80_FR_35690 80 FR 35571 - Safety Zone; Fireworks Display, Columbia River, Cathlamet, WA

80 FR 35571 - Safety Zone; Fireworks Display, Columbia River, Cathlamet, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 119 (June 22, 2015)

Page Range35571-35573
FR Document2015-15323

The Coast Guard is establishing a safety zone in Cathlamet, WA. This safety zone is necessary to help ensure the safety of the maritime public during a fireworks display and will do so by prohibiting unauthorized persons and vessels from entering the safety zones unless authorized by the Sector Columbia River Captain of the Port or his designated representatives.

Federal Register, Volume 80 Issue 119 (Monday, June 22, 2015)
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Rules and Regulations]
[Pages 35571-35573]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15323]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0358]
RIN 1625-AA00


Safety Zone; Fireworks Display, Columbia River, Cathlamet, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone in Cathlamet, 
WA. This safety zone is necessary to help ensure the safety of the 
maritime public during a fireworks display and will do so by 
prohibiting unauthorized persons and vessels from entering the safety 
zones unless authorized by the Sector Columbia River Captain of the 
Port or his designated representatives.

DATES: This rule is effective on July 18, 2015 from 10:00 p.m. to 11:00 
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0358]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ken Lawrenson, Waterways Management Division, Marine 
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
msupdxwwm@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553, the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule. Waiting for a 30 day notice period to run would 
be impracticable. The Coast Guard did not receive the necessary 
information in time for this regulation to undertake both an NPRM and a 
30 day delayed effective date. Additionally, waiting for a 30 day 
notice period to run would be impracticable as delayed promulgation may 
result in injury or damage to persons and vessels from the hazards 
associated with fireworks displays.
    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 due to the late notification of 
this event and because the event will have occurred before comments 
could have been taken.

B. Basis and Purpose

    The legal basis for this proposed rule is: 33 U.S.C. 1231; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of 
Homeland Security Delegation No. 0170.1; which collectively authorize 
the Coast Guard to establish regulatory safety zones for safety and 
environmental purposes.
    Fireworks displays create hazardous conditions for the maritime 
public because of the large number of vessels that congregate near the 
displays, as well as the noise, falling debris, and explosions that 
occur during the event. Due to the presence of a fireworks show, a 
safety zone is necessary in order to reduce vessel traffic congestion 
in the proximity of fireworks discharge sites and to prevent vessel 
traffic within the fallout zone of the fireworks.

C. Discussion of the Temporary Final Rule

    This rule establishes one safety zone in the Sector Columbia River 
Captain of the Port Zone.
    The safety zone will encompass the waters included within a 500 
foot radius at the following approximate location: 46[deg]12'14'' N; 
123[deg]23'17'' W, along the Columbia River, in Cathlamet, WA. This 
safety zone will be effective on Saturday July 18, 2015 from 10:00 p.m. 
to 11:00 p.m.

D. Regulatory Analyses

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

 1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of

[[Page 35572]]

potential costs and benefits under section 6(a)(3) of Executive Order 
12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under those Orders. 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 vessels may still coordinate their transit with the 
Coast Guard in the vicinity of the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    (1) 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 rule will not have 
a significant economic impact on a substantial number of small entities 
because the safety zones will only be in effect for a limited period of 
time. Additionally, vessels can still transit through the zone with the 
permission of the Captain of the Port. Before the effective period, we 
will publish advisories in the Local Notice to Mariners available to 
users of the river. Maritime traffic will be able to schedule their 
transits around the 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

 6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

 7. 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 expenditure, we do not discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. Civil Justice Reform

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

10. Protection of Children

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

 11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

 12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 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 the creation of one safety zone during 
fireworks displays to protect maritime public. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are

[[Page 35573]]

available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this 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 is 
amending 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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-0358 to read as follows:


Sec.  165.T13-0358  Safety Zone; Cathlamet Bald Eagle Days Firework 
Display, Cathlamet, WA.

    (a) Safety Zones. The following area is a designated safety zone:
    (1) Location. All waters along the Columbia River, Cathlamet, WA, 
within a 500 foot radius at the approximate position of 46[deg]12'14'' 
N; 123[deg]23'17'' W.
    (2) Enforcement Period. This event will be held on July 18, 2015 
from 10:00 p.m. to 11:00 p.m.
    (b) 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.
    (c) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting either the on-scene patrol 
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River 
Command Center via telephone at (503) 861-6211.

