Safety Zone; Firework Event, Willamette River, Portland, OR, 53375-53377 [2022-18843]
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Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Rules and Regulations
F. Executive Orders 12372 and 13132
This regulation will not have
substantial direct effect on the States, on
the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Nor will the rule
have federalism implications warranting
the application of Executive Orders
12372 and 13132.
G. Executive Order 12988
The Department has reviewed the rule
considering sections 3(a) and 3(b)(2) of
Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish
clear legal standards, and reduce
burden.
H. Executive Order 13175—
Consultation and Coordination With
Indian Tribal Governments
The Department has determined that
this rulemaking will not have Tribal
implications, will not impose
substantial direct compliance costs on
Indian Tribal governments, and will not
pre-empt Tribal law. Accordingly, the
requirements of Section 5 of Executive
Order 13175 do not apply to this
rulemaking.
I. Paperwork Reduction Act
This rule does not impose any new
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 41
Aliens, Foreign officials, Immigration,
Passports and Visas.
Accordingly, for the reasons set forth
in the preamble, 22 CFR part 41 is
amended to read as follows:
PART 41—VISAS: DOCUMENTATION
OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
Rena Bitter,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2022–18810 Filed 8–30–22; 8:45 am]
BILLING CODE 4710–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
1. The authority citation for part 41
continues to read as follows:
■
[Docket Number USCG–2022–0641]
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104;
Pub. L. 105–277, 112 Stat. 2681–795 through
2681–801; 8 U.S.C. 1185 note (section 7209
of Pub. L. 108–458, as amended by section
546 of Pub. L. 109–295).
RIN 1625–AA00
2. Section 41.111 is amended by
revising paragraph (b) to read as follows:
AGENCY:
§ 41.111
SUMMARY:
■
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including diplomatic visas, in the
United States, to:
(1) Qualified applicants who are
currently maintaining status and are
properly classifiable in the A, C–2, C–
3, G or NATO category and intend to
reenter the United States in that status
after a temporary absence abroad and
who also present evidence that:
(i) They have been lawfully admitted
in that status or have, after admission,
had their classification changed to that
status; and
(ii) Their period of authorized stay in
the United States in that status has not
expired; and
(2) Children who are born in the
United States, but who are not subject
to the jurisdiction thereof because they
are born to certain qualified individuals
who are currently maintaining status
and are properly classifiable in the A,
C–2, C–3, G or NATO category.
(3) Other qualified applicants who:
(i) Are currently maintaining status in
the E, H, I, L, O, or P nonimmigrant
category;
(ii) Intend to reenter the United States
in that status after a temporary absence
abroad; and
(iii) Who also present evidence that:
(A) They were previously issued visas
at a consular office abroad and admitted
to the United States in the status which
they are currently maintaining; and
(B) Their period of authorized
admission in that status has not expired.
Authority to issue visa.
*
*
*
*
*
(b) Issuance in the United States in
certain cases. The Deputy Assistant
Secretary for Visa Services and such
officers of the Department as the former
may designate are authorized, in their
discretion, to issue nonimmigrant visas,
VerDate Sep<11>2014
15:59 Aug 30, 2022
Jkt 256001
Safety Zone; Firework Event,
Willamette River, Portland, OR
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing 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 between the Marquam Bridge to
Hawthorne Bridge, Portland, Oregon,
during a fireworks display on the
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53375
evening of September 3, 2022. This
regulation prohibits persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Columbia River or a designated
representative.
This rule is effective from 8:30
p.m. to 10 p.m. on September 3, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0641 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this
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:
FOR FURTHER INFORMATION CONTACT:
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 Information and
Regulatory History
On July 19, 2022, the Oregon
Symphony notified the Coast Guard that
it will be conducting a fireworks display
from 9 to 9:30 p.m. on September 3,
2022. The fireworks are to be launched
from a barge in the Willamette River
between Marquam Bridge and
Hawthorne Bridge, Portland, Oregon. In
response, on August 3, 2022, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Firework Event, Willamette River,
Portland, OR (87 FR 47659). There we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended August 19, 2022, we
received no comments.
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. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to protect
persons and vessels from the safety
hazards associated with the planned
fireworks display on September 3, 2022.
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53376
Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Rules and Regulations
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Columbia River
(COTP) has determined that potential
hazards associated with the fireworks to
be used in this September 3, 2022
display will be a safety concern for
anyone within a 300-yard radius of the
barge. The purpose of this rule is to
ensure safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of the Rule
As noted above, we received no
comments on our NPRM published
August 3, 2022. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 8:30 p.m. to 10 p.m. on September
3, 2022. The safety zone covers all
navigable waters within a 300-yard
radius of a barge in the Willamette River
located between the Marquam Bridge
and Hawthorne Bridge, 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 9 p.m. to 9:30 p.m.
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
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V. Regulatory Analyses
We developed this 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 rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule 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 rule is designed to
minimize its impact on navigable
waters. This rule prohibits entry into
certain navigable waters of the
Willamette River and is not anticipated
VerDate Sep<11>2014
15:59 Aug 30, 2022
Jkt 256001
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 received no comments
from the Small Business Administration
on this rulemaking. 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 rule. If the rule
affects 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.
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.
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C. Collection of Information
This rule does 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 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 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this 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
determined 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 rule involves a safety
zone lasting 1.5 hours that would
prohibit entry within 300 yards 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
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Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Rules and Regulations
Manual 023–01–001–01, Rev. 1. A
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.
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.
Dated: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Columbia River.
