Safety Zones; Fireworks Displays in the Sector Columbia River Captain of the Port Zone, 34669-34674 [2014-14239]

Download as PDF Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Proposed Rules Send submissions to: CC:PA:LPD:PR (REG–121542–14), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–121542– 14), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS REG–121542– 14). FOR FURTHER INFORMATION CONTACT: Concerning submission of comments, Oluwafunmilayo (Funmi) Taylor, (202) 317–6901; concerning the proposed regulations, A M Gulas, (202) 317–6834 (not toll-free numbers). SUPPLEMENTARY INFORMATION: ADDRESSES: emcdonald on DSK67QTVN1PROD with PROPOSALS Background and Explanation of Provisions The temporary regulations in the Rules and Regulations section of this issue of the Federal Register amend Procedure and Administration Regulations (26 CFR part 301) promulgated under section 7602 of the Internal Revenue Code. The text of the temporary regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains these proposed regulations. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13563. Therefore, a regulatory assessment is not required. The IRS has also determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose an information collection on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Therefore, a regulatory flexibility analysis is not required. Pursuant to section 7805(f) of the Internal Revenue Code, the IRS will submit the proposed regulations to the Chief Counsel for Advocacy of the Small Business Administration for comments about the regulations’ impact on small business. regulations. All comments will be available for public inspection and copying. The IRS will schedule a public meeting if one is requested, in writing, by a person who submits written comments. If the IRS does schedule a public hearing, the IRS will publish notice of the date, time, and place for the public hearing in the Federal Register. 17:25 Jun 17, 2014 Jkt 232001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0300] RIN 1625–AA00 Drafting Information The principal author of these regulations is A M Gulas of the Office of Associate Chief Counsel (Procedure and Administration). Safety Zones; Fireworks Displays in the Sector Columbia River Captain of the Port Zone AGENCY: List of Subjects in 26 CFR Part 301 Employment taxes, estate taxes, excise taxes, gift taxes, income taxes, penalties, reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: PART 301—PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 continues to read in part as follows: ■ Authority: 26 U.S.C. 7805 * * * Par. 2. In § 301.7602–1, new paragraph (b)(3) is added to read as follows: ■ § 301.7602–1 witnesses. Examination of books and * * * * * (b) * * * (3) [The text of proposed § 301.7602– 1(b)(3) is the same as the text of § 301.7602–1T(b)(3) published elsewhere in this issue of the Federal Register]. * * * * * Heather C. Maloy, Acting Deputy Commissioner for Services and Enforcement. [FR Doc. 2014–14264 Filed 6–17–14; 8:45 am] BILLING CODE 4830–01–P Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final, the IRS will consider any written (signed original and 8 copies) or electronic comments timely submitted. The IRS requests comments on all aspects of these proposed VerDate Mar<15>2010 34669 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 ACTION: Coast Guard, DHS. Notice of proposed rulemaking. The Coast Guard proposes to add twenty four new fireworks events at various locations in the Sector Columbia River Captain of the Port zone. The Coast Guard also proposes to correct the location of some existing fireworks events in the Sector Columbia River Captain of the Port zone. In addition, the Coast Guard proposes to change the format of the existing regulation by using a table to list each fireworks. When these safety zones are activated and subject to enforcement, this rule would limit the movement of vessels within the established firework display areas. These additional safety zones and corrections to existing safety zones are necessary to prevent injury and to protect life and property of the maritime public from hazards associated with fireworks displays. DATES: Comments and related material must be received by the Coast Guard on or before July 18, 2014. Requests for public meetings must be received by the Coast Guard on or before June 25, 2014. ADDRESSES: You may submit comments identified by docket number USCG– 2014-xxxx using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. SUMMARY: E:\FR\FM\18JNP1.SGM 18JNP1 34670 Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Proposed Rules If you have questions on this rule, call or email LTJG Ian McPhillips, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503–240–9319, email msupdxwwm@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments 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. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG–2014–0300] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov type the docket number [USCG–2014–0300] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not plan on holding a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Basis and Purpose The legal basis for these proposed regulations is 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to establish regulatory safety zones for safety and environmental purposes. These proposed regulations are necessary to promote the safety of life on navigable waterways during various fireworks events located within the Captain of the Port Sector Columbia River zone. C. Discussion of Proposed Rule Fireworks displays create hazardous conditions for the maritime public because of the large number of vessels that congregate near the displays, as well as the noise, falling