[Federal Register: February 14, 2003 (Volume 68, Number 31)]
[Proposed Rules]
[Page 7471-7472]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe03-28]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-03-001]
RIN 2115-AA97
Safety Zone; Fort Vancouver Fireworks Display, Columbia River,
Vancouver, WA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is establishing a permanent safety zone on the
waters of the Columbia River in the vicinity of Vancouver, Washington.
The Captain of the Port, Portland, Oregon, is taking this action to
safeguard watercraft and their occupants from safety hazards associated
with an annual July 4th fireworks display. Entry into this safety zone
is prohibited unless authorized by the Captain of the Port.
DATES: Comments and related material must reach the Coast Guard on or
before April 15, 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 the U.S. Coast Guard Marine Safety Office/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, c/o Captain of the Port, Portland 6767 N. Basin Avenue,
Portland, Oregon 97217, at (503) 240-2584.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD13-03-
001), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to U.S. Coast Guard Marine Safety
Office/Group Portland at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The Coast Guard is establishing a permanent safety zone on the
waters of the Columbia River in the vicinity of Vancouver, Washington
to allow an annual July 4th fireworks display to occur in a safe
environment. 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 Proposed Rule
This rule, for safety concerns, would control vessel movements in a
regulated area surrounding the 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 proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 this
rule under that Order. This rule is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures act of DOT 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.
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 proposed
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 a portion of the Columbia River from 9:30 p.m. to
11 p.m. on July 4th. 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
[[Page 7472]]
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.
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
Executive Order 13132 and have determined that this final rule does not
have implications for federalism under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. 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 proposed 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 does not concern 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the order.
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 considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph (34)(g)
of Commandant Instruction M16475.1C, this rule is categorically
excluded from further environmental documentation. A Categorical
Exclusion is provided for regulations establishing safety zones. A
``Categorical Exclusion Determination'' is 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.
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
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; 49 CFR 1.46.
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[min]16.5[sec] N, longitude 122[deg]40[min]22.5[sec]
W; thence south along the Interstate 5 highway bridge to Hayden Island,
Oregon at latitude 45[deg]36[min]51.5[sec] N, longitude
122[deg]40[min]39[sec] W; thence east along Hayden Island to latitude
45[deg]36[min]36[sec] N, longitude 122[deg]39[min]48[sec] 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[min]1.5[sec] N, longitude 122[deg]39[min]29[sec] W; thence
west along the 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 of the Port or his
designated representatives.
(c) 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: February 4, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-3605 Filed 2-13-03; 8:45 am]
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