[Federal Register: July 17, 2003 (Volume 68, Number 137)]
[Rules and Regulations]
[Page 42289-42290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy03-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-013]
RIN 1625-AA00 (Formerly RIN 2115-AA97)
Safety Zone; Fireworks Display, Columbia River, Astoria, OR
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 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: This rule is effective July 17, 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 [CGD13-03-013] 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 June 6, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Fireworks Display, Columbia River,
Astoria, Oregon in the Federal Register (68 FR 109). 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
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 regulation will encompass less than one mile of the Columbia River
for a period of only one hour at night, annually, when vessel traffic
is low.
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 the public interest. Due to the complex
planning and coordination of the event in 2003, the event sponsor was
unable to provide the Coast Guard with notice of details of this year's
event in time to allow for notice and comment and a 30-day waiting
period prior to the effective date after publication. Since 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.
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 Columbia River from 9:30 p.m. to 10:30 p.m. on the
second Saturday in August, annually. 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 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 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
[[Page 42290]]
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--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. 1126, 1231; 46 U.S.C. chapter 701; 50
U.S.C. 191, 195; 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. Section 165.1316 is added to read as follows:
Sec. 165.1316 Safety Zone; Columbia River, Astoria, Oregon.
(a) Location. The following area is a safety zone: 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 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 normally be enforced on
the second Saturday of August from 9:30 p.m. (PDT) to 10:30 p.m. (PDT).
Announcement of enforcement periods may be made by the methods
described in 33 CFR 165.7, or any other reasonable method.
Dated: July 8, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-18119 Filed 7-16-03; 8:45 am]
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