[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25835-25838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07779]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0253]
RIN 1625-AA00


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

AGENCY: Coast Guard, Department of Homeland Security (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 12 existing 
safety zones, adding 2 safety zones for fireworks displays that were 
previously published under temporary regulations, and reordering the 
table alphabetically. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 13, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0253 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Carlie Gilligan, Sector 
Columbia River Waterways Management Division, U.S. 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

    The Coast Guard proposes to revise its regulation for recurring 
fireworks displays in the geographic boundaries of the Thirteenth Coast 
Guard District Sector Columbia River Captain of the Port (COTP) Zone, 
33 CFR 165.1315. This proposed rule would update the name of 10 events, 
update the date or location of 2 events, add 2 safety zones for new, 
recurring fireworks displays that were previously published as 
temporary safety zones, and reorder the table alphabetically. The 
purpose of this revision is to provide the public accurate information 
regarding safety zones for annual fireworks displays in the Captain of 
the Port Zone Columbia River Zone.
    The Coast Guard proposes this rulemaking under authority in 46 
U.S.C. 70034. 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 events. Because firework discharge sites pose a 
potential hazard to the maritime public, these safety zones are 
necessary to restrict vessel movement and reduce vessel congregation 
near firework discharge sites.

III. Discussion of Proposed Rule

    The Coast Guard proposes to revise safety zone regulations 
designated in the table in 33 CFR 165.1315(a). Specifically, this rule 
would alphabetize the events, make minor updates to the names of 10 
events, update the location of 1 event (Newport 4th of July), update 
the typical date of 1 event (The 4th of July at Pekin Ferry), and add 
two events (Umatilla Landing Days and City of Richland Lighted Boat 
Parade Festival).
    The Umatilla Landing Days safety zone was previously issued as a 
temporary final rule (88 FR 32966, May 23, 2023), and after conferring 
with the event sponsor, the Coast Guard has learned it will be a 
recurring fireworks display. This safety zone would cover all navigable 
waters within a 400-foot radius of the fireworks launch site in 
Umatilla, OR, located at 45[deg]55'37'' N, 119[deg]19'47'' W.
    On November 29, 2023, the Coast Guard announced the creation of 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, which ended December 2, 
2023. A copy of the announcement is available in the Docket USCG-2024-
0253, which can be found using instructions in the ADDRESSES section. 
After conferring with the event sponsor, the Coast Guard has learned it 
will become a recurring fireworks display. This new reoccurring safety 
zone would cover all navigable waters within a 600-foot radius of the 
fireworks launch site in Richland, WA, located at 46[deg]16'29'' N, 
119[deg]16'10'' W.
    Finally, the Coast Guard is revising twelve 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 will occur, updating the location for Newport 4th of July, and 
making minor name updates to the following events: Brookings, OR July 
4th Celebration; Port of Cascade Locks 4th of July Fireworks; Bald 
Eagle Days; City of Coos Bay July 4th Celebration/Fireworks Over the 
Bay; The Dalles Area Fourth of July; Ilwaco July 4th Committee 
Fireworks/Independence Day at the Port; Tri-City Chamber of Commerce 
Fireworks/Kennewick River of Fire Festival; City of Rainier/Rainier 
Days; City of St. Helens 4th of July Fireworks; and Cedco Inc./The Mill 
Casino Independence Day. These updates will eliminate confusion caused 
by the fireworks display safety zones listed in the 33 CFR 165.1315 
table and any subsequently issued temporary safety zones resulting from 
changes to the dates or locations of the events. 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. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of day of the events. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM 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,

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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 proposed 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 proposed 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. 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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 various times that would prohibit entry within defined 
areas. Normally such 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. 1. A preliminary 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. 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 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.

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0253 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. In Sec.  165.1315, revise and republish paragraph (a) 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:

