[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15691]
[[Page Unknown]]
[Federal Register: June 29, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-94-016]
RIN 2115-AA97
Safety Zone Regulations: Vancouver Fourth of July Fireworks
Display, Columbia River, Vancouver, WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the
Independence Day Fireworks Display to be held on July 4, 1994. The zone
will be located on the Columbia River and include all waters between
the Washington shore and a line drawn from the Interstate 5 bridge to
the Washington shore at Ryan's Point. 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 DATE: This regulation becomes effective on July 4, 1994, at
9:45 p.m. (PDT) and terminates on July 4, 1994, at 11:30 p.m. (PDT).
FOR FURTHER INFORMATION CONTACT:
LTJG R.S. Croke, c/o Captain of the Port Portland, 6767 N. Basin Ave.,
Portland Oregon 97217-3992, (503) 240-9327.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and good
cause exists for making it effective in 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 regulated area. Due to the complex planning and coordination
involved, notice of the final details for the show were not available
to the Coast Guard from the City of Vancouver Fourth of July Fireworks
Committee until 30 days prior to the show. Therefore, sufficient time
was not available to publish the proposed rules in advance of the event
or to provide a delayed effective date. Following normal rulemaking
procedures would be impracticable.
Drafting Information
The drafters of this regulation are LTJG R.S. Croke, project
officer for the Captain of the Port, and LT L.J. Argenti, project
attorney, Thirteenth Coast Guard District Legal Office.
Discussion of Regulations
The event requiring this regulation will begin on July 4, 1994 at
9:45 p.m. Upon request of the City of Vancouver Fourth of July
Fireworks Committee, the Coast Guard is establishing a safety zone on
the Columbia River that will include all waters between the Washington
shore and a line drawn from the Interstate 5 bridge at position
45 deg.37'03'' N., 122 deg.40'32'' W. running straight to position
45 deg.36'28'' N., 122 deg.38'35'' W. and then due north to the
Washington shore at Ryan's Point. This fireworks display may result in
a large number of vessels congregating near the fireworks launch barge.
Concern is justified due to the possibility of debris and unexploded
fireworks falling into the Columbia River in the vicinity of the launch
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.
This regulation is issued pursuant to 33 U.S.C. 1231 as set out in
the authority citation for all of Part 165.
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.
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
This final rule has been thoroughly reviewed by the Coast Guard and
determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.c. of Commandant
Instruction M16475.1B. A Categorical Exclusion Determination statement
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.
Regulation
In consideration of the foregoing, subpart C of Part 165 of Title
33, Code of Federal Regulations, is amended as follows:
1. The authority citation for Part 165 continues to read as
follows:
PART 165--[AMENDED]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR
1.05-1(g), 6.04-1, 6.04-6, and 160.5.
2. A new section 165.T13-013 is added to read as follows:
Sec. 165.T13-013 Safety Zone: Columbia River, Vancouver, Washington
(a) Location. The following area is a safety zone: All waters on
the Columbia River between the Washington shore and a line drawn from
the Interstate 5 bridge at position 45 deg.37'03'' N., 122 deg.40'32''
W. running straight to position 45 deg.36'28'' N., 122 deg.38'35'' W.
and then due north to the Washington shore at Ryan's Point.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or his designated
representatives.
(2) 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.
(3) 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.
(c) Effective date. This section becomes effective on July 4, 1994,
at 9:45 p.m. (PDT) and terminates on July 4, 1994, at 11:30 p.m. (PDT)
unless sooner terminated by the Captain of the Port.
Dated: June 21, 1994.
J.R. Townley,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 94-15691 Filed 6-28-94; 8:45 am]
BILLING CODE 4910-14-M
