[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
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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.
----------------------------------------------------------------------------------------------------------------

    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

0
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


