[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Rules and Regulations]
[Page 58604-58606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-028]
RIN 2115-AA00
Safety Zone: Fort Vancouver Celebrate America Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Columbia
River during a fireworks display. The Captain of the Port, Portland, is
taking this action to safeguard watercraft and their occupants from
safety hazards associated with the
[[Page 58605]]
fireworks display. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port.
DATES: This rule is effective from 8:30 p.m. (PDT) to 9:30 p.m. (PDT)
on October 12, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD 13-03-028] 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: LTJG Ryan Wagner, c/o Captain of the
Port Portland, 6767 N. Basin Ave, Portland, OR 97217 at 503-240-9370.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
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 32366, May 30,
2003). An amendment cannot successfully be made to 33 CFR 165.1315 in
time to ensure the safety of vessels and spectators gathering in the
vicinity of this fireworks display. The Coast Guard intends to amend 33
CFR 165.1315 using normal rule-making procedures in the near future by
adding this 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 barge 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 a temporary safety zone regulation
to allow for a safe fireworks display. This safety zone will be in
effect from 8:30 p.m. (PDT) to 9:30 p.m. (PDT) on October 12, 2003
located on the Columbia River. This event will result in a large number
of vessels congregating near the fireworks launching area. This safety
zone is 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. 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.
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 is prohibited unless authorized by the Captain of the Port,
Portland or his designated representative. Coast Guard personnel will
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. 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
include 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
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 the designated area at the corresponding time as
drafted in this rule. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be in effect for 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 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity 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 the rule so that they can 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 requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 58606]]
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 regulatory
actions not specifically required by law. 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. Although this 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 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 would not create an
environmental risk to health or risk to safety that might
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 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard has considered the environmental impact of this
action and has concluded that under figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation. A final ``Environmental
Analysis Checklist'' and a final ``Categorical Exclusion
Determination'' is available in the docket we have 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 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. A temporary Sec. 165.T13-018 is added to read as follows:
Sec. 165.T13-018 Safety Zone: Fort Vancouver Celebrate America
Fireworks Display, Portland, OR.
(a) The following area is a safety zone:
(1) Description. Fort Vancouver Celebrate America Fireworks
Display, Portland, OR.
(2) Location. All waters of the Columbia River bounded by a line
commencing at the southern base of the Interstate 5 highway bridge at
latitude 45[deg] 36' 51.1'' N, longitude 122[deg] 40' 38.2'' W; thence
north along the Interstate 5 highway bridge to latitude 45[deg] 37' 3''
N, longitude 122[deg] 40' 31'' W; thence east along the Columbia River
to latitude 45[deg] 36' 54.5'' N, longitude 122[deg] 40' 2'' W; thence
south to the Oregon shoreline at latitude 45[deg] 36' 40.7'' N,
longitude 122[deg] 40' 12.7'' W; thence west along the Oregon shoreline
to the point of origin.
(b) Enforcement period. October 12, 2003 from 8:30 p.m. (PDT) to
9:30 p.m. (PDT).
(c) Regulations. 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.
(d) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
Dated: September 17, 2003.
Paul D. Jewell,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 03-25681 Filed 10-9-03; 8:45 am]
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