[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Rules and Regulations]
[Page 68159-68161]
[DOCID:fr23de09-12]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1096]
RIN 1625-AA00

Safety Zones: Fireworks Displays in the Captain of the Port,
Portland Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing several safety zones in the
Captain of the Port Portland, Oregon zone for annual fireworks displays
that take place around the 4th of July each year. The safety zones are
necessary to help ensure the safety of the maritime public during the
events and will do so by prohibiting all persons and vessels from
entering the safety zones unless authorized by the Captain of the Port
Portland, Oregon or his/her designated representatives.

DATES: This rule is effective January 22, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1096 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-1096 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, 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 e-mail MST1 Jaime Sayers, Coast Guard Sector Portland;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 24, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zones: Fireworks Displays in the Captain of
the Port Portland Zone'' in the Federal Register (74 FR 12292). We
received no comments on the proposed rule. No public meeting was
requested and none was held.

Background and Purpose

    Fireworks displays create hazardous conditions for the maritime
public as a result of the large number of vessels that congregate near
the displays as well as the noise, falling debris, and explosions that
occur during the events. The safety zones established by this rule will
help to ensure the safety of the maritime public by prohibiting all
persons and vessels from coming too close to the fireworks displays and
their associated hazards.

Discussion of Comments and Changes

    No comments on this rule were received and no changes to the rule
were made.

Regulatory Analyses

    We developed this 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 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 finding
because the rule will have little, if any, economic impact since the
safety zones it establishes will only be in effect for several hours
during one day each year and will not significantly impede maritime
traffic transiting the areas where they are located.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 will affect the following entities, some of which
may be small entities: The owners or operators of vessels wishing to
transit one of the safety zones established by this rule. The rule will
not have a significant economic impact on a substantial number of small
entities, however, because the safety zones established are only to be
in effect for several hours during one day each year and will not
significantly impede maritime traffic transiting the areas where they
are located.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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.

Collection of Information

    This rule calls 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 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 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.

Taking of Private Property

    This rule will not effect 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 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 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.

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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of safety zones. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
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:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Amend Sec.  165.1315 to add paragraphs (a)(15) through (24) and
revise paragraphs (b) and (c) to read as follows:

Sec.  165.1315  Safety Zones: Fireworks Displays in the Captain of the
Port Portland Zone.

    (a) * * *
    (15) Arlington Chamber of Commerce Fireworks Display, Arlington,
OR:
    (i) Location. All waters of the Columbia River encompassed by lines
connecting the following points in the vicinity of Arlington, Oregon:
from the southern shore of the Columbia River at 45[deg]43'23'' N
120[deg]12'11'' W, thence to 45[deg]43'29'' N 120[deg]12'12'' W, thence
to 45[deg]43'31'' N 120[deg]12'06'' W, thence to the southern shore of
the Columbia River at 45[deg]43'26'' N 120[deg] 12'12'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during
the last week of June or the first week of July each year.
    (16) East County 4th of July Fireworks, Gresham, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500
foot radius around position 45[deg]33'33'' N 122[deg]27'03'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during
the first week of July each year.
    (17) Port of Cascade Locks July 5th Fireworks Display, Cascade
Locks, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500
foot radius around position 45[deg]40'16'' N 121[deg]53'38'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during
the first week of July each year.
    (18) Astoria Regatta Association Fireworks Display, Astoria, OR:
    (i) Location. All waters of the Columbia River encompassed by lines
connecting the following points in the vicinity of Astoria, Oregon:
from the southern shore of the Columbia River at 46[deg]22'34'' N
123[deg]48'33'' W, thence to 46[deg]11'52'' N 123[deg]48'35'' W, thence
to 46[deg]11'52'' N 123[deg]48'19'' W, thence to the southern shore of
the Columbia River at 46[deg]11'39'' N 123[deg] 48'13'' W.
    (ii) Enforcement Period. This safety zone is in effect from
approximately 11:30 p.m. one day during the second weekend of August
each year.
    (19) City of Washougal July 4th Fireworks Display, Washougal WA:
    (i) Location. All waters of the Columbia River encompassed by lines
connecting the following points in the vicinity of Washougal,
Washington: from the northern shore of the Columbia River at
45[deg]33'50'' N 122[deg]20'16'' W, thence to 45[deg]33'42'' N
122[deg]02'29'' W, thence to 45[deg]33'53'' N 122[deg]20'39'' W, thence
to the northern shore of the Columbia River at 45[deg]35'04'' N
122[deg]20'53'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the
first week of July each year.
    (20) City of St. Helens 4th of July Fireworks Display, St. Helens,
OR:
    (i) Location. All waters of the Columbia River encompassed in a
1200 foot radius around position 45[deg]51'51'' N 122[deg]47'22'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the
first week of July each year.
    (21) Waverly Country Club 4th of July Fireworks Display, Milwaukie,
OR:
    (i) Location. All waters of the Willamette River encompassed by
lines connecting the following points in the vicinity of Milwaukie,
Oregon: from 45[deg]27'10'' N 122[deg]29'35'' W, thence to
45[deg]27'12'' N 122[deg]39'25'' W, thence to 45[deg]26'56'' N
122[deg]39'15'' W, thence to 45[deg]26'52'' N 122[deg]39'25'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the
first week of July each year.
    (22) Booming Bay Fireworks, Westport, WA:
    (i) Location. All waters of Grays Harbor encompassed in a 600 foot
radius around position 46[deg]54'14'' N 124[deg]06'08'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. one day during the
last week of June or the first week of July each year.
    (23) Hood River 4th of July, Hood River, OR:
    (i) Location. All waters of the Columbia River encompassed in a
1000 foot radius around position 45[deg]42'58'' N 121[deg] 30''31'' W.
    (ii) Enforcement Period. This safety zone is in effect from 8:30
p.m. to approximately 11:30 p.m. one day during the last week of June
or the first week of July each year.
    (24) Rufus 4th of July Fireworks, Rufus, OR:
    (i) Location. All waters of the Columbia River encompassed in a 500
foot radius around position 45[deg]41'30'' N 120[deg]45'47'' W.
    (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. for one day during
the last week of June or the first week of July each year.
    (b) Regulations. In accordance with Sec.  165.23 of this part, no
person may enter or remain in these safety zones unless authorized by
the Captain of the Port, Portland or his/her designated representative.
Also in accordance with Sec.  165.23 of this part, no person may bring
into, cause to be brought into, or allow to remain in these safety
zones any vehicle, vessel, or object unless authorized by the Captain
of the Port, Portland or his/her designated representative.
    (c) Notice. In accordance with Sec.  165.7 of this part,
notification of the specific period of enforcement for each of these
safety zones may be made by marine broadcast, local notice to mariners,
local news media, distribution in leaflet form, on-scene oral notices,
and/or publication in the Federal Register.

