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[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]
BILLING CODE 4910-14-M
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