[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Rules and Regulations]
[Pages 18948-18949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10559]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-055]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting 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 adopting a permanent 
description of the event and permanent regulations to better inform the 
boating public.

EFFECTIVE DATE: This rule is effective on May 30, 1996.

ADDRESSES: Unless otherwise indicated, the documents referred to in 
this preamble are available for inspection or copying in the St. Helens 
Building, Waterways Management Section at the U.S. Coast Guard Group 
Portland, 6767 N. Basin Ave., Portland, OR 97217-3992. Normal office 
hours are between 7 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) C. A. Roskam, c/o Commander, U.S. Coast Guard 
Group Portland, 6767 N. Basin Ave., Portland, OR 97217-3992. 
(Telephone: (503) 240-9327).

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 9, 1996 the Coast Guard published a notice of proposed 
rulemaking entitled Safety Zone Regulations; Fort Vancouver Fourth of 
July Fireworks Display, Columbia River, Vancouver, WA, in the Federal 
Register (61 FR 4945). The Coast Guard received no letters commenting 
on the proposal. No public hearing was requested, and none was held. No 
changes were made to the regulation, and it is being adopted as 
initially proposed.

Background and Purpose

    The Coast Guard is adopting 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. (PDT). 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 adopting 
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 
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, this regulation establishes a permanent safety zone 
which would become effective each year during the event. Entry into 
this safety zone and the area surrounding the event will be prohibited. 
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 regulation 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 regulation 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 this regulation encompasses only one mile of 
the Columbia River adjacent to Vancouver, Washington. Entry into the 
safety zone will 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 regulation 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 
regulation to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this regulation will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This regulation 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 regulation does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under paragraph 2.B.2 of Commandant 
Instruction

[[Page 18949]]

M16475.1B (as revised by 59 FR 38654; July 29, 1994), the 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 should 
such a permit be required.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, 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; 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'' N, longitude 122 deg.40'22'' W; 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. (PDT) 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: April 18, 1996.
C.E. Bills,
Captain, U.S. Coast Guard Captain of the Port.
[FR Doc. 96-10559 Filed 4-29-96; 8:45 am]
BILLING CODE 4910-14-M