[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Rules and Regulations]
[Pages 47464-47467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12047]


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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, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulations establishing 
safety zones for annual fireworks displays in the Captain of the Port 
Zone Columbia River. This action updates 12 existing safety zones, 
adding 2 safety zones for fireworks displays that were previously 
published under temporary regulations, and reordering the table 
alphabetically.

DATES: This rule is effective July 3, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0253 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 rule, 
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

[[Page 47465]]

II. Background Information and Regulatory History

    On April 12, 2024, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zone; Annual Fireworks Displays Within 
the Columbia River Captain of the Port Zone (89 FR 25835). 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 May 13, 2024, we received 1 comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 comment on our NPRM published April 
12, 2024. However, the concerns were unrelated to the proposed 
revisions and outside of the scope of Coast Guard authority. There are 
no changes in the regulatory text of this rule from the proposed rule 
in the NPRM.
    This rule revises the safety zone regulations designated in the 
table in 33 CFR 165.1315(a). Specifically, this rule alphabetizes the 
events, makes minor updates to the names of 10 events, updates the 
location of 1 event (Newport 4th of July), updates the typical date of 
1 event (The 4th of July at Pekin Ferry), and adds 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 covers 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 issued a rulemaking creating 
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. A copy of the 
rulemaking that ended December 2, 2023 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 covers 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 are intended to 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 appears at the end of this document.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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, duration, and time-of day of the events. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM and the rule 
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 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 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

[[Page 47466]]

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 
safety zones lasting various times that will 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 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, 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:

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    Event name (typically)        Event location     Date of event          Latitude              Longitude
----------------------------------------------------------------------------------------------------------------
Portland Rose Festival          Portland, OR.....  One day in May or  45[deg]30'58'' N      122[deg]40'12'' W
 Fireworks.                                         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, OR  One day in July..  45[deg]40'15'' N      121[deg]53'43'' W
 Fireworks.
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.

[[Page 47467]]

 
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 August  46[deg]11'34'' N      123[deg]49'28'' W
Oregon Symphony Concert         Portland, OR.....  One day in August  45[deg]30'42'' N      122[deg]40'14'' W
 Fireworks.                                         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.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 23, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2024-12047 Filed 5-31-24; 8:45 am]
BILLING CODE 9110-04-P