Safety Zone; Firework Event, Willamette River, Portland, OR, 64380-64382 [2022-23084]
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64380
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–22–05 NZSkydive Limited (type
certificate previously held by Pacific
Aerospace Ltd.): Amendment 39–22220;
Docket No. FAA–2022–1310; Project
Identifier MCAI–2022–01261–A.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Action
(1) Before further flight after the effective
date of this AD, remove the four aileron
control chain sprockets in the control arm
and yoke assembly and inspect the sprockets
to determine if a non-metallic sleeve is fitted
in the sprocket bore.
(2) If a non-metallic sleeve is found fitted
in any aileron control chain sprocket bore,
before further flight, replace the affected
aileron control chain sprocket with a part
that does not have a non-metallic sleeve.
(3) As of the effective date of this AD, do
not install an aileron control chain sprocket
part number C446, unless it has been
inspected by following paragraph (g)(1) of
this AD and found to have a metallic sleeve
fitted in the sprocket bore.
Note to paragraph (g): Pacific Aerospace
Mandatory Service Bulletin PACSB/2C/002,
Issue 1, dated September 20, 2022, contains
information related to this subject.
(h) Special Flight Permits
Special flight permits are prohibited.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2710, Aileron Control System.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(e) Unsafe Condition
This AD was prompted by mandatory
continuing airworthiness information (MCAI)
originated by an aviation authority of another
country to identify and correct an unsafe
condition on an aviation product. The MCAI
identifies the unsafe condition as a batch of
aileron control chain sprockets being
manufactured with a non-metallic sleeve
insert in the sprocket bore, which can cause
cracks to develop and affect the integrity of
the aileron control chain sprockets. The FAA
is issuing this AD to prevent cracks from
forming in the aileron control chain
sprockets due to non-metallic sleeves in the
sprocket bore. These cracks can affect the
integrity of the aileron control chain
(j) Additional Information
(1) Refer to Civil Aviation Authority (CAA)
of New Zealand AD DCA/FBA/5, dated
September 23, 2022, for related information.
This CAA of New Zealand AD may be found
in the AD docket at regulations.gov under
Docket No. FAA–2022–1310.
(2) For more information about this AD,
contact Mike Kiesov, Aviation Safety
Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901
Locust, Room 301, Kansas City, MO 64106;
phone: (816) 329–4144; email: mike.kiesov@
faa.gov.
(3) For service information identified in
this AD that is not incorporated by reference,
contact NZSkydive Limited, 333 Airport
(a) Effective Date
This airworthiness directive (AD) is
effective November 9, 2022.
(b) Affected ADs
None.
(c) Applicability
All NZSkydive Limited (type certificate
previously held by Pacific Aerospace Ltd.)
Model FBA–2C1, FBA–2C2, FBA–2C3, and
FBA–2C4 airplanes, all serial numbers,
certificated in any category.
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sprockets and have the potential to produce
binding of the aileron flight controls. The
unsafe condition, if not addressed, could lead
to loss of integrity of the aileron control
chain sprockets with consequent loss of
control of the airplane.
VerDate Sep<11>2014
15:51 Oct 24, 2022
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Road, Hamilton, New Zealand, 3282; phone:
+64 7 843 6144; email: pacific@
aerospace.co.nz; website: aerospace.co.nz.
You may view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(k) Material Incorporated by Reference
None.
Issued on October 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–23231 Filed 10–21–22; 11:15 am]
BILLING CODE 4910–13–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, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 near Oaks Park, Portland, OR,
during a fireworks display on October
31, 2022. This regulation prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Sector Columbia
River or a designated representative.
DATES: This rule is effective from 6:30 to
8 p.m. on October 31, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0626 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email LT Carlie Gilligan, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone 503–240–9319, email D13SMB-MSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
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Code of Federal Regulations
25OCR1
Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
V. Regulatory Analyses
II. Background Information and
Regulatory History
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.
In response, on August 11, 2022, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Firework Event, Willamette
River, Portland, OR (87 FR 49568).
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 September
12, 2022, we received no comments.
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 Columbia River (COTP)
has determined that potential hazards
associated with the fireworks to be used
in this October 31, 2022 display will be
a safety concern for anyone within a
1,000 ft. 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.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 11, 2022. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
The COTP is establishing a safety
zone from 6:30 to 8 p.m. on October 31,
2022. The safety zone covers navigable
waters within a 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
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
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15:51 Oct 24, 2022
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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 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 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.
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64381
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
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Federal Register / Vol. 87, No. 205 / Tuesday, October 25, 2022 / Rules and Regulations
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 will prohibit
entry within 1,000 ft. of a fireworks
barge in the Willamette River in the
vicinity of Oaks Park, Portland, OR. It is
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
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.
2. Add § 165.T13–0626 to read as
follows:
■
§ 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: September 19, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2022–23084 Filed 10–24–22; 8:45 am]
List of Subjects in 33 CFR Part 165
BILLING CODE 9110–04–P
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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:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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.
VerDate Sep<11>2014
15:51 Oct 24, 2022
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[EPA–R04–OAR–2021–0554; FRL–9187–02–
R4]
Air Plan Approval; North Carolina;
Miscellaneous Emission Control
Standards Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is finalizing the approval
of changes to the North Carolina State
Implementation Plan (SIP), submitted
by the State of North Carolina through
the North Carolina Department of
Environmental Quality (NCDEQ),
Division of Air Quality (DAQ), through
a letter dated April 13, 2021. This SIP
revision includes changes to a subset of
NCDEQ’s regulations regarding emission
control standards. EPA is approving
these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective November
25, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0554. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8994. Ms. LaRocca can also
be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
EPA is approving certain changes to
North Carolina’s SIP that were provided
to EPA by NCDEQ via a letter dated
April 13, 2021, and are related to North
Carolina’s 15A North Carolina
Administrative Code (NCAC)
Subchapter 02D, Section .0500,
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]]>Agencies
[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64380-64382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23084]
=======================================================================
-----------------------------------------------------------------------
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, 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 near Oaks
Park, Portland, OR, during a fireworks display on October 31, 2022.
This regulation prohibits persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Sector Columbia River
or a designated representative.
DATES: This rule is effective from 6:30 to 8 p.m. on October 31, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0626 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 on this rule,
call or email LT Carlie Gilligan, 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
[[Page 64381]]
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 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.
In response, on August 11, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Firework Event,
Willamette River, Portland, OR (87 FR 49568). 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
September 12, 2022, we received no comments.
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 Columbia River
(COTP) has determined that potential hazards associated with the
fireworks to be used in this October 31, 2022 display will be a safety
concern for anyone within a 1,000 ft. 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 Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 11, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
The COTP is establishing a safety zone from 6:30 to 8 p.m. on
October 31, 2022. The safety zone covers navigable waters within a
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 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 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 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
[[Page 64382]]
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 will prohibit entry within 1,000 ft.
of a fireworks barge in the Willamette River in the vicinity of Oaks
Park, Portland, OR. It is 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 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.T13-0626 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: September 19, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-23084 Filed 10-24-22; 8:45 am]
BILLING CODE 9110-04-P
