Safety Zone; Firework Event, Willamette River, Portland, OR, 49568-49570 [2022-16562]
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Proposed Rules
institutions or markets and thereby threaten
the stability of the U.S. financial system.’’ 1
The systemic nature of several clearing
houses registered with the Commission
further underscores the need for vigilant
oversight by the Commission.2 Under the
Commission’s oversight, clearing houses
have shown resilience in navigating an evergrowing list of recent market stress events.
They have helped U.S. markets maintain
financial stability during the global
pandemic, supply chain issues, and
geopolitical events.
However, uncertainty surrounding these
events has driven home the need for the
Commission to enhance its rules so that
clearing houses strengthen their resilience to
future risk. The public interest role of
clearing houses is best served when the
clearing houses work with their clearing
members who have much at stake as they
shoulder the burden of losses and defaults.
Clearing houses, members, and end users
should work collaboratively to decide how to
increase the resilience of their respective
clearing house, and how to best navigate risk
during times of market stress. Simply put,
there is strength in numbers and diversity of
perspective.
We have seen how clearing houses have
benefitted from risk management committees
and other working groups that reflect a broad
coalition of stakeholders. Their voices should
be heard in a meaningful way.3 Today, the
Commission proposes formalizing
requirements for these committees.4 We
propose a requirement for the consideration
of input from members of risk committees on
matters that could strengthen or weaken the
resilience of the clearing organization to
future risk. The proposed rule seeks to
balance the calls of those on the committees
for increased transparency, predictability,
and a voice in risk management, with the
clearing houses’ calls for flexibility and
lotter on DSK11XQN23PROD with PROPOSALS1
1 See
https://home.treasury.gov/policy-issues/
financial-markets-financial-institutions-and-fiscalservice/fsoc/designations. FSOC designates clearing
houses who serve as central counterparties
responsible for clearing a large majority of trades as
systemically important Financial Market Utilities.
2 The Commodity Exchange Act established
several core principles for Derivatives Clearing
Houses, including a requirement that the clearing
houses establish governance arrangements that are
transparent to fulfill public interest requirements
and to permit the consideration of the views of
owners and participants. 7 U.S.C. 7a–1(c)(2)(O). To
further implement these core principles, the
Commission adopted several rules including a rule
that clearing houses maintain clear, documented
governance arrangements. Commission regulation
39.24(b).
3 The Commission previously stated that clearing
organization governance rules, ‘‘improve DCO risk
management practices by promoting transparency
of governance arrangements and making sure that
the interests of a DCO’s clearing members and,
where relevant, their customers are taken into
account.’’ Derivatives Clearing Organization
General Provisions and Core Principles, 85 FR 4800,
4848 (Jan. 27. 2020).
4 Proposals include broad and diverse
participation, fitness, the importance of
independent, expert opinions, and a performance of
committee duties focused on the safety of the
clearing organization and the stability of the
financial system.
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17:04 Aug 10, 2022
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consideration of their own internal opinions
on risk. Commenters will tell us whether we
have gotten this balance right in a way that
will strengthen the resilience of clearing
houses to future risk while keeping it agile
to respond to sudden market events.
Additionally, we endeavor to formalize
governance rules that promote accountability
of clearing houses, and facilitate oversight by
the CFTC. Both accountability and oversight
are served in the proposal through written
policies and procedures, and documentation
that stakeholder voices have been solicited
and heard. The proposal is not prescriptive
about the content of the policies and
procedures. A requirement for written
policies and procedures, accompanied by
documentation of the consideration of input,
will benefit the full range of clearing houses,
from systemically significant clearing houses
to new or future clearing houses, including
in the digital asset space, who may not have
a history of risk management committees.
It is my hope that over time, a requirement
for policies and procedures will serve as a
launch pad for best practices to emerge. I
look forward to public comment on
additional opportunities for how the
Commission can effectively advance best
practices, including the question of whether
the Commission should require the
publication of the policies and procedures,
and whether the Commission should be
prescriptive of the content. I also look
forward to comments on whether meetings of
risk advisory working groups should be
documented to ensure that those members’
voices are adequately heard in a meaningful
way.
Today’s proposal serves as an important
first step to promote accountability,
transparency, predictability, and effective
oversight for the governance of clearing
houses. We also invite comment on certain
future rulemaking for best practices. I look
forward to future consideration of additional
opportunities for the Commission to promote
transparency, accountability, predictability,
and effective oversight.5
[FR Doc. 2022–16683 Filed 8–10–22; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0626]
RIN 1625–AA00
Safety Zone; Firework Event,
Willamette River, Portland, OR
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
5 While there may be a diversity of views on these
additional opportunities, I hope that diversity will
help, rather than deter, this independent
Commission to develop strong and long-lasting
rules to strengthen the resilience of clearing houses
to future risk.
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ACTION:
Notice of proposed rulemaking.
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Willamette River.
This action is necessary to provide for
the safety of life on these navigable
waters near Oaks Park, Portland, OR,
during a fireworks display on October
31, 2022. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Sector Columbia River or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 12, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0626 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Sean
Murphy, Waterways Management
Division, Marine Safety Unit Portland,
U.S. Coast Guard; telephone 503–240–
9319, email D13-SMBMSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On June 14, 2022, the Oaks Park
Association notified the Coast Guard
that it will be conducting a fireworks
display from 7 to 7:30 p.m. on October
31, 2022. The fireworks are to be
launched from a barge in the Willamette
River offshore of Oaks Park, Portland,
Oregon. Hazards from firework displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
Captain of the Port Sector Columbia
River (COTP) has determined that
potential hazards associated with the
fireworks to be used in this display
would be a safety concern for anyone
within a 1,000 ft. radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Proposed Rules
navigable waters within a 1,000 ft.
