[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Proposed Rules]
[Pages 16976-16980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06942]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0149]
RIN 1625-AA00


Safety Zones; Annual Fireworks Displays Within the Sector 
Columbia River Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish five new fireworks 
display safety zones at various locations in the Sector Columbia River 
Captain of the Port zone. In addition to adding new fireworks display 
safety zones, this

[[Page 16977]]

proposed rulemaking would consolidate existing safety zones into one 
regulation and eliminate one safety zone listed in two regulations. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0149 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Laura Springer, Waterways Management Division, 
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Our regulation for safety zones for fireworks displays in the 
Sector Columbia River Captain of the Port Zone, 33 CFR 165.1315, was 
last revised (80 FR 29949, May 26, 2015) in 2015. After receiving five 
new marine event permit applications for fireworks displays for the 
2017 season, we determined that they should be added to existing safety 
zones in Sec.  165.1315, where reoccurring fireworks displays are 
listed in a table format.
    The proposed safety zones are being implemented to help ensure the 
safe navigation of maritime traffic in the Sector Columbia River Area 
of Responsibility during fireworks displays. Fireworks displays create 
hazardous conditions for the maritime public because of the large 
number of vessels near the displays, as well as the noise, falling 
debris, and explosions that occur during the event. Because firework 
discharge sites pose a potential hazard to the maritime public, these 
safety zones are necessary in order to restrict vessel movement and 
reduce vessel congregation in the proximity of the firework discharge 
sites.

III. Discussion of Proposed Rule

    The Coast Guard proposes to add five new fireworks display safety 
zones to revise 33 CFR 165.1315 to include the locations listed in the 
table below. The added safety zones would cover all waters of the 
Oregon coast, Tillamook Bay, the Columbia River and its tributaries, 
and the Clatskanie River, within a 450 yard radius of the launch site 
at the approximate locations listed in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bandon 4th of July.............  Bandon, OR.........................  One day in July...................  43[deg]07'29'' N......  124[deg]25'05'' W.
Garibaldi Days Fireworks.......  Garibaldi, OR......................  One day in July...................  45[deg]33'13'' N......  123[deg]54'56'' W.
Bald Eagle Days................  Cathlamet, WA......................  One day in July...................  46[deg]12'14'' N......  123[deg]23'17'' W.
Veterans Day Celebration.......  The Dalles, OR.....................  One day in November...............  45[deg]36'18'' N......  121[deg]10'34'' W.
Clatskanie Heritage Days         Clatskanie, OR.....................  One Day in July...................  46[deg]6'17'' N.......  123[deg]12'02'' W.
 Fireworks.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Additionally, the Coast Guard proposes to consolidate two fireworks 
display safety zones into the table in 33 CFR 165.1315. The Fort 
Vancouver fireworks safety zone, 33 CFR 165.1314, and Astoria Regatta 
fireworks safety zone, 33 CFR 165.1316, would be incorporated into the 
table and removed as separate regulations. Currently, the Astoria 
Regatta fireworks safety zone is listed both in 33 CFR 165.1316 and 33 
CFR 165.1315. The table in 33 CFR 165.1315 has also been reordered 
chronologically. These actions will eliminate any confusion caused by 
the current configuration.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive Orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zones. Vessel traffic 
would be able to safely transit around these safety zones which would 
impact small designated areas of the Oregon coast, Tillamook Bay, the 
Columbia River and its tributaries, and the Clatskanie River for less 
than 1 hour during the evening when commercial vessel traffic is 
normally low. Moreover, the Coast Guard would issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, and the rule 
would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person

[[Page 16978]]

listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard 
will not retaliate against small entities that question or complain 
about this proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes. If 
you believe this proposed rule has implications for federalism or 
Indian Tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves safety 
zones that are approximately 1 hour in duration and would prohibit 
entry within 450 yards of the launch sites. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec.  165.1314   [Removed].

0
2. Remove Sec. Sec.  165.1314.
0
3. Revise Sec.  165.1315 to read as follows:


Sec.  165.1315  Safety Zone; Annual Fireworks Displays within the 
Sector Columbia River Captain of the Port Zone.

    (a) Safety zones. The following areas are designated safety zones: 
Waters of the Columbia River and its tributaries, waters of the Siuslaw 
River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and 
waters of the Washington and Oregon Coasts, within a 450 yard radius of 
the launch site at the approximate locations listed in the following 
table:

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     Event name (typically)                 Event location                       Date of event                   Latitude                Longitude
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Cinco de Mayo Fireworks........  Portland, OR.......................  One day in May....................  45[deg]30'58'' N......  122[deg]40'12'' W.
Portland Rose Festival           Portland, OR.......................  One day in May or June............  45[deg]30'58'' N......  122[deg]40'12'' W.
 Fireworks.
Newport High School Graduation   Newport, OR........................  One day in June...................  44[deg]36'48'' N......  124[deg]04'10'' W.
 Fireworks.

