[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62259-62262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26151]


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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: Final rule.

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SUMMARY: The Coast Guard is revising the regulation for safety zones 
for annual fireworks displays in the Captain of the Port Zone Columbia 
River. This action is necessary to provide for the safety of life on 
navigable waters during the fireworks displays. This rule includes 
updating 3 existing safety zones, adding 1 safety zone for a fireworks 
display that was previously published as a temporary regulation, and 
removing 10 safety zones for inactive fireworks displays.

DATES: This rule is effective January 2, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0868 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 Information and Regulatory History

    The Coast Guard is amending the regulation for safety zones for 
annual fireworks displays in the Captain of the Port Zone Columbia 
River, 33 CFR 165.1315. This rule is removing 10 safety zones for 
inactive fireworks displays, adding 1 safety zone for a new, recurring 
fireworks display for which we previously issued a temporary safety 
zone, and updating the date or location for 3 existing fireworks 
displays.
    On September 28, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled, ``Safety Zone; Annual Fireworks 
Displays within the Sector Columbia River Captain of the Port Zone'' 
(83 FR 49028). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to annual fireworks 
displays. During the comment period that ended October 29, 2018, we 
received four comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Columbia River (COTP) has determined that 
potential hazards associated with the 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 order to restrict vessel movement and 
reduce vessel congregation in the proximity of the firework discharge 
sites. 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 events and provides the public accurate information regarding 
safety zones for annual fireworks displays in the Captain of the Port 
Zone Columbia River.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received four comments on our NPRM published 
September 28, 2018. The first comment suggested establishing new safety 
zones to replace the 10 inactive safety zones this rule is removing. 
There has been no indication from the sponsors of these events that 
they plan to continue them and our office has not received any 
additional information to warrant the addition of replacement safety 
zones. The second and third comments contained no suggested changes or 
recommendations. The fourth comment supported the creation of this 
rule. There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    The Coast Guard is removing 10 fireworks display safety zones in 33 
CFR 165.1315 that are listed in Table 1 below because there has been no 
indication from the sponsors of these events that they plan to continue 
them.

[[Page 62260]]



                        Table 1--List of Safety Zone We Are Removing 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 is adding a new fireworks display 
safety zone. We previously issued a temporary safety zone (83 FR 30869, 
July 2, 2018) for that event, and after conferring with the event 
sponsor, we determined it will become a recurring fireworks display. 
This safety zone will cover all navigable waters within a 450-yard 
radius of the fireworks barge in the Willamette River located at 
approximately 45[deg]24'37'' N, 122[deg]39'30'' W in the vicinity of 
George Rogers Park in Lake Oswego, OR. The following will be added to 
the table in 33 CFR 165.1315:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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 is revising 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 will 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 will eliminate any 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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 will be 
able to safely transit around these safety zones which will 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 will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zones, 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 zones 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 
contact 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

[[Page 62261]]

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 Order13132.
    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. If 
you believe this 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 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 and Commandant Instruction M16475.1D, 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 less approximately two hours in duration that will 
prohibit entry within 450 yards of fireworks launch sites. 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. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.

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:  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:


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    45[deg]30'58'' N       122[deg]40'12'' W
 Fireworks.                                        or 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,    One day in July.  45[deg]40'15'' N       121[deg]53'43'' W
 July Fireworks.                 OR.
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

[[Page 62262]]

 
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
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        45[deg]30'42'' N       122[deg]40'14'' W
 Fireworks.                                        August or
                                                   September.
Astoria Regatta...............  Astoria, OR.....  One day in        46[deg]11'34'' N       123[deg]49'28'' W
                                                   August.
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.
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* * * * *

    Dated: November 27, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port Columbia River.
[FR Doc. 2018-26151 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P