    Dated: June 22, 2009.
F.G. Mye,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E9-30491 Filed 12-22-09; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8336-8337]
[FR Doc No: 2015-03205]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-1020]

Guidance on Maritime Cybersecurity Standards

AGENCY: Coast Guard, DHS.

ACTION: Notice; extension of comment period.

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SUMMARY: The Coast Guard is extending the comment period on the notice
with request for comments titled, ``Guidance on Maritime Cybersecurity
Standards,'' published on December 18, 2014. We are extending the
comment period at the request of several industry participants to
ensure stakeholders have adequate time to submit complete responses.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 15,
2015, or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-1020 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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 notice,
call or email LT Josephine Long, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or LCDR Joshua Rose, Coast Guard; 202-
372-1106, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Ms. Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to submit comments and related materials on the
questions we posed in the notice with request for comments, published
on December 18, 2014 (79 FR 75574). All comments received will be
posted, without change, to http://www.regulations.gov, and will include
any personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2014-1020) and provide a reason for each suggestion or
recommendation. You may submit your comments and material online, or by
fax, mail or hand delivery, but please use only one of these means. 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,
use ``USCG-2014-1020'' as your search term, and follow the instructions
on that Web site for submitting comments. 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 your 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 this proposed rule based on your comments.
    If you submit comments, do not send materials that include trade
secrets, confidential, commercial, or financial information; or
Sensitive Security Information to the public docket. Please submit such
comments separately from other comments on the notice. Comments
containing this type of information should be appropriately marked as
containing such information and submitted by mail to the Coast Guard
point of contact listed in the FOR FURTHER INFORMATION CONTACT section.
    Upon receipt of such comments, the Coast Guard will not place the
comments in the public docket and will handle them in accordance with
applicable safeguards and restrictions on access. The Coast Guard will
hold them in a separate file to which the public does not have access,
and place a note in the public docket that the Coast Guard has received
such materials from the commenter. If the Coast Guard receives a
request to examine or copy this information, we will treat it as any
other request under the Freedom of Information Act (5 U.S.C. 552).

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this notice as
being available in the docket, go to http://www.regulations.gov, use
``USCG-2014-1020'' as your search term, and follow the instructions on
that Web site for viewing documents in the public docket for this
notice. If you do not have access to the Internet, you may view the
docket online by visiting 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.

C. Privacy Act

    Anyone can search the electronic form of all 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).

II. Background

    On December 18, 2014, the Coast Guard published a notice with
request for comments titled, ``Guidance on Maritime Cybersecurity
Standards'' (79 FR 75574). In the notice, the Coast Guard announced
that it is developing policy to help vessel and facility operators
identify and address cyber-related vulnerabilities that could
contribute to a Transportation Security Incident.\1\ The notice sought
public input from the maritime industry and other interested parties on
how to identify and mitigate potential vulnerabilities to cyber-
dependent systems. Additionally, the Coast Guard hosted a public
meeting on January 15, 2015 in Washington, DC, to provide an
opportunity for the public to comment on the development of security
assessment methods that might assist vessel and facility owners and
operators identify and address cybersecurity vulnerabilities. The Coast
Guard intends to consider the public comments from the meeting and in
response to the notice in developing relevant guidance, which may
include standards, guidelines, and best practices to protect maritime
critical infrastructure.
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    \1\ A Transportation Security Incident is defined in 33 CFR
101.105 to mean ``a security incident resulting in a significant
loss of life, environmental damage, transportation system
disruption, or economic disruption in a particular area.
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III. Reason for the Extension

    On December 18, 2014, the Coast Guard published a notice with
request for comments titled, ``Guidance on Maritime Cybersecurity
Standards'' (79 FR 75574). The comment period for the notice was set to
expire on February 17, 2015. On January 15, 2015, the Coast Guard
hosted a public meeting in Washington, DC on maritime cybersecurity.
Several industry participants have contacted the Coast Guard personnel
identified in the notice and at the public meeting to request more time
to respond to the notice. Accordingly, the Coast Guard is extending the
public comment period until April 15, 2015, to ensure that all
stakeholders have adequate time to review and fully respond to the
questions posed in the December 18, 2014 notice. We encourage all
interested members of the public to send comments in response to the
notice.
    This notice of extension is issued under the authority of 5 U.S.C.
552(a).

    Dated: February 10, 2015.
Andrew Tucci,
Chief, Office of Port & Facility Compliance, U.S. Coast Guard.
[FR Doc. 2015-03205 Filed 2-13-15; 8:45 am]
BILLING CODE 9110-04-P