[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15690]
[[Page Unknown]]
[Federal Register: June 29, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-94-017]
RIN 2115-AA97
Safety Zone Regulations; 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 KGON
Radio Blues Festival Fireworks Display to be held on July 4, 1994. The
zone will be located on the Willamette River from the Morrison bridge
to the Hawthorne bridge. This safety zone is needed to protect persons,
facilities, and vessels from safety hazards associated with a fireworks
display. Entry into this safety zone is prohibited unless authorized by
the Captain of the Port.
effective date: This regulation becomes effective on July 4, 1994, at
9:15 p.m. (PDT) and terminates on July 4, 1994 at 10:30 p.m. (PDT).
for further information contact: LTJR R.S. Croke, c/o Captain of the
Port Portland, 6767 N. Basin Ave., Portland, Oregon 97217-3992, (503)
240-9327.
supplementary information: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and good
cause exists for making it effective in 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 regulated area. Due to the complex planning and coordination
involved, notice of the final details for the show were not available
to the Coast Guard from the KGON Radio until 30 days prior to the show.
Therefore, sufficient time was not available to publish the proposed
rules in advance of the event or to provide a delayed effective date.
Following normal rulemaking procedures would be impracticable.
Drafting Information
The drafters of this regulation are LTJG R.S. Croke, project
officer for the Captain of the Port, and LT L.J. Argenti, project
attorney, Thirteenth Coast Guard District Legal Office.
Discussion of Regulations
The event requiring this regulation will begin on July 4, 1994 at
9:15 p.m. Upon request of KGON Radio, the Coast Guard is establishing a
safety zone on the Willamette River from the Morrison bridge (river
mile 13.8) to the Hawthorne bridge (river mile 14.1). This fireworks
display may result in a large number of vessels congregating near the
fireworks launch barge. Concern is justified due to the possibility of
debris and unexploded fireworks falling into the Willamette River in
the vicinity of the launch 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 agencies.
This Regulation is issued pursuant to 33 U.S.C. 1225 and 1231 as
set out in the authority citation for all of part 165.
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.
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
This final rule has been thoroughly reviewed by the Coast Guard and
determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.c. of Commandant
Instruction M16475.1B. A Categorical Exclusion Determination statement
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.
Regulation
In consideration of the foregoing, subpart C of part 165 of title
33, Code of Federal Regulations, is amended as follows: 1. The
authority citation for part 165 continues to read as follows:
PART 165--[AMENDED]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR
1.05-1(g), 6.04-1, 6.04-6, and 160.5.
2. A new Section 165.T13-014 is added to read as follows:
Sec. 165.T13-014 Safety Zone: Willamette River, Portland, Oregon.
(a) Location. The following area is a safety zone: All waters on
the Willamette River from the Morrison bridge (river mile 13.8) to the
Hawthorne bridge (river mile 14.1), Portland, Oregon.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or his designated
representatives.
(2) 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 Deputy Officer at Coast
Guard Group Portland, Oregon.
(3) 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.
(c) Effective dates. This section becomes effective on July 4,
1994, at 9:15 p.m. (PDT) and terminates on July 4, 1994, at 10:30 p.m.
(PDT) unless sooner terminated by the Captain of The Port.
Dated: June 21, 1994.
J.R. Townley,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 94-15690 Filed 6-28-94; 8:45 am]
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