[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68406-68407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26158]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0875]
RIN 1625-AAOO


Safety Zone; Fireworks Display, Columbia River, Richland, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within a 600-foot radius of a fireworks display on 
the Columbia River for the City of Richland Christmas Fireworks Display 
in Richland, WA. This action is necessary to provide for the safety of 
life on these navigable waters during the fireworks display. Entry of 
vessels or persons, transiting though, mooring, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port 
Sector Columbia River or a designated representative.

DATES:  This rule is effective from 7:30 p.m. through 9 p.m. on 
December 3, 2021, and from 7:30 p.m. through 9 p.m. on December 4, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0875 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Morrison, 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. The City of 
Richland did not alert the Coast Guard of the fireworks display and the 
associated safety hazards until November 9, 2021. We must establish 
this safety zone on December 3, 2021 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because an urgent 
action is needed to respond to the safety hazards associated with the 
planned fireworks display on December 3 and 4, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector 
Columbia River has determined that potential hazards associated with 
the fireworks display on December 3, 2021 and December 4, 2021, will be 
a safety concern for anyone within a 600-foot radius of the fireworks 
display. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the fireworks display is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone for the City of Richland 
Christmas Fireworks Display from 07:30 p.m. through 09 p.m. on December 
3, 2021 and from 07:30 p.m. through 09 p.m. on December 4, 2021. The 
Safety Zone will cover all navigable waters within 600-feet of the pier 
located on the Columbia River near Howard Amon Park Waterfront on 80 
Lee Boulevard, Richland, WA 99352 at approximate location 
46[deg]16'29'' N; 119[deg]16'10'' W. W. The duration of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters while the fireworks display is taking place. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of the U.S. Coast Guard Sector Columbia River.

V. Regulatory Analyses

    We developed this 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on size, location, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safetly transit around this safety zone which would impact a 
small designated area on the Columbia River for 1.5 hours during two 
consecutive evenings, when vessel traffic is normally low. Moreover the 
rule allows 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 rule 
will 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

[[Page 68407]]

zone may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 rule involves a 
safety zone lasting only 1.5 hours that will prohibit entry within 600 
feet of a fireworks display. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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 is 
amending 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1, 
Revision No. 01.2.


0
2. Add Sec.  165.T13-0875 to read as follows:


Sec.  165.T13-0875   Safety Zone; Fireworks Display, Columbia River, 
Richland, WA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Columbia River, surface to bottom, 600 feet from the 
fireworks display site at approximately 46[deg]16'29'' N; 
119[deg]16'10'' W. These coordinates are based on the pier located on 
the Columbia River near Howard Amon Park Waterfront on 80 Lee 
Boulevard, Richland, WA 99352.
    (b) Definitions. As used in this section, a designated 
representative means a designated representative is a commissioned, 
warrant, or petty officer of the U.S. Coast Guard assigned to units 
under the operational control of the U.S. Coast Guard Sector Columbia 
River.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the Captain of the 
Port Sector Columbia River (COTP) or the COTP's designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling (503) 209-2468 or the Sector Columbia River 
Command Center on Channel 16 VHF-FM. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 7:30 
p.m. through 9 p.m. on December 3, 2021, and from 7:30 p.m. through 9 
p.m. on December 4, 2021.

    Dated: November 23, 2021.
M.S. Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2021-26158 Filed 12-1-21; 8:45 am]
BILLING CODE 9110-04-P