[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Rules and Regulations]
[Pages 34369-34370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16318]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-01-012]
RIN 2115-AA97


Safety Zone; Fireworks Display, Columbia River, Vancouver, 
Washington

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
Columbia River in the vicinity of Vancouver, Washington from 6 p.m. to 
11 p.m. (PDT) on July 4, 2001 to safeguard watercraft and their 
occupants from safety hazards associated with a fireworks display.

DATES: This regulation is effective from 6 p.m. (PDT) to 11 p.m. (PDT) 
on July 4, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will be available for inspection or copying at the U.S. Coast Guard 
Group/MSO 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 Commander William Clark, c/
o Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon 
97217, (503) 240-9317.

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 fireworks 
launching barge. Due to the complex planning and coordination, the 
event sponsor, the Fort Vancouver Fireworks Committee, was unable to 
provide the Coast Guard with notice of the final details until less 
than 30 days prior to the date of the event. 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 promulgating a temporary safety zone regulation 
to allow a safe fireworks display. The fireworks display is scheduled 
to start at 10 p.m. (PDT) on July 4, 2001. This event may result in a 
number of vessels congregating near the fireworks launching barge. The 
zone is needed to protect watercraft and their occupants from safety 
hazards associated with fireworks display. 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 
agencies 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 it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979). 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 DOT is unnecessary. This 
expectation is based on the fact that the regulated area established by 
the proposed regulation would encompass less than one mile of the 
Columbia for a period of only five hours.

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 Columbia River from 6 p.m. to 11 p.m. on July 4, 2001. 
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 for only 5 hours in the

[[Page 34370]]

evening when vessel traffic is low. The safety zone will not apply to 
the entire width of the river, and traffic will be allowed to pass 
through the zone with the permission of the Coast Guard patrol 
commander. Because the impacts of this proposal 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 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 offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

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).

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.

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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C, 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. This rule 
establishes a safety zone with a duration of five hours.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T13-006 is added to read as follows:


Sec. 165.T13-006  Safety Zone; Columbia River Vancouver, Washington.

    (a) Location. The following area is a safety zone: all waters of 
the Columbia River at Vancouver, Washington bounded by a line 
commencing at the northern base of the Interstate 5 highway bridge at 
latitude 45 degrees 37 minutes 17 seconds N, longitude 122 degrees 40 
minutes 22 seconds W; thence south along the Interstate 5 highway 
bridge to latitude 45 degrees 37 minutes 03 seconds N, longitude 122 
degrees 40 minutes 32 seconds W; thence east to latitude 45 degrees 36 
minutes 28 seconds N, longitude 122 degrees 38 minutes 35 seconds W; 
thence to Ryan's Point at latitude 45 degrees 36 minutes 42 seconds N, 
longitude 122 degrees 38 minutes 35 seconds W; thence along the 
Washington shoreline to the point of origin. (Datum NAD 83).
    (b) Regulations. In accordance with the general regulations in 
Sec. 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 date. This regulation is effective on July 4, 2001 
from 6 p.m. (PDT) to 11 p.m. (PDT).

    Dated: June 15, 2001.
James D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-16318 Filed 6-27-01; 8:45 am]
BILLING CODE 4910-15-P