[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-14873] [[Page Unknown]] [Federal Register: June 20, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [COTP Baltimore 94-011] RIN 2115-AA97 Safety Zone Regulation; Town of Colonial Beach Fourth of July 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. 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 2, 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 rulemaking 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 May 11, 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 town of Colonial Beach Fourth of July Fireworks Display to take place July 2, 1994. A safety zone has been determined to be necessary to control spectator craft during this event. Discussion of Regulations The Coast Guard Marine Safety Office Baltimore is establishing a safety zone around the town of Colonial Beach municipal pier for the Colonial Beach Fourth of July fireworks display. The fireworks will be launched from the end of the municipal pier out over the Potomac River. The safety zone will encompass all waters of the Potomac River which fall within a 300 yard arc from the end of the town of Colonial Beach municipal pier. Since the main shipping channels of the Potomac River will not be closed during this safety zone, vessel traffic should not be severely disrupted. Spectator vessels that wish to watch the fireworks display may anchor outside of the safety zone, but they may not anchor in or block a navigable channel. 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 M16475.1B, 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 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Regulation In consideration of the foregoing, Subpart F of 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 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. 2. In part 165 a temporary Sec. 165.T05-042 is added to read as follows: Sec. 165.T05-042 Safety Zone: Town of Colonial Beach Fourth of July 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 2, 1994; unless terminated sooner by the Captain of the Port, Baltimore, Maryland. Dated: June 7, 1994. G.S. Cope, Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland. [FR Doc. 94-14873 Filed 6-17-94; 8:45 am] BILLING CODE 4910-14-M