[Federal Register: May 28, 2003 (Volume 68, Number 102)]
[Rules and Regulations]
[Page 31609-31611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my03-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-001]
RIN 1625-AA00 (Formerly RIN 2115-AA97)
Safety Zone Regulation; Fort Vancouver Fireworks Display,
Columbia River, Vancouver, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the waters of
the Columbia River in the vicinity of Vancouver, Washington that will
be enforced every July 4. 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: This rule is effective from June 27, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD13-03-001) and are available for inspection or
copying at USCG 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: Lieutenant Junior Grade Tad
Drozdowski, Operations Department, at (503) 240-9370.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 14, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone Regulation; Fort Vancouver Fireworks
Display, Columbia River, Washington in the Federal Register (68 FR
7471). We received no letters commenting on the proposed rule. No
public hearing was requested, and none was held.
Background and Purpose
The Coast Guard is establishing a temporary safety zone to allow a
safe fireworks display. This event may result in a number of vessels
congregating near the fireworks launching barge. The safety zone is
needed to protect watercraft and their occupants from safety hazards
associated with the fireworks display.
Discussion of Comments and Changes
No comments were received from the public regarding this proposed
rule.
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 (DHS). The Coast Guard expects the economic impact of this
proposal 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 proposed regulation will encompass less than one mile of the
Columbia River for a period of only one and a half hours at night when
vessel traffic is low.
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
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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 intending to transit
a portion of the Columbia River from 9:30 p.m. to 11 p.m. every July 4.
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 and a half hours 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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. Request
for comments and assistance was published in the notice of proposed
rulemaking for this rule.
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 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.
Environment
We have analyzed this 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. A final ``Environmental Analysis Check List'' and a
final ``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--[AMENDED]
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(g),
6.04-1, 6.04-6 and 160.5; Department of Homeland Security Delegation
No. 0170.
0
2. Section 165.1314 is added to read as follows:
Sec. 165.1314 Safety Zone; Fort Vancouver Fireworks Display, Columbia
River, Vancouver, Washington.
(a) Location. The following area is a safety zone: All waters of
the Columbia River at Vancouver, Washington bounded by a line
commencing at the northern base of the Interstate 5 highway bridge at
latitude 45[deg]37''16.5' N, longitude 122[deg]40''22.5'' W; thence
south along the Interstate 5 highway bridge to Hayden Island, Oregon at
latitude 45[deg]36''51.5' N, longitude 122[deg]40''39' W; thence east
along Hayden Island to latitude 45[deg]36''36' N, longitude
122[deg]39''48' W (not to include Hayden Bay); thence north across the
river thru the preferred channel buoy, RG Fl(2+1)R 6s, to the
Washington shoreline at latitude 45[deg]37''1.5' N, longitude
122[deg]39''29' W; thence west along the
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Washington shoreline to the point of origin.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain or the Port or his
designated representatives.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
(d) Enforcement period. This section will be enforced every July 4,
from 9:30 p.m. (P.D.T.) to 11 p.m. (P.D.T.).
Dated: May 13, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-13236 Filed 5-27-03; 8:45 am]
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