[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Rules and Regulations]
[Pages 15053-15055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7386]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-004]
RIN 1625 AA00


Safety Zones; Fireworks Displays in the Captain of the Port 
Portland Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing safety zones on the Willamette 
River 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: This rule is effective from 9:30 p.m. (PDT) on May 2, 2003 to 
10:20 p.m. (PDT) on May 30, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD13-03-004] and are available for 
inspection or copying at the U.S. Coast Guard MSO/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: 

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 various 
fireworks launching barges and displays. If normal notice and comment 
procedures were followed, this rule would not become effective until 
after the dates of the events. For this reason, following normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public interest. Permanent safety zones for these events are 
being submitted through the normal rulemaking process for 2004.

Background and Purpose

    The Coast Guard is adopting temporary safety zone regulations for 
safe fireworks displays. One display is scheduled to start at 9:30 p.m. 
on May 2 and last for thirty minutes. The other event is scheduled to 
start at 9:50 p.m. on May 30 and also last for thirty minutes. Both 
events occur on the Willamette River in Portland, Oregon.

[[Page 15054]]

These events may result in a number of vessels congregating near 
fireworks launching barges. The safety zones are needed to protect 
watercraft and their occupants from safety hazards associated with 
fireworks displays. 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.

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 Homeland Security. The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under the regulatory policies and procedures act 
of DHS is unnecessary. This expectation is based on the fact that the 
regulated areas established by the proposed regulation will encompass 
less than one-half of a mile of the Willamette River for a period of 
only 30 minutes in the late evening on two separate dates.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this temporary 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) 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. 
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 Willamette River during the times mentioned under 
Background and Purpose. 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 only thirty minutes 
during two evenings 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.

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. 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 
that order and have determined that this final rule does not have 
implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the 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 create 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. 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 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 Determination is 
provided for temporary safety zones of less than one week in duration. 
This rule establishes safety zones with a duration of thirty minutes. A 
Categorical Exclusion Determination is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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

0
1. The authority citation for part 165 continues to read as follows:


[[Page 15055]]


    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.

0
2. A temporary Sec.  165.T13-003 is added to read as follows:


Sec.  165.T13-003  Safety Zones; Fireworks displays 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. All waters of the Willamette River bounded by the 
Morrison Bridge to the north, Hawthorne Bridge to the south, and 
shoreline both to the east and the west.
    (ii) Enforcemnet period. From 9:30 p.m. to 10 p.m. (PDT) on May 2, 
2003.
    (2) Portland Rose Festival Fireworks Display, Portland, OR.
    (i) Location. All waters of the Willamette River bounded by the 
Morrison Bridge to the north, Hawthorne Bridge to the south, and 
shoreline both to the east and the west.
    (ii) Enforcement period. From 9:50 p.m. to 10:20 p.m. (PDT) on May 
30, 2003.
    (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. 03-7386 Filed 3-27-03; 8:45 am]
BILLING CODE 4910-15-U