[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 32998-33000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13849]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD 13-03-017]
RIN 1625-AA00


Safety Zone; Fireworks Display on Siuslaw River, Florence, Oregon 
and on Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing safety zones on the Siuslaw 
River near Florence, Oregon and on the Willamette River near Portland, 
Oregon during two fireworks displays. The Captain of the Port, 
Portland, is taking this action to safeguard watercraft and their 
occupants from safety hazards associated with the fireworks display. 
Entry into these safety zones is prohibited unless authorized by the 
Captain of the Port.

DATES: This rule is effective on July 4, 2003, from 9:15 p.m. (P.d.t.) 
to 10:30 (P.d.t.).

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD 13-03-017) 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 
at (503) 240-9370.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this

[[Page 32999]]

regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. A final rule, which 
established safety zones around fireworks displays for the Captain of 
the Port Portland area of responsibility, was recently published in the 
Federal Register (CGD13-03-008, 33 CFR 165.1315, 68 FR XXXX, May 30, 
2003). An amendment cannot be successfully be made to 33 CFR 165.1315 
in time to ensure the safety of vessels and spectators gathering in the 
vicinity of these fireworks display. The Coast Guard intends to amend 
33 CFR 165.1315 using normal rule-making procedures in the near future 
by adding these safety zone to that regulation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting 30 days for this rule to 
be effective is contrary to public interest. Due to the complex 
planning and coordination of the event, the event sponsor was unable to 
provide the Coast Guard with notice of details of the event in time to 
allow for notice and comment and a 30-day waiting period prior to the 
effective date after publication. Because immediate action is necessary 
to ensure the safety of vessels and spectators gathered in the vicinity 
of the fireworks launching barges it is in the public interest to make 
the rule effective less than 30 days after publication in the Federal 
Register.

Background and Purpose

    The Coast Guard is establishing temporary safety zone regulations 
to allow for safe fireworks displays. These safety zones will be in 
effect from 9:15 p.m. (P.d.t.) to 10 p.m. (P.d.t.) on the Willamette 
River and from 9:30 p.m. (P.d.t.) to 10:30 p.m. (P.d.t.) on the Siuslaw 
River. These events will result in a large number of vessels 
congregating near the fireworks launching area. These safety zones are 
needed to provide for the safety of spectators and their watercraft 
from the inherent safety hazards associated with fireworks displays. 
Without providing an adequate safety zone, the public could be exposed 
to falling burning debris and would likely be within the blast range 
should a catastrophic accident occur on the launching barge. These 
safety zones 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.

Discussion of Rule

    This rule, for safety concerns, will control vessel movements in a 
regulated area surrounding a 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 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. This expectation is 
based on the fact that the regulated area established by the proposed 
regulation will encompass less than one-half of a mile of the 
Willamette and Siuslaw Rivers for 75 minutes in the late evening 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 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 Willamette and Siuslaw Rivers between 9:15 
p.m. (P.d.t.) and 10:30 p.m. (P.d.t.) on July 4, 2003. 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 75 minutes at night 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 it is deemed 
safe to do so. Because the impacts of this rule 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 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 want 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.
    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.

[[Page 33000]]

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.

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. A temporary Sec.  165.T13-009 is added to read as follows:


Sec.  165.T13-009  Safety Zone; Fireworks Display on Siuslaw River, 
Florence, OR and on Willamette River, Portland, OR

    (a) Oaks Park Celebration.
    (1) Location. An area of water 500 feet in diameter on the 
Willamette River located around a fireworks launching barge centered at 
45[deg]28'22'' North, 122[deg]39'59'' West [NAD 83]. This area is 
located between the Sellwood Bridge and Ross Island in Portland, OR.
    (2) Enforcement period. July 4, 2003 from 9:15 p.m. (PDT) to 10 
p.m. (PDT).
    (b) Florence Chamber of Commerce.
    (1) Location. An area of water 1000 feet in diameter on the Siuslaw 
River located around a fireworks launching barge centered at 
43[deg]57'52'' North, 124[deg]6'16'' West [NAD 83].
    (2) Enforcement Period. July 4, 2003 from 9:30 p.m. (PDT) to 10:30 
p.m. (PDT).
    (c) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, this Temporary Final Rule applies to any 
vessel or person in the navigable waters of the United States. No 
person or vessel my enter the above safety zone unless authorized by 
the Captain of the Port or his designated representatives. Vessels and 
persons granted authorization to enter the safety zone shall obey all 
lawful orders or directions of the Captain of the Port or his 
designated representative.

    Dated: May 27, 2003.
Paul D. Jewell,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 03-13849 Filed 6-2-03; 8:45 am]
BILLING CODE 4910-15-P