[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Rules and Regulations]
[Pages 33384-33386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14014]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD 13-03-016]
RIN 1625-AA00


Safety Zone; Fireworks Display on the Willamette River, 
Milwaukie, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone during a 
fireworks display in the vicinity of Willamette River mile 19 in 
Milwaukie, Oregon. The Captain of the Port, Portland, is taking this 
action to safeguard watercraft and their occupants from safety hazards 
associated with this fireworks display. Entry into this safety zone is 
prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective on July 26, 2003 from 9:30 p.m. (PDT) to 
10:30 p.m. (PDT).

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD 13-03-016] 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 
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 13487, May 30, 
2003). An amendment cannot successfully be made to 33 CFR Sec.  
165.1315 in time to ensure the safety of vessels and spectators 
gathering in the vicinity of this fireworks display.

[[Page 33385]]

The Coast Guard intends to amend 33 CFR Sec.  165.1315 using normal 
rule-making procedures in the near future by adding this safety zone to 
that regulation.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone regulation 
to allow for a safe fireworks display. It is scheduled to start on July 
26, 2003 at 9:30 p.m. (PDT) and last until 10:30 p.m. (PDT). This event 
will result in a large number of vessels congregating near the 
fireworks launching area. This safety zone is 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. 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.

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 River for one hour 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 River between 9:30 p.m. (PDT) and 
10:30 p.m. (PDT) on July 4, 2003. 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 one hour 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 (Public Law 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.

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

[[Page 33386]]

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--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. A temporary Sec.  165.T13-010 is added to read as follows:


Sec.  165.T13-010  Safety Zone; Fireworks Display on the Willamette 
River, Milwaukie, OR.

    (a) Location. An area of water 600 feet in diameter located around 
a fireworks launching barge centered at 45[deg]26'33'' North, 
122[deg]38'45'' West [NAD 83]. This area is in the vicinity of 
Willamette River mile 19, Milwaukie, OR.
    (b) Enforcement period. July 26, 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 may 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, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-14014 Filed 6-3-03; 8:45 am]
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