    Dated: May 19, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-15323 Filed 6-19-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations                                          35571

                                            through, or anchoring within the 800                    SUMMARY:   The Coast Guard is                          time for this regulation to undertake
                                            foot regulated area safety zone around                  establishing a safety zone in Cathlamet,               both an NPRM and a 30 day delayed
                                            the fireworks barge, located in                         WA. This safety zone is necessary to                   effective date. Additionally, waiting for
                                            approximate position 32°42′16″ N,                       help ensure the safety of the maritime                 a 30 day notice period to run would be
                                            117°09′59″ W, unless authorized by the                  public during a fireworks display and                  impracticable as delayed promulgation
                                            Captain of the Port, or his designated                  will do so by prohibiting unauthorized                 may result in injury or damage to
                                            representative. Persons or vessels                      persons and vessels from entering the                  persons and vessels from the hazards
                                            desiring to enter into or pass through                  safety zones unless authorized by the                  associated with fireworks displays.
                                            the safety zone may request permission                  Sector Columbia River Captain of the                      Under 5 U.S.C. 553(d)(3), the Coast
                                            from the Captain of the Port or a                       Port or his designated representatives.                Guard finds that good cause exists for
                                            designated representative. The Coast                    DATES: This rule is effective on July 18,              making this rule effective less than 30
                                            Guard Captain of the Port or designated                 2015 from 10:00 p.m. to 11:00 p.m.                     days after publication in the Federal
                                            representative can be reached via VHF                   ADDRESSES: Documents mentioned in
                                                                                                                                                           Register due to the late notification of
                                            CH 16 or at (619) 278–7033. If                          this preamble are part of docket [USCG–                this event and because the event will
                                            permission is granted, all persons and                  2015–0358]. To view documents                          have occurred before comments could
                                            vessels shall comply with the                           mentioned in this preamble as being                    have been taken.
                                            instructions of the Captain of the Port or              available in the docket, go to http://                 B. Basis and Purpose
                                            his designated representative. Spectator                www.regulations.gov, type the docket
                                            vessels may safely transit outside the                                                                            The legal basis for this proposed rule
                                                                                                    number in the ‘‘SEARCH’’ box and click                 is: 33 U.S.C. 1231; 50 U.S.C. 191; 33
                                            regulated area, but may not anchor,                     ‘‘SEARCH.’’ Click on Open Docket
                                            block, loiter, or impede the transit of                                                                        CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                    Folder on the line associated with this                Department of Homeland Security
                                            official fireworks support and event                    rulemaking. You may also visit the
                                            safety vessels or law enforcement patrol                                                                       Delegation No. 0170.1; which
                                                                                                    Docket Management Facility in Room                     collectively authorize the Coast Guard
                                            vessels. The Coast Guard may be                         W12–140 on the ground floor of the
                                            assisted by other Federal, State, or local                                                                     to establish regulatory safety zones for
                                                                                                    Department of Transportation West                      safety and environmental purposes.
                                            law enforcement agencies in notification                Building, 1200 New Jersey Avenue SE.,
                                            and patrol of this regulation.                                                                                    Fireworks displays create hazardous
                                                                                                    Washington, DC 20590, between 9 a.m.                   conditions for the maritime public
                                               This document is issued under                        and 5 p.m., Monday through Friday,
                                            authority of 5 U.S.C. 552 (a) and 33 CFR                                                                       because of the large number of vessels
                                                                                                    except Federal holidays.                               that congregate near the displays, as
                                            165.1123. In addition to this document
                                                                                                    FOR FURTHER INFORMATION CONTACT: If                    well as the noise, falling debris, and
                                            in the Federal Register, the Coast Guard
                                            will provide the maritime community                     you have questions on this rule, call or               explosions that occur during the event.
                                            with advance notification of this                       email Ken Lawrenson, Waterways                         Due to the presence of a fireworks show,