debris, and explosions that occur during the event. Because fireworks discharge sites can pose a hazard to the maritime public, these proposed regulations are necessary in order to restrict vessel movement and reduce vessel congregation in the proximity of the fireworks discharge sites. The proposed corrections to the locations of some of the fireworks events listed in 33 CFR 165.1315 as well as the additional 24 safety zones proposed in this NPRM would be implemented to help ensure the safe navigation of maritime traffic in the Sector Columba River Area of Responsibility during fireworks displays. This rule also proposes to amend the following fireworks displays into a table format and update some event positions in order to accurately reflect the coordinates of the fireworks displays listed in 33 CFR 165.1315: emcdonald on DSK67QTVN1PROD with PROPOSALS Event name (typically) Event location Date of event Cinco de Mayo Fireworks Display ................................. Portland Rose Festival Fireworks Display ..................... Portland, OR ............... Portland, OR ............... Tri-City Chamber of Commerce Fireworks Display, Columbia Park. Cedco Inc. Fireworks Display ........................................ Astoria-Warrenton 4th of July Fireworks ........................ Waterfront Blues Festival Fireworks .............................. Oregon Symphony Concert Fireworks Display .............. Kennewick, WA ........... North Bend, OR .......... Astoria, OR ................. Portland, OR ............... Portland, OR ............... Florence Independence Day Celebration ...................... Florence, OR ............... VerDate Mar<15>2010 17:25 Jun 17, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Latitude Longitude One day in May ........... One day in May or June. One day in July ........... 45°30′55″ N 45°30′58″ N 122°40′13″ W 122°40′12″ W 46°13′47″ N 119°08′47″ W One day in July ........... One day in July ........... One day in July ........... One day in August or September. One day in July ........... 43°23′45″ 46°11′34″ 45°30′24″ 45°30′42″ 124°12′50″ 123°49′28″ 122°40′04″ 122°40′14″ E:\FR\FM\18JNP1.SGM N N N N 43°58′10″ N 18JNP1 W W W W 124°05′50″ W 34671 Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Proposed Rules Event name (typically) Event location Date of event Oaks Park Association ................................................... City of Rainier/Rainier Days ........................................... Ilwaco July 4th Committee Fireworks/Independence Day at the Port. Celebrate Milwaukie ....................................................... Splash Aberdeen Waterfront Festival ............................ City of Coos Bay July 4th Celebration/Fireworks Over the Bay. Arlington 4th of July ....................................................... East County 4th of July Fireworks ................................. Port of Cascade Locks 4th of July Fireworks Display ... Astoria Regatta ............................................................... Washougal 4th of July .................................................... City of St. Helens 4th of July Fireworks Display ........... Waverly Country Club 4th of July Fireworks Display .... Booming Bay Fireworks ................................................. Hood River 4th of July ................................................... Rufus 4th of July Fireworks ........................................... Portland, OR ............... Rainier, OR ................. Ilwaco, OR .................. This rule proposes to add twenty four new fireworks display locations, and proposes to change the title of 33 CFR 165.1315 to ‘‘Safety Zones; Annual Latitude Longitude One day in July ........... One day in July ........... One day in July ........... 45°28′22″ N 46°05′46″ N 46°18′17″ N 122°39′59″ W 122°56′18″ W 124°01′55″ W Milwaukie, OR ............. Aberdeen, WA ............. Coos Bay, OR ............. One day in July ........... One day in July ........... One day in July ........... 45°26′33 N 46°58′40″ N 43°22′06″ N 122°38′44″ W 123°47′45″ W 124°12′24″ W Arlington, OR .............. Gresham, OR .............. Cascade Locks, OR .... Astoria, OR ................. Washougal, WA .......... St. Helens, OR ............ Milwaukie, OR ............. Westport, WA .............. Hood River, OR ........... Rufus, OR ................... One One One One One One One One One One 45°43′23″ 45°33′33″ 45°40′15″ 46°11′34″ 45°34′32″ 45°51′51″ 45°27′03″ 46°54′14″ 45°42′58″ 45°41′30″ 120°12′11 W 122°27′03″ W 121°53′43″ W 123°49′28″ W 122°22′53″ W 122°47′22″ W 122°39′18″ W 124°06′08″ W 121°30′31″ W 120°45′47″ W Newport High School Graduation Fireworks Display ..... Willamette Falls Heritage Festival .................................. Winchester Bay 4th of July Fireworks Display .............. Brookings, OR July 4th Fireworks Display .................... Maritime Heritage Festival ............................................. Lynch Picnic ................................................................... Yachats 4th of July ......................................................... Lincoln City 4th of July ................................................... July 4th Party at the Port of Gold Beach ....................... Gardiner 4th of July ........................................................ Huntington 4th of July .................................................... Toledo Summer Festival ................................................ Port Orford 4th of July .................................................... Hood River 4th of July ................................................... The Dalles Area Chamber of Commerce Fourth of July Roseburg Hometown 4th of July .................................... Newport 4th of July ........................................................ First Friday Milwaukie .................................................... The Mill Casino Independence Day ............................... Waldport 4th of July ....................................................... Westport 100th Anniversary ........................................... Westport 4th of July ....................................................... The 4th of July at Perkin Ferry ...................................... Leukemia and ................................................................. Lymphoma Light the Night Fireworks Display ............... emcdonald on DSK67QTVN1PROD with PROPOSALS Event location Newport, OR ............... Oregon City, OR ......... Winchester Bay, OR ... Brookings, OR ............. St. Helens, OR ............ West Linn, OR ............ Yachats, OR ................ Lincoln City, OR .......... Gold Beach, OR .......... Gardiner, OR ............... Huntington, OR ........... Toledo, OR .................. Port Orford, OR ........... Hood River, OR ........... The Dalles, OR ........... Roseburg, OR ............. Newport, OR ............... Milwaukie, OR ............. North Bend, OR .......... Waldport, OR .............. Westport, WA .............. Westport, WA .............. Ridgefield, WA ............ Portland, OR ............... VerDate Mar<15>2010 17:25 Jun 17, 2014 Jkt 232001 in in in in in in in in in in July ........... July ........... July ........... August ...... July ........... July ........... July ........... July ........... July ........... July ........... Fireworks Displays within the Sector Columbia River Captain of the Port Zone.’’ 33 CFR 3.65–15. Event name (typically) These safety zones will extend on and under the waters, 450 yards from the radius of the launch site described above. This zone size allows for the use of up to a 16″ mortar shell in annual fireworks displays. These zones are nominal in size and are typically positioned in areas which allow for transit around the zone. Thus, these zones have an inconsequential impact on the majority of waterway users. These zones are also short in duration and waterway users will be permitted to enter or transit through the zone when day day day day day day day day day day This rule proposes to add the following fireworks displays: Date of event One One One One One One One One One One One One One One One One One One One One One One One One day day day day day day day day day day day day day day day day day day day day day day day day in in in in in in in in in in in in in in in in in in in in in in in in D. 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 or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Frm 00031 Fmt 4702 Sfmt 4702 Latitude June ......... October .... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... September July ........... July ........... June ......... July ........... July ........... October ..... deemed safe by the on-scene patrol commander. PO 00000 N N N N N N N N N N 44°36′48″ 45°21′44″ 43°40′56″ 42°02′39″ 45°51′51″ 45°23′43″ 44°18′38″ 44°55′28″ 42°25′26″ 43°43′55″ 44°18′02″ 44°37′08″ 42°44′31″ 45°42′58″ 45°36′18″ 43°12′59″ 44°37′41″ 45°26′33″ 43°23′41″ 44°25′31″ 46°54′17″ 46°54′17″ 45°52′06″ 45°31′13″ N N N N N N N N N N N N N N N N N N N N N N N N Longitude 124°04′10″ 122°36′21″ 124°11′13″ 124°16′14″ 122°47′22″ 122°37′58″ 124°06′27″ 124°01′31″ 124°25′03″ 124°06′48″ 117°13′33″ 123°56′24″ 124°29′30″ 121°30′31″ 121°10′23″ 123°22′13″ 124°02′54″ 122°38′44″ 124°12′49″ 124°04′44″ 124°05′57″ 124°05′57″ 122°43′53″ 122°40′13″ W W W W W W W W W W W W W W W W W W W W W W W W Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard bases this finding on the fact that the safety zones listed will be in place for a limited period of time and are minimal in duration. E:\FR\FM\18JNP1.SGM 18JNP1 34672 Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Proposed Rules 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this proposed rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. (1) This rule may affect the following entities, some of which may be small entities: The owners and operators of vessels intending to operate in the area covered by the safety zone. The rule will not have a significant economic impact on a substantial number of small entities because the safety zones will only be in effect for a limited period of time. Additionally, vessels can still transit through the zone with the permission of the Captain of the Port. Before the effective period, we will publish advisories in the Local Notice to Mariners available to users of the river. Maritime traffic will be able to schedule their transits around the safety zone. 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. emcdonald on DSK67QTVN1PROD with PROPOSALS 3. Assistance for Small Entities 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, above. 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. 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. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship VerDate Mar<15>2010 17:25 Jun 17, 2014 Jkt 232001 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 determined that this rule does not have implications for federalism. 6. 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. 7. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children From Environmental Health Risks 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. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 (NEPA)(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 the amendment to existing safety zones to reflect the correct position of the fireworks launch location and the addition of safety zones in 33 CFR 165.1315. