Safety Zone; Columbia River, Fireworks Kennewick, WA, 24059-24061 [2019-10888]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Proposed Rules
Authority: 16 U.S.C. 791–825r, 2601–2645;
31 U.S.C. 9701; 42 U.S.C. 7101–7352.
DEPARTMENT OF HOMELAND
SECURITY
2. Amend § 38.1 by revising paragraph
(b) to read as follows:
Coast Guard
khammond on DSKBBV9HB2PROD with PROPOSALS
■
§ 38.1 Incorporation by reference of North
American Energy Standards Board
Wholesale Electric Quadrant standards.
33 CFR Part 165
*
RIN 1625–AA00
*
*
*
*
(b) The business practice and
electronic communication standards the
Commission incorporates by reference
are as follows:
(1) WEQ–000, Abbreviations,
Acronyms, and Definition of Terms
(Version 003.2, Dec. 8, 2017);
(2) WEQ–001, Open Access SameTime Information System (OASIS),
OASIS Version 2.2 (Version 003.2, Dec.
8, 2017) with the exception of Standards
001–9 (preamble), 001–14.1.3, 001–
15.1.2 and 001–106.2.5);
(3) WEQ–002, Open Access SameTime Information System (OASIS)
Business Practice Standards and
Communication Protocols (S&CP),
OASIS Version 2.2 (Version 003.2, Dec.
8, 2017);
(4) WEQ–003, Open Access SameTime Information System (OASIS) Data
Dictionary Business Practice Standards,
OASIS Version 2.2 (Version 003.2, Dec.
8, 2017);
(5) WEQ–004, Coordinate Interchange
(Version 003.2, Dec. 8, 2017);
(6) WEQ–005, Area Control Error
(ACE) Equation Special Cases (Version
003.2, Dec. 8, 2017);
(7) (Reserved)
(8) WEQ–007, Inadvertent Interchange
Payback (Version 003.2, Dec. 8, 2017);
(9) WEQ–008, Transmission Loading
Relief (TLR)—Eastern Interconnection
(Version 003.2, Dec. 8, 2017);
(10) WEQ–011, Gas/Electric
Coordination (Version 003.2, Dec. 8,
2017);
(11) WEQ–012, Public Key
Infrastructure (PKI) (Version 003.2, Dec.
8, 2017);
(12) WEQ–013, Open Access SameTime Information System (OASIS)
Implementation Guide, OASIS Version
2.2 (Version 003.2, Dec. 8, 2017);
(13) WEQ–015, Measurement and
Verification of Wholesale Electricity
Demand Response (Version 003.2, Dec.
8, 2017);
(14) WEQ–021, Measurement and
Verification of Energy Efficiency
Products (Version 003.2, Dec. 8, 2017);
and
(15) WEQ–022, Electric Industry
Registry Business Practice Standards
(Version 003.2, Dec. 8, 2017).
[FR Doc. 2019–10695 Filed 5–23–19; 8:45 am]
BILLING CODE 6717–01–P
VerDate Sep<11>2014
16:21 May 23, 2019
Jkt 247001
[Docket Number USCG–2019–0323]
Safety Zone; Columbia River,
Fireworks Kennewick, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Columbia River
near Kennewick, WA. This action is
necessary to provide for the safety of life
on these navigable waters during a
fireworks display on July 4, 2019. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Columbia River or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 10, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0323 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,
U.S. Coast Guard; telephone 503–240–
9319, email msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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, Purpose, and Legal
Basis
Western Display notified the Coast
Guard that it will be conducting a
fireworks display from 10 p.m. to 10:30
p.m. on July 4, 2019, to commemorate
Independence Day. The fireworks will
launch from a site over the Columbia
River in Kennewick, WA. Hazards from
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
24059
firework displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Columbia River has determined that
potential hazards associated with the
fireworks in this display are a safety
concern for anyone within a 450-yard
radius of the discharge site.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 450-yard
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Captain of the Port Columbia
River proposes to establish a safety zone
from 9 p.m. to 11:30 p.m. on July 4,
2019. The safety zone would cover all
navigable waters of the Columbia River
within 450-yards of the discharge site
located at 46°13′22″ N, 119°9′17″ W, in
vicinity of Kennewick, WA. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 10 p.m. to 10:30
p.m. fireworks display. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document. If we issue
a final rule in this rulemaking, because
of the closeness of the event, we may
need to make it effective less than 30
days after publication in the Federal
Register. If we do that, we would
explain our good cause for doing so in
the final rule, as required by 5 U.S.C.
