[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31609-31611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13236]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-001]
RIN 1625-AA00 (Formerly RIN 2115-AA97)


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
the Columbia River in the vicinity of Vancouver, Washington that will 
be enforced every July 4. 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 June 27, 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 USCG 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, Operations Department, at (503) 240-9370.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 14, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone Regulation; Fort Vancouver Fireworks 
Display, Columbia River, Washington in the Federal Register (68 FR 
7471). We received no letters commenting on the proposed rule. No 
public hearing was requested, and none was held.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow a 
safe fireworks display. 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 Comments and Changes

    No comments were received from the public regarding this proposed 
rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 (DHS). 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 of DHS 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 at night when 
vessel traffic is low.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not

[[Page 31610]]

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 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 Columbia River from 9:30 p.m. to 11 p.m. every July 4. 
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 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.

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. Request 
for comments and assistance was published in the notice of proposed 
rulemaking for this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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 it 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 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 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 analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--[AMENDED]

0
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; Department of Homeland Security Delegation 
No. 0170.


0
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''16.5' N, longitude 122[deg]40''22.5'' W; thence 
south along the Interstate 5 highway bridge to Hayden Island, Oregon at 
latitude 45[deg]36''51.5' N, longitude 122[deg]40''39' W; thence east 
along Hayden Island to latitude 45[deg]36''36' N, longitude 
122[deg]39''48' 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''1.5' N, longitude 
122[deg]39''29' W; thence west along the

[[Page 31611]]

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 or the Port or his 
designated representatives.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) 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: May 13, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-13236 Filed 5-27-03; 8:45 am]
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