                                            enforcement period via the Local Notice                 Management Division, Marine Safety                     a safety zone is necessary in order to
                                            to Mariners, Broadcast Notice to                        Unit Portland, Coast Guard; telephone                  reduce vessel traffic congestion in the
                                            Mariners, and local advertising by the                  503–240–9319, email msupdxwwm@                         proximity of fireworks discharge sites
                                            event sponsor.                                          uscg.mil. If you have questions on                     and to prevent vessel traffic within the
                                               If the Coast Guard determines that the               viewing or submitting material to the                  fallout zone of the fireworks.
                                            regulated area need not be enforced for                 docket, call Cheryl Collins, Program
                                                                                                    Manager, Docket Operations, telephone                  C. Discussion of the Temporary Final
                                            the full duration stated on this                                                                               Rule
                                            document, then a Broadcast Notice to                    (202) 366–9826.
                                            Mariners or other communications                        SUPPLEMENTARY INFORMATION:                                This rule establishes one safety zone
                                            coordinated with the event sponsor will                                                                        in the Sector Columbia River Captain of
                                                                                                    Table of Acronyms                                      the Port Zone.
                                            grant general permission to enter the
                                                                                                    DHS Department of Homeland Security                       The safety zone will encompass the
                                            regulated area.
                                                                                                    FR Federal Register                                    waters included within a 500 foot radius
                                               Dated: June 2, 2015.                                 NPRM Notice of Proposed Rulemaking                     at the following approximate location:
                                            J.A. Janszen,                                           TFR Temporary Final Rule                               46°12′14″ N; 123°23′17″ W, along the
                                            Captain, U.S. Coast Guard, Acting, Captain              A. Regulatory History and Information                  Columbia River, in Cathlamet, WA. This
                                            of the Port San Diego.                                                                                         safety zone will be effective on Saturday
                                            [FR Doc. 2015–15317 Filed 6–19–15; 8:45 am]                The Coast Guard is issuing this                     July 18, 2015 from 10:00 p.m. to 11:00
                                            BILLING CODE 9110–04–P
                                                                                                    temporary final rule without prior                     p.m.
                                                                                                    notice and opportunity to comment
                                                                                                    pursuant to authority under section 4(a)               D. Regulatory Analyses
                                            DEPARTMENT OF HOMELAND                                  of the Administrative Procedure Act                      We developed this rule after
                                            SECURITY                                                (APA) (5 U.S.C. 553(b)). This provision                considering numerous statutes and
                                                                                                    authorizes an agency to issue a rule                   executive orders related to rulemaking.
                                            Coast Guard                                             without prior notice and opportunity to                Below we summarize our analyses
                                                                                                    comment when the agency for good                       based on these statutes and executive
                                            33 CFR Part 165                                         cause finds that those procedures are                  orders.
                                                                                                    ‘‘impracticable, unnecessary, or contrary
                                            [Docket Number USCG–2015–0358]                                                                                 1. Regulatory Planning and Review
                                                                                                    to the public interest.’’ Under 5 U.S.C.
                                            RIN 1625–AA00                                           553, the Coast Guard finds that good                      This rule is not a significant
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                                                                                                    cause exists for not publishing a notice               regulatory action under section 3(f) of
                                            Safety Zone; Fireworks Display,                         of proposed rulemaking (NPRM) with                     Executive Order 12866, Regulatory
                                            Columbia River, Cathlamet, WA                           respect to this rule. Waiting for a 30 day             Planning and Review, as supplemented
                                            AGENCY:    Coast Guard, DHS.                            notice period to run would be                          by Executive Order 13563, Improving
                                                                                                    impracticable. The Coast Guard did not                 Regulation and Regulatory Review, and
                                            ACTION:   Temporary final rule.
                                                                                                    receive the necessary information in                   does not require an assessment of


