42674 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

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:

§ 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 § 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]

BILLING CODE 4910–14–M

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.

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
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 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-bycase 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:

§ 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°11′48′′N latitude, 123°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 § 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