Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone, 49028-49031 [2018-21186]
Download as PDF
<![CDATA[
49028
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port, Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part—(a) you may not enter the
safety zone described in paragraph (a) of
this section unless authorized by the
COTP or the COTP’s designated
representative; and (b) all persons and
vessels in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(2) To request permission to enter the
safety zone, contact the COTP or the
COTP’s representative on marine band
radio VHF–FM channel 16 (156.8 MHz)
or 215–271–4807.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during the enforcement
period.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
federal, state, and local agencies.
(e) Enforcement period. This zone
will be enforced from 11:15 p.m.
through 11:45 p.m. on October 19, 2018.
K.A. Clarke,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
[FR Doc. 2018–21203 Filed 9–27–18; 8:45 am]
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0868]
II. Background, Purpose, and Legal
Basis
RIN 1625–AA00
Safety Zone; Annual Fireworks
Displays Within the Sector Columbia
River Captain of the Port Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend the regulations establishing
safety zones for annual fireworks
displays in the Captain of the Port Zone
Columbia River. This action would
include updating 3 existing safety
zones, adding 1 safety zone for a
fireworks display that was previously
published under a temporary regulation,
and removing 10 safety zones for
inactive fireworks displays. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before October 29, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0868 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email LCDR Dixon
Whitley, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 9110–04–P
Our regulation for safety zones for
fireworks displays in Captain of the Port
Zone Columbia River, 33 CFR 165.1315,
was revised (82 FR 28556, June 23,
2017) in 2017. This proposed rule
would remove 10 safety zones for
inactive fireworks displays, add 1 safety
zone for a new, recurring fireworks
display that was previously published
as a temporary safety zone, and update
the date or location for 3 existing
fireworks displays. The purpose of this
revision would provide the public
accurate information regarding safety
zones for annual fireworks displays in
Captain of the Port Zone Columbia
River.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231. The Captain of the Port Sector
Columbia River has determined that
fireworks displays create hazardous
conditions for the maritime public
because of the large number of vessels
near the displays, as well as the noise,
falling debris, and explosions that occur
during the event. Because firework
discharge sites pose a potential hazard
to the maritime public, these safety
zones are necessary in restricting vessel
movement and to reduce vessel
congregation in the proximity of the
firework discharge sites.
III. Discussion of Proposed Rule
The Coast Guard proposes to remove
10 fireworks display safety zones in 33
CFR 165.1315 that are listed in Table 1
below because the Coast Guard has not
received an application to conduct these
fireworks displays within the past 3
years.
amozie on DSK3GDR082PROD with PROPOSALS1
TABLE 1—LIST OF SAFETY ZONE WE PROPOSE TO REMOVE FROM 33 CFR 165.1315
Cinco de Mayo Fireworks .................................
Newport High School Graduation Fireworks ....
Celebrate Milwaukie .........................................
Arlington 4th of July ..........................................
East County 4th of July Fireworks ...................
Rufus 4th of July Fireworks ..............................
Maritime Heritage Festival ................................
Lynch Picnic ......................................................
First Friday Milwaukie .......................................
Willamette Falls Heritage Festival ....................
Portland, OR .........................
Newport, OR .........................
Milwaukie, OR ......................
Arlington, OR ........................
Gresham, OR .......................
Rufus, OR .............................
St. Helens, OR .....................
West Linn, OR ......................
Milwaukie, OR ......................
Oregon City, OR ...................
Additionally, the Coast Guard
proposes to add a new fireworks display
safety zone. This safety zone was
previously listed as a temporary safety
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
PO 00000
Frm 00039
Fmt 4702
One
One
One
One
One
One
One
One
One
One
Sfmt 4702
day
day
day
day
day
day
day
day
day
day
in
in
in
in
in
in
in
in
in
in
May ....................
June ...................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
September .........
October ..............
45°30′58″
44°36′48″
45°26′33″
45°43′23″
45°33′32″
45°41′39″
45°51′54″
45°23′37″
45°26′33″
45°21′44″
N
N
N
N
N
N
N
N
N
N
122°40′12″
124°04′10″
122°38′44″
120°12′11″
122°27′10″
120°45′16″
122°47′26″
122°37′52″
122°38′44″
122°36′21″
W
W
W
W
W
W
W
W
W
W
zone (83 FR 30869, July 2, 2018), and
after conferring with the event sponsor,
E:\FR\FM\28SEP1.SGM
28SEP1
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
it will become a recurring fireworks
display. This safety zone would cover
all navigable waters within a 450 yard
radius of the fireworks barge in the
Willamette River located at 45°24′37″ N,
122°39′30″ W in the vicinity of George
City of Lake Oswego 4th of July Fireworks ......
