. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice) or 202– 418–0432 (TTY). Final Paperwork Reduction Act of 1995 Analysis This document contains new and modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invited the general public to comment on the information collection requirements contained in document FCC 11–150 as required by the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, the Commission previously sought specific comment on how the Commission might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ See 44 U.S.C. 3506(c)(4). In this present document, the Commission has assessed the effects of the rules for contributions to the TRS Fund and finds that the collection of information requirements will not have a significant impact on small business concerns with fewer than 25 employees. The Commission received pre-approval from OMB for the information collection requirements on May 23, 2011, and the information collection requirements were adopted as proposed. See OMB Control Number 3060–0855. Congressional Review Act The Commission will send a copy of document FCC 11–150 in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). Synopsis 1. Document FCC 11–150 implements a provision of the CVAA, Public Law 111–260, 124 Stat. 2751 (2010). The CVAA added a new section 715, 47 U.S.C. 616, to the Communications Act of 1934, as amended (the Act), which E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Rules and Regulations]
[Pages 65963-65965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27515]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0899]
RIN 1625-AA00


Safety Zone; Waverly Country Club Fireworks Display on the 
Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the 
Willamette River located at the Waverly Country Club for a private 
event in Portland, Oregon. The safety zone is 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 8:30 p.m. until 10:30 p.m. on 
November 5, 2011 as detailed in the rule.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0899 and are available online 
by going to https://www.regulations.gov, inserting USCG-2011-0899 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 BM1 Silvestre Suga III, Waterways 
Management Division, Coast Guard MSU Portland; telephone 503-240-9319, 
e-mail silvestre.g.suga@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 immediate action is necessary to ensure 
the safety of vessels and spectators gathering in the vicinity of the 
fireworks launching and display sites. Following normal rulemaking 
procedures in this case would be impracticable and contrary to public 
interest since the event will have taken place by the time the notice 
could be published and comments taken.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because immediate action is 
necessary to ensure the safety of vessels and spectators gathering in 
the vicinity of the fireworks launching and display sites. Following 
normal rulemaking procedures in this case would be impracticable and 
contrary to the public interest, as this inherently dangerous event 
will have taken place by the time 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 a safety zone on the Willamette River in the 
vicinity of the Waverly Country Club for a private event that will be 
held on Saturday November 5, 2011. The safety zone will close a section 
of the Willamette River between two lines; line one starts on the east 
bank at latitude 45[deg]27'9.13'' N, longitude 122[deg]39'20.99'' W 
then stretches across the river to the west bank at latitude 
45[deg]27'6.78'' N, longitude 122[deg]39'31.31'' W, line two starts 
twelve hundred feet upstream on the east bank at latitude 
45[deg]26'57.09'' N, longitude 122[deg]39'14.35'' W then stretches 
across the river to the west bank at latitude 45[deg]26'53.81'' N, 
longitude 122[deg]39'25.40'' W.
    Geographically this safety zone covers all waters of the Willamette 
River in front of the Waverly Country Club extending upriver and 
downriver 600 feet from the firing site at approximate latitude 
45[deg]27'3.60'' N, longitude 122[deg]39'17.99'' W and extending over 
the river to the west bank in a rectangular shape.
    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 
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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order or under section 
1 of Executive Order 13563. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    The Coast Guard has made this determination based on the fact that 
the safety zone will only be 2 hours in duration on one evening. 
Because of this short duration, the impact on maritime operators is 
minimal. Before the effective period, we will publish advisories in the 
Local Notice to Mariners available to users of the river. Maritime 
traffic will be able to schedule their transits around this safety 
zone.

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

[[Page 65964]]

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 zone established by this rule. The rule will not 
have a significant economic impact on a substantial number of small 
entities because the safety zone will only be in effect for 2 hours 
late in the evening when vessel traffic is low. Before the effective 
period, we will publish advisories in the Local Notice to Mariners 
available to users of the river. Maritime traffic will be able to 
schedule their transits around this safety zone.

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 affect 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, as supplemented by 
Executive Order 13566 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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) of the Instruction. This rule involves the establishment of a 
safety zone around the fall out area of a fireworks zone. 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:

[[Page 65965]]

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.T13-195 to read as follows:


Sec.  165.T13-195  Safety Zone; Waverly Country Club Fireworks Display 
on the Willamette River, Portland, OR.

    (a) Location. This rule establishes a safety zone on the Willamette 
River in the vicinity of the Waverly Country Club, Portland, Oregon: 
all waters on the Willamette River between two lines; line one starts 
on the east bank at latitude 45[deg]27'9.13'' N, longitude 
122[deg]39'20.99 W then stretches across the river to the west bank at 
latitude 45[deg]27'6.78'' N, longitude 122[deg]39'31.31'' W, line two 
starts twelve hundred feet upstream on the east bank at latitude 
45[deg]26'57.09'' N, longitude 122[deg]39'14.35'' W then stretches 
across the river to the west bank at latitude 45[deg]26'53.81'' N, 
longitude 122[deg]39'25.40'' W. Geographically this safety zone covers 
all waters of the Willamette River in front of the Waverly Country Club 
extending upriver and downriver 600 feet from the firing site at 
approximate latitude 45[deg]27'3.60'' N, longitude 122[deg]39'17.99'' W 
and extending over the river to the west bank in a rectangular shape.
    (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 zone detailed in paragraph (a) 
is effective from 8:30 p.m. until 10:30 p.m. on November 5, 2011.

    Dated: September 22, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-27515 Filed 10-24-11; 8:45 am]
BILLING CODE 9110-04-P
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