[Federal Register: January 3, 2005 (Volume 70, Number 1)]
[Rules and Regulations]
[Page 20-22]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja05-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-04-044]
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 a temporary safety zone on the
waters of the Columbia River during a New Year's fireworks display. The
Captain of the Port, Portland, Oregon, is taking this action to
safeguard watercraft and their occupants from safety hazards associated
with this display. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port.
DATES: This rule is effective from 11:30 p.m. (p.s.t.) on December 31,
2004, to 12:30 a.m. (p.s.t.) on January 1, 2005.
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 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) Belen
Audirsch, c/o Captain of the Port, Portland 6767 N. Basin Avenue,
Portland, Oregon 97217, (503) 240-9301.
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 would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators gathering in
[[Page 21]]
the vicinity of the fireworks fallout areas. If normal notice and
comment procedures were followed, this rule would not become effective
until after the date of the event. For this reason, following normal
rulemaking procedures in this case would be impracticable and contrary
to the public interest.
Background and Purpose
The Coast Guard is establishing a temporary safety zone to allow
for a safe fireworks display. This event occurs on the Columbia River
in Cascade Locks, OR, and is scheduled to start at midnight and last
approximately 15 minutes. This event may result in a number of vessels
congregating near the fireworks launching and fallout sites. The safety
zone is needed to protect watercraft and their occupants from safety
hazards associated with fireworks displays. Captain of the Port,
Portland, Oregon, will enforce this temporary safety zone. The Captain
of the Port may be assisted by other federal and local agencies.
Discussion of Rule
This rule, for safety concerns, will control vessels, personnel and
individual movements in a regulated area surrounding the fireworks
event indicated in section 2 of this Temporary Final Rule. Entry into
this zone is prohibited unless authorized by the Captain of the Port,
Portland or his designated representative. Captain of the Port,
Portland, Oregon, 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 this rule under that Order. This rule 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 act of DHS is unnecessary. This
expectation is based on the fact that the regulated area established by
the regulation will encompass a small portion of the Columbia River in
the Captain of the Port, Portland, Oregon AOR 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''
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.
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 during the times and dates mentioned
under 2(c) of this Temporary Final Rule. 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 no more than one
hour during one 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 et seq.) that this temporary 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 (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 temporary 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.
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Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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--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. A temporary Sec. 165.T13-019 is added to read as follows:
Sec. 165.T13-019 Temporary Safety Zone; Port of Cascade Locks
Fireworks Display, Columbia River, Cascade Locks, Oregon.
(a) Location. The following area is a safety zone: the navigable
waters of the Columbia River in the vicinity of Port Marine Park in
Cascade Locks, Oregon, bounded by a 400' radius from the fallout area
centered on land at point 45[deg]39'56'' N, 121[deg]53' 47'' W.
(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.
(c) Effective dates. This regulation is effective from 11:30 p.m.
(PST) on December 31, 2004, to 12:30 a.m. (PST) on January 1, 2005.
Dated: December 17, 2004.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 04-28552 Filed 12-30-04; 8:45 am]
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