Lake Oswego, OR ................
Finally, the Coast Guard proposes to
revise three existing fireworks display
safety zones. These revisions include
updating the date for 4th of July at Pekin
Ferry to more precisely describe when
the fireworks display would occur,
correcting the wrong state listed for the
Independence Day at the Port and
updating the location for the Leukemia
and Lymphoma Light the Night
Fireworks.
These updates would eliminate any
confusion caused by the fireworks
display safety zones listed in the 33
CFR165.1315 table and any subsequent
temporary safety zones resulting from
changes. The regulatory text we are
proposing appears at the end of this
document.
zone, and the rule would allow vessels
to seek permission to enter the zone.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
amozie on DSK3GDR082PROD with PROPOSALS1
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, location, duration, and
time-of-day of the safety zone. Vessel
traffic would be able to safely transit
around these safety zones which would
impact small designated areas of the
Oregon coast, Tillamook Bay, the
Columbia River and its tributaries, and
the Clatskanie River for approximately 2
hours during the evening when
commercial vessel traffic is normally
low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
PO 00000
Frm 00040
Fmt 4702
Rogers Park in Lake Oswego, OR. The
following would be added to the table
in 33 CFR 165.1315:
One day in July ....................
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Sfmt 4702
49029
45°24′37″ N
122°39′30″ W
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, which guides
the Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
made a preliminary determination that
this action is one of a category of actions
that do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves safety zones lasting
approximately two hours in duration
and would prohibit entry within 450
yards of the launch sites. Normally such
E:\FR\FM\28SEP1.SGM
28SEP1
49030
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
amozie on DSK3GDR082PROD with PROPOSALS1
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.1315, revise paragraph (a)
to read as follows:
(a) Safety zones. The following areas
are designated safety zones: Waters of
the Columbia River and its tributaries,
waters of the Siuslaw River, Yaquina
River, Umpqua River, Clatskanie River,
Tillamook Bay and waters of the
Washington and Oregon Coasts, within
a 450 yard radius of the launch site at
the approximate locations listed in the
following table:
■
Event name (typically)
Event location
Date of event
Portland Rose Festival Fireworks .....................
Tri-City Chamber of Commerce Fireworks/
River of Fire Festival.
Astoria-Warrenton 4th of July Fireworks ..........
Waterfront Blues Festival Fireworks .................
Florence Independence Day Celebration .........
Oaks Park Association 4th of July ...................
City of Rainier/Rainier Days .............................
Ilwaco July 4th Committee Fireworks/Independence Day at the Port.
Splash Aberdeen Waterfront Festival ...............
City of Coos Bay July 4th Celebration/Fireworks Over the Bay.
Port of Cascade Locks 4th of July Fireworks ...
Clatskanie Heritage Days Fireworks ................
Washougal 4th of July ......................................
City of St. Helens 4th of July Fireworks ...........
Waverly Country Club 4th of July Fireworks ....
Hood River 4th of July ......................................
Winchester Bay 4th of July Fireworks ..............
Brookings, OR July 4th Fireworks ....................
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 ......................................
The Dalles Area Fourth of July ........................
Roseburg Hometown 4th of July ......................
Newport 4th of July ...........................................
Cedco Inc./The Mill Casino Independence Day
Waldport 4th of July ..........................................
Westport 4th of July ..........................................
The 4th of July at Pekin Ferry ..........................
Bandon 4th of July ............................................
Garibaldi Days Fireworks .................................
Portland, OR .........................
Kennewick, WA ....................
One day in May or June .......
One day in July ....................
45°30′58″ N
46°13′37″ N
122°40′12″ W
119°08′47″ W
Astoria, OR ...........................
Portland, OR .........................
Florence, OR ........................
Portland, OR .........................
Rainier, OR ...........................
Ilwaco, WA ............................
One
One
One
One
One
One
46°11′34″
45°30′42″
43°58′09″
45°28′22″
46°05′46″
46°18′17″
123°49′28″
122°40′14″
124°05′50″
122°39′59″
122°56′18″
124°02′00″
Aberdeen, WA ......................
Coos Bay, OR ......................
