[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Rules and Regulations]
[Pages 20908-20909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10534]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-014]


Safety Zone Regulations; Cinco De Mayo Fireworks Display, 
Willamette River, Portland OR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone for the Cinco De 
Mayo Fireworks Display which is scheduled to be held in Portland, 
Oregon, on May 5, 1995. The safety zone will be located on the 
Willamette River between the Morrison and Hawthorne Bridges from river 
mile 12.8 to river mile 13.1. This safety zone is needed to protect 
persons, facilities, and vessels from safety hazards associated with a 
fireworks display. Entry into this safety zone is prohibited unless 
authorized by the Captain of the Port.

EFFECTIVE DATES: This regulation becomes effective on May 5, 1995, at 
8:30 p.m (PDT) and terminates on May 5, 1995, at 11:30 p.m. (PDT), 
unless sooner terminated by the Captain of the Port. If the fireworks 
display is not held on May 5, 1995, because of inclement weather or 
otherwise, this regulation will become effective on May 6, 1995, at 
8:30 p.m. (PDT) and will terminate on May 6, 1995, at 11:30 p.m. (PDT), 
unless sooner terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT:
LTJG C. A. Roskam, c/o Captain of the Port Portland, 6767 N. Basin Ave, 
Portland, Oregon 97217-3992, (503) 240-9338.

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, Amusement Consulting, Inc., 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 the proposed rule in advance of the event or to provide a 
delayed effective date. Following normal rulemaking procedures in this 
case would be impracticable.

    Drafting Information: The principal persons involved in drafting 
this document are LTJG C. A. Roskam, project officer for the Captain 
of the Port of Portland, OR, and LCDR J.C. Odell, project counsel, 
Thirteenth Coast Guard District Legal Office.

Background and Purpose

    The event requiring this regulation is a fireworks display 
sponsored by Amusement Consulting, Inc., as part of the Cinco De Mayo 
celebration in the Portland, Oregon, area. The fireworks display is 
scheduled to begin on May 5, 1995, at 9:30 p.m. (PDT). If the fireworks 
display cannot be held on May 5 1995, because of inclement weather or 
otherwise, it will be rescheduled for May 6, 1995, at 9:30 p.m. (PDT).
    During the fireworks display, spectator vessels may attempt to 
approach the fireworks launching barge at close range. If allowed to do 
so, these vessels and the persons onboard them will be exposed to 
potential damage, fire, and personal injury due to sparks, falling 
debris, and unexploded fireworks.
[[Page 20909]]

    In order to protect the safety of life and property on the 
navigable waters during this event, the Coast Guard is establishing a 
safety zone around the fireworks launching barge on the waters of the 
Willamette River from river mile 12.8 to river mile 13.1 between the 
Morrison and Hawthorne Bridges. Entry into this zone will be prohibited 
unless authorized by the Captain of the Port. This safety zone will be 
enforced by representatives of the Captain of the Port Portland. 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 the entry into the safety zone will only be restricted for 3 
hours on the day of the event. The entities most likely to be affected 
by this action are commercial 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 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

    The Coast Guard has analyzed this final rule in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
been determined that this final rule 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 has 
been prepared and placed 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.T13-013 is added to read as follows:


Sec. 165.T13-013  Safety Zone; Willamette River, Portland, OR

    (a) Location. The following area is a safety zone: All waters on 
the Willamette River between the Morrison and Hawthorne Bridges from 
river mile 12.8 to river mile 13.1, 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 Dates. This section is effective on May 5, 1995, at 
8:30 p.m. (PDT) and terminates on May 5, 1995, at 11:30 p.m. (PDT), 
unless sooner terminated by the Captain of the Port. If the fireworks 
display is not held on May 5, 1995, because of inclement weather or 
otherwise, this section will become effective on May 6, 1995, at 8:30 
p.m. (PDT) and will terminate on May 6, 1995, at 11:30 p.m. (PDT), 
unless sooner terminated by the Captain of the Port.

    Dated: April 18, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-10534 Filed 4-27-95; 8:45 am]
BILLING CODE 4910-14-M