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:
[FR Doc. 2022–18843 Filed 8–30–22; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
2. Add § 165.T13–0641 to read as
follows:
■
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[Docket Number USCG–2018–0682]
RIN 1625–AA00
Safety Zone; North Hero-Grand Isle
Bridge, Lake Champlain, VT
Coast Guard, DHS.
Temporary interim rule and
request for comments.
ACTION:
(a) Location. The following area is a
safety zone: All navigable waters of the
Willamette River, from surface to
bottom, in a 300-yard radius from the
fireworks barge located between the
Marquam Bridge and Hawthorne Bridge,
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
Jkt 256001
Coast Guard
AGENCY:
§ 165.T13–0641 Safety Zone; Willamette
River, Portland, OR.
15:59 Aug 30, 2022
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
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.
VerDate Sep<11>2014
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.
(3) The COTP will provide advanced
notice of the regulated area via
broadcast notice to mariners and by onscene designated representatives.
(d) Enforcement period. This section
will be enforced from 8:30 p.m. to 10
p.m. on September 3, 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.
The Coast Guard is extending
the effective period of the temporary
safety zone for the navigable waters
within a 50 yard radius from the center
of the North Hero-Grand Isle Bridge, on
Lake Champlain, VT. This rules extends
the effective period of the existing safety
zone for an additional two years. The
safety zone will now end on September
1, 2024. When enforced, this regulation
will continue to prohibit entry of vessels
or persons into the safety zone unless
authorized by Captain of the Port for
Sector Northern New England or a
designated representative. The safety
zone is necessary to protect personnel,
vessels, and marine environment from
potential hazards created by the
demolition, subsequent removal, and
replacement of the North Hero-Grand
Isle Bridge.
DATES: This rule is effective from
September 2, 2022, through September
1, 2024.
Comments and related material must
be received by the Coast Guard on or
before October 31, 2022.
SUMMARY:
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53377
You may submit comments
identified by docket number USCG–
2018–0682 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 on this rule, call or
email Chief Marine Science Technician
Zachary Wetzel, Waterways
Management Division, Sector Northern
New England, U.S. Coast Guard,
telephone 207–347–5003, email
Zachary.R.Wetzel@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern
New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
TIR Temporary Interim Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
On October 9, 2018, the Coast Guard
published a temporary interim rule
(TIR) establishing a safety zone on the
navigable waters within a 50 yard radius
from the center of the North Hero-Grand
Isle Bridge, on Lake Champlain, VT for
the North Hero-Grand Isle Bridge
replacement project (83 FR 50503). We
received no comments on the published
TIR. No public meeting was requested
and none was held. Construction on the
North Hero-Grand Isle Bridge began in
October 2018.
The Coast Guard originally published
this rule to be effective, and enforceable,
through September 1, 2022, but is
extending it to September 1, 2024, to
complete all remaining contract
operations in and over Lake Champlain,
including, but not limited to steel
erection, concrete bridge deck
placements, installations of navigation
lighting, and removal of the original
North Hero-Grand Isle Bridge. This rule
extends the effective period of the safety
zone for two years until September 1,
2024, due to delays of the North HeroGrand Isle Bridge replacement project.
The Captain of the Port Sector
Northern New England (COTP) has
determined that the potential hazards
associated with the bridge replacement
project will be a safety concern for
anyone within a 50 yard radius from the
center of the North Hero-Grand Isle
Bridge, on Lake Champlain, VT. No
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]]>Agencies
[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53375-53377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18843]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0641]
RIN 1625-AA00
Safety Zone; Firework Event, Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 between the
Marquam Bridge to Hawthorne Bridge, Portland, Oregon, during a
fireworks display on the evening of September 3, 2022. This regulation
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Columbia River or a designated
representative.
DATES: This rule is effective from 8:30 p.m. to 10 p.m. on September 3,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0641 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
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 Information and Regulatory History
On July 19, 2022, the Oregon Symphony notified the Coast Guard that
it will be conducting a fireworks display from 9 to 9:30 p.m. on
September 3, 2022. The fireworks are to be launched from a barge in the
Willamette River between Marquam Bridge and Hawthorne Bridge, Portland,
Oregon. In response, on August 3, 2022, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Firework
Event, Willamette River, Portland, OR (87 FR 47659). There we stated
why we issued the NPRM and invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended August 19, 2022, we received no comments.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to protect persons and vessels from
the safety hazards associated with the planned fireworks display on
September 3, 2022.
[[Page 53376]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Columbia
River (COTP) has determined that potential hazards associated with the
fireworks to be used in this September 3, 2022 display will be a safety
concern for anyone within a 300-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of the Rule
As noted above, we received no comments on our NPRM published
August 3, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 8:30 p.m. to 10 p.m. on
September 3, 2022. The safety zone covers all navigable waters within a
300-yard radius of a barge in the Willamette River located between the
Marquam Bridge and Hawthorne Bridge, 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 9 p.m. to 9:30 p.m.
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule 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 rule is designed to minimize its impact on navigable waters. This
rule prohibits 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule affects 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.
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.
C. Collection of Information
This rule does 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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves a
safety zone lasting 1.5 hours that would prohibit entry within 300
yards 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
[[Page 53377]]
Manual 023-01-001-01, Rev. 1. A 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.
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.
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: 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.T13-0641 to read as follows:
Sec. 165.T13-0641 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 300-yard
radius from the fireworks barge located between the Marquam Bridge and
Hawthorne Bridge, 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.
(3) The COTP will provide advanced notice of the regulated area via
broadcast notice to mariners and by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from 8:30
p.m. to 10 p.m. on September 3, 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: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2022-18843 Filed 8-30-22; 8:45 am]
BILLING CODE 9110-04-P
