Safety Zones; Fireworks Displays in the Sector Columbia River Captain of the Port Zone, 34669-34674 [2014-14239]
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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.
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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
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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:
https://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:
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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 https://
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 https://
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
https://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
https://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 ...............
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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
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W
W
W
124°05′50″ W
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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 ...............
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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 ...............
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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
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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.
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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.
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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
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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
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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
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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
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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:
https://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 https://
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 https://
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
https://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
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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: https://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 https://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
https://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 https://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 https://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