[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Proposed Rules]
[Pages 4945-4946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1809]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 165

[CGD13-95-055]


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to adopt permanent safety zone 
regulations for the annual Fort Vancouver fourth of July Fireworks 
display in Vancouver, Washington. This event is held each year on the 
fourth of July on the waters of the Columbia River. In the past, the 
Coast Guard has established a temporary safety zone each year to 
protect the safety of life on the navigable waters during this event. 
However, because the event occurs annually, the coast Guard is 
proposing to adopt a permanent description of the event and permanent 
regulations to better inform the boating public.

DATES: Comments must be received on or before April 9, 1996.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Group 
Portland, 6767 N. Basin Ave., Portland, OR 97217-3992. Comments may 
also be hand-delivered to this address. The comments and other 
materials referenced in this notice will be available for inspection 
and copying at the above address at the Waterways Management Branch, in 
the Mt. St. Helens Building. Normal office hours are between 7 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Chuck Roskam, Waterways 
Management Branch Chief, U.S. Coast Guard MSO/Group Portland, OR 
(Telephone: (503) 240-9327).

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, and arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD13-95-055), specify the section of this 
proposal to which each comment applies, and give the reason for each 
comment. Two copies of each comment should be provided in an unbound 
format. All comments should be on paper no larger than 8\1/2\ by 11 
inches and should be suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of their comments should 
enclose stamped, self-addressed postcards or envelopes.
    The proposed regulations may be changed in light of comments 
received. All comments received during the comment period will be 
considered before final action is taken on this proposal.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Coast Guard Group Portland at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If the Coast Guard determines that the opportunity 
for oral presentation will aid this rulemaking, it will hold a public 
hearing at a time and place announced by a later notice in the Federal 
Register.

Drafting Information

    The principal persons involved in drafting this document are LTJG 
C.A. Roskam, Project Officer, U.S. Coast Guard MSO/Group Portland, and 
LCDR J.C. Odell, Project Attorney, Thirteenth Coast Guard District 
Legal Office.

Background and Purpose

    The Coast Guard is proposing to adopt permanent safety zone 
regulations for the annual Fort Vancouver Fourth of July Fireworks 
Display in Vancouver, Washington. This event is held on the waters of 
Columbia River each year on July fourth from 10 p.m. to 10:30 p.m. In 
the past, the Coast Guard has established a temporary safety zone each 
year to protect the safety of life on the navigable waters during the 
event. However, because the event occurs annually, the Coast Guard is 
proposing to adopt a permanent description of the event and permanent 
regulations in the Code of Federal Regulations (CFR) to better inform 
the boating public. The Coast Guard, through this action, intends to 
promote the safety of spectators and participants in this event. The 
Fort Vancouver Fourth of July Fireworks Display is being held as part 
of the celebration for the Fourth of July Independence Day in 
Vancouver, Washington.
    This event is sponsored by the Fort Vancouver Fourth of July 
Committee. The fireworks display is conducted from a barge located just 
offshore on the Columbia River. This one day event attracts a large 
number of spectators gathered on the waters near the fireworks display. 
Spectators who approach the fireworks barge at close range during the 
event may be struck by 

[[Page 4946]]
falling debris from the overhead fireworks display.

Discussion of Proposed Regulation

    To promote the safety of both the spectators and the participants 
of this event, the proposed regulation would establish a permanent 
safety zone which would become effective each year during the event. 
Entry into this safety zone and the area surrounding the event would be 
prohibited. This safety zone would 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 proposal is not a significant 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. The safety 
zone established by the proposed regulation would encompass only one 
mile of the Columbia River adjacent to Vancouver, Washington. Entry 
into the safety zone would be restricted each year for only three hours 
on the day of the event. These restrictions would have little effect on 
maritime commerce in the area.

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'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because it expects the impact of this 
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If however, you think 
that your business or organization qualifies as a small entity and that 
this proposal will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposal 
will economically affect it.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed regulation and concluded that, under paragraph 2.B.2 of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29, 
1994), this proposed regulation is categorically excluded from further 
environmental documentation. Appropriate environmental analysis of the 
Fort Vancouver Fourth of July Fireworks Display will be conducted in 
conjunction with the marine event permitting process each year. Any 
environmental documentation required under the National Environmental 
Policy Act will be completed prior to the issuance of a marine event 
permit for this event.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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 new section 165.1308 is added to read as follows:


Sec. 165.1308  Columbia River, Vancouver, WA

    (a) Location. The following area is a safety zone: All waters of 
the Columbia River at Vancouver, Washington, bounded by a line 
commencing at the northern base of the Interstate 5 highway bridge at 
latitude 45 deg.37'17'', longitude 122 deg.40'22''; thence south along 
the Interstate 5 highway bridge to latitude 45 deg.37'03''N, longitude 
122 deg.40'32''W; thence to latitude 45 deg.36'28''N, longitude 
122 deg.38'35''W; thence to Ryan's Point at latitude 45 deg.36'42''N, 
longitude 122 deg.38'35''W; thence along the Washington shoreline to 
the point of origin.

[Datum: NAD 83].
    (b) Effective dates: This section is effective annually on July 
fourth from 9 p.m. to 11 p.m. unless otherwise specified by Federal 
Register notice.
    (c) Regulation. 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, Portland, Oregon.

    Dated: January 23, 1996.
C.E. Bills,
Captain, U.S. Coast Guard Captain of the Port.
[FR Doc. 96-1809 Filed 2-8-96; 8:45 am]
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