Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone, 62259-62262 [2018-26151]
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Under the provisions of 33 CFR
165.33, no person or vessel may enter or
remain in this security zone without the
permission of the Captain of the Port
Detroit. Each person and vessel in this
security zone shall obey any direction or
order of the Captain of the Port Detroit.
The Captain of the Port Detroit may take
possession and control of any vessel in
this security zone. The Captain of the
Port Detroit may remove any person,
vessel, article, or thing from this
security zone. No person may board, or
take or place any article or thing on
board any vessel in this security zone
without the permission of the Captain of
Port Detroit. No person may take or
place any article or thing upon any
waterfront facility in this security zone
without the permission of the Captain of
the Port Detroit.
Vessels that wish to transit through
this security zone shall request
permission from the Captain of the Port
Detroit or his designated representative.
Requests must be made in advance and
approved by the Captain of Port before
transits will be authorized. Approvals
may be granted on a case by case basis.
The Captain of the Port may be
contacted via U.S. Coast Guard Sector
Detroit on channel 16, VHF–FM. The
Coast Guard will give notice to the
public via Local Notice to Mariners and
VHF radio broadcasts that the regulation
is in effect and when enforced.
This document is issued under
authority of 33 CFR 165.915 and 5
U.S.C. 552(a). If the Captain of the Port
determines that this security zone need
not be enforced for the full duration
stated in this document; he may
suspend such enforcement and notify
the public of the suspension via a
Broadcast Notice to Mariners.
Dated: November 27, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–26149 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0868]
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RIN 1625–AA00
Safety Zone; Annual Fireworks
Displays Within the Sector Columbia
River Captain of the Port Zone
AGENCY:
Coast Guard, DHS.
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ACTION:
Final rule.
III. Legal Authority and Need for Rule
The Coast Guard is revising
the regulation for safety zones for
annual fireworks displays in the Captain
of the Port Zone Columbia River. This
action is necessary to provide for the
safety of life on navigable waters during
the fireworks displays. This rule
includes updating 3 existing safety
zones, adding 1 safety zone for a
fireworks display that was previously
published as a temporary regulation,
and removing 10 safety zones for
inactive fireworks displays.
DATES: This rule is effective January 2,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0868 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 amending the
regulation for safety zones for annual
fireworks displays in the Captain of the
Port Zone Columbia River, 33 CFR
165.1315. This rule is removing 10
safety zones for inactive fireworks
displays, adding 1 safety zone for a new,
recurring fireworks display for which
we previously issued a temporary safety
zone, and updating the date or location
for 3 existing fireworks displays.
On September 28, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled, ‘‘Safety
Zone; Annual Fireworks Displays
within the Sector Columbia River
Captain of the Port Zone’’ (83 FR
49028). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to annual fireworks displays. During the
comment period that ended October 29,
2018, we received four comments.
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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
displays create hazardous conditions for
the maritime public because of the large
number of vessels near the displays, as
well as the noise, falling debris, and
explosions that occur during the event.
Because firework discharge sites pose a
potential hazard to the maritime public,
these safety zones are necessary in order
to restrict vessel movement and reduce
vessel congregation in the proximity of
the firework discharge sites. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zone before, during, and after
the scheduled events and provides the
public accurate information regarding
safety zones for annual fireworks
displays in the Captain of the Port Zone
Columbia River.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received four
comments on our NPRM published
September 28, 2018. The first comment
suggested establishing new safety zones
to replace the 10 inactive safety zones
this rule is removing. There has been no
indication from the sponsors of these
events that they plan to continue them
and our office has not received any
additional information to warrant the
addition of replacement safety zones.
The second and third comments
contained no suggested changes or
recommendations. The fourth comment
supported the creation of this rule.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
The Coast Guard is removing 10
fireworks display safety zones in 33 CFR
165.1315 that are listed in Table 1 below
because there has been no indication
from the sponsors of these events that
they plan to continue them.
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
TABLE 1—LIST OF SAFETY ZONE WE ARE REMOVING 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 ...........................
Additionally, the Coast Guard is
adding a new fireworks display safety
zone. We previously issued a temporary
safety zone (83 FR 30869, July 2, 2018)
for that event, and after conferring with
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.