553(d)(3).
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
E:\FR\FM\24MYP1.SGM
24MYP1
24060
Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Proposed Rules
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 would be able to safely
transit around this safety zone which
would impact a small designated area of
the Columbia River for approximately
two hours during the evening when
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.
khammond on DSKBBV9HB2PROD with PROPOSALS
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 (Public Law 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.
VerDate Sep<11>2014
16:21 May 23, 2019
Jkt 247001
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 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 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
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
involves a safety zone lasting less than
two and a half hours that would
prohibit entry within 450 yards of the
fireworks discharge site. Normally such
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
E:\FR\FM\24MYP1.SGM
24MYP1
Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Proposed Rules
when comments are posted or a final
rule is published.
ACTION:
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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: 46 U.S.C. 70034, 70051; 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.T13–0323 to read as
follows:
■
§ 165.T13–0323 Safety Zone; Columbia
River, Fireworks Kennewick, WA.
(a) Safety zone. The following area is
designated a safety zone: Waters of the
Columbia River, within a 450-yard
radius of the fireworks discharge site
located at 46°13′22″ N, 119°9′17″ W in
vicinity of Kennewick, WA.
(b) Regulations. Under the general
safety zone regulations in subpart C of
this part, you may not enter 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 in
accordance with § 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 Columbia River or his
designated representative.
(c) Enforcement period. This section
will be enforced from 9 p.m. to 11:30
p.m. on July 4, 2019.
Dated: May 20, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2019–10888 Filed 5–23–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
khammond on DSKBBV9HB2PROD with PROPOSALS
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0302]
RIN 1625–AA00
Safety Zone: Cape Fear River,
Wilmington, NC
AGENCY:
Coast Guard, DHS.
VerDate Sep<11>2014
16:21 May 23, 2019
Jkt 247001
Notice of proposed rulemaking.
The Coast Guard is proposing
to establish a temporary safety zone on
the navigable waters of the Cape Fear
River near Wilmington, North Carolina.
This temporary safety zone is intended
to restrict vessel traffic on the Cape Fear
River from July 15, 2019, through
October 31, 2019, while work crews
replace power transmission lines
crossing over the river. This proposed
rulemaking would prohibit vessels or
persons from being in the safety zones
unless specifically authorized by the
Captain of the Port (COTP) North
Carolina or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 24, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0302 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, contact Petty Officer
Matthew Tyson, Waterways
Management Division, U.S. Coast Guard
Sector North Carolina, Wilmington, NC;
telephone: (910) 772–2221, email:
Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 23, Duke Energy provided
the Coast Guard with details concerning
the upgrading of towers and
replacement of power transmission lines
crossing over the Cape Fear River near
Wilmington, North Carolina, to be
conducted from July 15, 2019, through
October 31, 2019. Work will be done on
two steel towers located at approximate
positions 34°08′52″ N, 077°57′14″ W
and 34°08′59″ N, 077°56′56″ W (NAD
1983), and the power transmission lines
suspended between those towers. This
upgrade process will require the
complete closure of the navigation
channel on multiple days during the
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
24061
stated upgrade period. A safety zone is
proposed within 100 yards of the power
transmission line crossing. The Captain
of the Port (COTP) North Carolina has
determined that potential safety hazards
associated with power transmission line
replacement work would be a concern
for anyone transiting the Cape Fear
River.