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                                            35572               Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations

                                            potential costs and benefits under                        Small businesses may send comments                   Interference with Constitutionally
                                            section 6(a)(3) of Executive Order 12866                on the actions of Federal employees                    Protected Property Rights.
                                            or under section 1 of Executive Order                   who enforce, or otherwise determine
                                                                                                                                                           9. Civil Justice Reform
                                            13563. The Office of Management and                     compliance with, Federal regulations to
                                            Budget has not reviewed it under those                  the Small Business and Agriculture                       This rule meets applicable standards
                                            Orders. The Coast Guard has made this                   Regulatory Enforcement Ombudsman                       in sections 3(a) and 3(b)(2) of Executive
                                            determination based on the fact that the                and the Regional Small Business                        Order 12988, Civil Justice Reform, to
                                            safety zone created by this rule will not               Regulatory Fairness Boards. The                        minimize litigation, eliminate
                                            significantly affect the maritime public                Ombudsman evaluates these actions                      ambiguity, and reduce burden.
                                            because vessels may still coordinate                    annually and rates each agency’s                       10. Protection of Children
                                            their transit with the Coast Guard in the               responsiveness to small business. If you
                                            vicinity of the safety zone.                            wish to comment on actions by                            We have analyzed this rule under
                                                                                                    employees of the Coast Guard, call 1–                  Executive Order 13045, Protection of
                                            2. Impact on Small Entities                                                                                    Children from Environmental Health
                                                                                                    888–REG–FAIR (1–888–734–3247). The
                                               The Regulatory Flexibility Act of 1980               Coast Guard will not retaliate against                 Risks and Safety Risks. This rule is not
                                            (RFA), 5 U.S.C. 601–612, as amended,                    small entities that question or complain               an economically significant rule and
                                            requires federal agencies to consider the               about this rule or any policy or action                does not create an environmental risk to
                                            potential impact of regulations on small                of the Coast Guard.                                    health or risk to safety that may
                                            entities during rulemaking. The term                                                                           disproportionately affect children.
                                            ‘‘small entities’’ comprises small                      4. Collection of Information
                                            businesses, not-for-profit organizations                                                                       11. Indian Tribal Governments
                                                                                                       This rule will not call for a new
                                            that are independently owned and                        collection of information under the                       This rule does not have tribal
                                            operated and are not dominant in their                  Paperwork Reduction Act of 1995 (44                    implications under Executive Order
                                            fields, and governmental jurisdictions                  U.S.C. 3501–3520).                                     13175, Consultation and Coordination
                                            with populations of less than 50,000.                                                                          with Indian Tribal Governments,
                                            The Coast Guard certifies under 5 U.S.C.                5. Federalism                                          because it does not have a substantial
                                            605(b) that this rule will not have a                      A rule has implications for federalism              direct effect on one or more Indian
                                            significant economic impact on a                        under Executive Order 13132,                           tribes, on the relationship between the
                                            substantial number of small entities.                   Federalism, if it has a substantial direct             Federal Government and Indian tribes,
                                               (1) This rule may affect the following               effect on the States, on the relationship              or on the distribution of power and
                                            entities, some of which may be small                    between the national government and                    responsibilities between the Federal
                                            entities: The owners and operators of                   the States, or on the distribution of                  Government and Indian tribes.
                                            vessels intending to operate in the area                power and responsibilities among the
                                            covered by the safety zone. The rule will                                                                      12. Energy Effects
                                                                                                    various levels of government. We have
                                            not have a significant economic impact                  analyzed this rule under that Order and                  This action is not a ‘‘significant
                                            on a substantial number of small entities               determined that this rule does not have                energy action’’ under Executive Order
                                            because the safety zones will only be in                implications for federalism.                           13211, Actions Concerning Regulations
                                            effect for a limited period of time.                                                                           That Significantly Affect Energy Supply,
                                            Additionally, vessels can still transit                 6. Protest Activities                                  Distribution, or Use.
                                            through the zone with the permission of                    The Coast Guard respects the First                  13. Technical Standards
                                            the Captain of the Port. Before the                     Amendment rights of protesters.
                                            effective period, we will publish                       Protesters are asked to contact the                      This rule does not use technical
                                            advisories in the Local Notice to                       person listed in the FOR FURTHER                       standards. Therefore, we did not
                                            Mariners available to users of the river.               INFORMATION CONTACT section to                         consider the use of voluntary consensus
                                            Maritime traffic will be able to schedule               coordinate protest activities so that your             standards.
                                            their transits around the safety zone.                  message can be received without                        14. Environment
                                               If you think that your business,                     jeopardizing the safety or security of
                                            organization, or governmental                           people, places or vessels.                                We have analyzed this rule under
                                            jurisdiction qualifies as a small entity                                                                       Department of Homeland Security
                                            and that this rule would have a                         7. Unfunded Mandates Reform Act                        Management Directive 023–01 and
                                            significant economic impact on it,                         The Unfunded Mandates Reform Act                    Commandant Instruction M16475.lD,
                                            please submit a comment (see                            of 1995 (2 U.S.C. 1531–1538) requires                  which guide the Coast Guard in
                                            ADDRESSES) explaining why you think it                  Federal agencies to assess the effects of              complying with the National
                                            qualifies and how and to what degree                    their discretionary regulatory actions. In             Environmental Policy Act of 1969
                                            this rule would economically affect it.                 particular, the Act addresses actions                  (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                    that may result in the expenditure by a                have determined that this action is one
                                            3. Assistance for Small Entities                                                                               of a category of actions that do not
                                                                                                    State, local, or tribal government, in the
                                               Under section 213(a) of the Small                    aggregate, or by the private sector of                 individually or cumulatively have a
                                            Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or               significant effect on the human
                                            Fairness Act of 1996 (Public Law 104–                   more in any one year. Though this rule                 environment. This rule involves the
                                            121), we want to assist small entities in               will not result in such expenditure, we                creation of one safety zone during
                                            understanding this rule. If the rule                    do not discuss the effects of this rule                fireworks displays to protect maritime
                                            would affect your small business,                       elsewhere in this preamble.                            public. This rule is categorically
tkelley on DSK3SPTVN1PROD with RULES




