[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34872-34874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13834]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0487]
RIN 1625-AA00
Temporary Safety Zone: Arlington Chamber of Commerce Fireworks
Display, Arlington, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
[[Page 34873]]
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Arlington Chamber of Commerce Fireworks Display to be held on the
waters of the Columbia River in the vicinity of Arlington's waterfront
in Arlington, Oregon. The safety zone will restrict vessels from
entering the designated area during the fireworks display. This
temporary rule is needed to provide for the safety of life on navigable
waters during the event.
DATES: This regulation is effective from 8:30 p.m. to 11:30 p.m. on
June 28, 2008, unless canceled earlier through a broadcast notice to
mariners. The Captain of the Port Portland is taking this action to
safeguard individuals and vessels.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0487 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
Coast Guard Sector Portland, 6767 N. Basin Ave., Portland, OR 97217
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: BM2 Joshua Lehner, c/o Captain of the
Port Portland, 6767 N. Basin Ave, Portland, OR 97217-3992, and (503)
240-9311.
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. The emergent and dynamic nature of the event did not
allow previous notice. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators. 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 the normal rulemaking procedures
in this case would be impracticable and contrary to the public.
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 the vicinity of Arlington's waterfront, Arlington, Oregon and is
scheduled to start at 8:30 p.m. and last until 11:30 p.m. on June 28,
2008. This event may result in a number of recreational vessels
congregating near the fireworks display. The firework display poses
several dangers to the public including excessive noise, falling
firework debris and possible explosion. Accordingly, the Safety Zone is
needed to protect watercraft and their occupants from safety hazards
associated with the event. This safety zone will be enforced by
representatives of the Captain of the Port Portland. The Captain of the
Port may be assisted by other federal, state, and local agencies.
Discussion of Rule
This temporary rule will create a safety zone to assist in
minimizing the inherent dangers associated with fireworks display.
These dangers include, but are not limited to, excessive noise, falling
firework debris and possible explosion. The Coast Guard, through this
action, intends to promote the safety of personnel, vessels, and
facilities in the area. Due to these concerns, public safety requires
these regulations to provide for the safety of life on the navigable
waters.
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. The Coast Guard expects the economic
impact of this temporary rule to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary. This expectation is based on the fact that the safety zone
established by this rule encompasses an area on the Columbia River near
Arlington's Waterfront in Arlington, OR rarely frequented by commercial
navigation or public boating. This regulation is established for the
benefit and safety of the recreational boating public, and any negative
recreational boating impact is offset by the benefits of allowing the
fireworks display. This rule will be enforced from 8:30 p.m. to 11:30
p.m. on June 28, 2008. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
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.
The 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 or anchor in a portion of the Columbia River during the time
mentioned under Background and Purpose. This safety zone will not have
a significant economic impact on a substantial number of small entities
due to its short duration and small area. The only vessels likely to be
impacted will be recreational boaters, small passenger vessel operators
and commercial barge operators. Because the impacts of this proposal
are expected to be so minimal, the Coast Guard certifies under 605(b)
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this
temporary 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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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).
[[Page 34874]]
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this 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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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.lD,
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 because it establishes a safety zone. A
final ``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' will be 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, and 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, 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 section in 165.T13-037 is added to read as follows:
165.T13-037 Safety Zone; Arlington Chamber of Commerce Fireworks
Display, Arlington, Oregon.
(a) Location. The following area is a safety zone: The waters of
the Columbia River from surface to bottom, encompassed by lines
connecting the following points: from the southern bank of the Columbia
River to latitude 45[deg]43'29'' N, longitude 120[deg]12'12'' W, thence
to 45[deg]43'31'' N, 120[deg]12'06'' W, thence to the southern
shoreline located at 45[deg]43'26'' N, 120[deg]12'02'' W in the
vicinity of Arlington's waterfront on the Columbia River in Arlington,
Oregon at river mile 243.
(b) Enforcement period. This rule will be in effect from 8:30 p.m.
to approximately 11:30 p.m. on June 28, 2008 in the described waters of
the Columbia River in Arlington, Oregon.
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, no person or vessel not participating in
the actual fireworks display may enter or remain in this zone unless
authorized by the Captain of the Port or his designated
representatives. Vessels and persons granted authorization to enter the
safety zone shall obey all lawful orders or directions of the Captain
of the Port or his designated representatives.
(d) Vessels wishing to request permission to enter the safety zone
may contact the official patrol on VHF Channel 16 or by calling 503-
240-9311.
Dated: June 6, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E8-13834 Filed 6-18-08; 8:45 am]
BILLING CODE 4910-15-P