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a 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 proposed rule. We have analyzed this proposed rule under Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. List of Subjects in 33 CFR Part 165 11. Indian Tribal Governments PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination With Indian Tribal PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 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: 1. The authority citation for part 165 continues to read as follows: ■ E:\FR\FM\18JNP1.SGM 18JNP1 Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Proposed Rules Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Revise subpart § 165.1315 to read as follows: ■ § 165.1315 Safety Zones; Annual Fireworks Displays within the Sector Columbia River Captain of the Port Zone. River, Yaquina River, Umpqua River as well as Washington and Oregon coasts, extending to a 450 yard radius with a 50 yard variation from the following launch sites: (a) Safety Zones. The following areas are designated safety zones: All waters of the Columbia River and its tributaries. All waters of the Siuslaw Event name (typically) Event location Date of event Cinco de Mayo Fireworks Display ................................. Portland Rose Festival Fireworks Display ..................... Portland, OR ............... Portland, OR ............... Tri-City Chamber of Commerce Fireworks Display, Columbia Park. Cedco Inc. Fireworks Display ........................................ Astoria-Warrenton 4th of July Fireworks ........................ Waterfront Blues Festival Fireworks .............................. Oregon Symphony Concert Fireworks Display .............. Kennewick, WA ........... emcdonald on DSK67QTVN1PROD with PROPOSALS Florence Independence Day Celebration ...................... Oaks Park Association ................................................... City of Rainier/Rainier Days ........................................... Ilwaco July 4th Committee Fireworks/Independence Day at the Port. Celebrate Milwaukie ....................................................... Splash Aberdeen Waterfront Festival ............................ City of Coos Bay July 4th/Fireworks Over the Bay ....... Arlington 4th of July ....................................................... East County 4th of July Fireworks ................................. Port of Cascade Locks 4th of July Fireworks Display ... Astoria Regatta ............................................................... Washougal 4th of July .................................................... City of St. Helens 4th of July Fireworks Display ........... Waverly Country Club 4th of July Fireworks Display .... Booming Bay Fireworks ................................................. Hood River 4th of July ................................................... Rufus 4th of July Fireworks ........................................... Leukemia and Lymphoma Light the Night Fireworks Display. Newport High School Graduation Fireworks Display ..... Willamette Falls Heritage Festival .................................. Winchester Bay 4th of July Fireworks Display .............. Brookings, OR July 4th Fireworks Display .................... Maritime Heritage Festival ............................................. Lynch Picnic ................................................................... Yachats 4th of July ......................................................... Lincoln City 4th of July ................................................... July 4th Party at the Port of Gold Beach ....................... Gardiner 4th of July ........................................................ Huntington 4th of July .................................................... Toledo Summer Festival ................................................ Port Orford 4th of July .................................................... Hood River 4th of July ................................................... The Dalles Area Chamber of Commerce Fourth of July Roseburg Hometown 4th of July .................................... Newport 4th of July ........................................................ First Friday Milwaukie .................................................... The Mill Casino Independence Day ............................... Waldport 4th of July ....................................................... Westport 100th Anniversary ........................................... Westport 4th of July ....................................................... The 4th of July at Perkin Ferry ...................................... (b) Special requirements. Fireworks barges or launch sites on land used in locations stated in this rule shall 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 VerDate Mar<15>2010 17:25 Jun 17, 2014 Jkt 232001 Latitude Longitude One day in May ........... One day in May or June. One day in July ........... 45°30′55″ N 45°30′58″ N 122°40′13″ W 122°40′12″ W 46°13′47″ N 119°08′47″ W 43°23′45″ 46°11′34″ 45°30′24″ 45°30′42″ N N N N 124°12′50″ 123°49′28″ 122°40′04″ 122°40′14″ W W W W Florence, OR ............... Portland, OR ............... Rainier, OR ................. Ilwaco, OR .................. One day in July ........... One day in July ........... One day in July ........... One day in August or September. One day in July ........... One day in July ........... One day in July ........... One day in July ........... 43°58′10″ 45°28′22″ 46°05′46″ 46°18′17″ N N N N 124°05′50″ 122°39′59″ 122°56′18″ 124°01′55″ W W W W Milwaukie, OR ............. Aberdeen, WA ............. Coos Bay, OR ............. Arlington, OR .............. Gresham, OR .............. Cascade Locks, OR .... Astoria, OR ................. Washougal, WA .......... St. Helens, OR ............ Milwaukie, OR ............. Westport, WA .............. Hood River, OR ........... Rufus, OR ................... Portland, OR ............... One One One One One One One One One One One One One One day day day day day day day day day day day day day day in in in in in in in in in in in in in in July ........... July ........... July ........... July ........... July ........... July ........... August ...... July ........... July ........... July ........... July ........... July ........... July ........... October ..... 45°26′33 N 46°58′40″ N 43°22′06″ N 45°43′23″ N 45°33′33″ N 45°40′15″ N 46°11′34″ N 45°34′32″ N 45°51′51″ N 45°27′03″ N 46°54′14″ N 45°42′58″ N 45°41′30″ N 45°31′13″ N 122°38′44″ W 123°47′45″ W 124°12′24″ W 120°12′11 W 122°27′03″ W 121°53′43″ W 123°49′28″ W 122°22′53″ W 122°47′22″ W 122°39′18″ W 124°06′08″ W 121°30′31″ W 120°45′47″ W 122°40′13″ W Newport, OR ............... Oregon City, OR ......... Winchester Bay, OR ... Brookings, OR ............. St. Helens, OR ............ West Linn, OR ............ Yachats, OR ................ Lincoln City, OR .......... Gold Beach, OR .......... Gardiner, OR ............... Huntington, OR ........... Toledo, OR .................. Port Orford, OR ........... Hood River, OR ........... The Dalles, OR ........... Roseburg, OR ............. Newport, OR ............... Milwaukie, OR ............. North Bend, OR .......... Waldport, OR .............. Westport, WA .............. Westport, WA .............. Ridgefield, WA ............ One One One One One One One One One One One One One One One One One One One One One One One day day day day day day day day day day day day day day day day day day day day day day day in in in in in in in in in in in in in in in in in in in in in in in June ......... October .... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... July ........... September July ........... July ........... June ......... July ........... July ........... 44°36′48″ 45°21′44″ 43°40′56″ 42°02′39″ 45°51′51″ 45°23′43″ 44°18′38″ 44°55′28″ 42°25′26″ 43°43′55″ 44°18′02″ 44°37′08″ 42°44′31″ 45°42′58″ 45°36′18″ 43°12′59″ 44°37′41″ 45°26′33″ 43°23′41″ 44°25′31″ 46°54′17″ 46°54′17″ 45°52′06″ 124°04′10″ 122°36′21″ 124°11′13″ 124°16′14″ 122°47′22″ 122°37′58″ 124°06′27″ 124°01′31″ 124°25′03″ 124°06′48″ 117°13′33″ 123°56′24″ 124°29′30″ 121°30′31″ 121°10′23″ 123°22′13″ 124°02′54″ 122°38′44″ 124°12′49″ 124°04′44″ 124°05′57″ 124°05′57″ 122°43′53″ North Bend, OR .......... Astoria, OR ................. Portland, OR ............... Portland, OR ............... 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’ shall be 10 inch black PO 00000 34673 Frm 00033 Fmt 4702 Sfmt 4702 N N N N N N N N N N N N N N N N N N N N N N N W W W W W W W W W W W W W W W W W W W W W W W 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 E:\FR\FM\18JNP1.SGM 18JNP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 34674 Federal Register / Vol. 79, No. 117 / Wednesday, June 18, 2014 / Proposed Rules 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 and approve a marine event permit for each fireworks display and then 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 33 CFR 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 above. (d) Regulations. In accordance with the general regulations in 33 CFR part 165, subpart C, no vessel operator may enter, transit, moor, or anchor within this safety zone, except for vessels authorized by the Captain of the Port or Designated Representative. (e) 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. (f) Enforcement period. This rule 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 above designated safety zone locations and meets the criteria established in paragraphs (a), (b), and (c). (g) Contact information. Questions about safety zones and related events should be addressed to COMMANDER (spw), MARINE SAFETY UNIT PORTLAND, Attention: Waterways Management Division, 6767 N. Basin Ave, Portland, OR 97217–3992. Dated: April 23, 2014. B.C. Jones, Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River. [FR Doc. 2014–14239 Filed 6–17–14; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 17:25 Jun 17, 2014 Jkt 232001 33 CFR Part 165 (904) 564–7549, email Alisa.L.Praskovich@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. [Docket Number USCG–2014–0152] SUPPLEMENTARY INFORMATION: RIN 1625–AA00; 1625–AA87 Table of Acronyms Safety and Security Zones, Jacksonville Captain of the Port Zone DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking DEPARTMENT OF HOMELAND SECURITY Coast Guard Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify several aspects of the safety and security zones within the Sector Jacksonville Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety and security zone regulations to eliminate unnecessary regulations and better meet the safety and security needs of the Ports of Jacksonville, Fernandina, and Canaveral. This action would modify existing safety and security zones; establish safety zones governing port closures in the event of a natural and other disasters; and remove safety and security zones. DATES: Comments and related material must be received by the Coast Guard on or before July 9, 2014. A public meeting will be held on June 23, 2014 at 10 a.m. at USCG Sector Jacksonville and on June 25, 2014 at 10:30 a.m. at Inter-Agency Maritime Operations Center in Cape Canaveral, FL. SUMMARY: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Commander Alisa Praskovich, Sector Jacksonville Prevention Department, Coast Guard; telephone ADDRESSES: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments 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. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG–2014–0152] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may E:\FR\FM\18JNP1.SGM 18JNP1