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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
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in
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May ..............
June .............
July ..............
July ..............
July ..............
July ..............
July ..............
July ..............
September ...
October ........
the event sponsor, we determined it will
become a recurring fireworks display.
This safety zone will cover all navigable
waters within a 450-yard radius of the
fireworks barge in the Willamette River
City of Lake Oswego 4th of July Fireworks ............
Finally, the Coast Guard is revising
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 will 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 will eliminate any
confusion caused by the fireworks
display safety zones listed in the 33 CFR
165.1315 table and any subsequently
issued temporary safety zones resulting
from changes to the dates or locations of
the events. The regulatory text appears
at the end of this document.
Portland, OR ...................
Newport, OR ...................
Milwaukie, OR ................
Arlington, OR ..................
Gresham, OR .................
Rufus, OR .......................
St. Helens, OR ...............
West Linn, OR ................
Milwaukie, OR ................
Oregon City, OR .............
Lake Oswego, OR ..........
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zones 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.
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120°12′11″
122°27′10″
120°45′16″
122°47′26″
122°37′52″
122°38′44″
122°36′21″
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located at approximately 45°24′37″ N,
122°39′30″ W in the vicinity of George
Rogers Park in Lake Oswego, OR. The
following will be added to the table in
33 CFR 165.1315:
One day in July ..............
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 will be able to safely transit
around these safety zones which will
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 will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zones, and the rule allows vessels to
seek permission to enter the zone.
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″
45°24′37″ N
122°39′30″ W
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
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
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 Order13132.
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.
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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
List of Subjects in 33 CFR Part 165
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 safety
zones lasting less approximately two
hours in duration that will prohibit
entry within 450 yards of fireworks
launch sites. 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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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.
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. In § 165.1315, revise paragraph (a)
to read as follows:
■
§ 165.1315 Safety Zone; Annual Fireworks
Displays within the Sector Columbia River
Captain of the Port Zone.
(a) Safety zones. The following areas
are designated safety zones: Waters of
the Columbia River and its tributaries,
waters of the Siuslaw River, Yaquina
River, Umpqua River, Clatskanie River,
Tillamook Bay and waters of the
Washington and Oregon Coasts, within
a 450 yard radius of the launch site at
the approximate locations listed in the
following table:
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 ................................................
Portland, OR ...................
Kennewick, WA ..............
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Latitude
Longitude
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 ..................
One
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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
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″
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62262
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Event name
(typically)
Event location
Date of event
Westport 4th of July ................................................
The 4th of July at Pekin Ferry .................................
Bandon 4th of July ..................................................
Garibaldi Days Fireworks ........................................
Bald Eagle Days ......................................................
Independence Day at the Fort Vancouver ..............
Oregon Symphony Concert Fireworks ....................
Westport, WA .................
Ridgefield, WA ................
Bandon, OR ....................
Garibaldi, OR ..................
Cathlamet, WA ...............
Vancouver, WA ..............
Portland, OR ...................
46°54′17″
45°52′07″
43°07′29″
45°33′13″
46°12′14″
45°36′57″
45°30′42″
Astoria Regatta ........................................................
Leukemia and Lymphoma Light the Night Fireworks.
Veterans Day Celebration .......................................
Astoria, OR .....................
Portland, OR ...................
One day in July ..............
Saturday before July 4th
One day in July ..............
One day in July ..............
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
*
*
*
*
*
Dated: November 27, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port Columbia River.
[FR Doc. 2018–26151 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0672; FRL–9986–75–
Region 8]
Approval and Promulgation of
Implementation Plans; South Dakota;
Regional Haze 5-Year Progress Report
State Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a State Implementation Plan (SIP)
revision submitted by the State of South
Dakota through the South Dakota
Department of Environment and Natural
Resources (DENR) on January 27, 2016.
South Dakota’s January 27, 2016 SIP
revision (Progress Report) addresses
requirements of the Clean Air Act (CAA
or Act) and the EPA’s rules that require
each state to submit periodic reports
describing progress towards reasonable
progress goals (RPGs) established for
regional haze and a determination of the
adequacy of the state’s existing SIP
addressing regional haze (regional haze
plan). The EPA is finalizing approval of
South Dakota’s determination that the
State’s regional haze plan is adequate to
meet these RPGs for the first
implementation period covering
through 2018 and requires no
substantive revision at this time.