One day in July ....................
One day in July ....................
46°58′40″ N
43°22′06″ N
123°47′45″ W
124°12′24″ W
Cascade Locks, OR .............
Clatskanie, OR .....................
Washougal, WA ....................
St. Helens, OR .....................
Milwaukie, OR ......................
Hood River, OR ....................
Winchester Bay, OR .............
Brookings, OR ......................
Yachats, OR .........................
Lincoln City, OR ...................
Gold Beach, OR ...................
Gardiner, OR ........................
Huntington, OR .....................
Toledo, OR ...........................
Port Orford, OR ....................
The Dalles, OR .....................
Roseburg, OR .......................
Newport, OR .........................
North Bend, OR ....................
Waldport, OR ........................
Westport, WA .......................
Ridgefield, WA ......................
Bandon, OR ..........................
Garibaldi, OR ........................
One day in July ....................
One Day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
One day in July ....................
Saturday before July 4th ......
One day in July ....................
One day in July ....................
45°40′15″ N
46°6′17″ N
45°34′32″ N
45°51′54″ N
45°27′03″ N
45°42′58″ N
43°40′56″ N
42°02′39″ N
44°18′38″ N
44°55′28″ N
42°25′30″ N
43°43′55″ N
44°18′02″ N
44°37′08″ N
42°44′31″ N
45°36′18″ N
43°12′58″ N
44°37′40″ N
43°23′42″ N
44°25′31″ N
46°54′17″ N
45°52′07″ N
43°07′29″ N
45°33′13″ N
121°53′43″
123°12′02″
122°22′53″
122°47′26″
122°39′18″
121°30′32″
124°11′13″
124°16′14″
124°06′27″
124°01′31″
124°25′03″
124°06′48″
117°13′33″
123°56′24″
124°29′30″
121°10′23″
123°22′10″
124°02′45″
124°12′55″
124°04′44″
124°05′59″
122°43′53″
124°25′05″
123°54′56″
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
day
day
day
day
day
day
in
in
in
in
in
in
July
July
July
July
July
July
Latitude
....................
....................
....................
....................
....................
....................
E:\FR\FM\28SEP1.SGM
28SEP1
N
N
N
N
N
N
Longitude
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules
Event name (typically)
Event location
Date of event
Bald Eagle Days ...............................................
Independence Day at the Fort Vancouver .......
Oregon Symphony Concert Fireworks .............
Cathlamet, WA .....................
Vancouver, WA .....................
Portland, OR .........................
46°12′14″ N
45°36′57″ N
45°30′42″ N
123°23′17″ W
122°40′09″ W
122°40′14″ W
Astoria Regatta .................................................
Leukemia and ...................................................
Lymphoma Light the Night Fireworks ...............
Veterans Day Celebration ................................
Astoria, OR ...........................
Portland, OR .........................
One day in July ....................
One Day in July ....................
One day in August or September.
One day in August ................
One day in October ..............
46°11′34″ N
45°30′23″ N
123°49′28″ W
122°40′4″ W
The Dalles, OR .....................
One day in November ..........
45°36′18″ N
121°10′34″ W
*
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘How to Use
Regulations.gov.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this notice of
proposed priorities, requirements,
definitions, and performance measures,
address them to Kim Okahara, U.S.
Department of Education, 400 Maryland
Avenue SW, Room 3E204, Washington,
DC 20202–6132.
*
*
*
*
Dated: September 24, 2018.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the
Port Columbia River.
[FR Doc. 2018–21186 Filed 9–27–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2018–OESE–0069]
Proposed Priorities, Requirements,
Definitions, and Performance
Measures—Comprehensive Centers
Program Catalog of Federal Domestic
Assistance (CFDA) Number: 84.283B
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed priorities.
AGENCY:
The Assistant Secretary for
Elementary and Secondary Education
(Assistant Secretary), U.S. Department
of Education (Department) proposes
priorities, requirements, definitions, and
performance measures under the
Comprehensive Centers program. The
Assistant Secretary may use these
priorities, requirements, definitions, and
performance measures for competitions
in fiscal year (FY) 2019 and later years.
We intend to use the priorities,
requirements, and definitions to award
grants to eligible applicants seeking to
provide capacity-building services to
State educational agencies (SEAs),
regional educational agencies (REAs),
local educational agencies (LEAs), and
schools that improve educational
outcomes for all students, close
achievement gaps, and improve the
quality of instruction.
