[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Rules and Regulations]
[Page 32998-33000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD 13-03-017]
RIN 1625-AA00
Safety Zone; Fireworks Display on Siuslaw River, Florence, Oregon
and on Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones on the Siuslaw
River near Florence, Oregon and on the Willamette River near Portland,
Oregon during two fireworks displays. The Captain of the Port,
Portland, is taking this action to safeguard watercraft and their
occupants from safety hazards associated with the fireworks display.
Entry into these safety zones is prohibited unless authorized by the
Captain of the Port.
DATES: This rule is effective on July 4, 2003, from 9:15 p.m. (P.d.t.)
to 10:30 (P.d.t.).
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD 13-03-017) 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: Lieutenant Junior Grade Tad Drozdowski
at (503) 240-9370.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
[[Page 32999]]
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 XXXX, May 30,
2003). An amendment cannot be successfully be made to 33 CFR 165.1315
in time to ensure the safety of vessels and spectators gathering in the
vicinity of these fireworks display. The Coast Guard intends to amend
33 CFR 165.1315 using normal rule-making procedures in the near future
by adding these 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 barges 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 temporary safety zone regulations
to allow for safe fireworks displays. These safety zones will be in
effect from 9:15 p.m. (P.d.t.) to 10 p.m. (P.d.t.) on the Willamette
River and from 9:30 p.m. (P.d.t.) to 10:30 p.m. (P.d.t.) on the Siuslaw
River. These events will result in a large number of vessels
congregating near the fireworks launching area. These safety zones are
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. These
safety zones 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 would be prohibited unless authorized by the Captain of the Port,
Portland or his designated representative. Coast Guard personnel would
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 (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 proposed
regulation will encompass less than one-half of a mile of the
Willamette and Siuslaw Rivers for 75 minutes in the late evening 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 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 Willamette and Siuslaw Rivers between 9:15
p.m. (P.d.t.) and 10:30 p.m. (P.d.t.) on July 4, 2003. 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 75 minutes at night 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 it is deemed
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.
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 could 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 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.
[[Page 33000]]
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.
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. A temporary Sec. 165.T13-009 is added to read as follows:
Sec. 165.T13-009 Safety Zone; Fireworks Display on Siuslaw River,
Florence, OR and on Willamette River, Portland, OR
(a) Oaks Park Celebration.
(1) Location. An area of water 500 feet in diameter on the
Willamette River located around a fireworks launching barge centered at
45[deg]28'22'' North, 122[deg]39'59'' West [NAD 83]. This area is
located between the Sellwood Bridge and Ross Island in Portland, OR.
(2) Enforcement period. July 4, 2003 from 9:15 p.m. (PDT) to 10
p.m. (PDT).
(b) Florence Chamber of Commerce.
(1) Location. An area of water 1000 feet in diameter on the Siuslaw
River located around a fireworks launching barge centered at
43[deg]57'52'' North, 124[deg]6'16'' West [NAD 83].
(2) Enforcement Period. July 4, 2003 from 9:30 p.m. (PDT) to 10:30
p.m. (PDT).
(c) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, this Temporary Final Rule applies to any
vessel or person in the navigable waters of the United States. No
person or vessel my enter the above safety zone unless authorized by
the Captain of the Port or his designated representatives. Vessels and
persons granted authorization to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port or his
designated representative.
Dated: May 27, 2003.
Paul D. Jewell,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 03-13849 Filed 6-2-03; 8:45 am]
BILLING CODE 4910-15-P