[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Rules and Regulations]
[Pages 39445-39447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19069]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-01-021]
RIN 2115-AA97


Safety Zone; Fireworks Display, Columbia River, Astoria, Oregon

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 Astoria, Oregon from 9 p.m. to 11 
p.m. (PDT) on August 12, 2001. The Captain of the Port, Portland, 
Oregon, is taking this action to safeguard watercraft and their 
occupants from safety hazards associated with the fireworks display. 
Entry into the safety zone, which encompasses all waters of the 
Columbia River at Astoria, Oregon within a 500 yard radius of the 11th 
street dock, will be prohibited unless authorized by the Captain of the 
Port.

DATES: This regulation is effective from 9 p.m. to 11 p.m. (PDT) on 
August 12, 2001.

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 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: Chief Warrant Officer Bob Coster, 
(503) 240-9324.

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 area. Due to uncertainties related to planning, the event 
sponsor, the Astoria 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. Although this has not been an annual event, the 
location of this fireworks display is a locally accepted standard and 
safety zones have been adopted at this site as recently as July 4, 2001 
with no negative public comment.

[[Page 39446]]

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 August 12, 2001. This event will result in 
a number of vessels congregating near the fireworks launching area. The 
safety zone is needed to provide for the safety of spectators and their 
watercraft from the inherent safety hazards associated with the 
fireworks display. Without providing for an adequate safety zone, the 
public could be exposed to falling burning debris or stray within blast 
range should a catastrophic accident occur on the launching barge. 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 this rule under that 
Order. This rule 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 two 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'' 
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 from 9 p.m. to 11 p.m. on August 12, 
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 2 hours in the 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).

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.

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 proposed 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.

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 two 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:


[[Page 39447]]


    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.T13-011 is added to read as follows:


Sec. 165.T13-011  Safety Zone; Columbia River Astoria, Oregon.

    (a) Location. The following area is a safety zone: All waters of 
the Columbia River at Astoria, Oregon within a 500 yard radius of the 
11th street dock, position 46 degrees 11.45 minutes north latitude, 123 
degrees 49.88 minutes west longitude [Datum NAD 1983].
    (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 dates. This regulation is effective on August 12, 
2001 from 9 p.m. to 11 p.m. (PDT).

    Dated: July 23, 2001.
James D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-19069 Filed 7-30-01; 8:45 am]
BILLING CODE 4910-15-P