[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Proposed Rules]
[Pages 7471-7472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3605]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-03-001]
RIN 2115-AA97


Safety Zone; Fort Vancouver Fireworks Display, Columbia River, 
Vancouver, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is establishing a permanent safety zone on the 
waters of the Columbia River in the vicinity of Vancouver, Washington. 
The Captain of the Port, Portland, Oregon, is taking this action to 
safeguard watercraft and their occupants from safety hazards associated 
with an annual July 4th fireworks display. Entry into this safety zone 
is prohibited unless authorized by the Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before April 15, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD13-03-001 and are available for inspection or 
copying at the U.S. Coast Guard Marine Safety Office/Group 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 Junior Grade Tad 
Drozdowski, c/o Captain of the Port, Portland 6767 N. Basin Avenue, 
Portland, Oregon 97217, at (503) 240-2584.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD13-03-
001), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Marine Safety 
Office/Group Portland at the address under ADDRESSES explaining why one 
would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The Coast Guard is establishing a permanent safety zone on the 
waters of the Columbia River in the vicinity of Vancouver, Washington 
to allow an annual July 4th fireworks display to occur in a safe 
environment. This event may result in a number of vessels congregating 
near the fireworks launching barge. The safety zone is needed to 
protect watercraft and their occupants from safety hazards associated 
with the fireworks display.

Discussion of Proposed Rule

    This rule, for safety concerns, would control vessel movements in a 
regulated area surrounding the fireworks launching barge. Entry into 
this zone would be prohibited unless authorized by the Captain of the 
Port, Portland or his designated representative. Coast Guard personnel 
would enforce this safety zone. The Captain of the Port may be assisted 
by other Federal and local agencies.

Regulatory Evaluation

    This proposed 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 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 proposed regulation 
will encompass less than one mile of the Columbia River for a period of 
only one and a half 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would 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 a portion of the Columbia River from 9:30 p.m. to 
11 p.m. on July 4th. 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 one and a half 
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 proposal are expected to be so minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b) of

[[Page 7472]]

the Regulatory Flexibility Act (5 U.S.C. 601-612) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity that this rule would have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 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

    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 
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. 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 or more in any one 
year. Though this proposed rule would 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 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the order.

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 
proposed 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 regulations establishing safety zones. A 
``Categorical Exclusion Determination'' is 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.

    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

    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. Section 165.1314 is added to read as follows:


Sec.  165.1314  Safety Zone; Fort Vancouver Fireworks Display, 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[deg]37[min]16.5[sec] N, longitude 122[deg]40[min]22.5[sec] 
W; thence south along the Interstate 5 highway bridge to Hayden Island, 
Oregon at latitude 45[deg]36[min]51.5[sec] N, longitude 
122[deg]40[min]39[sec] W; thence east along Hayden Island to latitude 
45[deg]36[min]36[sec] N, longitude 122[deg]39[min]48[sec] W (not to 
include Hayden Bay); thence north across the river thru the preferred 
channel buoy, RG Fl(2+1)R 6s, to the Washington shoreline at latitude 
45[deg]37[min]1.5[sec] N, longitude 122[deg]39[min]29[sec] W; thence 
west along the Washington shoreline to the point of origin.
    (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) Enforcement period. This section will be enforced every July 4, 
from 9:30 p.m. (P.d.t.) to 11 p.m. (P.d.t.).

    Dated: February 4, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-3605 Filed 2-13-03; 8:45 am]
BILLING CODE 4910-15-P