[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Rules and Regulations]
[Pages 35399-35400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17077]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-009]
RIN 2115-AA97


Safety Zone Regulations; Oregon Food Bank Blues Festival 
Fireworks Display, 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 Oregon 
Bank Blues Festival fireworks display. The event will be held on 
Friday, July 4, 1997, from 9:45 p.m. (PDT) to 11 p.m. (PDT). The safety 
zone will be located on the Willamette River between the Hawthorne 
Bridge (river mile 13.1) and the Marquam Bridge (river mile 13.5), 
Portland, Oregon. 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 DATE: This rule is effective on July 4, 1997, at 9:45 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. Basi 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, Oregon Food Bank Blues Festival and Fuller Productions, 
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 an Oregon Food Bank Blues 
Festival fireworks display to be held on the Willamette River in 
Portland, Oregon. The fireworks display is scheduled to begin on July 
4, 1997, at 9:45 p.m. (PDT). This event may result in a 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, state, and local 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 
one hour on the day of the event, and that less than half a 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 
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

[[Page 35400]]

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.

Environment 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), Reports and record 
keeping 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.T13008 is added to read as follows:


Sec. 165.T13008   Safety Zone; Willamette River, Portland, OR.

    (a) Location: The following area is a safety zone: All waters on 
the Willamette River between the Hawthorne Bridge (river mile 13.1) and 
the Marquam Bridge (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 Date: These regulations become effective on 
Friday,July 4, 1997, at 9:45 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 Captain of the Port, Portland, 
Oregon.
[FR Doc. 97-17077 Filed 6-30-97; 8:45 am]
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