[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Rules and Regulations]
[Pages 42289-42290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18119]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-013]
RIN 1625-AA00 (Formerly RIN 2115-AA97)


Safety Zone; Fireworks Display, Columbia River, Astoria, OR

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 Astoria, Oregon. 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 July 17, 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 [CGD13-03-013] 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 June 6, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Fireworks Display, Columbia River, 
Astoria, Oregon in the Federal Register (68 FR 109). 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 
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 regulation will encompass less than one mile of the Columbia River 
for a period of only one hour at night, annually, when vessel traffic 
is low.
    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 the public interest. Due to the complex 
planning and coordination of the event in 2003, the event sponsor was 
unable to provide the Coast Guard with notice of details of this year's 
event in time to allow for notice and comment and a 30-day waiting 
period prior to the effective date after publication. Since immediate 
action is necessary to ensure the safety of vessels and spectators 
gathered in the vicinity of the fireworks launching barge, it is in the 
public interest to make the rule effective less than 30 days after 
publication in the Federal Register.

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 Columbia River from 9:30 p.m. to 10:30 p.m. on the 
second Saturday in August, annually. 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 
hour 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 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 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

[[Page 42290]]

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--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. 1126, 1231; 46 U.S.C. chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Section 165.1316 is added to read as follows:


Sec.  165.1316  Safety Zone; Columbia River, Astoria, Oregon.

    (a) Location. The following area is a safety zone: All waters of 
the Columbia River at Astoria, Oregon enclosed by the following points: 
North from the Oregon shoreline at 123[deg]49'36'' West to 
46[deg]11'51'' North thence east to 123[deg]48'53'' West thence south 
to the Oregon shoreline and finally westerly along the Oregon 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 normally be enforced on 
the second Saturday of August from 9:30 p.m. (PDT) to 10:30 p.m. (PDT). 
Announcement of enforcement periods may be made by the methods 
described in 33 CFR 165.7, or any other reasonable method.

    Dated: July 8, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-18119 Filed 7-16-03; 8:45 am]
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