[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52308-52310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-027]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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SUMMARY: The Coast Guard is changing the effective periods of the 
safety zones on the waters of the Columbia River, located in the Area 
of Responsibility (AOR) of the Captain of the Port, Portland, Oregon, 
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: The new effective period of rule Sec.  165.T13-009 is from 9:30 
p.m. to 11 p.m. on August 27, 2005 and from 9:30 p.m. to 11 p.m. on 
September 10, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (CGD13-05-027) and are available for 
inspection or copying at the U.S. Coast Guard Sector 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: Petty Officer Charity Keuter, 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 the vicinity of the various 
fireworks launching barges and displays. These events were originally 
scheduled for dates that the sponsor deemed necessary to change and 
gave the Coast Guard short notice of the change and if normal notice 
and comment procedures were followed, this rule would not become 
effective until after the dates of the events. 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 temporary safety zones to allow for 
safe fireworks displays. All events occur within the Captain of the 
Port, 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. 
This safety zone will be enforced by representatives of the Captain of 
the Port, Portland, Oregon. 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 
these zones is prohibited unless authorized by the Captain of the Port, 
Portland or his designated representative. Captain of the Port, 
Portland, Oregon, will enforce these safety zones. 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 proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures act of DHS is 
unnecessary. This expectation is based on the fact that the regulated 
areas established by the proposed regulation will encompass small 
portions of the Columbia and Willamette Rivers in the Portland AOR on 
different dates, all in the evening when vessel traffic is low.

[[Page 52309]]

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.
    This 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 Willamette and Columbia Rivers during the times 
mentioned in section 2(a)(1-4) at the conclusion of this rule. 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 ninety minutes during the 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.

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. 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 State, local, or tribal government, in the 
aggregate, or the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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. 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.

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. This rule establishes safety zones which 
have a duration of no more than two hours each. Due to the temporary 
safety zones being less than one week in duration, an Environmental 
Checklist and Categorical Exclusion is not required.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 52310]]



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. Amend temporary Sec.  165.T13-009 by revising paragraphs (a)(1)(ii) 
and (a)(2)(ii) to read as follows:


Sec.  165.T13-009   Safety Zones: Fireworks displays in the Captain of 
the Port Portland Zone.

    (a) * * *
    (1) * * *
    (i) * * *
    (ii) Enforcement time and date. 9:30 p.m. to 11 p.m. on August 27, 
2005.
    (2) * * *
    (i) * * *
    (ii) Enforcement time and date. 9:30 p.m. to 11 p.m. on September 
10, 2005.
* * * * *

    Dated: August 23, 2005.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-17473 Filed 9-1-05; 8:45 am]
BILLING CODE 4910-15-P