Agencies

[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Proposed Rules]
[Pages 34669-34674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14239]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0300]
RIN 1625-AA00


Safety Zones; Fireworks Displays in the Sector Columbia River 
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to add twenty four new fireworks 
events at various locations in the Sector Columbia River Captain of the 
Port zone. The Coast Guard also proposes to correct the location of 
some existing fireworks events in the Sector Columbia River Captain of 
the Port zone. In addition, the Coast Guard proposes to change the 
format of the existing regulation by using a table to list each 
fireworks. When these safety zones are activated and subject to 
enforcement, this rule would limit the movement of vessels within the 
established firework display areas. These additional safety zones and 
corrections to existing safety zones are necessary to prevent injury 
and to protect life and property of the maritime public from hazards 
associated with fireworks displays.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 18, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before June 25, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-xxxx using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

[[Page 34670]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Ian McPhillips, Waterways Management Division, 
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
msupdxwwm@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0300] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov type 
the docket number [USCG-2014-0300] in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan on holding a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for these proposed regulations is 33 U.S.C. 1231; 
46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to establish regulatory safety 
zones for safety and environmental purposes.
    These proposed regulations are necessary to promote the safety of 
life on navigable waterways during various fireworks events located 
within the Captain of the Port Sector Columbia River zone.

C. Discussion of Proposed Rule

    Fireworks displays create hazardous conditions for the maritime 
public because of the large number of vessels that congregate near the 
displays, as well as the noise, falling debris, and explosions that 
occur during the event. Because fireworks discharge sites can pose a 
hazard to the maritime public, these proposed regulations are necessary 
in order to restrict vessel movement and reduce vessel congregation in 
the proximity of the fireworks discharge sites. The proposed 
corrections to the locations of some of the fireworks events listed in 
33 CFR 165.1315 as well as the additional 24 safety zones proposed in 
this NPRM would be implemented to help ensure the safe navigation of 
maritime traffic in the Sector Columba River Area of Responsibility 
during fireworks displays.
    This rule also proposes to amend the following fireworks displays 
into a table format and update some event positions in order to 
accurately reflect the coordinates of the fireworks displays listed in 
33 CFR 165.1315:

--------------------------------------------------------------------------------------------------------------------------------------------------------
     Event name (typically)                Event location                     Date of event                   Latitude                  Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cinco de Mayo Fireworks Display.  Portland, OR....................  One day in May..................  45[deg]30'55'' N          122[deg]40'13'' W
Portland Rose Festival Fireworks  Portland, OR....................  One day in May or June..........  45[deg]30'58'' N          122[deg]40'12'' W
 Display.
Tri-City Chamber of Commerce      Kennewick, WA...................  One day in July.................  46[deg]13'47'' N          119[deg]08'47'' W
 Fireworks Display, Columbia
 Park.
Cedco Inc. Fireworks Display....  North Bend, OR..................  One day in July.................  43[deg]23'45'' N          124[deg]12'50'' W
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]30'24'' N          122[deg]40'04'' W
 Fireworks.
Oregon Symphony Concert           Portland, OR....................  One day in August or September..  45[deg]30'42'' N          122[deg]40'14'' W
 Fireworks Display.
Florence Independence Day         Florence, OR....................  One day in July.................  43[deg]58'10'' N          124[deg]05'50'' W
 Celebration.

[[Page 34671]]

 
Oaks Park Association...........  Portland, OR....................  One day in July.................  45[deg]28'22'' N          122[deg]39'59'' W
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]01'55'' 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]33'33'' N          122[deg]27'03'' W
 Fireworks.
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 Display.
Astoria Regatta.................  Astoria, OR.....................  One day in August...............  46[deg]11'34'' N          123[deg]49'28'' W
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]51'51'' N          122[deg]47'22'' W
 Fireworks Display.
Waverly Country Club 4th of July  Milwaukie, OR...................  One day in July.................  45[deg]27'03'' N          122[deg]39'18'' W
 Fireworks Display.
Booming Bay Fireworks...........  Westport, WA....................  One day in July.................  46[deg]54'14'' N          124[deg]06'08'' W
Hood River 4th of July..........  Hood River, OR..................  One day in July.................  45[deg]42'58'' N          121[deg]30'31'' W
Rufus 4th of July Fireworks.....  Rufus, OR.......................  One day in July.................  45[deg]41'30'' N          120[deg]45'47'' W
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This rule proposes to add twenty four new fireworks display 
locations, and proposes to change the title of 33 CFR 165.1315 to 
``Safety Zones; Annual Fireworks Displays within the Sector Columbia 
River Captain of the Port Zone.'' 33 CFR 3.65-15.
    This rule proposes to add the following fireworks displays:

