[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]


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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.

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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 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