[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-15956] [[Page Unknown]] [Federal Register: June 30, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [CGD13-94-018] RIN 2115-AA97 Safety Zone Regulations; St. Helens Fourth of July Fireworks Display, Columbia River, St. Helens, OR AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- 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 85.8 to 86.5. 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 8:45 p.m. (PDT) and terminates on July 4, 1994 at 10:45 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 St. Helens 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 8:45 p.m. (PDT). Upon request of the St. Helens Fireworks Committee, the Coast Guard is establishing a safety zone from Columbia River mile 85.8 to river mile 86.5. This fireworks display may result in a large number of vessels congregating near the fireworks launch site. Concern is justified due to the possibility of debris and unexploded fireworks falling into the Columbia River in the vicinity of the launch site. 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 C 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 1.05-1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. 2. A new Section 165.T13-015 is added to read as follows: Sec. 165.T13-015 Safety Zone: Columbia River, St. Helens, Oregon. (a) Location. The following area is a safety zone: All waters on the Columbia River from river mile 85.8 to river mile 86.5, St. Helens, Oregon. (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 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 of 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 date. This section becomes effective on July 4, 1994, at 8:45 p.m. (PDT) and terminate on July 4, 1994, at 10:45 p.m. (PDT) unless sooner terminated by the Captain of The Port. Dated: June 22, 1994. N.S. Porter, Captain, U.S. Coast Guard, Alternate Captain of the Port. [FR Doc. 94-15956 Filed 6-29-94; 8:45 am] BILLING CODE 4910-14-M