                                            organization, or governmental                                                                                  excluded from further review under
                                            jurisdiction and you have questions                     8. Taking of Private Property                          paragraph 34(g) of Figure 2–1 of the
                                            concerning its provisions or options for                   This rule will not cause a taking of                Commandant Instruction. An
                                            compliance, please contact the person                   private property or otherwise have                     environmental analysis checklist
                                            listed in the FOR FURTHER INFORMATION                   taking implications under Executive                    supporting this determination and a
                                            CONTACT, above.                                         Order 12630, Governmental Actions and                  Categorical Exclusion Determination are


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                                                                Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations                                                   35573

                                            available in the docket where indicated                 POSTAL REGULATORY COMMISSION                           MCS changes that were more significant
                                            under ADDRESSES. We seek any                                                                                   than minor corrections to the MCS but
                                            comments or information that may lead                   39 CFR Part 3020                                       did not rise to the level of a product list
                                            to the discovery of a significant                       [Docket No. RM2015–6; Order No. 2543]                  modification. The proposed rules
                                            environmental impact from this rule.                                                                           distinguished between material changes
                                                                                                    Changes or Corrections to Mail                         and minor corrections to the descriptive
                                            List of Subjects in 33 CFR Part 165                                                                            content in the MCS and proposed
                                                                                                    Classification Schedule
                                              Harbors, Marine safety, Navigation                                                                           procedures for the initiation and review
                                            (water), Reporting and recordkeeping                    AGENCY:    Postal Regulatory Commission.               of each type of change. The notice of
                                            requirements, Security measures,                        ACTION:   Final rule.                                  proposed rulemaking was also
                                            Waterways.                                                                                                     published in the Federal Register. 79 FR
                                                                                                    SUMMARY:    The Commission is issuing a                69781 (November 24, 2014).
                                              For the reasons discussed in the                      set of final rules addressing changes and                The Postal Service and the Public
                                            preamble, the Coast Guard is amending                   corrections to the Mail Classification                 Representative submitted initial
                                            33 CFR part 165 as follows:                             Schedule (MCS). The final rules                        comments suggesting changes to the
                                                                                                    establish procedures for material                      rules proposed in Order No. 2250.3 The
                                            PART 165—REGULATED NAVIGATION
                                                                                                    changes in services offered in                         Postal Service also submitted reply
                                            AREAS AND LIMITED ACCESS AREAS
                                                                                                    connection with products and                           comments.4 After consideration of the
                                            ■ 1. The authority citation for part 165                corrections to product descriptions.                   comments submitted, the Commission
                                            continues to read as follows:                           Relative to the proposed rules, all                    adopts the proposed rules, modified as
                                                                                                    changes are minor and non-substantive.                 described below.
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                    DATES: Effective July 22, 2015.
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      III. Section-by-Section Analysis
                                            Department of Homeland Security Delegation              FOR FURTHER INFORMATION CONTACT:
                                            No. 0170.1.                                             David A. Trissell, General Counsel, at                    In general, the Postal Service and
                                                                                                    202–789–6820.                                          Public Representative offered positive
                                            ■ 2. Add § 165.T13–0358 to read as                                                                             comments with respect to the
                                            follows:                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                           Commission’s proposed rules. See, e.g.,
                                                                                                    Regulatory History                                     Postal Service Comments at 1, PR
                                            § 165.T13–0358 Safety Zone; Cathlamet
                                                                                                                                                           Comments at 3. Both commenters also
                                            Bald Eagle Days Firework Display,                       72 FR 63662, November 9, 2007
                                            Cathlamet, WA.                                                                                                 offered suggestions that they assert
                                                                                                    79 FR 69781, November 24, 2014
                                                                                                                                                           would improve or clarify the proposed
                                              (a) Safety Zones. The following area is               Table of Contents                                      rules. The comments primarily focused
