[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13086]


[[Page Unknown]]

[Federal Register: June 1, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Baltimore 94-009]
RIN 2115-AA97

 

Safety Zone Regulation; Potomac River Festival Fireworks Display, 
Potomac River, Colonial Beach, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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

SUMMARY: The Coast Guard Marine Safety Office Baltimore is establishing 
a temporary safety zone for the Colonial Beach fireworks display at the 
Colonial Beach municipal pier on the Potomac River, Colonial Beach, VA. 
The event will consist of fireworks being launched out over the Potomac 
River from the Colonial Beach municipal pier. This safety zone is 
necessary to control spectator craft and to provide for the safety of 
life and property on U.S. navigable waters during this event. Entry 
into this zone is prohibited unless authorized by the Captain of the 
Port.

EFFECTIVE DATE: This regulation will be effective from 8:30 p.m. until 
10 p.m. July 4, 1994.

FOR FURTHER INFORMATION CONTACT:
Timothy P. Ryan, Chief Warrant Officer, U.S. Coast Guard Marine Safety 
Office Baltimore, Custom House, 40 South Gay Street, Baltimore, 
Maryland 21202-4022, (410) 962-2651.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rule Making has not been published for this regulation and 
good cause exists for making it effective in less than 30 days from the 
date of publication. The application to hold this event was not 
received at Marine Safety Office Baltimore until April 21, 1994 and 
there was not sufficient time remaining to publish proposed rules in 
advance of the event or to provide for a delayed effective date.

Background and Purpose

    The Town of Colonial Beach filed an application with the U.S. Coast 
Guard, Group Baltimore requesting a safety zone for the Potomac River 
Festival Fireworks Display to take place July 4, 1994. A safety zone 
has been determined to be necessary to control spectator craft during 
this event.

Discussion of Regulations

    This regulation is necessary to ensure the safety of spectator 
craft, recreational vessels and to provide for the safety of life and 
property on U.S. navigable waters during the event. Since the main 
shipping channel of the Potomac River will not be closed during this 
event, vessel traffic should not be disrupted.
    This regulation is issued pursuant to 33 U.S.C. 1231 as set out in 
the authority citation for all of part 165.

Drafting Information

    The drafters of this regulation are Timothy P. Ryan, Chief Warrant 
Officer, project officer for the Captain of the Port, Baltimore, 
Maryland and Lieutenant Monica Lombardi, project attorney Fifth Coast 
Guard District Legal Staff.

Regulatory Evaluation

    This 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Because it expects the impact of this rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2.C. of Commandant Instruction 
M1675.1B, and actions to protect public safety have been determined to 
be categorically excluded from further environmental documentation.

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

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 F of part 165 of title 
33, Code of Federal Regulations is amended 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-(g), 6.04-
1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. Temporary section 165.T05-030 is added to read as follows:


Sec. 165.T05-030  Safety Zone: Potomac River Festival Fireworks 
Display, Potomac River, Colonial Beach, VA.

    (a) Location. The following area is a safety zone: All waters 
within a 300 yard arc from the end of the Colonial Beach municipal pier 
located at:

------------------------------------------------------------------------
             Latitude                             Longitude             
------------------------------------------------------------------------
38 deg. 15' 03'' N.                  76 deg. 57' 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, Baltimore, Maryland to 
act on his behalf.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Baltimore, Maryland can be 
contacted at telephone number (410) 962-5100. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 13 and 16.
    (d) Regulations. (1) Entry into this safety zone is prohibited 
unless authorized by the Captain of the Port or his designated 
representative.
    (2) The operator of any vessel which enters into or operates in 
this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of this section, but may not block a 
navigable channel.
    (e) Effective date. This section is effective from 8:30 p.m. to 10 
p.m. July 4, 1994; unless terminated sooner by the Captain of the Port, 
Baltimore, Maryland.

    Dated: May 12, 1994.
D.B. Crawford,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. 94-13086 Filed 5-31-94; 8:45 am]
BILLING CODE 4910-14-M