DATES: This rule will be effective
January 2, 2019.
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SUMMARY:
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124°05′59″
122°43′53″
124°25′05″
123°54′56″
123°23′17″
122°40′09″
122°40′14″
W
W
W
W
W
W
W
ADDRESSES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2017–0672. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kate
Gregory, Air Program, Environmental
Protection Agency, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6175, or by email at
gregory.kate@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
submittal of the initial regional haze
plan. On January 21, 2011, South Dakota
submitted the State’s first regional haze
SIP in accordance with 40 CFR 51.308,
which the EPA fully approved.2
On January 27, 2016, South Dakota
submitted its Progress Report which,
among other things, detailed the
progress made in the first period toward
implementation of the long-term
strategy outlined in the State’s regional
haze plan; the visibility improvement
measured at Badlands and Wind Cave
National Parks, the two Class I areas
within South Dakota, and at Class I
areas outside of the State potentially
impacted by emissions from South
Dakota; and a determination of the
adequacy of the State’s existing regional
haze plan.
In a notice of proposed rulemaking
(NPRM) published on March 19, 2018
(83 FR 11946), the EPA proposed to
approve South Dakota’s Progress Report.
The details of South Dakota’s
submission and the rationale for the
EPA’s actions are explained in the
NPRM.
I. Background
States are required to submit a
progress report in the form of a SIP
revision for the first implementation
period that evaluates progress towards
the RPGs for each mandatory Class I
federal area1 (Class I area) within the
state and for each Class I area outside
the state which may be affected by
emissions from within the state (40 CFR
51.308(g)). In addition, the provisions of
40 CFR 51.308(h) require states to
submit, at the same time as the 40 CFR
51.308(g) progress report, a
determination of the adequacy of the
state’s existing regional haze plan. The
first progress report is due 5 years after
II. Response to Comments
1 Areas designated as mandatory Class I federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). These areas are listed at 40 CFR part 81,
subpart D.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Comments on the proposed
rulemaking were due on or before April
18, 2018. The EPA received a total of 16
public comment submissions on the
proposed approval. All public
comments received on this rulemaking
action are available for review by the
public and may be viewed by following
the instructions for access to docket
materials as outlined in the ADDRESSES
section of this preamble. After
reviewing the comments, the EPA has
determined that 15 of the comment
submissions are outside the scope of our
proposed action and/or fail to identify
any material issue necessitating a
response. We received one comment
letter from the National Parks
2 77 FR 24845 (April 26, 2012). EPA fully
approved South Dakota’s regional haze SIP
submittal addressing the requirements of the first
implementation period for regional haze.
E:\FR\FM\03DER1.SGM
03DER1
]]>Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62259-62262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26151]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the regulation for safety zones
for annual fireworks displays in the Captain of the Port Zone Columbia
River. This action is necessary to provide for the safety of life on
navigable waters during the fireworks displays. This rule includes
updating 3 existing safety zones, adding 1 safety zone for a fireworks
display that was previously published as a temporary regulation, and
removing 10 safety zones for inactive fireworks displays.
DATES: This rule is effective January 2, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0868 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 Coast Guard is amending the regulation for safety zones for
annual fireworks displays in the Captain of the Port Zone Columbia
River, 33 CFR 165.1315. This rule is removing 10 safety zones for
inactive fireworks displays, adding 1 safety zone for a new, recurring
fireworks display for which we previously issued a temporary safety
zone, and updating the date or location for 3 existing fireworks
displays.
On September 28, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled, ``Safety Zone; Annual Fireworks
Displays within the Sector Columbia River Captain of the Port Zone''
(83 FR 49028). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to annual fireworks
displays. During the comment period that ended October 29, 2018, we
received four comments.
