[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49028-49031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21186]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0868]
RIN 1625-AA00
Safety Zone; 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 amend the regulations establishing
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River. This action would include updating 3 existing
safety zones, adding 1 safety zone for a fireworks display that was
previously published under a temporary regulation, and removing 10
safety zones for inactive fireworks displays. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 29, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0868 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 about this
proposed rulemaking, call or email LCDR Dixon Whitley, 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 Captain
of the Port Zone Columbia River, 33 CFR 165.1315, was revised (82 FR
28556, June 23, 2017) in 2017. This proposed rule would remove 10
safety zones for inactive fireworks displays, add 1 safety zone for a
new, recurring fireworks display that was previously published as a
temporary safety zone, and update the date or location for 3 existing
fireworks displays. The purpose of this revision would provide the
public accurate information regarding safety zones for annual fireworks
displays in Captain of the Port Zone Columbia River.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231. The Captain of the Port Sector Columbia River has
determined that 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 restricting vessel movement and to reduce vessel
congregation in the proximity of the firework discharge sites.
III. Discussion of Proposed Rule
The Coast Guard proposes to remove 10 fireworks display safety
zones in 33 CFR 165.1315 that are listed in Table 1 below because the
Coast Guard has not received an application to conduct these fireworks
displays within the past 3 years.
Table 1--List of Safety Zone We Propose To Remove From 33 CFR 165.1315
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Cinco de Mayo Fireworks....... Portland, OR..... One day in May... 45[deg]30'58'' N 122[deg]40'12'' W
Newport High School Graduation Newport, OR...... One day in June.. 44[deg]36'48'' N 124[deg]04'10'' W
Fireworks.
Celebrate Milwaukie........... Milwaukie, OR.... One day in July.. 45[deg]26'33'' N 122[deg]38'44'' W
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.
Rufus 4th of July Fireworks... Rufus, OR........ One day in July.. 45[deg]41'39'' N 120[deg]45'16'' W
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
First Friday Milwaukie........ Milwaukie, OR.... One day in 45[deg]26'33'' N 122[deg]38'44'' W
September.
Willamette Falls Heritage Oregon City, OR.. One day in 45[deg]21'44'' N 122[deg]36'21'' W
Festival. October.
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Additionally, the Coast Guard proposes to add a new fireworks
display safety zone. This safety zone was previously listed as a
temporary safety zone (83 FR 30869, July 2, 2018), and after conferring
with the event sponsor,
[[Page 49029]]
it will become a recurring fireworks display. This safety zone would
cover all navigable waters within a 450 yard radius of the fireworks
barge in the Willamette River located at 45[deg]24'37'' N,
122[deg]39'30'' W in the vicinity of George Rogers Park in Lake Oswego,
OR. The following would be added to the table in 33 CFR 165.1315:
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City of Lake Oswego 4th of Lake Oswego, OR.. One day in July.. 45[deg]24'37'' N 122[deg]39'30'' W
July Fireworks.
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Finally, the Coast Guard proposes to revise three existing
fireworks display safety zones. These revisions include updating the
date for 4th of July at Pekin Ferry to more precisely describe when the
fireworks display would occur, correcting the wrong state listed for
the Independence Day at the Port and updating the location for the
Leukemia and Lymphoma Light the Night Fireworks.
These updates would eliminate any confusion caused by the fireworks
display safety zones listed in the 33 CFR165.1315 table and any
subsequent temporary safety zones resulting from changes. The
regulatory text we are proposing appears at the end of this document.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location,
duration, and time-of-day of the safety zone. 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 approximately 2
hours 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 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 Directive 023-01, which guides 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 lasting approximately two hours in duration and
would prohibit entry within 450 yards of the launch sites. Normally
such
[[Page 49030]]
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is 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 website'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
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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.
0
2. In Sec. 165.1315, revise paragraph (a) to read as follows:
(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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Portland Rose Festival Portland, OR..... One day in May or 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. June.
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, WA....... One day in July.. 46[deg]18'17'' N 124[deg]02'00'' W
Fireworks/Independence Day at
the Port.
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.
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
Winchester Bay 4th of July Winchester Bay, One day in July.. 43[deg]40'56'' N 124[deg]11'13'' W
Fireworks. OR.
Brookings, OR July 4th Brookings, OR.... One day in July.. 42[deg]02'39'' N 124[deg]16'14'' W
Fireworks.
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... Saturday before 45[deg]52'07'' N 122[deg]43'53'' W
July 4th.
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
[[Page 49031]]
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 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks. or September.
Astoria Regatta............... Astoria, OR...... One day in August 46[deg]11'34'' N 123[deg]49'28'' W
Leukemia and.................. Portland, OR..... One day in 45[deg]30'23'' N 122[deg]40'4'' W
Lymphoma Light the Night October.
Fireworks.
Veterans Day Celebration...... The Dalles, OR... One day in 45[deg]36'18'' N 121[deg]10'34'' W
November.
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* * * * *
Dated: September 24, 2018.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2018-21186 Filed 9-27-18; 8:45 am]
BILLING CODE 9110-04-P