[[Page 16979]]

 
Tri-City Chamber of Commerce     Kennewick, WA......................  One day in July...................  46[deg]13'37'' N......  119[deg]08'47'' W.
 Fireworks/River of Fire
 Festival.
Astoria-Warrenton 4th of July    Astoria, OR........................  One day in July...................  46[deg]11'34'' N......  123[deg]49'28'' W.
 Fireworks.
Waterfront Blues Festival        Portland, OR.......................  One day in July...................  45[deg]30'42'' N......  122[deg]40'14'' W.
 Fireworks.
Florence Independence Day        Florence, OR.......................  One day in July...................  43[deg]58'09'' N......  124[deg]05'50'' W.
 Celebration.
Oaks Park Association 4th of     Portland, OR.......................  One day in July...................  45[deg]28'22'' N......  122[deg]39'59'' W.
 July.
City of Rainier/Rainier Days...  Rainier, OR........................  One day in July...................  46[deg]05'46'' N......  122[deg]56'18'' W.
Ilwaco July 4th Committee        Ilwaco, OR.........................  One day in July...................  46[deg]18'17'' N......  124[deg]02'00'' W.
 Fireworks/Independence Day at
 the Port.
Celebrate Milwaukie............  Milwaukie, OR......................  One day in July...................  45[deg]26'33 N........  122[deg]38'44'' W.
Splash Aberdeen Waterfront       Aberdeen, WA.......................  One day in July...................  46[deg]58'40'' N......  123[deg]47'45'' W.
 Festival.
City of Coos Bay July 4th        Coos Bay, OR.......................  One day in July...................  43[deg]22'06'' N......  124[deg]12'24'' W.
 Celebration/Fireworks Over the
 Bay.
Arlington 4th of July..........  Arlington, OR......................  One day in July...................  45[deg]43'23'' N......  120[deg]12'11 W.
East County 4th of July          Gresham, OR........................  One day in July...................  45[deg]33'32'' N......  122[deg]27'10'' W.
 Fireworks.
Port of Cascade Locks 4th of     Cascade Locks, OR..................  One day in July...................  45[deg]40'15'' N......  121[deg]53'43'' W.
 July Fireworks.
Clatskanie Heritage Days         Clatskanie, OR.....................  One Day in July...................  46[deg]6'17'' N.......  123[deg]12'02'' W.
 Fireworks.
Washougal 4th of July..........  Washougal, WA......................  One day in July...................  45[deg]34'32'' N......  122[deg]22'53'' W.
City of St. Helens 4th of July   St. Helens, OR.....................  One day in July...................  45[deg]51'54'' N......  122[deg]47'26'' W.
 Fireworks.
Waverly Country Club 4th of      Milwaukie, OR......................  One day in July...................  45[deg]27'03'' N......  122[deg]39'18'' W.
 July Fireworks.
Hood River 4th of July.........  Hood River, OR.....................  One day in July...................  45[deg]42'58'' N......  121[deg]30'32'' W.
Rufus 4th of July Fireworks....  Rufus, OR..........................  One day in July...................  45[deg]41'39'' N......  120[deg]45'16'' W.
Winchester Bay 4th of July       Winchester Bay, OR.................  One day in July...................  43[deg]40'56'' N......  124[deg]11'13'' W.
 Fireworks.
Brookings, OR July 4th           Brookings, OR......................  One day in July...................  42[deg]02'39'' N......  124[deg]16'14'' W.
 Fireworks.
Maritime Heritage Festival.....  St. Helens, OR.....................  One day in July...................  45[deg]51'54'' N......  122[deg]47'26'' W.
Lynch Picnic...................  West Linn, OR......................  One day in July...................  45[deg]23'37'' N......  122[deg]37'52'' W.
Yachats 4th of July............  Yachats, OR........................  One day in July...................  44[deg]18'38'' N......  124[deg]06'27'' W.
Lincoln City 4th of July.......  Lincoln City, OR...................  One day in July...................  44[deg]55'28'' N......  124[deg]01'31'' W.
July 4th Party at the Port of    Gold Beach, OR.....................  One day in July...................  42[deg]25'30'' N......  124[deg]25'03'' W.
 Gold Beach.
Gardiner 4th of July...........  Gardiner, OR.......................  One day in July...................  43[deg]43'55'' N......  124[deg]06'48'' W.
Huntington 4th of July.........  Huntington, OR.....................  One day in July...................  44[deg]18'02'' N......  117[deg]13'33'' W.
Toledo Summer Festival.........  Toledo, OR.........................  One day in July...................  44[deg]37'08'' N......  123[deg]56'24'' W.
Port Orford 4th of July........  Port Orford, OR....................  One day in July...................  42[deg]44'31'' N......  124[deg]29'30'' W.
The Dalles Area Fourth of July.  The Dalles, OR.....................  One day in July...................  45[deg]36'18'' N......  121[deg]10'23'' W.
Roseburg Hometown 4th of July..  Roseburg, OR.......................  One day in July...................  43[deg]12'58'' N......  123[deg]22'10'' W.
