Safety Zone; Willamette River, Portland, OR, 50260-50262 [2018-21759]
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
MD, has requested a temporary
deviation from the current operating
regulation. This temporary deviation is
necessary to accommodate cleaning and
painting of the bridge. The bridge is a
double bascule bridge and has a vertical
clearance in the closed position of 1 foot
above mean high water.
The current operating schedule is set
out in 33 CFR 117.579. Under this
temporary deviation, the bridge will be
maintained in the closed-to-navigation
position from 6 a.m. on October 5, 2018,
through 6 a.m. on December 31, 2018.
The Wicomico River is used by tug and
barge, and small commercial vessels.
The Coast Guard has carefully
coordinated the restrictions with
waterway users in publishing this
temporary deviation.
The bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterway
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessels
can arrange their transits to minimize
any impacts caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 2, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–21771 Filed 10–4–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0901]
RIN 1625–AA00
Safety Zone; Willamette River,
Portland, OR
Coast Guard, DHS.
Temporary final rule.
daltland on DSKBBV9HB2PROD with RULES
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Willamette River
between the Tilikum Crossing and
Marquam bridges in Portland, OR. This
safety zone is necessary to provide for
SUMMARY:
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the safety of life on these navigable
waters during a fireworks display on
October 27, 2018. This regulation
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Sector Columbia River or a designated
representative.
This rule is effective from 6:40
p.m. to 9 p.m. on October 27, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0901 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Dixon Whitley, Waterways
Management Division, Marine Safety
Unit Portland, Coast Guard; telephone
503–240–9319, email msupdxwwm@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
II. Background Information and
Regulatory History
The Leukemia and Lymphoma
Society will be conducting a fireworks
display from 7:40 p.m. to 8 p.m. on
October 27, 2018. The fireworks are to
be launched from a barge in the
Willamette River between the Tilikum
Crossing and Marquam bridges in
Portland, OR. Hazards from firework
displays include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
Captain of the Port Columbia River
(COTP) has determined that potential
hazards associated with the fireworks to
be used in this display will be a safety
concern for anyone within a 450-yard
radius of the barge.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
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notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable to complete a
notice-and-comment rulemaking by the
date of the fireworks display, October
27, 2018.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because an enforcement regulation is
needed on October 27, 2018, to respond
to the potential safety hazards
associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Columbia River
(COTP) has determined that potential
hazards associated with the fireworks
display on October 27, 2018, will be a
safety concern for anyone within a 450yard radius of launch site. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters from these potential
hazards within the safety zone before,
during and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6:40 p.m. until 9 p.m. on October
27, 2018. The safety zone will cover all
navigable waters within 450 yards of the
barge being used to launch the fireworks
display from position 45°30′23.00″ N,
122°40′4.71″ W, on the Willamette River
in Portland, OR. The duration of the
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
7:40 p.m. to 8 p.m. fireworks display.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
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05OCR1
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the Willamette River for less than 2.5
hours during the evening when vessel
traffic is normally low. Moreover, the
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
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16:12 Oct 04, 2018
Jkt 247001
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
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50261
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting approximately 2.5 hours
that will prohibit entry within 450 yards
of a fireworks barge. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. Add § 165.T13–0901 to read as
follows:
■
§ 165.T13–0901 Safety Zone; Willamette
River, Portland, OR.
(a) Safety zone. The following area is
a safety zone: Waters of the Willamette
River between the Tilikum and
Marquam bridges, within a 450-yard
radius of the fireworks barge located at
45°30′23.00″ N, 122°40′4.71″ W in
Portland, OR.
(b) Regulations. Under § 165.23, no
person may enter or remain in the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Columbia River or his
designated representative. Also, under
§ 165.23, no person may bring into, or
allow to remain in this safety zone any
vehicle, vessel, or object unless
authorized by the Captain of the Port
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
Columbia River or his designated
representative.
(c) Enforcement period. This section
will be enforced from 6:40 p.m. to 9
p.m. on October 27, 2018.
Dated: September 19, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port Columbia River.
[FR Doc. 2018–21759 Filed 10–4–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0893]
RIN 1625–AA00
Safety Zone; APA Convention
Fireworks; Lake Erie, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of the launch site at 101 Erieside
Avenue, Cleveland, OH. This safety
zone is intended to restrict vessels from
a portion of Lake Erie during the APA
70th Anniversary Convention fireworks
displays. This temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Buffalo.
