[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Proposed Rules]
[Pages 14933-14935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7300]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 59 / Thursday, March 27, 2003 / 
Proposed Rules  

[[Page 14933]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-008]
RIN 1625-AA00


Safety Zones; Annual Fireworks Events in the Captain of the Port 
Portland Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing permanent safety zones 
on the waters located in their Area of Responsibility during fireworks 
displays. The Captain of the Port, Portland, Oregon, is taking this 
action to safeguard watercraft and their occupants from safety hazards 
associated with these displays. Entry into these safety zones is 
prohibited unless authorized by the Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before May 27, 2003.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office/Group Portland, 6767 N. Basin Ave., 
Portland, Oregon 97217. U.S. Coast Guard Marine Safety Office/Group 
Portland maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at U.S. 
Coast Guard Marine Safety Office/Group Portland between 7 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Tad 
Drozdowski, Operations Department, at (503) 240-9370.

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-
008), 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 proposes establishing permanent safety zones to 
allow for safe fireworks displays. These events may result in a number 
of vessels congregating near fireworks launching barges. Safety zones 
are needed to protect watercraft and their occupants from safety 
hazards associated with fireworks displays.

Discussion of Proposed Rule

    This rule, for safety concerns, would control vessel movements in 
regulated areas surrounding fireworks launching barges. Entry into 
these zones would be prohibited unless authorized by the Captain of the 
Port, Portland or his designated representative. Coast Guard personnel 
would enforce these safety zones. 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. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.

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 the designated areas at the corresponding times as 
drafted in this proposed rule. These safety zones will not have 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for particular 
dates, all in the evening when vessel traffic is low. Traffic will be 
allowed to pass through the zones 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 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.

[[Page 14934]]

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 this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 proposed 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. 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.

Environment

    We have 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 record 
keeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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 165.1315 is added to read as follows:


Sec.  165.1315  Safety Zones; Annual fireworks events in the Captain of 
the Port Portland Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Cinco de Mayo Fireworks Display, Portland, OR.
    (i) Location. Waters on the Willamette River bounded by the 
Morrison Bridge to the north, Hawthorne Bridge to the south, and the 
shoreline to the east and west.
    (ii) Expected date. One day in early May.
    (2) Portland Rose Festival Fireworks Display, Portland, OR.
    (i) Location. Waters on the Willamette River bounded by the 
Morrison Bridge to the north, Hawthorne Bridge to the south, and the 
shoreline to the east and west.
    (ii) Expected date. One day in late May or early June.
    (3) Tri-City Chamber of Commerce Fireworks Display, Columbia Park, 
Kennewick, WA.
    (i) Location. Waters on the Columbia River bounded by shoreline to 
the north and south, Interstate 395 bridge to the east, and 1000 feet 
of water to the west of the launching barge which is centered at 46-
13.380' N, 119-08.520' W.
    (ii) Expected date. Every July 4th.
    (4) Cedco Inc. Fireworks Display, North Bend, OR.
    (i) Location. Waters on the Coos River bounded by shoreline to the 
east and west and 1000 feet of water to the north and south of the 
launching barge which is centered at 43-23.450' N, 124-12.500' W.
    (ii) Expected date. One day in early July.
    (5) Astoria 4th of July Fireworks, Astoria, OR.
    (i) Location. All waters of the Columbia River at Astoria, Oregon 
enclosed by the following points: North from the Oregon shoreline at 
123-50.015' W to 46-11.505' N, thence east to 123-49.150' W, thence 
south to the Oregon shoreline and finally westerly along the Oregon 
shoreline to the point of origin.
    (ii) Expected date. One day in early July.
    (6) Oregon Food Bank Blues Festival Fireworks, Portland, OR.
    (i) Location. Waters on the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.
    (ii) Expected date. One day in early July.
    (7) Oregon Symphony Concert Fireworks Display, Portland, OR.

[[Page 14935]]

    (i) Location. All waters of the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.
    (ii) Expected date. One day in late August.
    (8) Fort Vancouver Celebrate America Fireworks Display, Vancouver, 
WA.
    (i) Location. All waters of the Columbia River bounded by 1000 feet 
of water to the north, shoreline to the south, Interstate Five Bridge 
to the west and 1000 feet of water to the east of the fireworks 
launching barge which is centered at 45-36.500' N, 122-40.220' W.
    (ii) Expected date. One day in late October.
    (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.

    Dated: March 13, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-7300 Filed 3-26-03; 8:45 am]
BILLING CODE 4910-15-P