DATES: We must receive your comments
on or before October 29, 2018.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
amozie on DSK3GDR082PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:53 Sep 27, 2018
Jkt 244001
Privacy Note: The Department’s policy is
to make all comments received from
members of the public available for public
viewing in their entirety on the Federal
eRulemaking Portal at www.regulations.gov.
Therefore, commenters should be careful to
include in their comments only information
that they wish to make publicly available.
Kim
Okahara, U.S. Department of Education,
400 Maryland Avenue SW, Room
3E204, Washington, DC 20202–6135.
Telephone: (202) 453–6930. Email:
kim.okahara@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities, requirements,
definitions, and performance measures.
To ensure that your comments have
maximum effect in developing the final
priorities, requirements, definitions, and
performance measures, we urge you to
identify clearly the specific section or
sections of the proposed priorities,
requirements, definitions, and
performance measures that each of your
comments addresses and to arrange your
comments in the same order as the
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
Latitude
49031
Longitude
proposed priorities, requirements,
definitions, and performance measures.
We invite you to assist us in
complying with the specific
requirements of Executive Orders
12866, 13563, and 13771 and their
overall requirement of reducing
regulatory burden that might result from
these proposed priorities, requirements,
definitions, and performance measures.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about these proposed priorities,
requirements, definitions, and
performance measures by accessing
Regulations.gov. You may also inspect
the comments in person in Room 3E204,
400 Maryland Avenue SW, Washington,
DC, between 8:30 a.m. and 4:00 p.m.,
Eastern Time, Monday through Friday
of each week except Federal holidays.
Please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for these proposed priorities,
requirements, definitions, and
performance measures. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The
Comprehensive Centers program
supports the establishment of not less
than 20 Comprehensive Centers to
provide capacity-building services to
SEAs, REAs, LEAs, and schools that
improve educational outcomes for all
students, close achievement gaps, and
improve the quality of instruction.
Program Authority: Section 203 of the
Educational Technical Assistance Act of
2002 (ETAA) (20 U.S.C. 9601 et seq.).
Background: The Elementary and
Secondary Education Act of 1965
E:\FR\FM\28SEP1.SGM
28SEP1
]]>Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49028-49031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21186]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0868]
RIN 1625-AA00
Safety Zone; Annual Fireworks Displays Within the Sector Columbia
River Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the regulations establishing
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River. This action would include updating 3 existing
safety zones, adding 1 safety zone for a fireworks display that was
previously published under a temporary regulation, and removing 10
safety zones for inactive fireworks displays. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 29, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0868 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Dixon Whitley, Waterways
Management Division, Marine Safety Unit Portland, Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Our regulation for safety zones for fireworks displays in Captain
of the Port Zone Columbia River, 33 CFR 165.1315, was revised (82 FR
28556, June 23, 2017) in 2017. This proposed rule would remove 10
safety zones for inactive fireworks displays, add 1 safety zone for a
new, recurring fireworks display that was previously published as a
temporary safety zone, and update the date or location for 3 existing
fireworks displays. The purpose of this revision would provide the
public accurate information regarding safety zones for annual fireworks
displays in Captain of the Port Zone Columbia River.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231. The Captain of the Port Sector Columbia River has
determined that fireworks displays create hazardous conditions for the
maritime public because of the large number of vessels near the
displays, as well as the noise, falling debris, and explosions that
occur during the event. Because firework discharge sites pose a
potential hazard to the maritime public, these safety zones are
necessary in restricting vessel movement and to reduce vessel
congregation in the proximity of the firework discharge sites.
III. Discussion of Proposed Rule
The Coast Guard proposes to remove 10 fireworks display safety
zones in 33 CFR 165.1315 that are listed in Table 1 below because the
Coast Guard has not received an application to conduct these fireworks
displays within the past 3 years.
Table 1--List of Safety Zone We Propose To Remove From 33 CFR 165.1315
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Cinco de Mayo Fireworks....... Portland, OR..... One day in May... 45[deg]30'58'' N 122[deg]40'12'' W
Newport High School Graduation Newport, OR...... One day in June.. 44[deg]36'48'' N 124[deg]04'10'' W
Fireworks.
