[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
