[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34158-34160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16145]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-023]


Safety Zone Regulations; Oaks Park Fourth of July Fireworks Show, 
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 Oaks 
park Fourth of July Fireworks Show to be held on the Willamette River 
in Portland, Oregon. The event will be held on Tuesday, July 4, 1995, 
from 10 p.m. (PDT) to 10:30 p.m. (PDT). The Coast Guard, through this 
action, 

[[Page 34159]]
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 
9 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 Oaks Amusement Park, 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 drafters of this regulation are LTJG C.A. Roskam, Project 
Manger for the Captain of the Port, and LCDR J.C. Odell, Project 
Counsel, Thirteenth Coast Guard district Legal Office.

Background and Purposes

    The event requiring this regulation is a fireworks display 
sponsored by the Oaks Amusement park. The fireworks display is 
scheduled to begin on July 4, 1995, 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 
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 
representative 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. 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-to-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

    The 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 M16475.1B, 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 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary section 165.T13-021 is added to read as follows:


Sec. 165.T13-021  Safety Zone; Willamette River, Portland, OR.

    (a) Location: The following area is a safety zone: All waters of 
the Willamette River from river mile 15.5 to river mile 16.5, 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 
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.

[[Page 34160]]

    (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 9 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. 95-16145 Filed 6-29-95; 8:45 am]
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