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 displays create
hazardous conditions for the maritime public because of the large
number of vessels near the displays, as well as the noise, falling
debris, and explosions that occur during the event. Because firework
discharge sites pose a potential hazard to the maritime public, these
safety zones are necessary in order to restrict vessel movement and
reduce vessel congregation in the proximity of the firework discharge
sites. The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zone before, during, and after the
scheduled events and provides the public accurate information regarding
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comments on our NPRM published
September 28, 2018. The first comment suggested establishing new safety
zones to replace the 10 inactive safety zones this rule is removing.
There has been no indication from the sponsors of these events that
they plan to continue them and our office has not received any
additional information to warrant the addition of replacement safety
zones. The second and third comments contained no suggested changes or
recommendations. The fourth comment supported the creation of this
rule. There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
The Coast Guard is removing 10 fireworks display safety zones in 33
CFR 165.1315 that are listed in Table 1 below because there has been no
indication from the sponsors of these events that they plan to continue
them.
[[Page 62260]]
Table 1--List of Safety Zone We Are Removing 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 is adding a new fireworks display
safety zone. We previously issued a temporary safety zone (83 FR 30869,
July 2, 2018) for that event, and after conferring with the event
sponsor, we determined it will become a recurring fireworks display.
This safety zone will cover all navigable waters within a 450-yard
radius of the fireworks barge in the Willamette River located at
approximately 45[deg]24'37'' N, 122[deg]39'30'' W in the vicinity of
George Rogers Park in Lake Oswego, OR. The following will 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 is revising 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 will 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 will eliminate any confusion caused by the fireworks
display safety zones listed in the 33 CFR 165.1315 table and any
subsequently issued temporary safety zones resulting from changes to
the dates or locations of the events. The regulatory text appears at
the end of this document.
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 size, location,
duration, and time-of-day of the safety zone. Vessel traffic will be
able to safely transit around these safety zones which will 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 will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zones, 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zones 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
[[Page 62261]]
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 Order13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
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
safety zones lasting less approximately two hours in duration that will
prohibit entry within 450 yards of fireworks launch sites. 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. In Sec. 165.1315, revise paragraph (a) to read as follows:
Sec. 165.1315 Safety Zone; Annual Fireworks Displays within the
Sector Columbia River Captain of the Port Zone.
(a) Safety zones. The following areas are designated safety zones:
Waters of the Columbia River and its tributaries, waters of the Siuslaw
River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and
waters of the Washington and Oregon Coasts, within a 450 yard radius of
the launch site at the approximate locations listed in the following
table:
----------------------------------------------------------------------------------------------------------------
Event name (typically) Event location Date of event Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Portland Rose Festival Portland, OR.... One day in May 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. or 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, One day in July. 45[deg]40'15'' N 121[deg]53'43'' W
July Fireworks. OR.
Clatskanie Heritage Days Clatskanie, OR.. One day in July. 46[deg]6'17'' N 123[deg]12'02'' W
Fireworks.
Washougal 4th of July......... Washougal, WA... One day in July. 45[deg]34'32'' N 122[deg]22'53'' W
City of St. Helens 4th of July St. Helens, OR.. One day in July. 45[deg]51'54'' N 122[deg]47'26'' W
Fireworks.
Waverly Country Club 4th of Milwaukie, OR... One day in July. 45[deg]27'03'' N 122[deg]39'18'' W
July Fireworks.
Hood River 4th of July........ Hood River, OR.. One day in July. 45[deg]42'58'' N 121[deg]30'32'' W
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
[[Page 62262]]
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
Bald Eagle Days............... Cathlamet, WA... One day in July. 46[deg]12'14'' N 123[deg]23'17'' W
Independence Day at the Fort Vancouver, WA... One day in July. 45[deg]36'57'' N 122[deg]40'09'' W
Vancouver.
Oregon Symphony Concert Portland, OR.... One day in 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks. August or
September.
Astoria Regatta............... Astoria, OR..... One day in 46[deg]11'34'' N 123[deg]49'28'' W
August.
Leukemia and Lymphoma Light Portland, OR.... One day in 45[deg]30'23'' N 122[deg]40'4'' W
the Night Fireworks. October.
Veterans Day Celebration...... The Dalles, OR.. One day in 45[deg]36'18'' N 121[deg]10'34'' W
November.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: November 27, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port Columbia River.
[FR Doc. 2018-26151 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P