Celebrate Milwaukie........... Milwaukie, OR.... One day in July.. 45[deg]26'33'' N 122[deg]38'44'' W
Arlington 4th of July......... Arlington, OR.... One day in July.. 45[deg]43'23'' N 120[deg]12'11'' W
East County 4th of July Gresham, OR...... One day in July.. 45[deg]33'32'' N 122[deg]27'10'' W
Fireworks.
Rufus 4th of July Fireworks... Rufus, OR........ One day in July.. 45[deg]41'39'' N 120[deg]45'16'' W
Maritime Heritage Festival.... St. Helens, OR... One day in July.. 45[deg]51'54'' N 122[deg]47'26'' W
Lynch Picnic.................. West Linn, OR.... One day in July.. 45[deg]23'37'' N 122[deg]37'52'' W
First Friday Milwaukie........ Milwaukie, OR.... One day in 45[deg]26'33'' N 122[deg]38'44'' W
September.
Willamette Falls Heritage Oregon City, OR.. One day in 45[deg]21'44'' N 122[deg]36'21'' W
Festival. October.
----------------------------------------------------------------------------------------------------------------
Additionally, the Coast Guard proposes to add a new fireworks
display safety zone. This safety zone was previously listed as a
temporary safety zone (83 FR 30869, July 2, 2018), and after conferring
with the event sponsor,
[[Page 49029]]
it will become a recurring fireworks display. This safety zone would
cover all navigable waters within a 450 yard radius of the fireworks
barge in the Willamette River located at 45[deg]24'37'' N,
122[deg]39'30'' W in the vicinity of George Rogers Park in Lake Oswego,
OR. The following would be added to the table in 33 CFR 165.1315:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
City of Lake Oswego 4th of Lake Oswego, OR.. One day in July.. 45[deg]24'37'' N 122[deg]39'30'' W
July Fireworks.
----------------------------------------------------------------------------------------------------------------
Finally, the Coast Guard proposes to revise three existing
fireworks display safety zones. These revisions include updating the
date for 4th of July at Pekin Ferry to more precisely describe when the
fireworks display would occur, correcting the wrong state listed for
the Independence Day at the Port and updating the location for the
Leukemia and Lymphoma Light the Night Fireworks.
These updates would eliminate any confusion caused by the fireworks
display safety zones listed in the 33 CFR165.1315 table and any
subsequent temporary safety zones resulting from changes. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, location,
duration, and time-of-day of the safety zone. Vessel traffic would be
able to safely transit around these safety zones which would impact
small designated areas of the Oregon coast, Tillamook Bay, the Columbia
River and its tributaries, and the Clatskanie River for approximately 2
hours during the evening when commercial vessel traffic is normally
low. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
involves safety zones lasting approximately two hours in duration and
would prohibit entry within 450 yards of the launch sites. Normally
such
[[Page 49030]]
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. In Sec. 165.1315, revise paragraph (a) to read as follows:
(a) Safety zones. The following areas are designated safety zones:
Waters of the Columbia River and its tributaries, waters of the Siuslaw
River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and
waters of the Washington and Oregon Coasts, within a 450 yard radius of
the launch site at the approximate locations listed in the following
table:
----------------------------------------------------------------------------------------------------------------
Event name (typically) Event location Date of event Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Portland Rose Festival Portland, OR..... One day in May or 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. June.
Tri-City Chamber of Commerce Kennewick, WA.... One day in July.. 46[deg]13'37'' N 119[deg]08'47'' W
Fireworks/River of Fire
Festival.
Astoria-Warrenton 4th of July Astoria, OR...... One day in July.. 46[deg]11'34'' N 123[deg]49'28'' W
Fireworks.
Waterfront Blues Festival Portland, OR..... One day in July.. 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks.
Florence Independence Day Florence, OR..... One day in July.. 43[deg]58'09'' N 124[deg]05'50'' W
Celebration.
Oaks Park Association 4th of Portland, OR..... One day in July.. 45[deg]28'22'' N 122[deg]39'59'' W
July.
City of Rainier/Rainier Days.. Rainier, OR...... One day in July.. 46[deg]05'46'' N 122[deg]56'18'' W
Ilwaco July 4th Committee Ilwaco, WA....... One day in July.. 46[deg]18'17'' N 124[deg]02'00'' W
Fireworks/Independence Day at
the Port.
Splash Aberdeen Waterfront Aberdeen, WA..... One day in July.. 46[deg]58'40'' N 123[deg]47'45'' W
Festival.