DATES: This rule is effective without
actual notice from 9 a.m. on October 5,
2018 until 10:45 p.m. on October 5,
2018. For the purposes of enforcement,
actual notice will be used from 9:15
p.m. October 3, 2018, until 9 a.m. on
October 5, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0893 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Ryan Junod, Chief of
Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland;
telephone 216–937–0124, email
ryan.s.junod@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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16:12 Oct 04, 2018
Jkt 247001
I. Table of Abbreviations
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause find that those procedures are
‘‘impracticable, unnecessary, or contrary
to public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with a
maritime fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register because doing so
would be impracticable and contrary to
the public interest. Delaying the
effective date would be contrary to the
rule’s objectives of ensuring safety of
life on the navigable waters and
protection of persons and vessels near
the maritime fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo, NY (COTP)
has determined that a fireworks display
presents significant risks to the public
safety and property. Such hazards
include premature and accidental
detonations, dangerous projectiles, and
falling or burning debris. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks display takes place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:15 p.m. through 10:15 p.m. on
October 3, 2018, and 9:45 p.m. through
10:45 p.m. on October 5, 2018. The
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safety zone will cover all navigable
waters within a 420-foot radius of:
41°30′33.4″ N, 081°41′58.0″ W at 101
Erieside Avenue, Cleveland, OH.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on our anticipation that it will
have minimal impact on the economy,
will not interfere with other agencies,
will not adversely alter the budget of
any grant or loan recipients, and will
not raise any novel legal or policy
issues. The safety zone created by this
rule will be relatively small and
enforced for a relatively short time.
Also, the safety zone is designed to
minimize its impact on navigable
waters. Furthermore, the safety zone has
been designed to allow vessels to transit
around it. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port.
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
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50260-50262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21759]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0901]
RIN 1625-AA00
Safety Zone; Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Willamette River between the Tilikum Crossing
and Marquam bridges in Portland, OR. This safety zone is necessary to
provide for the safety of life on these navigable waters during a
fireworks display on October 27, 2018. This regulation prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector Columbia River or a designated
representative.
DATES: This rule is effective from 6:40 p.m. to 9 p.m. on October 27,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0901 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Dixon Whitley, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Leukemia and Lymphoma Society will be conducting a fireworks
display from 7:40 p.m. to 8 p.m. on October 27, 2018. The fireworks are
to be launched from a barge in the Willamette River between the Tilikum
Crossing and Marquam bridges in Portland, OR. Hazards from firework
displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Columbia River (COTP) has determined that potential hazards
associated with the fireworks to be used in this display will be a
safety concern for anyone within a 450-yard radius of the barge.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable to complete
a notice-and-comment rulemaking by the date of the fireworks display,
October 27, 2018.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because an enforcement regulation is
needed on October 27, 2018, to respond to the potential safety hazards
associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with the fireworks display on October 27,
2018, will be a safety concern for anyone within a 450-yard radius of
launch site. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters from these potential hazards
within the safety zone before, during and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 6:40 p.m. until 9 p.m. on
October 27, 2018. The safety zone will cover all navigable waters
within 450 yards of the barge being used to launch the fireworks
display from position 45[deg]30'23.00'' N, 122[deg]40'4.71'' W, on the
Willamette River in Portland, OR. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled 7:40 p.m. to 8 p.m. fireworks display.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not
[[Page 50261]]
been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule has not been reviewed by the Office
of Management and Budget (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Willamette River for less than
2.5 hours during the evening when vessel traffic is normally low.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule allows vessels to
seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting approximately 2.5 hours that will prohibit entry
within 450 yards of a fireworks barge. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T13-0901 to read as follows:
Sec. 165.T13-0901 Safety Zone; Willamette River, Portland, OR.
(a) Safety zone. The following area is a safety zone: Waters of the
Willamette River between the Tilikum and Marquam bridges, within a 450-
yard radius of the fireworks barge located at 45[deg]30'23.00'' N,
122[deg]40'4.71'' W in Portland, OR.
(b) Regulations. Under Sec. 165.23, no person may enter or remain
in the safety zone described in paragraph (a) of this section unless
authorized by the Captain of the Port Columbia River or his designated
representative. Also, under Sec. 165.23, no person may bring into, or
allow to remain in this safety zone any vehicle, vessel, or object
unless authorized by the Captain of the Port
[[Page 50262]]
Columbia River or his designated representative.
(c) Enforcement period. This section will be enforced from 6:40
p.m. to 9 p.m. on October 27, 2018.
Dated: September 19, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port Columbia River.
[FR Doc. 2018-21759 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P
