[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35399-35400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17077]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-97-009]
RIN 2115-AA97
Safety Zone Regulations; Oregon Food Bank Blues Festival
Fireworks Display, Willamette River, Portland, OR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Oregon
Bank Blues Festival fireworks display. The event will be held on
Friday, July 4, 1997, from 9:45 p.m. (PDT) to 11 p.m. (PDT). The safety
zone will be located on the Willamette River between the Hawthorne
Bridge (river mile 13.1) and the Marquam Bridge (river mile 13.5),
Portland, Oregon. The Coast Guard, through this action, 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 DATE: This rule is effective on July 4, 1997, at 9:45 p.m.
(PDT) and terminates on July 4, 1997 at 11 p.m. (PDT).
FOR FURTHER INFORMATION CONTACT:
LT T.G. Allan, c/o Captain of the Port, Portland, 6767 N. Basi Ave,
Portland Oregon 97217-3992, (503) 240-9327.
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, Oregon Food Bank Blues Festival and Fuller Productions,
were 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.
Background and Purpose
The event requiring this regulation is an Oregon Food Bank Blues
Festival fireworks display to be held on the Willamette River in
Portland, Oregon. The fireworks display is scheduled to begin on July
4, 1997, at 9:45 p.m. (PDT). This event may result in a 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 representatives of the Captain of the Port,
Portland, Oregon. The Captain of the Port may be assisted by other
federal, state, and local 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
one hour on the day of the event, and that less than half a mile of the
waterway will be restricted. The entities most likely to be affected by
this action are commercial ship, and 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
[[Page 35400]]
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
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.
Environment 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), Reports and record
keeping 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.T13008 is added to read as follows:
Sec. 165.T13008 Safety Zone; Willamette River, Portland, OR.
(a) Location: The following area is a safety zone: All waters on
the Willamette River between the Hawthorne Bridge (river mile 13.1) and
the Marquam Bridge (river mile 13.5), 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 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 Date: These regulations become effective on
Friday,July 4, 1997, at 9:45 p.m. (PDT) and terminate on July 4, 1997,
at 11 p.m. (PDT).
Dated: June 12, 1997.
G.M. Webber,
Commander, U.S. Coast Guard, Acting Captain of the Port, Portland,
Oregon.
[FR Doc. 97-17077 Filed 6-30-97; 8:45 am]
BILLING CODE 4910-14-M
