[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42673-42674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20966]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-017]
RIN 2115-4497


Safety Zone Regulations; Thunder '97 Sprint Boat Race, Columbia 
River, Richland, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Thunder 
'97 Sprint Boat Race. The event will be held Saturday, August 9, 1997, 
through Sunday, August 10, 1997, from 10 a.m. (PDT) to 6 p.m. (PDT) 
each day. The Coast Guard, through this action, intends to promote the 
safety of spectators and participants during the event from the hazards 
associated with power boat racing, and to keep spectator vessels from 
interfering with the races. Entry into the safety zone is prohibited 
unless authorized by the Captain of the Port.

DATES: This temporary safety zone is effective on Saturday, August 9, 
1997, and Sunday, August 10, 1997, from 9 a.m. (PDT) to 7 p.m. (PDT) 
each day.

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 Tri-City Watersports Association, 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.

Background and Purpose

    The event requiring this regulation is the Thunder '97 Sprint Boat 
Races to be held on the Columbia River in Richland, Washington. The 
races are scheduled to begin on August 9, 1997, at 10 a.m. (PDT). This 
event may result in a large number of spectator vessels congregating 
near the race course. To promote the safety of both the spectators and 
participants, a safety zone is being established on all the waters of 
the Columbia River, in the vicinity of the Howard Amon Park from river 
mile 337.5 to river mile 338, Richland, Washington. Entry into this 
safety zone is prohibited unless authorized by the Captain of the Port. 
This action is necessary due to the safety hazards associated with race 
boats traveling at high speeds. 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

[[Page 42674]]

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 safety zone will only be restricted for twelve 
hours each day of the event, and that less than one 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 regatta 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 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 
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.T13014 is added to read as follows:


Sec. 165.T13-014  Safety Zone; Columbia River, Richland, WA.

    (a) Location. The following area is a safety zone: All the waters 
of the Columbia River, in the vicinity of the Howard Amon Park from 
river mile 337.5 to river mile 338, Richland, Washington.
    (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 are effective from Saturday, 
August 9, 1997, through Sunday, August 10, 1997, from 9 a.m. (PDT) to 7 
p.m. (PDT) daily, 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. 97-20966 Filed 8-7-97; 8:45 am]
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