[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Rules and Regulations]
[Pages 20-22]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28552]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-04-044]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Columbia River during a New Year's fireworks display. The 
Captain of the Port, Portland, Oregon, is taking this action to 
safeguard watercraft and their occupants from safety hazards associated 
with this display. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port.

DATES: This rule is effective from 11:30 p.m. (p.s.t.) on December 31, 
2004, to 12:30 a.m. (p.s.t.) on January 1, 2005.

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 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) Belen 
Audirsch, c/o Captain of the Port, Portland 6767 N. Basin Avenue, 
Portland, Oregon 97217, (503) 240-9301.

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 would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
vessels and spectators gathering in

[[Page 21]]

the vicinity of the fireworks fallout areas. If normal notice and 
comment procedures were followed, this rule would not become effective 
until after the date of the event. For this reason, following normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public interest.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone to allow 
for a safe fireworks display. This event occurs on the Columbia River 
in Cascade Locks, OR, and is scheduled to start at midnight and last 
approximately 15 minutes. This event may result in a number of vessels 
congregating near the fireworks launching and fallout sites. The safety 
zone is needed to protect watercraft and their occupants from safety 
hazards associated with fireworks displays. Captain of the Port, 
Portland, Oregon, will enforce this temporary safety zone. The Captain 
of the Port may be assisted by other federal and local agencies.

Discussion of Rule

    This rule, for safety concerns, will control vessels, personnel and 
individual movements in a regulated area surrounding the fireworks 
event indicated in section 2 of this Temporary Final Rule. Entry into 
this zone is prohibited unless authorized by the Captain of the Port, 
Portland or his designated representative. Captain of the Port, 
Portland, Oregon, will 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 this rule under that Order. This rule 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 act of DHS is unnecessary. This 
expectation is based on the fact that the regulated area established by 
the regulation will encompass a small portion of the Columbia River in 
the Captain of the Port, Portland, Oregon AOR 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'' 
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 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 during the times and dates mentioned 
under 2(c) of this Temporary Final Rule. 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 no more than one 
hour during one 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 et seq.) that this temporary 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 (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 temporary 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.

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Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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. 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. A temporary Sec.  165.T13-019 is added to read as follows:


Sec.  165.T13-019  Temporary Safety Zone; Port of Cascade Locks 
Fireworks Display, Columbia River, Cascade Locks, Oregon.

    (a) Location. The following area is a safety zone: the navigable 
waters of the Columbia River in the vicinity of Port Marine Park in 
Cascade Locks, Oregon, bounded by a 400' radius from the fallout area 
centered on land at point 45[deg]39'56'' N, 121[deg]53' 47'' W.
    (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.
    (c) Effective dates. This regulation is effective from 11:30 p.m. 
(PST) on December 31, 2004, to 12:30 a.m. (PST) on January 1, 2005.

    Dated: December 17, 2004.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 04-28552 Filed 12-30-04; 8:45 am]
BILLING CODE 4910-75-P