Newport 4th of July............  Newport, OR........................  One day in July...................  44[deg]37'40'' N......  124[deg]02'45'' W.
Cedco Inc./The Mill Casino       North Bend, OR.....................  One day in July...................  43[deg]23'42'' N......  124[deg]12'55'' W.
 Independence Day.
Waldport 4th of July...........  Waldport, OR.......................  One day in July...................  44[deg]25'31'' N......  124[deg]04'44'' W.
Westport 4th of July...........  Westport, WA.......................  One day in July...................  46[deg]54'17'' N......  124[deg]05'59'' W.
The 4th of July at Pekin Ferry.  Ridgefield, WA.....................  One day in July...................  45[deg]52'07'' N......  122[deg]43'53'' W.
Bandon 4th of July.............  Bandon, OR.........................  One day in July...................  43[deg]07'29'' N......  124[deg]25'05'' W.
Garibaldi Days Fireworks.......  Garibaldi, OR......................  One day in July...................  45[deg]33'13'' N......  123[deg]54'56'' W.
Bald Eagle Days................  Cathlamet, WA......................  One day in July...................  46[deg]12'14'' N......  123[deg]23'17'' W.
Independence Day at the Fort     Vancouver, WA......................  One Day in July...................  45[deg]36'57'' N......  122[deg]40'09'' W.
 Vancouver.
Oregon Symphony Concert          Portland, OR.......................  One day in August or September....  45[deg]30'42'' N......  122[deg]40'14'' W.
 Fireworks.
Astoria Regatta................  Astoria, OR........................  One day in August.................  46[deg]11'34'' N......  123[deg]49'28'' W.
First Friday Milwaukie.........  Milwaukie, OR......................  One day in September..............  45[deg]26'33'' N......  122[deg]38'44'' W.
Leukemia and Lymphoma Light the  Portland, OR.......................  One day in October................  45[deg]31'14'' N......  122[deg]40'06'' W.
 Night Fireworks.
Willamette Falls Heritage        Oregon City, OR....................  One day in October................  45[deg]21'44'' N......  122[deg]36'21'' W.
 Festival.
Veterans Day Celebration.......  The Dalles, OR.....................  One day in November...............  45[deg]36'18'' N......  121[deg]10'34'' W.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Special requirements. Fireworks barges or launch sites on land 
used in locations stated in this section must display a sign. The sign 
will be affixed to the port and starboard side of the barge or mounted 
on a post 3 feet above ground level when on land and in close proximity 
to the shoreline facing the water labeled ``FIREWORKS--DANGER--STAY 
AWAY.'' This will provide on-scene notice that the safety zone is, or 
will, be enforced on that day. This notice will consist of a diamond 
shaped sign, 4-foot by 4-foot, with a 3-inch orange retro-reflective 
border. The word ``DANGER'' will be 10-inch black block letters 
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 
6-inch black block letters placed above and below the word ``DANGER'' 
respectively on a white background. An on-scene patrol vessel may 
enforce these safety zones at least 1 hour prior to the start and 1 
hour after the conclusion of the fireworks display.
    (c) Notice of enforcement. These safety zones will be activated and 
thus subject to enforcement, under the following conditions: The Coast 
Guard must receive an Application for Marine Event for each fireworks 
display; and, the Captain of the Port will cause notice of the 
enforcement of these safety zones to be made by all appropriate means 
to provide notice to the affected segments of the public as 
practicable, in accordance with 33 CFR 165.7(a). The Captain of the 
Port will issue a Local Notice to Mariners notifying the public of 
activation and suspension of enforcement of these safety zones. 
Additionally, an on-scene Patrol Commander may be appointed to enforce 
the safety zones by limiting the transit of non-participating vessels 
in the designated areas described above.
    (d) Enforcement periods. This section will be enforced at least 1 
hour before

[[Page 16980]]

and 1 hour after the duration of the event each day a barge or launch 
site with a ``FIREWORKS--DANGER--STAY AWAY'' sign is located within any 
of the safety zones identified in paragraph (a) of this section and 
meets the criteria established in paragraphs (b) and (c) of this 
section.
    (e) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative. The Captain of the Port may be assisted by 
other Federal, State, or local agencies with the enforcement of the 
safety zone.
    (f) Authorization. All vessel operators who desire to enter the 
safety zone must obtain permission from the Captain of the Port or 
Designated Representative by contacting either the on-scene patrol 
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River 
Command Center via telephone at (503) 861-6211.


Sec.  165.1316  [Removed].

0
4. Remove Sec.  165.1316.

    Dated: April 3, 2017.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2017-06942 Filed 4-6-17; 8:45 am]
 BILLING CODE 9110-04-P