[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44153-44154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17387]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0726]
RIN 1625-AA00


Temporary Safety Zone: Astoria Regatta Assoc. Display, Astoria, 
OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Astoria Regatta Assoc. Display to be held on the waters of the 
Columbia River in the vicinity of Astoria's waterfront in Astoria, 
Oregon. The safety zone will restrict vessels from entering the 
designated area during the fireworks display. This temporary rule is 
needed to provide for the safety of life on navigable waters during the 
event.

DATES: This regulation is effective from 8:30 p.m. to 11:30 p.m. on 
August 9, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0726 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and Coast Guard 
Sector Portland, 6767 N. Basin Ave., Portland, OR 97217 between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM2 Joshua Lehner, c/o Captain of the 
Port Portland, 6767 N. Basin Ave, Portland, OR 97217-3992, and (503) 
240-9311.

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. The emergent and dynamic nature of the event did not 
allow previous notice. Publishing a NPRM would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
vessels and spectators. 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 the normal rule making procedures 
in this case would be impracticable and contrary to the interests of 
public safety.

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 the vicinity of Astoria's waterfront, Astoria, Oregon and is 
scheduled to start at 8:30 p.m. and last until 11:30 p.m. on August 9, 
2008. This event may result in a number of recreational vessels 
congregating near the fireworks display. The firework display poses 
several dangers to the public including excessive noise, falling 
firework debris and possible explosion. Accordingly, the safety zone is 
needed to protect watercraft and their occupants from safety hazards 
associated with the event. This safety zone will be enforced by 
representatives of the Captain of the Port Portland. The Captain of the 
Port may be assisted by other federal, state, and local agencies.

Discussion of Rule

    This temporary rule will create a safety zone to assist in 
minimizing the inherent dangers associated with fireworks display. 
These dangers include, but are not limited to, excessive noise, falling 
firework debris and possible explosion. The Coast Guard, through this 
action, intends to promote the safety of personnel, vessels, and 
facilities in the area. Due to these concerns, public safety requires 
these regulations to provide for the safety of life on the navigable 
waters.

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. The Coast Guard expects the economic 
impact of this temporary 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 safety zone 
established by this rule encompasses a relatively small area on the 
Columbia River near Astoria's Waterfront in Astoria, OR, does not shut 
down the shipping lane, and will be of very short duration. This 
regulation is established for the benefit and safety of the 
recreational boating public, and any negative recreational boating 
impact is offset by the benefits of allowing the fireworks display. 
This rule will be effective from 8:30 p.m. to 11:30 p.m. on August 09, 
2008. For the above reasons, the Coast Guard does not anticipate any 
significant economic impact.

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 or anchor in a portion of the Columbia River during the time 
mentioned under
    Background and Purpose. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
due to its short duration and small area. The only vessels likely to be 
impacted will be recreational boaters, small passenger vessel operators 
and commercial barge operators. Because the impacts of this proposal 
are expected to be so minimal, the Coast Guard certifies under 605(b) 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this 
temporary 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 offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

[[Page 44154]]

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this 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 affect 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.

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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded, 
under the Instruction, 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 because it establishes a safety zone. A 
final ``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' will be available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and Record 
Keeping Requirements, Security Measures, and 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 section in 165.T13-053 is added to read as follows:


Sec.  165.T13-053  Safety Zone; Astoria Regatta Assoc. Display, 
Astoria, Oregon.

    (a) Location. The following area is a safety zone: The waters of 
the Columbia River from surface to bottom, encompassed by lines 
connecting the following points: from the southern bank of the Columbia 
River at latitude 46[deg]11'34'' N, longitude 123[deg]48'33'' W, thence 
North to 46[deg]11'52'' N, 123[deg]48'35'' W, thence East to latitude 
46[deg]11'52'' N, longitude 123[deg]48'19'' W thence to the southern 
shoreline located at 46[deg]11'39'' N, 123[deg]48'13'' W and continuing 
back along the shoreline to the first point in the vicinity of 
Astoria's waterfront on the Columbia River in Astoria, Oregon.
    (b) Enforcement period. This rule will be in effect from 8:30 p.m. 
to approximately 11:30 p.m. on August 9, 2008 in the described waters 
of the Columbia River in Astoria, Oregon.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel not participating in the 
actual fireworks display may enter or remain in this 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 representatives.
    (d) Vessels wishing to request permission to enter the safety zone 
may contact the official patrol on VHF Channel 16 or by calling 503-
240-9311.

    Dated: July 21, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port Portland.
[FR Doc. E8-17387 Filed 7-29-08; 8:45 am]
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