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 6:30 to 8 p.m. on
October 31, 2022. The safety zone
would cover navigable waters within
1,000 ft radius of a barge in the
Willamette River located offshore of
Oaks Park, Portland, OR. The duration
of the zone is intended to ensure the
safety of vessels and these navigable
waters before, during, and after the
scheduled 7 to 7:30 p.m. fireworks
display. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
lotter on DSK11XQN23PROD with PROPOSALS1
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. The safety
zone created by this proposed rule is
designed to minimize its impact on
navigable waters. This proposed rule
will prohibit entry into certain
navigable waters of the Willamette River
and is not anticipated to exceed two
hours in duration. Thus, restrictions on
vessel movement within that particular
area are expected to be minimal.
Moreover, under certain conditions,
vessels may still transit through the
safety zone when permitted by the
COTP. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone
and the rule allows vessels to seek
permission to enter the zone.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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.
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. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that order and
have determined that it is consistent
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49569
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. 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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone lasting 1.5
hours that would prohibit entry within
1,000 feet of a fireworks barge.
Normally, such actions are categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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Federal Register / Vol. 87, No. 154 / Thursday, August 11, 2022 / Proposed Rules
G. Protest Activities
List of Subjects in 33 CFR Part 165
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
lotter on DSK11XQN23PROD with PROPOSALS1
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2022–0626 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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17:04 Aug 10, 2022
Jkt 256001
For the reasons discussed in the
preamble, the Coast Guard is proposing
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
Dated: July 27, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2022–16562 Filed 8–10–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2021–0483; FRL–9158–01–
R2]
Approval of Air Quality Implementation
Plans; New York; Revision to 6 NYCRR
Part 205, Architectural and Industrial
Maintenance Coatings
■
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
§ 165.T13–0626 Safety Zone; Willamette
River, Portland, OR.
SUMMARY:
2. Add § 165.T13–0626 to read as
follows:
(a) Location. The following area is a
safety zone: All navigable waters of the
Willamette River, from surface to
bottom, in a 1,000 ft. radius from the
fireworks barge off shore of Oaks Park,
Portland, OR.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Columbia River (COTP) in the
enforcement of the regulations in this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(d) Enforcement period. This section
will be enforced from 6:30 to 8 p.m. on
October 31, 2022. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Notice to
Mariners.
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AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the New York State
Implementation Plan (SIP) for the
purposes of implementing control of air
pollution for volatile organic
compounds (VOC). The proposed SIP
revision consists of amendments to
regulations outlined within New York’s
Codes, Rules, and Regulations that
implement control measures for
architectural and industrial
maintenance coatings. The intended
effect of this action is to approve control
strategies which will result in VOC
emission reductions that will help attain
and maintain the national ambient air
quality standards for ozone. These
actions are being taken in accordance
with the requirements of the Clean Air
Act.
DATES: Written comments must be
received on or before September 12,
2022.
Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–0483, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
ADDRESSES:
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]]>Agencies
[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Proposed Rules]
[Pages 49568-49570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16562]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0626]
RIN 1625-AA00
Safety Zone; Firework Event, Willamette River, Portland, OR
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Willamette River. This action is
necessary to provide for the safety of life on these navigable waters
near Oaks Park, Portland, OR, during a fireworks display on October 31,
2022. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Sector Columbia River or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 12, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0626 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Sean Murphy, Waterways Management
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On June 14, 2022, the Oaks Park Association notified the Coast
Guard that it will be conducting a fireworks display from 7 to 7:30
p.m. on October 31, 2022. The fireworks are to be launched from a barge
in the Willamette River offshore of Oaks Park, Portland, Oregon.
Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector Columbia River (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a
1,000 ft. radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the
[[Page 49569]]
navigable waters within a 1,000 ft. radius of the fireworks barge
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 6:30 to 8
p.m. on October 31, 2022. The safety zone would cover navigable waters
within 1,000 ft radius of a barge in the Willamette River located
offshore of Oaks Park, Portland, OR. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 7 to 7:30 p.m. fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this proposed rule is designed to minimize its impact on navigable
waters. This proposed rule will prohibit entry into certain navigable
waters of the Willamette River and is not anticipated to exceed two
hours in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions, vessels may still transit through the safety zone when
permitted by the COTP. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the safety zone may be small entities, for
the reasons stated in section IV.A above, this proposed rule would not
have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry within 1,000 feet of a
fireworks barge. Normally, such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
[[Page 49570]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0626 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0626 to read as follows:
Sec. 165.T13-0626 Safety Zone; Willamette River, Portland, OR.
(a) Location. The following area is a safety zone: All navigable
waters of the Willamette River, from surface to bottom, in a 1,000 ft.
radius from the fireworks barge off shore of Oaks Park, Portland, OR.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Columbia River (COTP) in the enforcement of the
regulations in this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
(d) Enforcement period. This section will be enforced from 6:30 to
8 p.m. on October 31, 2022. It will be subject to enforcement this
entire period unless the COTP determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.
Dated: July 27, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-16562 Filed 8-10-22; 8:45 am]
BILLING CODE 9110-04-P
