[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27406-27407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12737]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-95-017]
Safety Zone Regulations; Portland Rose Festival Fireworks
Display, Willamette River, Portland, OR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Cost Guard is establishing a safety zone for the Portland
Rose Festival Fireworks Display which is scheduled to be held in
Portland, Oregon, on June 2, 1995. The safety zone will be located on
the Willamette River between the Morrison and Hawthorne Bridges from
river mile 12.8 to river mile 13.1. This safety zone is needed to
protect persons, facilities, and vessels from safety hazards associated
with the fireworks display. Entry into this safety zone is prohibited
unless authorized by the Captain of the Port.
EFFECTIVE DATE: This regulation becomes effective on June 2, 1995, at
8:45 p.m. (PDT) and terminates on June 2, 1995, at 11:10 p.m. (PDT),
unless sooner terminated by the Captain of the Port. If inclement
weather causes the fireworks display to be postponed, this regulation
will be effective on June 4, 1995, from 8:45 p.m. (PDT) to 11:10 p.m.
(PDT), unless sooner terminated by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT:
LTJG C.A. Roskam, c/o Captain of the Port Portland, 6767 N. Basin Ave,
Portland, Oregon 97217-3992, (503) 240-9338.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective less than 30 days after Federal Register publication.
Publishing a NPRM and delaying its effective date would be contrary to
the public interest since immediate action is necessary to ensure the
safety of structures and vessels operating in the area of the fireworks
display. Due to the complex planning and coordination involved, the
event sponsor, the Portland Rose Festival Association, was unable to
provide the Coast Guard with notice of the final details until 30 days
prior to the date of the event. Therefore, sufficient time was not
available to publish the proposed rule in advance of the event or to
provide a delayed effective date. Following normal rulemaking
procedures in this case would be impracticable.
Drafting Information
The principal persons involved in drafting this document are LTJG
C.A. Roskam, Project Officer for the Captain of the Port of Portland,
OR, and LCDR J.C. Odell, Project Counsel, Thirteenth Coast Guard
District Legal Office.
Background and Purpose
The event requiring this regulation is a fireworks display
sponsored by the Portland Rose Festival Association, as part of the
Portland Rose Festival in the Portland, Oregon, area. The fireworks
display is scheduled to begin on June 2, 1995, at 9:45 p.m. (PDT). If
the fireworks display cannot be held on June 2, 1995, because of
inclement weather, it will be rescheduled for June 4, 1995, at 9:45
p.m. (PDT).
During the fireworks display, spectator vessels may attempt to
approach the fireworks launching barge at close range. If allowed to do
so, these vessels and the persons onboard them may be exposed to
potential damage, fire, and personal injury due to sparks, falling
debris, and unexploded fireworks. [[Page 27407]]
In order to protect the safety of life and property on the
navigable waters during this event, the Coast Guard is establishing a
safety zone around the fireworks launching barge on the waters of the
Willamette River from river mile 12.8 to river mile 13.1 between the
Morrison and Hawthorne Bridges. Entry into this zone will be prohibited
unless authorized by the captain of the Port. 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 agencies.
Regulatory Evaluation
This temporary final 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. It has been exempted from review by the Office of
Management and Budget under that order. It 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 of DOT is unnecessary. This expectation is based on the
fact that the entry into the safety zone will only be restricted for
less than 3 hours on the day of the event. The entities most likely to
be affected by this action are commercial tug and barge operators on
the Willamette River. Most of these entities are aware of the fireworks
display and the safety zone, and they can schedule their transits
accordingly. If safe to do so, the representative of the Captain of the
Port assigned to enforce this safety zone may authorize commercial
vessels to pass through the safety zone on a case-by-case basis.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C, 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632).
For the reasons outlined in the Regulatory Evaluation above, the
Coast Guard expects the impact of this final rule to be minimal on all
entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b)
that this final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This final rule contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that this final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
final rule and has concluded that, under section 2.B.2.c. of Commandant
Instruction M16475.1B, it is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination has
been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For the reasons set out in the preamble, the Coast Guard amends
part 165 of title 33, Code of Federal Regulations, as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary Sec. 165.T13015 is added to read as follows:
Sec. 165.T13015 Safety Zone; Willamette River, Portland, OR.
(a) Location. The following area is a safety zone: All waters on
the Willamette River between the Morrison and Hawthorne Bridges from
river mile 12.8 to river mile 13.1, Portland, Oregon.
(b) The designated representative of the Captain of The Port is any
Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port Portland, to act on his behalf.
The following officers have or will be designated by the Captain of the
Port: The Coast Guard Patrol Commander, the senior boarding officer on
each vessel enforcing the safety zone, and the Duty Officer at Coast
Guard Group Portland, Oregon.
(c) Regulations: (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port or his designated
representatives.
(2) A succession of sharp, short signals by whistle, siren, or horn
from vessels patrolling the area under the direction of the Patrol
Commander shall serve as a signal to stop. Vessels or persons signalled
shall stop and comply with the orders of the patrol vessels; failure to
do so may result in expulsion from the area, citation for failure to
comply, or both.
(d) Effective Dates: This section becomes effective on June 2,
1995, at 8:45 p.m. (PDT) and terminate on June 2, 1995, at 11:10 p.m.
(PDT), unless sooner terminated by the Captain of the Port. If
inclement weather causes the fireworks display to be postponed, the
regulation will be effective on June 4, 1995, from 8:45 p.m. (PDT) to
11:10 p.m. (PDT), unless sooner terminated by the Captain of the Port.
Dated: May 9, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-12737 Filed 5-23-95; 8:45 am]
BILLING CODE 4910-14-M
