[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34164-34166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16152]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-019]


Safety Zone Regulations; Fort 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 Fort 
Vancouver Fourth of July Fireworks Display to be held on the Columbia 

[[Page 34165]]
River in Vancouver, 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 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, 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, Fort Vancouver Fourth of July Committee, Inc., 
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.

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 Fort Vancouver Fourth of July Committee, Inc. as part 
of the Fourth of July celebration in Vancouver, Washington. The 
fireworks display will begin on July 4, 1995, at 10 p.m. (PDT). 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 less than 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 of 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 Subjects 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 section 165.T13-017 is added to read as follows:


Sec. 165.T13-017  Safety Zone: Columbia River, Vancouver, Washington.

    (a) Location. The following area is a safety zone: All waters of 
the Columbia River bordered by the Washington shore, the Interstate 5 
Bridge, and a line drawn from the Interstate 5 Bridge at position 
45 deg.37'03'' N, 122 deg.40'32'' W running easterly to position 
45 deg.36'28'' N, 122 deg.38'35'' W, and then running due north to the 
Washington shore at Ryan Point at position 45 deg.36'42'' N, 
122 deg.38'35'' 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 Portland, to act on his 
behalf. The following officers have or will be 

[[Page 34166]]
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 
Sec. 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 to 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 is 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 26, 1995.
C.E. Bills,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 95-16152 Filed 6-29-95; 8:45 am]
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