[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Rules and Regulations]
[Pages 28556-28559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13117]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0149]
RIN 1625-AA00
Safety Zones; 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 establishing safety zones at various
locations in the Sector Columbia River Captain of the Port zone. This
action is necessary to provide for the safety of life on these
navigable waters during fireworks displays. This regulation prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector Columbia River or a designated
representative.
DATES: This rule is effective July 4, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0149 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 Laura Springer, 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 establishing five new fireworks displays to be
conducted during the 2017 season. These new safety zones are listed in
existing 33 CFR 164.1315. Additionally, the Coast Guard is
consolidating two fireworks display safety zones into the table in
Sec. 165.1315.
On April 7, 2017, 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'' (82 FR
16976). 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 8, 2017, we received one
comment. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register, due to the first newly
added fireworks display covered under this rule being conducted on July
4, 2017. Delaying this rule would be impractical as it would prevent
the Coast Guard from ensuring the safety of spectators and vessels
during the fireworks displays and immediate action is necessary to
prevent possible loss of life and property.
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 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 order to restrict
vessel movement and reduce vessel congregation in the proximity of the
firework discharge sites.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment stating, ``The Coast Guard
should establish five new fireworks display safety zones at various
locations in the Sector Columbia River Captain of the Port zone. In
addition to adding new fireworks display safety zones, this proposed
rule making would consolidate existing safety zones into one regulation
and eliminate one safety zone listed in two regulations.'' In essence,
this comment restates what the rule is seeking to accomplish. There are
no changes in the regulatory text of this rule from the proposed rule
in the NPRM.
The rule establishes five new fireworks display safety zones to
revise 33 CFR 165.1315 to include multiple locations in the Sector
Columbia River COTP Zone. The added safety zones would cover all waters
of the Oregon
[[Page 28557]]
coast, Tillamook Bay, the Columbia River and its tributaries, and the
Clatskanie River, within a 450 yard radius of the launch site at the
approximate locations listed in the table located in 33 CFR 165.1315.
The safety zones will be enforced at least 1 hour before and 1 hour
after the duration of the scheduled event. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zones. 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 less
than 1 hour 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 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
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 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. 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 rule involves safety zones that are approximately 3
hours in duration and would prohibit entry within 450 yards of the
launch sites. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and Categorical Exclusion Determination are 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 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
[[Page 28558]]
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.
Sec. 165.1314 [Removed]
0
2. Remove Sec. 165.1314.
0
3. Revise Sec. 165.1315 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
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Cinco de Mayo Fireworks....... Portland, OR.... One day in May.. 45[deg]30'58'' N..... 122[deg]40'12'' W.
Portland Rose Festival Portland, OR.... One day in May 45[deg]30'58'' N..... 122[deg]40'12'' W.
Fireworks. or June.
Newport High School Graduation Newport, OR..... One day in June. 44[deg]36'48'' N..... 124[deg]04'10'' W.
Fireworks.
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, OR...... One day in July. 46[deg]18'17'' N..... 124[deg]02'00'' W.
Fireworks/Independence Day at
the Port.
Celebrate Milwaukie........... Milwaukie, OR... One day in July. 45[deg]26'33 N....... 122[deg]38'44'' W.
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.
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.
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.
Rufus 4th of July Fireworks... Rufus, OR....... One day in July. 45[deg]41'39'' N..... 120[deg]45'16'' 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.
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.
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.. One day in July. 45[deg]52'07'' N..... 122[deg]43'53'' W.
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.
First Friday Milwaukie........ Milwaukie, OR... One day in 45[deg]26'33'' N..... 122[deg]38'44'' W.
September.
Leukemia and Lymphoma Light Portland, OR.... One day in 45[deg]31'14'' N..... 122[deg]40'06'' W.
the Night Fireworks. October.
Willamette Falls Heritage Oregon City, OR. One day in 45[deg]21'44'' N..... 122[deg]36'21'' W.
Festival. 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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[[Page 28559]]
(b) Special requirements. Fireworks barges or launch sites on land
used in locations stated in this section must display a sign. The sign
will be affixed to the port and starboard side of the barge or mounted
on a post 3 feet above ground level when on land and in close proximity
to the shoreline facing the water labeled ``FIREWORKS--DANGER--STAY
AWAY.'' This will provide on-scene notice that the safety zone is, or
will, be enforced on that day. This notice will consist of a diamond
shaped sign, 4-foot by 4-foot, with a 3-inch orange retro-reflective
border. The word ``DANGER'' will be 10-inch black block letters
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in
6-inch black block letters placed above and below the word ``DANGER''
respectively on a white background. An on-scene patrol vessel may
enforce these safety zones at least 1 hour prior to the start and 1
hour after the conclusion of the fireworks display.
(c) Notice of enforcement. These safety zones will be activated and
thus subject to enforcement, under the following conditions: The Coast
Guard must receive an Application for Marine Event for each fireworks
display; and, the Captain of the Port will cause notice of the
enforcement of these safety zones to be made by all appropriate means
to provide notice to the affected segments of the public as
practicable, in accordance with Sec. 165.7(a). The Captain of the Port
will issue a Local Notice to Mariners notifying the public of
activation and suspension of enforcement of these safety zones.
Additionally, an on-scene Patrol Commander may be appointed to enforce
the safety zones by limiting the transit of non-participating vessels
in the designated areas described in paragraph (a) of this section.
(d) Enforcement periods. This section will be enforced at least 1
hour before and 1 hour after the duration of the event each day a barge
or launch site with a ``FIREWORKS--DANGER--STAY AWAY'' sign is located
within any of the safety zones identified in paragraph (a) of this
section and meets the criteria established in paragraphs (b) and (c) of
this section.
(e) Regulations. In accordance with the general regulations in
subpart C of this part no person may enter or remain in the safety zone
created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative. The Captain of the Port may be assisted by
other Federal, State, or local agencies with the enforcement of the
safety zone.
(f) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River
Command Center via telephone at (503) 861-6211.
Sec. 165.1316 [Removed]
0
4. Remove Sec. 165.1316.
Dated: June 16, 2017.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2017-13117 Filed 6-22-17; 8:45 am]
BILLING CODE 9110-04-P