[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)] [Rules and Regulations] [Pages 34166-34167] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-16143] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [CGD13-95-021] Safety Zone Regulations; Portland Blues Festival Fireworks Display, Willamette River, Portland, OR AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a safety zone for the Portland Blues Festival Fireworks Display which is scheduled to be held on the Willamette River in Portland, Oregon. This event will be held on July 4, 1995, from 9:45 p.m. (PDT) to 10:05 p.m. (PDT). 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 DATES: This regulation becomes effective on July 4, 1995, at 8 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 Oregon Food Bank, 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 principal persons involved in drafting this document are LTJG C. A. Roskam, Project Officer for the Captain of the Port 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 Oregon Food Bank as part of the Portland Blues Festival in the Portland, Oregon, area. The fireworks display is scheduled to begin on July 4, 1995, at 9:45 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 representatives 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 this 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-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 [[Page 34167]] 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.T13-019 is added to read as follows: Sec. 165.T13-019 Safety Zone; Willamette River, Portland, OR. (a) Location: The following area is a safety zone: All waters on the Willamette River between the Hawthorne and Marquam Bridges from river mile 13.1 to 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 Dates: This section becomes effective on July 4, 1995, at 8 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. 95-16143 Filed 6-29-95; 8:45 am] BILLING CODE 4910-14-M