[Federal Register: May 30, 2003 (Volume 68, Number 104)]
[Rules and Regulations]
[Page 32366-32368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-008]
RIN 1625-AA00
Safety Zones: Annual Fireworks Events in the Captain of Port
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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[[Page 32367]]
SUMMARY: The Coast Guard is establishing permanent safety zones on the
waters located in their AOR during fireworks displays. The Captain of
the Port, Portland, Oregon, is taking this action to safeguard
watercraft and their occupants from safety hazards associated with
these fireworks displays. Entry into these safety zones is prohibited
unless authorized by the Captain of the Port.
DATES: This rule is effective June 30, 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 (CGD13-03-008) and are available for inspection or
copying at 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: Lieutenant Junior Grade Tad
Drozdowski, Operations Department, (503) 240-9370.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 27, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones: Annual fireworks events in the Captain of
the Port Portland Zone in the Federal Register (68 FR 14933). We did
not receive any letters commenting on the proposed rule. No public
hearing was requested, and none was held.
Background and Purpose
The Coast Guard is establishing permanent safety zones to allow for
safe fireworks displays. These events may result in a number of vessels
congregating near fireworks launching barges. Safety zones are needed
to protect watercraft and their occupants from safety hazards
associated with fireworks displays.
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).
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.
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 intending to
transit the designated areas at the corresponding times as drafted in
this rule. These safety zones will not have significant economic impact
on a substantial number of small entities for the following reasons.
This rule will be in effect for particular dates, all in the evening
when vessel traffic is low. Traffic will be allowed to pass through the
zones 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 (Public Law 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,
[[Page 32368]]
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 Categorical Exclusion is provided for
regulations establishing safety zones. 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 record
keeping 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. 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 165.1315 is added to read as follows:
Sec. 165.1315 Safety Zones: Annual fireworks events in the Captain of
the Port Portland Zone.
(a) Safety Zones. The following areas are designated safety zones:
(1) Cinco de Mayo Fireworks Display, Portland, OR:
(i) Location. Waters on the Willamette River bounded by the
Morrison Bridge to the north, Hawthorne Bridge to the south, and the
shoreline to the east and west.
(ii) Enforcement period. One day in early May.
(2) Portland Rose Festival Fireworks Display, Portland, OR:
(i) Location. Waters on the Willamette River bounded by the
Morrison Bridge to the north, Hawthorne Bridge to the south, and the
shoreline to the east and west.
(ii) Enforcement period. One day in late May or early June.
(3) Tri-City Chamber of Commerce Fireworks Display, Columbia Park,
Kennewick, WA:
(i) Location. Waters on the Columbia River bounded by shoreline to
the north and south, Interstate 395 bridge to the east, and 1000 feet
of water to the west of the launching barge which is centered at 46
degrees 13 minutes 38 seconds North, 119 degrees 08 minutes 52 seconds
West.
(ii) Enforcement date. Every July 4th.
(4) Cedco Inc. Fireworks Display, North Bend, OR
(i) Location. Waters on the Coos River bounded by shoreline to the
east and west and 1000 feet of water to the north and south of the
launching barge which is centered at 43 degrees 23 minutes 45 seconds
North, 124 degrees 12 minutes 50 seconds West.
(ii) Enforcement period. One day in early July.
(5) Astoria 4th of July Fireworks, Astoria, OR
(i) Location. All waters of the Columbia River at Astoria, Oregon
enclosed by the following points: North from the Oregon shoreline at
123 degrees 50 minutes 1 second West to 46 degrees 11 minutes 50
seconds North, thence east to 123 degrees 49 minutes 15 seconds West,
thence south to the Oregon shoreline and finally westerly along the
Oregon shoreline to the point of origin.
(ii) Enforcement period. One day in early July.
(6) Oregon Food Bank Blues Festival Fireworks, Portland, OR
(i) Location. Waters on the Willamette River bounded by the
Hawthorne Bridge to the north, Marquam Bridge to the south, and
shoreline to the east and west.
(ii) Enforcement period. One day in early July.
(7) Oregon Symphony Concert Fireworks Display, Portland, OR
(i) Location. All waters of the Willamette River bounded by the
Hawthorne Bridge to the north, Marquam Bridge to the south, and
shoreline to the east and west.
(ii) Enforcement period. One day in late August.
(8) Fort Vancouver Celebrate America Fireworks Display, Vancouver,
WA
(i) Location. All waters of the Columbia River bounded by 1000 feet
of water to the north, shoreline to the south, Interstate Five Bridge
to the west and 1000 feet of water to the east of the fireworks
launching barge which is centered at 45 degrees 36 minutes 50 seconds
North, 122 degrees 40 minutes 22 seconds West.
(ii) Enforcement period. One day in late October.
(b) Regulations.
(1) 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.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
Dated: May 13, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-13487 Filed 5-29-03; 8:45 am]
BILLING CODE 4910-15-P