[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Rules and Regulations]
[Pages 48783-48784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18916]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-02-011]
RIN 2115-AA97


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

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 on August 10, 2002. 
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 this safety zone is prohibited 
unless authorized by the Captain of the Port.

DATES: This rule is effective from 9 p.m. (PDT) to 11 p.m. (PDT) on 
August 10, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket (CGD 13-02-011), are available for inspection or copying at 
the U.S. Coast Guard MSO/Group, 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 Junior Grade Jeff Pile, at 
(503) 240-2585.

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), 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. 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 with no negative public comment.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow a 
safe fireworks display. The fireworks display is scheduled to start at 
10 p.m. (PDT) on August 10, 2002. 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 and local agencies.

Discussion of Rule

    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. The safety zone will encompass all waters 
of the Columbia River at Astoria, Oregon within a 500-yard radius of 
the fireworks barge that will be in the vicinity of Green Buoy ``37'' 
that is in approximate position 46 deg.11'46" north latitude, 
123 deg.50'01" west longitude [NAD 83]. Entry into this safety zone is 
prohibited unless authorized by the Captain of the Port.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 rule 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 rule 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. 601-612), 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 9:00 p.m. (PDT) to 11:00 p.m. 
(PDT) on August 10, 2002. This rule 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 two hours in the evening 
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. Because the impacts of this 
rule 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. 601-612) that 
this 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 (Public Law 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

[[Page 48784]]

listed in the FOR FURTHER INFORMATION CONTACT section.

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, Federalism, 
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 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:

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


    2. A temporary Sec. 165.T13-008 is added to read as follows:


Sec. 165.T13-008  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 
fireworks barge that will be in the vicinity of Green Buoy ``37'' that 
is in approximate position 46 deg.11'46" north latitude, 123 deg.50'01" 
west longitude [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 dates. This regulation is effective on August 10, 
2002 from 9 p.m. (PDT) to 11 p.m. (PDT).

    Dated: July 10, 2002.
James D. Spitzer,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 02-18916 Filed 7-25-02; 8:45 am]
BILLING CODE 4910-15-P