[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Rules and Regulations]
[Pages 32366-32368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13487]


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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 Port 
Portland Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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[[Page 32367]]

SUMMARY: The Coast Guard is establishing permanent safety zones on the 
waters located in their AOR 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 fireworks displays. Entry into these safety zones is prohibited 
unless authorized by the Captain of the Port.

DATES: This rule is effective June 30, 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 (CGD13-03-008) and are available for inspection or 
copying at 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, Operations Department, (503) 240-9370.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 27, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones: Annual fireworks events in the Captain of 
the Port Portland Zone in the Federal Register (68 FR 14933). We did 
not receive any letters commenting on the proposed rule. No public 
hearing was requested, and none was held.

Background and Purpose

    The Coast Guard is 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 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).
    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 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 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 the designated areas at the corresponding times as drafted in 
this 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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,

[[Page 32368]]

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 Categorical Exclusion is provided for 
regulations establishing safety zones. 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 record 
keeping 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:

    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 165.1315 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) Enforcement period. 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) Enforcement period. 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 
degrees 13 minutes 38 seconds North, 119 degrees 08 minutes 52 seconds 
West.
    (ii) Enforcement 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 degrees 23 minutes 45 seconds 
North, 124 degrees 12 minutes 50 seconds West.
    (ii) Enforcement period. 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 degrees 50 minutes 1 second West to 46 degrees 11 minutes 50 
seconds North, thence east to 123 degrees 49 minutes 15 seconds West, 
thence south to the Oregon shoreline and finally westerly along the 
Oregon shoreline to the point of origin.
    (ii) Enforcement period. 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) Enforcement period. One day in early July.
    (7) Oregon Symphony Concert Fireworks Display, Portland, OR
    (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) Enforcement period. 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 degrees 36 minutes 50 seconds 
North, 122 degrees 40 minutes 22 seconds West.
    (ii) Enforcement period. One day in late October.
    (b) Regulations.
    (1) In accordance with Sec.  165.23, entry into these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Portland or his designated representatives. Section 165.23 also 
contains other general requirements. Announcement of enforcement 
periods may be made by the methods described in 33 CFR 165.7, or any 
other reasonable method.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: May 13, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-13487 Filed 5-29-03; 8:45 am]
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