--------------------------------------------------------------------------------------------------------------------------------------------------------
     Event name  (typically)               Event location                     Date of event                   Latitude                  Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Newport High School Graduation    Newport, OR.....................  One day in June.................  44[deg]36'48'' N          124[deg]04'10'' W
 Fireworks Display.
Willamette Falls Heritage         Oregon City, OR.................  One day in October..............  45[deg]21'44'' N          122[deg]36'21'' W
 Festival.
Winchester Bay 4th of July        Winchester Bay, OR..............  One day in July.................  43[deg]40'56'' N          124[deg]11'13'' W
 Fireworks Display.
Brookings, OR July 4th Fireworks  Brookings, OR...................  One day in July.................  42[deg]02'39'' N          124[deg]16'14'' W
 Display.
Maritime Heritage Festival......  St. Helens, OR..................  One day in July.................  45[deg]51'51'' N          122[deg]47'22'' W
Lynch Picnic....................  West Linn, OR...................  One day in July.................  45[deg]23'43'' N          122[deg]37'58'' 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]25'26'' 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
Hood River 4th of July..........  Hood River, OR..................  One day in July.................  45[deg]42'58'' N          121[deg]30'31'' W
The Dalles Area Chamber of        The Dalles, OR..................  One day in July.................  45[deg]36'18'' N          121[deg]10'23'' W
 Commerce Fourth of July.
Roseburg Hometown 4th of July...  Roseburg, OR....................  One day in July.................  43[deg]12'59'' N          123[deg]22'13'' W
Newport 4th of July.............  Newport, OR.....................  One day in July.................  44[deg]37'41'' N          124[deg]02'54'' W
First Friday Milwaukie..........  Milwaukie, OR...................  One day in September............  45[deg]26'33'' N          122[deg]38'44'' W
The Mill Casino Independence Day  North Bend, OR..................  One day in July.................  43[deg]23'41'' N          124[deg]12'49'' W
Waldport 4th of July............  Waldport, OR....................  One day in July.................  44[deg]25'31'' N          124[deg]04'44'' W
Westport 100th Anniversary......  Westport, WA....................  One day in June.................  46[deg]54'17'' N          124[deg]05'57'' W
Westport 4th of July............  Westport, WA....................  One day in July.................  46[deg]54'17'' N          124[deg]05'57'' W
The 4th of July at Perkin Ferry.  Ridgefield, WA..................  One day in July.................  45[deg]52'06'' N          122[deg]43'53'' W
Leukemia and....................  Portland, OR....................  One day in October..............  45[deg]31'13'' N          122[deg]40'13'' W
Lymphoma Light the Night
 Fireworks Display.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    These safety zones will extend on and under the waters, 450 yards 
from the radius of the launch site described above. This zone size 
allows for the use of up to a 16'' mortar shell in annual fireworks 
displays. These zones are nominal in size and are typically positioned 
in areas which allow for transit around the zone. Thus, these zones 
have an inconsequential impact on the majority of waterway users. These 
zones are also short in duration and waterway users will be permitted 
to enter or transit through the zone when deemed safe by the on-scene 
patrol commander.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard bases 
this finding on the fact that the safety zones listed will be in place 
for a limited period of time and are minimal in duration.

[[Page 34672]]

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    (1) This rule may affect the following entities, some of which may 
be small entities: The owners and operators of vessels intending to 
operate in the area covered by the safety zone. The rule will not have 
a significant economic impact on a substantial number of small entities 
because the safety zones will only be in effect for a limited period of 
time. Additionally, vessels can still transit through the zone with the 
permission of the Captain of the Port. Before the effective period, we 
will publish advisories in the Local Notice to Mariners available to 
users of the river. Maritime traffic will be able to schedule their 
transits around the safety zone.
    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.

3. Assistance for Small Entities

    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, above. 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. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children From Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 (NEPA)(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 the 
amendment to existing safety zones to reflect the correct position of 
the fireworks launch location and the addition of safety zones in 33 
CFR 165.1315. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
preliminary environmental analysis checklist supporting this 
determination and a 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 proposed rule.

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:


[[Page 34673]]


    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Revise subpart Sec.  165.1315 to read as follows:


Sec.  165.1315  Safety Zones; Annual Fireworks Displays within the 
Sector Columbia River Captain of the Port Zone.

    (a) Safety Zones. The following areas are designated safety zones:
    All waters of the Columbia River and its tributaries. All waters of 
the Siuslaw River, Yaquina River, Umpqua River as well as Washington 
and Oregon coasts, extending to a 450 yard radius with a 50 yard 
variation from the following launch sites:

