[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34158-34160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16145]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-95-023]
Safety Zone Regulations; Oaks Park Fourth of July Fireworks Show,
Willamette River, Portland, OR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the Oaks
park Fourth of July Fireworks Show to be held on the Willamette River
in Portland, Oregon. The event will be held on Tuesday, July 4, 1995,
from 10 p.m. (PDT) to 10:30 p.m. (PDT). The Coast Guard, through this
action,
[[Page 34159]]
intends 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 DATES: This regulation becomes effective on July 4, 1995, at
9 p.m. (PDT) and terminates on July 4, 1995, at 11 p.m. (PDT).
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 Oaks Amusement Park, 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 a
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 drafters of this regulation are LTJG C.A. Roskam, Project
Manger for the Captain of the Port, and LCDR J.C. Odell, Project
Counsel, Thirteenth Coast Guard district Legal Office.
Background and Purposes
The event requiring this regulation is a fireworks display
sponsored by the Oaks Amusement park. The fireworks display is
scheduled to begin on July 4, 1995, at 10 p.m. (PDT). This event may
result in a large number of vessels congregating near the fireworks
launching barge. To promote the safety of both the spectators and
participants, a safety zone is being established on the waters of the
Willamette River around the fireworks launching barge, and entry into
this safety zone is prohibited unless authorized by the Captain of the
Port. This action is necessary due to the possibility of debris and
unexploded fireworks falling into the Willamette River in the vicinity
of the launching barge. This safety zone will be enforced by
representative of the Captain of the Port, Portland, Oregon. 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 2
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-to-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
The final rule contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking 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 will
be made available 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 section 165.T13-021 is added to read as follows:
Sec. 165.T13-021 Safety Zone; Willamette River, Portland, OR.
(a) Location: The following area is a safety zone: All waters of
the Willamette River from river mile 15.5 to river mile 16.5, Portland,
Oregon.
(b) Definitions: 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
Section 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port or his designated
representatives.
[[Page 34160]]
(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 July 4,
1995, at 9 p.m. (PDT) and terminate on July 4, 1995, at 11 p.m. (PDT),
unless sooner terminated by the Captain of the Port.
Dated: June 16, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-16145 Filed 6-29-95; 8:45 am]
BILLING CODE 4910-14-M
