[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Rules and Regulations]               
[Page 58604-58606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-9]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-028]
RIN 2115-AA00

 
Safety Zone: Fort Vancouver Celebrate America Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the Columbia 
River during a fireworks display. The Captain of the Port, Portland, is 
taking this action to safeguard watercraft and their occupants from 
safety hazards associated with the

[[Page 58605]]

fireworks display. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port.

DATES: This rule is effective from 8:30 p.m. (PDT) to 9:30 p.m. (PDT) 
on October 12, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD 13-03-028] and are available for 
inspection or copying at the U.S. Coast Guard MSO/Group Portland, 6767 
N. Basin Ave, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Ryan Wagner, c/o Captain of the 
Port Portland, 6767 N. Basin Ave, Portland, OR 97217 at 503-240-9370.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. A Final Rule, which 
established safety zones around fireworks displays for the Captain of 
the Port Portland area of responsibility, was recently published in the 
Federal Register (CGD13-03-008, 33 CFR 165.1315, 68 FR 32366, May 30, 
2003). An amendment cannot successfully be made to 33 CFR 165.1315 in 
time to ensure the safety of vessels and spectators gathering in the 
vicinity of this fireworks display. The Coast Guard intends to amend 33 
CFR 165.1315 using normal rule-making procedures in the near future by 
adding this safety zone to that regulation.
    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. Waiting 30 days for this rule to 
be effective is contrary to public interest. Due to the complex 
planning and coordination of the event, the event sponsor was unable to 
provide the Coast Guard with notice of details of the event in time to 
allow for notice and comment and a 30-day waiting period prior to the 
effective date after publication. Because immediate action is necessary 
to ensure the safety of vessels and spectators gathered in the vicinity 
of the fireworks launching barge it is in the public interest to make 
the rule effective less than 30 days after publication in the Federal 
Register.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone regulation 
to allow for a safe fireworks display. This safety zone will be in 
effect from 8:30 p.m. (PDT) to 9:30 p.m. (PDT) on October 12, 2003 
located on the Columbia River. This event will result in a large number 
of vessels congregating near the fireworks launching area. This safety 
zone is needed to provide for the safety of spectators and their 
watercraft from the inherent safety hazards associated with fireworks 
displays. Without providing an adequate safety zone, the public could 
be exposed to falling burning debris and would likely be within the 
blast range should a catastrophic accident occur on the launching 
barge. This safety zone will be enforced by representatives of the 
Captain of the Port, Portland, Oregon. The Captain of the Port may be 
assisted by other federal and local agencies.

Discussion of Rule

    This rule, for safety concerns, will control vessel movements in a 
regulated area surrounding a fireworks launching barge. Entry into this 
zone is prohibited unless authorized by the Captain of the Port, 
Portland or his designated representative. Coast Guard personnel will 
enforce this safety zone. The Captain of the Port may be assisted by 
other federal and local agencies.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security. The Coast Guard expects the economic impact of this rule to 
be so minimal that a full regulatory evaluation under the regulatory 
policies and procedures of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
include 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 
would 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 
intending to transit the designated area at the corresponding time as 
drafted in this rule. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be in effect for one hour in the 
evening when vessel traffic is low. Traffic will be allowed to pass 
through the zone with the permission of the Captain of the Port or his 
designated representatives on scene, if safe to do so. Because the 
impacts of this proposal are expected to be so minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601-612) that this final rule will not have a significant 
economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will 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 section. Small businesses may send comments 
on the actions of Federal employees who enforce or otherwise determine 
compliance with Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

[[Page 58606]]

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 regulatory 
actions not specifically required by law. 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. Although this 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has concluded that under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation. A final ``Environmental 
Analysis Checklist'' and a final ``Categorical Exclusion 
Determination'' is available in the docket we have 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; 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. A temporary Sec.  165.T13-018 is added to read as follows:


Sec.  165.T13-018  Safety Zone: Fort Vancouver Celebrate America 
Fireworks Display, Portland, OR.

    (a) The following area is a safety zone:
    (1) Description. Fort Vancouver Celebrate America Fireworks 
Display, Portland, OR.
    (2) Location. All waters of the Columbia River bounded by a line 
commencing at the southern base of the Interstate 5 highway bridge at 
latitude 45[deg] 36' 51.1'' N, longitude 122[deg] 40' 38.2'' W; thence 
north along the Interstate 5 highway bridge to latitude 45[deg] 37' 3'' 
N, longitude 122[deg] 40' 31'' W; thence east along the Columbia River 
to latitude 45[deg] 36' 54.5'' N, longitude 122[deg] 40' 2'' W; thence 
south to the Oregon shoreline at latitude 45[deg] 36' 40.7'' N, 
longitude 122[deg] 40' 12.7'' W; thence west along the Oregon shoreline 
to the point of origin.
    (b) Enforcement period. October 12, 2003 from 8:30 p.m. (PDT) to 
9:30 p.m. (PDT).
    (c) Regulations. In accordance with Sec.  165.23, entry into these 
zones is prohibited unless authorized by the Coast Guard Captain of the 
Port, Portland or his designated representatives. Section 165.23 also 
contains other general requirements. Announcement of enforcement 
periods may be made by the methods described in 33 CFR 165.7, or any 
other reasonable method.
    (d) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: September 17, 2003.
Paul D. Jewell,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 03-25681 Filed 10-9-03; 8:45 am]

BILLING CODE 4910-15-P