The purpose of this rule is to protect
persons, vessels, and the marine
environment on the navigable waters of
the Cape Fear River during the
replacement of power transmission lines
crossing over the river. The Coast Guard
is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone on a portion of the Cape
Fear River from July 15, 2019, through
October 31, 2019, to be enforced while
Duke Energy replaces power
transmission lines over the river. Duke
Energy reports its work crews will need
to access the navigation channel for 12,
8-hour days, 3 days at a time, over 4
separate weeks, in order to replace the
power transmission lines. Due to the
nature of the work and the hazards it
presents to the workers and the public,
the COTP has identified the need to
close that Cape Fear River in the
vicinity of the power line crossing while
this work is ongoing. On days the safety
zone will be enforced, the affected
section of the river will be closed from
6:30 a.m. through 2:30 p.m. Currently,
the planned enforcement dates are July
29th through 31st, August 12th through
14th, September 3rd through 5th, and
September16th through 18th, 2019.
These times and dates may change due
to weather and equipment delivery
changes. Exact dates and times will be
announced by broadcast notice to
mariners at least two days prior to each
closure. This safety zone will include all
navigable waters of the Cape Fear River
within 100 yards of the power
transmission line crossing, from
approximate position 34°08′49″ N,
077°57′32″ W, then northeast to
34°09′07″ N, 077°56′41″ W, then south
along the shoreline to 34°09′03″ N,
077°56′41″ W, then southwest to
34°08′42″ N, 077°57′28″ W, then north
along the shoreline to the point of
origin. No vessel or person will be
permitted to enter the safety zone unless
specifically authorized by the COTP or
a designated representative. Vessels
with an air draft less than 30 feet will
be permitted to pass through the safety
zone approximately every two hours
during enforcement, when directed by
the Coast Guard or designated security
E:\FR\FM\24MYP1.SGM
24MYP1
]]>Agencies
[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Proposed Rules]
[Pages 24059-24061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10888]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0323]
RIN 1625-AA00
Safety Zone; Columbia River, Fireworks Kennewick, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Columbia River near Kennewick, WA. This
action is necessary to provide for the safety of life on these
navigable waters during a fireworks display on July 4, 2019. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Columbia
River or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 10, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0323 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, U.S. 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
Western Display notified the Coast Guard that it will be conducting
a fireworks display from 10 p.m. to 10:30 p.m. on July 4, 2019, to
commemorate Independence Day. The fireworks will launch from a site
over the Columbia River in Kennewick, WA. 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 has determined that potential hazards associated
with the fireworks in this display are a safety concern for anyone
within a 450-yard radius of the discharge site.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 450-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Captain of the Port Columbia River proposes to establish a
safety zone from 9 p.m. to 11:30 p.m. on July 4, 2019. The safety zone
would cover all navigable waters of the Columbia River within 450-yards
of the discharge site located at 46[deg]13'22'' N, 119[deg]9'17'' W, in
vicinity of Kennewick, WA. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 10 p.m. to 10:30 p.m. fireworks display. No
vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
If we issue a final rule in this rulemaking, because of the closeness
of the event, we may need to make it effective less than 30 days after
publication in the Federal Register. If we do that, we would explain
our good cause for doing so in the final rule, as required by 5 U.S.C.
553(d)(3).
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
[[Page 24060]]
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
would be able to safely transit around this safety zone which would
impact a small designated area of the Columbia River for approximately
two hours during the evening when 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 (Public Law 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 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 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 a safety zone lasting less
than two and a half hours that would prohibit entry within 450 yards of
the fireworks discharge site. Normally such 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
[[Page 24061]]
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 record
keeping 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: 46 U.S.C. 70034, 70051; 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.T13-0323 to read as follows:
Sec. 165.T13-0323 Safety Zone; Columbia River, Fireworks Kennewick,
WA.
(a) Safety zone. The following area is designated a safety zone:
Waters of the Columbia River, within a 450-yard radius of the fireworks
discharge site located at 46[deg]13'22'' N, 119[deg]9'17'' W in
vicinity of Kennewick, WA.
(b) Regulations. Under the general safety zone regulations in
subpart C of this part, you may not enter 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 in
accordance with 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 Columbia River or his designated
representative.
(c) Enforcement period. This section will be enforced from 9 p.m.
to 11:30 p.m. on July 4, 2019.
Dated: May 20, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2019-10888 Filed 5-23-19; 8:45 am]
BILLING CODE 9110-04-P