--------------------------------------------------------------------------------------------------------------------------------------------------------
     Event name (typically)                Event location                     Date of event                   Latitude                  Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cinco de Mayo Fireworks Display.  Portland, OR....................  One day in May..................  45[deg]30'55'' N          122[deg]40'13'' W
Portland Rose Festival Fireworks  Portland, OR....................  One day in May or June..........  45[deg]30'58'' N          122[deg]40'12'' W
 Display.
Tri-City Chamber of Commerce      Kennewick, WA...................  One day in July.................  46[deg]13'47'' N          119[deg]08'47'' W
 Fireworks Display, Columbia
 Park.
Cedco Inc. Fireworks Display....  North Bend, OR..................  One day in July.................  43[deg]23'45'' N          124[deg]12'50'' W
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]30'24'' N          122[deg]40'04'' W
 Fireworks.
Oregon Symphony Concert           Portland, OR....................  One day in August or September..  45[deg]30'42'' N          122[deg]40'14'' W
 Fireworks Display.
Florence Independence Day         Florence, OR....................  One day in July.................  43[deg]58'10'' N          124[deg]05'50'' W
 Celebration.
Oaks Park Association...........  Portland, OR....................  One day in July.................  45[deg]28'22'' N          122[deg]39'59'' W
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]01'55'' 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
 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]33'33'' N          122[deg]27'03'' W
 Fireworks.
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 Display.
Astoria Regatta.................  Astoria, OR.....................  One day in August...............  46[deg]11'34'' N          123[deg]49'28'' W
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]51'51'' N          122[deg]47'22'' W
 Fireworks Display.
Waverly Country Club 4th of July  Milwaukie, OR...................  One day in July.................  45[deg]27'03'' N          122[deg]39'18'' W
 Fireworks Display.
Booming Bay Fireworks...........  Westport, WA....................  One day in July.................  46[deg]54'14'' N          124[deg]06'08'' W
Hood River 4th of July..........  Hood River, OR..................  One day in July.................  45[deg]42'58'' N          121[deg]30'31'' W
Rufus 4th of July Fireworks.....  Rufus, OR.......................  One day in July.................  45[deg]41'30'' N          120[deg]45'47'' W
Leukemia and Lymphoma Light the   Portland, OR....................  One day in October..............  45[deg]31'13'' N          122[deg]40'13'' W
 Night Fireworks Display.
Newport High School Graduation    Newport, OR.....................  One day in June.................  44[deg]36'48'' N          124[deg]04'10'' W
 Fireworks Display.
Willamette Falls Heritage         Oregon City, OR.................  One day in October..............  45[deg]21'44'' N          122[deg]36'21'' W
 Festival.
Winchester Bay 4th of July        Winchester Bay, OR..............  One day in July.................  43[deg]40'56'' N          124[deg]11'13'' W
 Fireworks Display.
Brookings, OR July 4th Fireworks  Brookings, OR...................  One day in July.................  42[deg]02'39'' N          124[deg]16'14'' W
 Display.
Maritime Heritage Festival......  St. Helens, OR..................  One day in July.................  45[deg]51'51'' N          122[deg]47'22'' W
Lynch Picnic....................  West Linn, OR...................  One day in July.................  45[deg]23'43'' N          122[deg]37'58'' 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]25'26'' 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
Hood River 4th of July..........  Hood River, OR..................  One day in July.................  45[deg]42'58'' N          121[deg]30'31'' W
The Dalles Area Chamber of        The Dalles, OR..................  One day in July.................  45[deg]36'18'' N          121[deg]10'23'' W
 Commerce Fourth of July.
Roseburg Hometown 4th of July...  Roseburg, OR....................  One day in July.................  43[deg]12'59'' N          123[deg]22'13'' W
Newport 4th of July.............  Newport, OR.....................  One day in July.................  44[deg]37'41'' N          124[deg]02'54'' W
First Friday Milwaukie..........  Milwaukie, OR...................  One day in September............  45[deg]26'33'' N          122[deg]38'44'' W
The Mill Casino Independence Day  North Bend, OR..................  One day in July.................  43[deg]23'41'' N          124[deg]12'49'' W
Waldport 4th of July............  Waldport, OR....................  One day in July.................  44[deg]25'31'' N          124[deg]04'44'' W
Westport 100th Anniversary......  Westport, WA....................  One day in June.................  46[deg]54'17'' N          124[deg]05'57'' W
Westport 4th of July............  Westport, WA....................  One day in July.................  46[deg]54'17'' N          124[deg]05'57'' W
The 4th of July at Perkin Ferry.  Ridgefield, WA..................  One day in July.................  45[deg]52'06'' N          122[deg]43'53'' W
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Special requirements. Fireworks barges or launch sites on land 
used in locations stated in this rule shall 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' shall 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

[[Page 34674]]

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 and approve a marine event permit for each fireworks 
display and then 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 33 CFR 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 above.
    (d) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no vessel operator may enter, transit, moor, 
or anchor within this safety zone, except for vessels authorized by the 
Captain of the Port or Designated Representative.
    (e) 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.
    (f) Enforcement period. This rule 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 above designated safety zone locations and meets the 
criteria established in paragraphs (a), (b), and (c).
    (g) Contact information. Questions about safety zones and related 
events should be addressed to COMMANDER (spw), MARINE SAFETY UNIT 
PORTLAND, Attention: Waterways Management Division, 6767 N. Basin Ave, 
Portland, OR 97217-3992.

    Dated: April 23, 2014.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2014-14239 Filed 6-17-14; 8:45 am]
BILLING CODE 9110-04-P