[Federal Register: May 21, 2004 (Volume 69, Number 99)]
[Rules and Regulations]
[Page 29230-29232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my04-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-04-020]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port,
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones on the waters of
the Columbia River and the Willamette River, 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 displays. Entry into these safety zones is prohibited unless
authorized by the Captain of the Port.
DATES: This regulation is effective from 9:45 p.m. on July 10, 2004,
until 9:45 p.m. on September 2, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
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 Ryan Wagner,
c/o Captain of the Port, Portland 6767 N. Basin Avenue, Portland,
Oregon 97217, (503) 240-2584.
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) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM and incorporating these events into
33 CFR 165.13-1315 would be contrary to public interest since the dates
for these three events will not always fall on the same day in future
years. In addition, immediate action is necessary to ensure the safety
of vessels and spectators gathering in the vicinity of the various
fireworks launching barges and displays.
Background and Purpose
The Coast Guard is establishing temporary safety zones to allow for
safe fireworks displays. All events occur within the Captain of the
Port's, Portland, OR, Area of Responsibility (AOR). These events may
result in a number of vessels congregating near fireworks launching
barges and sites. The safety zones are needed to protect watercraft and
their occupants from safety hazards associated with fireworks displays.
These safety zones will be enforced by representatives of the Captain
of the Port, Portland, Oregon.
[[Page 29231]]
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 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 Homeland Security (DHS). This
expectation is based on the fact that the regulated areas established
by the regulation will encompass small portions of rivers in the
Portland AOR on different dates, all in the evening when vessel traffic
is low.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
includes 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.
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 River during the times mentioned under
Background and Purpose. 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 only 1 hour during
three evenings 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 et seq.) 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 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
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. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
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.
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 rule
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion is provided for
temporary safety zones of less than one week in duration.
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, 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. Temporarily add section 165.T13-002 to read as follows:
Sec. 165.T13-002 Safety Zones for fireworks events in the Captain of
the Port Portland Zone.
(a) Safety Zones. The following areas are designated safety zones:
(1) Rainier Days Fireworks Celebration, Rainier, OR
(i) Location. All water of the Columbia River enclosed by the
following points: 46[deg]06'04'' N, 122[deg]56'35'' W following the
shoreline to 46[deg]05'53'' N 122[deg]55'58'' W then south to
46[deg]05'24'' N 122[deg]55'58'' W following the shoreline to
46[deg]05'38'' N 122[deg]56'35'' W then back to the point of origin.
[[Page 29232]]
(ii) Enforcement period. 9:45 p.m. (P.d.t.) to 10:45 p.m. (P.d.t.)
on July 10, 2004.
(2) Astoria Regatta Fireworks Show, Astoria, OR
(i) Location. All water of the Columbia River enclosed by the
following points: 46[deg]11'51'' N 123[deg]49'46'' W east to
46[deg]11'52'' N 123[deg]49'03'' W south to 46[deg]11'27'' N
123[deg]49'03'' W following the shoreline to 46[deg]11'26'' N
123[deg]49'46'' W then back to the point of origin.
(ii) Enforcement period. 9:45 p.m. (P.d.t.) to 10:45 p.m. (P.d.t.)
on August 14, 2004.
(3) 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. 8:45 p.m. (P.d.t.) to 9:45 p.m. on
September 2, 2004.
(b) Regulations. In accordance with the general regulations in
Section 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.
Dated: April 27, 2004.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 04-11392 Filed 5-20-04; 8:45 am]
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