[Federal Register: September 2, 2005 (Volume 70, Number 170)]
[Rules and Regulations]
[Page 52308-52310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se05-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-027]
RIN 1625-AA00
Safety Zones: Fireworks Displays in the Captain of the Port
Portland Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; change of effective period.
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SUMMARY: The Coast Guard is changing the effective periods of the
safety zones on the waters of the Columbia River, located in the Area
of Responsibility (AOR) of the Captain of the Port, Portland, Oregon,
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: The new effective period of rule Sec. 165.T13-009 is from 9:30
p.m. to 11 p.m. on August 27, 2005 and from 9:30 p.m. to 11 p.m. on
September 10, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD13-05-027) and are available for
inspection or copying at the U.S. Coast Guard Sector 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: Petty Officer Charity Keuter, 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 the vicinity of the various
fireworks launching barges and displays. These events were originally
scheduled for dates that the sponsor deemed necessary to change and
gave the Coast Guard short notice of the change and if normal notice
and comment procedures were followed, this rule would not become
effective until after the dates of the events. 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 temporary safety zones to allow for
safe fireworks displays. All events occur within the Captain of the
Port, 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.
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 vessels, personnel and
individual movements in a regulated area surrounding the fireworks
event indicated in section 2 of this Temporary Final Rule. Entry into
these zones is prohibited unless authorized by the Captain of the Port,
Portland or his designated representative. Captain of the Port,
Portland, Oregon, will enforce these safety zones. 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 proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures act of DHS is
unnecessary. This expectation is based on the fact that the regulated
areas established by the proposed regulation will encompass small
portions of the Columbia and Willamette Rivers in the Portland AOR on
different dates, all in the evening when vessel traffic is low.
[[Page 52309]]
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.
This 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 Willamette and Columbia Rivers during the times
mentioned in section 2(a)(1-4) at the conclusion of this rule. 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 ninety minutes during the 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.
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 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 State, local, or tribal government, in the
aggregate, or the private sector of $100,000,000 or more in any one
year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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. 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.
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. This rule establishes safety zones which
have a duration of no more than two hours each. Due to the temporary
safety zones being less than one week in duration, an Environmental
Checklist and Categorical Exclusion is not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 52310]]
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. Amend temporary Sec. 165.T13-009 by revising paragraphs (a)(1)(ii)
and (a)(2)(ii) to read as follows:
Sec. 165.T13-009 Safety Zones: Fireworks displays in the Captain of
the Port Portland Zone.
(a) * * *
(1) * * *
(i) * * *
(ii) Enforcement time and date. 9:30 p.m. to 11 p.m. on August 27,
2005.
(2) * * *
(i) * * *
(ii) Enforcement time and date. 9:30 p.m. to 11 p.m. on September
10, 2005.
* * * * *
Dated: August 23, 2005.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-17473 Filed 9-1-05; 8:45 am]
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