[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15393]


[[Page Unknown]]

[Federal Register: June 24, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-94-015]
RIN 2115-AA97

 

Safety Zone Regulations; Kennewick Fourth of July Fireworks 
Display, Columbia River, Kennewick, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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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 from river mile 330.5 to 331.5. 
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 
9:30 p.m. (PDT) and terminates on July 4, 1994 at 11 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 60 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 Kennewick Chamber of Commerce 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 
9:30 p.m. Upon request of the Kennewick Chamber of Commerce, the Coast 
Guard is establishing a safety zone from Columbia River mile 330.5 to 
river mile 331.5. This transit 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. 1225 and 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 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. 1225 and 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 temporary Sec. 165.T13-012 is added to read as follows:


Sec. 165.T13-012  Safety Zone: Columbia River, Kennewick, Washington.

    (a) Location. The following area is a safety zone: All waters on 
the Columbia River from river mile 330.5 to river mile 331.5, 
Kennewick, Washington.
    (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 Section 165.23 of 
this part, entry into this 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 becomes effective on July 4, 
1994, at 9:30 p.m. (PDT) and terminates on July 4, 1994, at 11 p.m. 
(PDT) unless sooner terminated by the Captain of the Port.

    Dated: June 13, 1994.
N.S. Porter,
Captain, U.S. Coast Guard, Alternate Captain of the Port.
[FR Doc. 94-15393 Filed 6-23-94; 8:45 am]
BILLING CODE 4910-14-M