City of Coos Bay July 4th Coos Bay, OR..... One day in July.. 43[deg]22'06'' N 124[deg]12'24'' W
Celebration/Fireworks Over
the Bay.
Port of Cascade Locks 4th of Cascade Locks, OR One day in July.. 45[deg]40'15'' N 121[deg]53'43'' W
July Fireworks.
Clatskanie Heritage Days Clatskanie, OR... One Day in July.. 46[deg]6'17'' N 123[deg]12'02'' W
Fireworks.
Washougal 4th of July......... Washougal, WA.... One day in July.. 45[deg]34'32'' N 122[deg]22'53'' W
City of St. Helens 4th of July St. Helens, OR... One day in July.. 45[deg]51'54'' N 122[deg]47'26'' W
Fireworks.
Waverly Country Club 4th of Milwaukie, OR.... One day in July.. 45[deg]27'03'' N 122[deg]39'18'' W
July Fireworks.
Hood River 4th of July........ Hood River, OR... One day in July.. 45[deg]42'58'' N 121[deg]30'32'' W
Winchester Bay 4th of July Winchester Bay, One day in July.. 43[deg]40'56'' N 124[deg]11'13'' W
Fireworks. OR.
Brookings, OR July 4th Brookings, OR.... One day in July.. 42[deg]02'39'' N 124[deg]16'14'' W
Fireworks.
Yachats 4th of July........... Yachats, OR...... One day in July.. 44[deg]18'38'' N 124[deg]06'27'' W
Lincoln City 4th of July...... Lincoln City, OR. One day in July.. 44[deg]55'28'' N 124[deg]01'31'' W
July 4th Party at the Port of Gold Beach, OR... One day in July.. 42[deg]25'30'' N 124[deg]25'03'' W
Gold Beach.
Gardiner 4th of July.......... Gardiner, OR..... One day in July.. 43[deg]43'55'' N 124[deg]06'48'' W
Huntington 4th of July........ Huntington, OR... One day in July.. 44[deg]18'02'' N 117[deg]13'33'' W
Toledo Summer Festival........ Toledo, OR....... One day in July.. 44[deg]37'08'' N 123[deg]56'24'' W
Port Orford 4th of July....... Port Orford, OR.. One day in July.. 42[deg]44'31'' N 124[deg]29'30'' W
The Dalles Area Fourth of July The Dalles, OR... One day in July.. 45[deg]36'18'' N 121[deg]10'23'' W
Roseburg Hometown 4th of July. Roseburg, OR..... One day in July.. 43[deg]12'58'' N 123[deg]22'10'' W
Newport 4th of July........... Newport, OR...... One day in July.. 44[deg]37'40'' N 124[deg]02'45'' W
Cedco Inc./The Mill Casino North Bend, OR... One day in July.. 43[deg]23'42'' N 124[deg]12'55'' W
Independence Day.
Waldport 4th of July.......... Waldport, OR..... One day in July.. 44[deg]25'31'' N 124[deg]04'44'' W
Westport 4th of July.......... Westport, WA..... One day in July.. 46[deg]54'17'' N 124[deg]05'59'' W
The 4th of July at Pekin Ferry Ridgefield, WA... Saturday before 45[deg]52'07'' N 122[deg]43'53'' W
July 4th.
Bandon 4th of July............ Bandon, OR....... One day in July.. 43[deg]07'29'' N 124[deg]25'05'' W
Garibaldi Days Fireworks...... Garibaldi, OR.... One day in July.. 45[deg]33'13'' N 123[deg]54'56'' W
[[Page 49031]]
Bald Eagle Days............... Cathlamet, WA.... One day in July.. 46[deg]12'14'' N 123[deg]23'17'' W
Independence Day at the Fort Vancouver, WA.... One Day in July.. 45[deg]36'57'' N 122[deg]40'09'' W
Vancouver.
Oregon Symphony Concert Portland, OR..... One day in August 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks. or September.
Astoria Regatta............... Astoria, OR...... One day in August 46[deg]11'34'' N 123[deg]49'28'' W
Leukemia and.................. Portland, OR..... One day in 45[deg]30'23'' N 122[deg]40'4'' W
Lymphoma Light the Night October.
Fireworks.
Veterans Day Celebration...... The Dalles, OR... One day in 45[deg]36'18'' N 121[deg]10'34'' W
November.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: September 24, 2018.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2018-21186 Filed 9-27-18; 8:45 am]
BILLING CODE 9110-04-P
