[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34157-34158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16147]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-020]


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 the Columbia River in 
Kennewick, Washington. This event will be held on Tuesday, July 4, 
1995, from 10 p.m. (PDT) to 10:30 p.m. (PDT). The Coast Guard, through 
this action, intends to protect persons, facilities, and vessels from 
safety hazards associated with the 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, 1995, at 9 
p.m. (PDT) and terminates on July 4, 1995 at 11 p.m. (PDT).

FOR FURTHER INFORMATION CONTACT:
LTJG C.A. Roskam, c/o Captain of the Port, Portland, 6767 N. Basin 
Ave., Portland, Oregon 97217-3992, (503) 240-9338.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not 
published for this regulation and good cause exists for making it 
effective 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 area of the fireworks 
display. Due to the complex planning and coordination involved, the 
sponsor of the event, the Kennewick Chamber of Commerce, was unable to 
provide the Coast Guard with the final details for the show until 30 
days prior to the event. Therefore, sufficient time was not available 
to publish a proposed rule in advance of the event or to provide a 
delayed effective date. Following normal rulemaking procedures, in this 
case, would be impracticable.

[[Page 34158]]


Drafting Information

    The drafters of this regulation are LTJG C.A. Roskam, project 
officer for the Captain of the Port, and LCDR J.C. Odell, project 
counsel, Thirteenth Coast Guard District Legal Office.

Background and Purpose

    The event requiring this regulation is a fireworks display 
sponsored by the Kennewick Chamber of Commerce as part of the Fourth of 
July Celebration in Kennewick, Washington. The fireworks display will 
begin on July 4, 1995, at 10 p.m. This event may result in a large 
number of vessels congregating near the fireworks launching barge. To 
promote the safety of both the spectators and participants, a safety 
zone is being established on the waters of the Columbia River around 
the fireworks launching barge, and entry into this safety zone will be 
prohibited unless authorized by the Captain of the Port. This action is 
necessary due to the possibility of debris and unexploded fireworks 
falling into the Columbia River in the vicinity of the launching 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.

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. This expectation is based on the 
fact that the safety zone will involve only one mile of the Columbia 
River and entry into this zone will be restricted for only two hours on 
the day of the event. The entities most likely to be affected by this 
action are commercial tug and barge operators on the Columbia River. 
Most of these entities are aware of the fireworks display and the 
safety zone, and they can schedule their transits accordingly. If it is 
safe to do so, the representative of the Captain of the Port assigned 
to enforce this safety zone may authorize commercial vessels to pass 
through the safety zone on a case-by-case basis.
Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). For the reasons outlined in the Regulatory Evaluation 
above, the Coast Guard expects the impact to be minimal on all 
entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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

    The Coast Guard has considered the environmental impact of this 
rule and has concluded that under Section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination will 
be made available in the rulemaking docket.

List of Subject in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
Part 165 of Title 33, Code of Federal Regulations, 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 temporary Sec. 165.T13-018 is added to read as follows:


Sec. 165.T13-018  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 safety 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, 
1995, at 9 p.m. (PDT) and terminates on July 4, 1995, at 11 p.m. (PDT) 
unless sooner terminated by the Captain of the Port.

    Dated: June 16, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-16147 Filed 6-29-95; 8:45 am]
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