[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Rules and Regulations]
[Pages 35968-35970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15274]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0332]
RIN 1625-AA00
Safety Zone; Fireworks Display in Stevenson, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
covering the waters of the Columbia River in the vicinity of Stevenson,
Washington. The safety zone is necessary to help ensure the safety of
the maritime public during the fireworks display and will do so by
prohibiting all persons and vessels from
[[Page 35969]]
entering the safety zone unless authorized by the Captain of the Port
or his designated representative.
DATES: This rule is effective from 8 p.m. until 11 p.m. on July 4,
2010.
DATES: Documents indicated in this preamble as being available in the
docket are part of docket USCG-2010-0332 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0332 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management
Division, Sector Portland, Coast Guard; telephone 503-240-9319, e-mail
[email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is contrary to the public interest
to delay the effective date of this rule. Delaying the effective date
by first publishing an NPRM would be contrary to the safety zone's
intended objective since immediate action is needed to protect person's
and vessels against the hazards associated with fireworks displays on
navigable waters. Such hazards include premature detonations, dangerous
detonations, dangerous projectiles and falling or burning debris.
Additionally, the zone should have negligible impact on vessel transits
due to the fact that vessels will be limited from the area for only
three hours. Accordingly, under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because due to the need for
immediate action, the restriction of vessel traffic is necessary to
protect life, property and the environment; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.
Basis and Purpose
Fireworks displays create a hazardous condition for the maritime
public because of the large number of vessels that congregate near the
displays as well as the noise, falling debris, and explosions that
occur during the event. The establishment of a safety zone around the
display helps to ensure the safety of the maritime public by
prohibiting all persons and vessels from coming too close to the
fireworks display and the associated hazards.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on
specified waters of the Columbia River in the vicinity of Stevenson,
Washington. Specifically, the safety zone would include all waters
within an area whose boundary is defined by connecting the following
points: starting from the shore at 45[deg]41'26.70'' N/
121[deg]53'36.80'' W; thence continuing to 45[deg]41'24.62'' N/
121[deg]53'40.85'' W; thence continuing to 45[deg]41'18.10'' N/
121[deg]53'27.86'' W; thence continuing to 45[deg]41' 25.32'' N/
121[deg]53'19.42'' W; thence continuing to 45[deg] 41'30.32'' N/
121[deg]53'27.14'' W; thence continuing back to the starting point at
45[deg]41'26.70'' N/121[deg]53'36.80'' W. All persons and vessels will
be prohibited from entering the safety zone unless authorized by the
Captain of the Port or his designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. Although this temporary rule restricts
access to the safety zone, the effect of the rule will not be
significant because: (i) The safety zone will only be in effect for
three hours on one day, and (ii) the zone is of a limited size.
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 because the zone will be in effect for only be in effect for
three hours on one day. This rule may affect the following entities
some of which may be small entities: The owners or operators of vessels
wishing to transit or anchor in that portion of the Columbia River
between 8 p.m. and 11 p.m. on July 4, 2010.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 35970]]
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 a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will 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 cause 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are 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.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T13-143 to read as follows:
Sec. 165.T13-143 Safety Zone; Fireworks Display in Stevenson, WA
(a) Location. The following area is a safety zone: all waters
within an area whose boundary is defined by connecting the following
points: starting from the shore at 45[deg]41'26.70'' N/
121[deg]53'36.80'' W; thence continuing to 45[deg]41'24.62'' N/
121[deg]53'40.85'' W; thence continuing to 45[deg]41'18.10'' N/
121[deg]53'27.86'' W; thence continuing to 45[deg]41'25.32'' N/
121[deg]53'19.42'' W; thence continuing to 45[deg]41'30.32'' N/
121[deg]53'27.14'' W; thence continuing back to the starting point at
45[deg]41'26.70'' N/121[deg]53'36.80'' W.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter or remain in
the safety zone created by paragraph (a) of this section without the
permission of the Captain of the Port, Sector Portland or his
designated representative.
(c) Enforcement Period. The safety zone created in paragraph (a) of
this section will be in effect from 8 p.m. until 11 p.m. on July 4,
2010.
Dated: May 14, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-15274 Filed 6-23-10; 8:45 am]
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