[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Rules and Regulations]
[Pages 29230-29232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11392]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-04-020]
RIN 1625-AA00


Safety Zones: Fireworks Displays in the Captain of the Port, 
Portland Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing safety zones on the waters of 
the Columbia River and the Willamette River, 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 is prohibited unless 
authorized by the Captain of the Port.

DATES: This regulation is effective from 9:45 p.m. on July 10, 2004, 
until 9:45 p.m. on September 2, 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:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Publishing a NPRM and incorporating these events into 
33 CFR 165.13-1315 would be contrary to public interest since the dates 
for these three events will not always fall on the same day in future 
years. In addition, immediate action is necessary to ensure the safety 
of vessels and spectators gathering in the vicinity of the various 
fireworks launching barges and displays.

Background and Purpose

    The Coast Guard is establishing temporary safety zones to allow for 
safe fireworks displays. All events occur within the Captain of the 
Port's, Portland, OR, Area of Responsibility (AOR). These events may 
result in a number of vessels congregating near fireworks launching 
barges and sites. The safety zones are needed to protect watercraft and 
their occupants from safety hazards associated with fireworks displays. 
These safety zones will be enforced by representatives of the Captain 
of the Port, Portland, Oregon.

[[Page 29231]]

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 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 rule under that 
Order. This rule is not ``significant'' under the regulatory policies 
and procedures of the Department of Homeland Security (DHS). This 
expectation is based on the fact that the regulated areas established 
by the 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 rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
includes 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 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 during the times mentioned under 
Background and Purpose. 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 only 1 hour during 
three evenings 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 et seq.) 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 can 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.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this final rule does not have implications for 
federalism under that Order.

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. This rule will not impose an unfunded 
mandate.

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 concern 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. 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 rule 
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1D, 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.

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. 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.


0
2. Temporarily add section 165.T13-002 to read as follows:


Sec.  165.T13-002  Safety Zones for fireworks events in the Captain of 
the Port Portland Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    (1) Rainier Days Fireworks Celebration, Rainier, OR
    (i) Location. All water of the Columbia River enclosed by the 
following points: 46[deg]06'04'' N, 122[deg]56'35'' W following the 
shoreline to 46[deg]05'53'' N 122[deg]55'58'' W then south to 
46[deg]05'24'' N 122[deg]55'58'' W following the shoreline to 
46[deg]05'38'' N 122[deg]56'35'' W then back to the point of origin.

[[Page 29232]]

    (ii) Enforcement period. 9:45 p.m. (P.d.t.) to 10:45 p.m. (P.d.t.) 
on July 10, 2004.
    (2) Astoria Regatta Fireworks Show, Astoria, OR
    (i) Location. All water of the Columbia River enclosed by the 
following points: 46[deg]11'51'' N 123[deg]49'46'' W east to 
46[deg]11'52'' N 123[deg]49'03'' W south to 46[deg]11'27'' N 
123[deg]49'03'' W following the shoreline to 46[deg]11'26'' N 
123[deg]49'46'' W then back to the point of origin.
    (ii) Enforcement period. 9:45 p.m. (P.d.t.) to 10:45 p.m. (P.d.t.) 
on August 14, 2004.
    (3) 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. 8:45 p.m. (P.d.t.) to 9:45 p.m. on 
September 2, 2004.
    (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. 04-11392 Filed 5-20-04; 8:45 am]
BILLING CODE 4910-15-P