
[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Proposed Rules]
[Pages 27381-27384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0331]
RIN 1625-AA00


Safety Zone; Newport High School Graduation Fireworks, Newport, 
OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone at the 
entrance of Yaquina Bay in Newport, OR, for a local fireworks event. 
The safety zone is necessary to help ensure the safety of the maritime 
public during the display and would do so by prohibiting persons and 
vessels from entering the safety zone unless authorized by the Captain 
of the Port Columbia River or his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 11, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0331 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email ENS Ian McPhillips, Waterways Management Division, 
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
Ian.P.McPhillips@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0331),

[[Page 27382]]

indicate the specific section of this document to which each comment 
applies, and provide a reason for each suggestion or recommendation. 
You may submit your comments and material online via http://www.regulations.gov or by fax, mail, or hand delivery, but please use 
only one of these means. If you submit a comment online via 
www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2012-0331 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2012-0331 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting at this time, but you may 
submit a request for one on or before June 11, 2012 using one of the 
four methods specified under ADDRESSES. Please explain why you believe 
a public meeting would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Basis and Purpose

    Fireworks displays create hazardous conditions for the maritime 
public due to loud noises, falling debris, and explosions, as well as 
the heavy vessel traffic congregating near the displays. The 
establishment of a safety zone helps ensure the safety of the maritime 
public by prohibiting persons and vessels from risks associated with 
fireworks displays.

Discussion of Proposed Rule

    This proposed rule would establish a temporary safety zone at the 
entrance of Yaquina Bay in Newport, OR. This event will be held on 
Saturday, June 9, 2012 from 9 p.m. to 11 p.m. The safety zone would 
extend 300 feet in all directions from the discharge site which is 
located on the south side of the channel at 44-36'46.86'' N 124-
04'10.68'' W.
    Geographically this safety zone would cover all waters of Yaquina 
Bay extending 300 feet in all directions from the discharge site. All 
persons and vessels would be prohibited from entering the safety zone 
during the date and time this proposed rule is effective unless 
authorized by the Captain of the Port Columbia River or his designated 
representative.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. The Coast Guard has made 
this determination based on the fact that the safety zone created by 
this rule will not significantly affect the maritime public because the 
federal navigation channel will remain open and vessels may still 
proceed around the perimeter of the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: the owners and operators of vessels intending to 
operate in the area covered by the safety zone. The safety zone would 
not have a significant economical impact on a substantial number of 
small entities because the federally maintained navigation channel 
would remain open for use during the display and the safety zone would 
only be in effect for 2 hrs in the evening when vessel traffic is low. 
We will send out a broadcast to notify mariners 2 hrs before the 
effective period and the Coast Guard will also publish advisories in 
the Local Notice to Mariners. Maritime traffic will be able to schedule 
their transits around this safety zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact ENS Ian

[[Page 27383]]

McPhillips, Waterways Management Division, Marine Safety Unit Portland, 
Coast Guard; telephone 503-240-9319, email Ian.P.Mcphillips@uscg.mil. 
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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for Federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for Federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have 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. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This rule is 
categorically excluded, under figure 2-1, paragraph (34) (g), of the 
instruction. This proposed rule involves the creation of a safety zone. 
We seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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 proposes 
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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T216 Safety Zone; Newport High School Graduation 
Fireworks Display; Newport, OR


Sec.  165.T216  Safety Zone; Newport High School Graduation Fireworks 
Display; Newport, OR

Location

    The safety zone will extend 300 feet in all directions from the 
discharge site which is located on the South Side of the Yaquina Bay 
channel at position 44-36'46.86'' N 124-04'10.68'' W. This event will 
be held on Saturday, June 9, 2012.
    (a) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative. The Captain of the Port may be assisted by 
other federal, state, or local agencies with the enforcement of the 
safety zone.
    (b) Effective Period. The safety zone created by this section will 
be in effect from 9 p.m. through 11 p.m. on June 9, 2012.


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    Dated: April 19, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-11239 Filed 5-9-12; 8:45 am]
BILLING CODE 9110-04-P


