[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34164-34166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16152]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD13-95-019]
Safety Zone Regulations; Fort Vancouver Fourth of July Fireworks
Display, Columbia River, Vancouver, WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Fort
Vancouver Fourth of July Fireworks Display to be held on the Columbia
[[Page 34165]]
River in Vancouver, Washington. This event will be held on Tuesday,
July 4, 1995, from 10 p.m. (PDT) to 10:30 p.m. (PDT). The Coast Guard,
through this action, intends 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, 1995, at 9
p.m. (PDT) and terminates on July 4, 1995 at 11 p.m. (PDT).
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
sponsor of the event, Fort Vancouver Fourth of July Committee, Inc.,
was unable to provide the Coast Guard with the final details for the
show until 30 days prior to 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.
Drafting Information
The drafters of this regulation are LTJG C.A. Roskam, project
officer for the Captain of the Port, 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 the Fort Vancouver Fourth of July Committee, Inc. as part
of the Fourth of July celebration in Vancouver, Washington. The
fireworks display will begin on July 4, 1995, 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 will be 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 the safety zone will involve less than one mile of the
Columbia River and entry into this zone will be restricted for only two
hours on the day of the event. The entities most likely to be affected
by this action are commercial tug and barge operators of the Columbia
River. Most of these entities are aware of the fireworks display and
the safety zone, and they can schedule their transits accordingly. If
it is 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 proposal 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 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 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
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), Reporting and
recordkeeping requirements, Security measures, and 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.T13-017 is added to read as follows:
Sec. 165.T13-017 Safety Zone: Columbia River, Vancouver, Washington.
(a) Location. The following area is a safety zone: All waters of
the Columbia River bordered by the Washington shore, the Interstate 5
Bridge, and a line drawn from the Interstate 5 Bridge at position
45 deg.37'03'' N, 122 deg.40'32'' W running easterly to position
45 deg.36'28'' N, 122 deg.38'35'' W, and then running due north to the
Washington shore at Ryan Point at position 45 deg.36'42'' N,
122 deg.38'35'' W.
(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
[[Page 34166]]
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 to the patrol vessels; failure to
do so may result in expulsion from the area, citation for failure to
comply, or both.
(d) Effective Date. This section is effective on July 4, 1995, at 9
p.m. (PDT) and terminates on July 4, 1995, at 11 p.m. (PDT), unless
sooner terminated by the Captain of the Port.
Dated: June 26, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-16152 Filed 6-29-95; 8:45 am]
BILLING CODE 4910-14-M
