[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53375-53377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18843]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0641]
RIN 1625-AA00


Safety Zone; Firework Event, Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Willamette River. This action is necessary to 
provide for the safety of life on these navigable waters between the 
Marquam Bridge to Hawthorne Bridge, Portland, Oregon, during a 
fireworks display on the evening of September 3, 2022. This regulation 
prohibits persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port Columbia River or a designated 
representative.

DATES: This rule is effective from 8:30 p.m. to 10 p.m. on September 3, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0641 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 about this 
rulemaking, call or email LT Sean Murphy, Waterways Management 
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
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

    On July 19, 2022, the Oregon Symphony notified the Coast Guard that 
it will be conducting a fireworks display from 9 to 9:30 p.m. on 
September 3, 2022. The fireworks are to be launched from a barge in the 
Willamette River between Marquam Bridge and Hawthorne Bridge, Portland, 
Oregon. In response, on August 3, 2022, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Safety Zone; Firework 
Event, Willamette River, Portland, OR (87 FR 47659). There we stated 
why we issued the NPRM and invited comments on our proposed regulatory 
action related to this fireworks display. During the comment period 
that ended August 19, 2022, we received no comments.
    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 impracticable and contrary to the public interest 
because immediate action is needed to protect persons and vessels from 
the safety hazards associated with the planned fireworks display on 
September 3, 2022.

[[Page 53376]]

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 Columbia 
River (COTP) has determined that potential hazards associated with the 
fireworks to be used in this September 3, 2022 display will be a safety 
concern for anyone within a 300-yard radius of the barge. The purpose 
of this rule is to ensure safety of vessels and the navigable waters in 
the safety zone before, during, and after the scheduled event.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM published 
August 3, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 8:30 p.m. to 10 p.m. on 
September 3, 2022. The safety zone covers all navigable waters within a 
300-yard radius of a barge in the Willamette River located between the 
Marquam Bridge and Hawthorne Bridge, Portland, OR. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 9 p.m. to 9:30 p.m. 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

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 the size, 
location, and duration, of the safety zone. The safety zone created by 
this rule is designed to minimize its impact on navigable waters. This 
rule prohibits entry into certain navigable waters of the Willamette 
River and is not anticipated to exceed two hours in duration. Thus, 
restrictions on vessel movement within that particular area are 
expected to be minimal. Moreover, under certain conditions vessels may 
still transit through the safety zone when permitted by the COTP. The 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone and 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 received no comments from the Small Business 
Administration on this rulemaking. 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 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 affects 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 does 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 1.5 hours that would prohibit entry within 300 
yards of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction

[[Page 53377]]

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 amends 
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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T13-0641 to read as follows:


Sec.  165.T13-0641   Safety Zone; Willamette River, Portland, OR.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Willamette River, from surface to bottom, in a 300-yard 
radius from the fireworks barge located between the Marquam Bridge and 
Hawthorne Bridge, Portland, OR.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Columbia River 
(COTP) in the enforcement of the regulations in this section.
    (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 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 designated representative.
    (3) The COTP will provide advanced notice of the regulated area via 
broadcast notice to mariners and by on-scene designated 
representatives.
    (d) Enforcement period. This section will be enforced from 8:30 
p.m. to 10 p.m. on September 3, 2022. It will be subject to enforcement 
this entire period unless the COTP determines it is no longer needed, 
in which case the Coast Guard will inform mariners via Notice to 
Mariners.

    Dated: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2022-18843 Filed 8-30-22; 8:45 am]
BILLING CODE 9110-04-P