[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72280-72282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33473]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-99-046]
RIN 2115-AA97
Safety Zone Regulation; Fireworks Display, Willamette River,
Portland, Oregon
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a safety zone on the waters of
Willamette River in the vicinity of Portland, Oregon from 11:30 p.m.
(PST) on December 31, 1999 to 12:30 a.m. (PST) January 1, 2000. The
Captain of the Port, Portland, Oregon, is taking this action to
safeguard watercraft and their occupants from safety hazards associated
with the fireworks display. The safety zone will encompass all waters
of the Willamette River at Portland, Oregon River from the Hawthorne
Bridge (Willamette River Mile 13.1) to the Marquam Bridge (Willamette
River Mile 13.6). Entry into this safety zone is prohibited unless
authorized by the Captain of the Port.
DATES: This rule is effective from 11:30 p.m. (PST) on December 31,
1999 to 12:30 a.m. (PST) January 1, 2000.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD13-99-046, and are available for inspection or
copying at the U.S. Coast Guard Group/MSO Portland, 6767 N. Basin Ave,
Portland, Oregon 97217 between 7:00 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Tom Allan, c/o Captain of
the Port, Portland 6767 N. Basin Avenue, Portland, Oregon 97217, (503)
240 9327.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators gathering in the vicinity of the fireworks
launching barge. Due to the complex planning and coordination, the
event sponsor, the American West Steamboat Co., was unable to provide
the Coast Guard with notice of the final details until less than 45
days prior to the date of the event. If normal notice and comment
procedures were followed, this rule would not become effective until
after the date of the event. For this reason, following normal
rulemaking procedures in this case would be impracticable and contrary
to the public interest.
Background and Purpose
The Coast Guard is adopting a temporary safety zone regulation to
allow a safe fireworks display. The fireworks display is scheduled to
start at midnight on December 31, 1999. This event may result in a
number of vessels congregating near the fireworks launching barge. The
zone is needed to protect watercraft and their occupants from safety
hazards associated with fireworks display. 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 and local agencies.
Regulatory Evaluation
This 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. The
Office of Management and Budget has not reviewed it under that Order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Transportation (DOT) (44 CFR 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 act of DOT is unnecessary. This
expectation is based on the fact that the regulated area established by
the proposed regulation would encompass less than one mile of the
Willamette River for a period of only one hour.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
a portion of the Willamette River from 11:30 p.m. (PST) on December 31,
1999 to 12:30 a.m. (PST) January 1, 2000. This safety zone will not
have significant economic impact on a substantial number of small
entities for the following reasons. This rule will be in effect for
only one hour in the evening when vessel traffic is low. Because the
impacts of this proposal are expected to be so minimal, the Coast Guard
certifies under 605(b) that this rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this final rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from
[[Page 72282]]
Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion is provided for
temporary safety zones of less than one week in duration. This rule
establishes a safety zone with a duration of one hour. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 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 Sec. 165.T13-035 is added to read as follows:
Sec. 165.T13-035 Safety Zone; Willamette River, Portland, Oregon.
(a) Location. The following area is a safety zone: All waters of
the Willamette River at Portland, Oregon River from the Hawthorne
Bridge (Willamette River Mile 13.1) to the Marquam Bridge (Willamette
River Mile 13.6).
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
(c) Effective dates. This regulation is effective on December 31,
1999 at 11:30 p.m. (PST) through January 1, 2000 at 12:30 a.m. (PST).
Dated: December 6, 1999.
James D. Spitzer,
Captain, Coast Guard, Captain of the Port.
[FR Doc. 99-33473 Filed 12-23-99; 8:45 am]
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