[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42674-42675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20967]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-97-018]
RIN 2115-AA97
Safety Zone Regulations; Astoria Regatta Fireworks Display,
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 Astoria
Regatta Associations Inc.'s fireworks display being held in conjunction
with the Astoria Regatta on the Columbia River in Astoria, Oregon. The
event will be held on Saturday, August 09, 1997, from 9:30 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.
DATES: This temporary safety zone is effective from 9:30 p.m. (PDT)
until 11 p.m. (PDT) on August 09, 1997.
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 Regatta Association Inc., was unable to
provide the Coast Guard with notice of the final details until 30 days
prior to
[[Page 42675]]
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 Regatta Association Inc. The fireworks display
is scheduled to begin on August 09, 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 entry into the area covered by this safety zone will be
restricted for less than 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
barge operators on the Columbia River. Most of these entities are aware
of the fireworks display and the safety zone, and 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 2.B.2.c. of Commandant
Instruction M16475.B, 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.T13015 is added to read as follows:
Sec. 165.T13-015 Safety Zone; Columbia River, Astoria, OR.
(a) Location. The following area is a safety zone: All waters of
the Columbia River bounded by a circle with a 1000-foot radius centered
on a fireworks launching barge located at position 46 deg.11'48''N
latitude, 123 deg.51'44''W longitude, in the vicinity of Astoria,
Oregon. This safety zone represent an area approximately 450 yards
north of the channel, between buoys 33 and 35. [Datum: NAD 83]
(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
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. These regulations become effective on August
09, 1997, at 9:30 p.m. (PDT) and terminate on August 9, 1997, at 11
p.m. (PDT), unless sooner terminated by the Captain of the Port.
Dated: July 24, 1997.
G. M. Webber,
Commander, U.S. Coast Guard, Captain of the Port Acting.
[FR Doc. 97-20967 Filed 8-7-97; 8:45 am]
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