[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Proposed Rules]
[Pages 26531-26533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10813]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-04-016]
RIN 1625 AA00


Safety Zones: Fireworks displays in the Captain of the Port 
Portland Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 displays. Entry into these safety zones would be prohibited 
unless authorized by the Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before June 14, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
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 Ryan Wagner, 
c/o Captain of the Port, Portland 6767 N. Basin Avenue, Portland, 
Oregon 97217, (503) 240-2584.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD13-04-
016], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Puget Sound at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard proposes to establish permanent safety zones to 
allow for safe fireworks displays. These events may result in a number 
of vessels congregating near fireworks launching barges and sites. 
Safety zones are needed to protect watercraft and their occupants from 
safety hazards associated with fireworks displays.

Discussion of Proposed Rule

    This rule, for safety concerns, would control vessel movements in 
regulated areas surrounding fireworks launching barges and sites. Entry 
into these zones would be prohibited unless authorized by the Captain 
of the Port, Portland, or his designated representative. Coast Guard 
personnel would enforce these safety zones. The Captain of the Port may 
be assisted by other federal state and local agencies.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 this 
proposed rule under that Order. This proposed rule is not 
``significant'' under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040; February 26, 1979). 
The Coast Guard expects the economic impact of this proposal to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures act of DOT is unnecessary. This 
expectation is based on the fact that the regulated areas established 
by the proposed regulation will encompass small portions of rivers in 
the Portland AOR on different dates, all in the evening when vessel 
traffic is low.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' include 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. This proposed rule would 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 during the 
enforcement periods These safety zones would not have significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule would be in effect for only thirty minutes 
during two evenings when vessel traffic is low. Traffic would 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 et seq.) that this rule would not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental

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jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

Collection of Information

    This proposed 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 proposed 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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph (34)(g) 
of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion is provided for temporary safety zones of less than one week 
in duration. This rule establishes safety zones with a duration of 
thirty minutes.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
RecordKeeping Requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 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.


Sec.  165.1315  [Amended]

    2. In Sec.  165.1315, add (a)(9) to (a)(19) to read as follows:
    (a) * * *

(9) City of Milwaukie Celebration Fireworks Display, Milwaukie, OR:

    (i) Location. All water of the Willamette River enclosed by the 
following points: 45[deg]26'41'' N, 122[deg]38'46'' W following the 
shoreline to 45[deg]26'17'' N 122[deg]38'36'' W then west to 
45[deg]26'17'' N 122[deg]38'55'' W following the shoreline to 
45[deg]26'36'' N 122[deg]38'50'' W then back to the point of origin.
    (ii) Enforcement period. Annually on the third Saturday of July.

(10) Gladstone Celebration Fireworks Display, Gladstone, OR:

    (i) Location. All water of the Willamette River on Meldrum Bar 
south of Rivergreen Golf Course enclosed by the following points: 
45[deg]22'29'' N, 122[deg]36'42'' W following the shoreline to 
45[deg]22'23'' N, 122[deg]36'23'' W then west to 45[deg]22'14'' N 
122[deg]36'26'' W following the shoreline to 45[deg]22'24'' N 
122[deg]36'44'' W then back to the point of origin.
    (ii) Enforcement period. Annually on July 4.

(11) Oaks Park July 4th Celebration, Portland, OR

    (i) Location. All water of the Willamette River enclosed by the 
following points enclosed by the following points: 45[deg]28'26'' N 
122[deg]39'43'' W following the shoreline to 45[deg]28'10'' N 
122[deg]39'54'' W then west to 45[deg]28'41'' N 122[deg]40'06'' W 
following the shoreline to 45[deg]28'31'' N 122[deg]40'01'' W then back 
to the point of origin.
    (ii) Enforcement period. Annually on July 4.

(12) Fort Vancouver 4th of July Celebration, Vancouver, WA

    (i) Location. All water of the Columbia River enclosed by the 
following points: 45[deg]31'16'' N 122[deg]40'18'' following the 
shoreline to 45[deg]36'55'' N 122[deg]39'11'' W south to 45[deg]35'28'' 
N 122[deg]39'19'' W following the shoreline to 45[deg]36'52'' N 
122[deg]40'32'' W then back to the point of origin.
    (ii) Enforcement period. Annually on July 4.

(13) St. Helens 4th of July, St. Helens, OR

    (i) Location. All water of the Columbia River extending out to a 
1200' radius from the barge centered at 45[deg]51'57'' N 
122[deg]47'02'' W.
    (ii) Enforcement period. Annually on July 4.

(14) East County 4th of July Fireworks, Gresham, OR

    (i) Location. All water of the Columbia River enclosed by the

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following points: 45[deg]32'29'' N 122[deg]47'32'' W following the 
shoreline to 45[deg]33'45'' N 122[deg]26'54'' W then south to 
45[deg]33'29'' N 122[deg]26'37'' W following the shoreline to 
45[deg]33'29'' N 122[deg]27'32'' W back to the point of origin.
    (ii) Enforcement period. Annually on July 4.

(15) City of Cascade Locks 4th of July, Cascade Locks, OR

    (i) Location. All water of the Columbia River extending out to a 
2000' radius from the launch site at 45[deg]40'16'' N 122[deg]53'38'' 
W.
    (ii) Enforcement period. Annually on July 4.

(16) Arlington Chamber of Commerce Fireworks, Arlington, OR

    (i) Location. All water of the Columbia River extending out to a 
500' radius from the launch site at 45[deg]43'23'' N 122[deg]12'08'' W.
    (ii) Enforcement period. Annually on July 4.

(17) Western Display 4th of July Party, Vancouver, WA

    (i) Location. All water of the Columbia River extending out to a 
500' radius from the launch site at 45[deg]35'46'' N 122[deg]32'22'' W.
    (ii) Enforcement period. Annually on July 4.

(18) Ilwaco July 4th Committee Fireworks, Ilwaco, WA

    (i) Location. All water of the Columbia River extending out to a 
700' radius from the launch site at 46[deg]18'17'' N 124[deg]01'55'' W.
    (ii) Enforcement period. Annually on July 4.

(19) Florence Chamber 4th of July, Florence, OR

    (i) Location. All water of the Siuslaw River enclosed by the 
following points: 43[deg]57'58'' N 124[deg]06'29'' W following the 
shoreline to 43[deg]58'08'' N 124[deg]05'42'' W then south to 
43[deg]57'53'' N 124[deg]05'31'' W following the shoreline to 
43[deg]57'48'' N 124[deg]06'29'' W back to the point of origin.
    (ii) Expected date. Annually on July 4th.
    (b) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives.

    Dated: April 27, 2004.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 04-10813 Filed 5-12-04; 8:45 am]
BILLING CODE 4910-15-P