                                            Table 1 to Paragraph (a)
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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    45[deg]30'58'' N       122[deg]40'12'' W
 Fireworks.                                        or June.
The 4th of July at Pekin Ferry  Ridgefield, WA..  One day in June   45[deg]52'07'' N       122[deg]43'53'' W
                                                   or July.
Umatilla Landing Days.........  Umatilla, OR....  One day in June.  45[deg]55'37'' N       119[deg]19'47'' W
Astoria-Warrenton 4th of July   Astoria, OR.....  One day in July.  46[deg]11'34'' N       123[deg]49'28'' W
 Fireworks.
Bandon 4th of July............  Bandon, OR......  One day in July.  43[deg]07'29'' N       124[deg]25'05'' W
Brookings July 4th Celebration  Brookings, OR...  One day in July.  42[deg]02'39'' N       124[deg]16'14'' W
Cascade Locks 4th of July       Cascade Locks,    One day in July.  45[deg]40'15'' N       121[deg]53'43'' W
 Fireworks.                      OR.
Cathlamet Bald Eagle Days.....  Cathlamet, WA...  One day in July.  46[deg]12'14'' N       123[deg]23'17'' W
Clatskanie Heritage Days        Clatskanie, OR..  One day in July.  46[deg]6'17'' N        123[deg]12'02'' W
 Fireworks.
Fireworks Over the Bay........  Coos Bay, OR....  One day in July.  43[deg]22'06'' N       124[deg]12'24'' W
Florence Independence Day       Florence, OR....  One day in July.  43[deg]58'09'' N       124[deg]05'50'' W
 Celebration.
Fort Dalles Fourth of July....  The Dalles, OR..  One day in July.  45[deg]36'18'' N       121[deg]10'23'' W
Gardiner 4th of July..........  Gardiner, OR....  One day in July.  43[deg]43'55'' N       124[deg]06'48'' W
Garibaldi Days Fireworks......  Garibaldi, OR...  One day in July.  45[deg]33'13'' N       123[deg]54'56'' W
Hood River 4th of July........  Hood River, OR..  One day in July.  45[deg]42'58'' N       121[deg]30'32'' W
Huntington 4th of July........  Huntington, OR..  One day in July.  44[deg]18'02'' N       117[deg]13'33'' W
Ilwaco Independence Day at the  Ilwaco, WA......  One day in July.  46[deg]18'17'' N       124[deg]02'00'' W
 Port.
Independence Day at the Fort    Vancouver, WA...  One day in July.  45[deg]36'57'' N       122[deg]40'09'' W
 Vancouver.
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.
Kennewick River of Fire         Kennewick, WA...  One day in July.  46[deg]13'37'' N       119[deg]08'47'' W
 Fireworks.
Lincoln City 4th of July......  Lincoln City, OR  One day in July.  44[deg]55'28'' N       124[deg]01'31'' W
Newport 4th of July...........  Newport, OR.....  One day in July.  44[deg]37'31'' N       124[deg]02'5'' W
Oaks Park Association 4th of    Portland, OR....  One day in July.  45[deg]28'22'' N       122[deg]39'59'' W
 July.
Port Orford 4th of July         Port Orford, OR.  One day in July.  42[deg]44'31'' N       124[deg]29'30'' W
 Jubilee.
Rainier Days in the Park......  Rainier, OR.....  One day in July.  46[deg]05'46'' N       122[deg]56'18'' W
Roseburg Hometown 4th of July.  Roseburg, OR....  One day in July.  43[deg]12'58'' N       123[deg]22'10'' W
Splash Aberdeen Waterfront      Aberdeen, WA....  One day in July.  46[deg]58'40'' N       123[deg]47'45'' W
 Festival.
St. Helens 4th of July          St. Helens, OR..  One day in July.  45[deg]51'54'' N       122[deg]47'26'' W
 Fireworks.
The Mill Casino Independence    North Bend, OR..  One day in July.  43[deg]23'42'' N       124[deg]12'55'' W
 Day.
Toledo Summer Festival........  Toledo, OR......  One day in July.  44[deg]37'08'' N       123[deg]56'24'' W
Waldport 4th of July..........  Waldport, OR....  One day in July.  44[deg]25'31'' N       124[deg]04'44'' W
Washougal 4th of July.........  Washougal, WA...  One day in July.  45[deg]34'32'' N       122[deg]22'53'' W
Waterfront Blues Festival       Portland, OR....  One day in July.  45[deg]30'42'' N       122[deg]40'14'' 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.
Westport 4th of July..........  Westport, WA....  One day in July.  46[deg]54'17'' N       124[deg]05'59'' W
Winchester Bay 4th of July      Winchester Bay,   One day in July.  43[deg]40'56'' N       124[deg]11'13'' W
 Fireworks.                      OR.
Yachats 4th of July...........  Yachats, OR.....  One day in July.  44[deg]18'38'' N       124[deg]06'27'' W
Astoria Regatta...............  Astoria, OR.....  One day in        46[deg]11'34'' N       123[deg]49'28'' W
                                                   August.
Oregon Symphony Concert         Portland, OR....  One day in        45[deg]30'42'' N       122[deg]40'14'' W
 Fireworks.                                        August or
                                                   September.
Leukemia and Lymphoma Light     Portland, OR....  One day in        45[deg]30'23'' N       122[deg]40'4'' W
 the Night Fireworks.                              October.
Veterans Day Celebration......  The Dalles, OR..  One day in        45[deg]36'18'' N       121[deg]10'34'' W
                                                   November.
City of Richland Lighted Boat   Richland, WA....  One weekend in    46[deg]16'29'' N       119[deg]16'10'' W
 Parade Fireworks.                                 December.
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* * * * *

    Dated: April 6, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2024-07779 Filed 4-11-24; 8:45 am]
BILLING CODE 9110-04-P