[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35393-35394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17073]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-97-007]
RIN 2115-AA9
Safety Zone Regulations; City of Astoria Fourth of July
Fireworks, Columbia River, Astoria OR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the City of
Astoria Fourth of July fireworks display to be held on the Columbia
River in Astoria, Oregon. The event will be held on Friday, July 4,
1997, from 9 p.m. (PDT) to 11 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, 1997, at
9 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. Basin 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, the Astoria Chamber of Commerce and the City of Astoria,
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 a fireworks display
sponsored by the Astoria Chamber of Commerce and the City of Astoria.
The fireworks display is scheduled to begin on July 4, 1997, 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 Columbia 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 Columbia 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 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, and that less than 1 mile of the
waterway will be restricted. The entities most likely to be affected by
this action are commercial ship, and tug and burge operators on the
Columbia 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
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
[[Page 35394]]
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 1.01-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A temporary section 165.T13006 is added to read as follows:
Sec. 165.T13006 Safety Zone; Columbia River, Astoria, OR.
(a) Location: The following area is a safety zone: All waters of
the Columbia River in the vicinity of Astoria, Oregon, from the Oregon
shore to point approximately 450 yards north of the channel, between
buoys 37 and 39. More specifically, this area is all waters of the
Columbia River bounded by a line commencing at the Oregon shore
position 46 deg.11'30''N latitude, 123 deg.50 deg.00''W longitude;
thence to position 46 deg.11'50''N latitude, 123 deg.50'00''W
longitude; thence to position 46 deg.11'50''N latitude,
123 deg.49'15''W longitude; thence to the Oregon shore at position
46 deg.11'25''N latitude, 123 deg.49'15''W longitude; thence returning
along the Oregon shoreline to the point of origin.
(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 Astoria, 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.
(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: These regulations become effective on July 4,
1997, at 9 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, Portland, Oregon.
[FR Doc. 97-17073 Filed 6-30-97; 8:45 am]
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