[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]
BILLING CODE 4910-14-M
