[Federal Register: June 6, 2003 (Volume 68, Number 109)]
[Proposed Rules]               
[Page 33894-33896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn03-25]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-013]
RIN 1625-AA00

 
Safety Zone; Fireworks Display, Columbia River, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a safety zone for an 
annual fireworks display on the waters of the Columbia River in the 
vicinity of Astoria, Oregon. The Captain of the Port, Portland, Oregon, 
is taking this action to safeguard watercraft and their occupants from 
safety hazards associated with the fireworks display. Entry into this 
safety zone is prohibited unless authorized by the Captain of the Port.

DATES: Comments and related material must reach the Coast Guard by July 
7, 2003.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard MSO/Group Portland, 6767 N. Basin Ave, Portland, Oregon 97217. 
U.S. Coast Guard Group/MSO Portland maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at U.S. Coast Guard MSO/Group Portland, 6767 N. 
Basin Ave, Portland, OR 97217 between 7 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Tad 
Drozdowski, at (503) 240-9370.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD13-03-
013), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Group/MSO Portland 
at the address under ADDRESSES explaining why one would be beneficial. 
If we determine that one would aid this rulemaking, we will hold one at 
a time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard is establishing a safety zone regulation to allow a 
safe annual fireworks display. The fireworks will occur annually on the 
second Saturday in August. This event will result in a number of 
vessels congregating near the fireworks launching area. The safety zone 
is needed to provide for the safety of the spectators and their 
watercraft from the inherent safety hazards associated with the 
fireworks display. Without providing an adequate safety zone, the 
public could be exposed to falling burning debris within 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. The Cost Guard plans to publish a 
notice of implementation at least 30 days prior to the event.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
fact that the regulated area established by the rule would encompass 
less than one mile of the Columbia River for a period of only one hour, 
annually.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule

[[Page 33895]]

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 a portion of the Columbia River during the one 
hour fireworks display. This safety zone will not have significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be in effect for only one hour, 
annually, 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 rule 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 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 and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LTJG Tad Drozdowski at (503) 
240-2584.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would not 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because the safety zone would not last 
longer than one week in duration. A draft ``Environmental Analysis 
Check List'' and a draft ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES. Comments on 
this section will be considered before we make the final decision on 
whether the rule should be categorically excluded from further 
environmental review.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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(g), 
6.04-1, 6.04-6 and 160.5; Department of Homeland Security Delegation 
No. 0170.

    2. Section 165.13-1316 is added to read as follows:


Sec.  165.1316  Safety Zone; Columbia River Astoria, Oregon

    (a) Location. All waters of the Columbia River at Astoria, Oregon 
enclosed by the following points: North from the Oregon shoreline at 
123[deg]49'36'' West to 46[deg]11' 51'' North, thence east to 
123[deg]48'53'' West, thence south to the Oregon shoreline and finally 
westerly along the Oregon Shoreline to the point of origin.
    (b) Regulations. In accordance with the general regulations Sec.  
165.23 of this part, no person or vessel may enter or remain in this 
zone unless authorized

[[Page 33896]]

by the Captain of the Port or his designated representatives.
    (c) Enforcement period. This section will be enforced on the second 
Saturday of August from 9:30 p.m. (PDT) to 10:30 p.m. (PDT).

    Dated: May 16, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-14305 Filed 6-5-03; 8:45 am]

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