                                            a designated safety zone:                                                                                      on two issues: The contents of the
                                              (1) Location. All waters along the                    I. Introduction                                        supporting justification for a material
                                            Columbia River, Cathlamet, WA, within                   II. Background                                         change to a MCS product description
                                            a 500 foot radius at the approximate                    III. Summary of Comments Received and
                                                                                                                                                           and the provisions concerning the
                                            position of 46°12′14″ N; 123°23′17″ W.                        Explanation of Revisions
                                                                                                    IV. Ordering Paragraphs                                Commission’s review of requests to
                                              (2) Enforcement Period. This event                                                                           make either a material change or minor
                                            will be held on July 18, 2015 from 10:00                                                                       correction to the MCS. The
                                                                                                    I. Introduction
                                            p.m. to 11:00 p.m.                                                                                             Commission’s analysis of the comments
                                              (b) Regulations. In accordance with                      In this Order, the Commission adopts                received is discussed below.
                                            the general regulations in 33 CFR part                  final rules regarding requests to change
                                            165, subpart C, no person may enter or                  or correct the Mail Classification                     A. Section 3020.81 (Supporting
                                            remain in the safety zone created in this               Schedule (MCS).                                        Justification for Changes to Product
                                            section or bring, cause to be brought, or                                                                      Descriptions)
                                                                                                    II. Background
                                            allow to remain in the safety zone                                                                                Section 3020.81 of the proposed rules
                                            created in this section any vehicle,                       The Commission is charged with                      lists the supporting justification that
                                            vessel, or object unless authorized by                  maintaining accurate product lists. See                must be filed by the Postal Service when
                                            the Captain of the Port or his designated               39 U.S.C. 3642. In Docket No. RM2007–                  it proposes a material change to a
                                            representative. The Captain of the Port                 1, the Commission promulgated rules                    product description in the MCS. As
                                            may be assisted by other Federal, State,                establishing the MCS as the vehicle for                proposed, paragraph (c) required the
                                            or local agencies with the enforcement                  presenting the product lists with                      Postal Service to describe the impact
                                            of the safety zone.                                     necessary descriptive content.1 Those                  that the proposed material changes will
                                               (c) Authorization. All vessel operators              rules are codified at 39 CFR part 3020,                have on users of the product and on
                                            who desire to enter the safety zone must                subparts A–F.                                          competitors as part of its supporting
                                            obtain permission from the Captain of                      On November 14, 2014, the                           justification for its request to make a
                                            the Port or Designated Representative by                Commission issued a notice of proposed                 material change to a product
                                            contacting either the on-scene patrol                   rulemaking and requested comments on                   description.
                                            craft on VHF Ch 13 or Ch 16 or the                      proposed rules regarding requests to                      The Postal Service comments that the
                                            Coast Guard Sector Columbia River                       change or correct the MCS (specifically,               requirement in proposed section
                                            Command Center via telephone at (503)                   replacing 39 CFR part 3020, subpart E).2               3020.81(c) is more strenuous than the
                                            861–6211.                                               Order No. 2250 described how the                       requirement that currently applies to
                                                                                                    regulations did not satisfactorily address
tkelley on DSK3SPTVN1PROD with RULES




                                              Dated: May 19, 2015.                                                                                           3 Initial Comments of the United States Postal
                                            D.J. Travers,                                             1 Docket No. RM2007–1, Order No. 26, Order           Service, December 24, 2014 (Postal Service
                                            Captain, U.S. Coast Guard, Captain of the               Proposing Regulations to Establish a System of         Comments); Public Representative Comments,
                                            Port, Sector Columbia River.                            Ratemaking, August 15, 2007, at 85.                    December 24, 2014 (PR Comments).
                                                                                                      2 Notice of Proposed Rulemaking on Changes and         4 Reply Comments of the United State Postal
                                            [FR Doc. 2015–15323 Filed 6–19–15; 8:45 am]             Corrections to the Mail Classification Schedule,       Service, January 8, 2015 (Postal Service Reply
                                            BILLING CODE 9110–04–P                                  November 14, 2014 (Order No. 2250).                    Comments).



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Document Created: 2018-02-22 11:13:40
Document Modified: 2018-02-22 11:13:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on July 18, 2015 from 10:00 p.m. to 11:00 p.m.
ContactIf you have questions on this rule, call or email Ken Lawrenson, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 35571 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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