Safety Zone; Fireworks Display, Yaquina Bay, Newport, OR, 32972-32974 [2023-10886]
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32972
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations
approximately 36°58′00″ N, 076°20′00″
W, and gated Elizabeth River Channel
Lighted Buoys 17 and 18 of Craney
Island Reach (southwest of Norfolk
International Terminal at approximately
36°54′17″ N, and 076°20′11″ W.
(9) Port security requirements. This
paragraph shall only apply when the
Commandant or the Captain of the Port
sets MARSEC Level 2 or 3, as detailed
in 33 CFR part 101, for any area,
operation, or industry within the
Regulated Navigation Area. Vessels in
excess of 300 gross tons, including tug
and barge combinations in excess of 300
gross tons (combined), shall not enter
the Regulated Navigation Area, move
within the Regulated Navigation Area,
or be present within the Regulated
Navigation Area, unless they comply
with the following requirements:
(i) Obtain authorization to enter the
Regulated Navigation Area from the
designated representative of the Captain
of the Port prior to entry. All vessels
entering or remaining in the Regulated
Navigation Area may be subject to a
Coast Guard boarding.
(ii) Report any departure from or
movement within the Regulated
Navigation Area to the designated
representative of the Captain of the Port
prior to getting underway.
(iii) The designated representative of
the Captain of the Port is the Sector
Command Center (SCC) which shall be
contacted on VHF–FM channel 12, or by
calling (757) 668–5555.
(iv) In addition to the authorities
listed in this part, this paragraph is
promulgated under the authority under
46 U.S.C. 70116.
(e) Waivers. (1) The Captain of the
Port may, upon request, waive any
regulation in this section.
(2) An application for a waiver must
state the need for the waiver and
describe the proposed vessel operations.
(f) Control of vessels within the
regulated navigation area. (1) When
necessary to avoid hazard to vessel
traffic, facility or port infrastructure, or
the public, the Captain of the Port may
prohibit entry into the regulated area,
direct the movement of a vessel or
vessels, or issue orders requiring vessels
to anchor or moor in specific locations.
(2) If needed for the maritime,
commercial or safety and security
interests of the United States, the
Captain of the Port may direct a vessel
or vessels to move from its current
location to another location within the
Regulated Navigation Area, or to leave
the Regulated Navigation Area
completely.
(3) The master of a vessel within the
Regulated Navigation Area shall comply
with any orders or directions issued to
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the master’s vessel by the Captain of the
Port.
Dated: May 17, 2023.
Shannon N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2023–10935 Filed 5–22–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0205]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Yaquina Bay, Newport, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Yaquina Bay. This
action is necessary to provide for the
safety of participants and the maritime
public during a fireworks display on the
Yaquina Bay near Newport, Oregon on
July 4th, 2023. This regulation prohibits
non-participant persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Columbia River or a designated
representative.
SUMMARY:
This rule is effective from 9:30
p.m. to 11 p.m. on July 4, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0205 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this proposed
rulemaking, call or email LT Carlie
Gilligan, Waterways Management
Division, Sector Columbia River, Coast
Guard; telephone 503–240–9319, email
D13-SMB-MSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On February 6, 2023, Western Display
Fireworks, LTD notified the Coast Guard
that it will be conducting a fireworks
display from 10 to 10:30 p.m. on July 4,
2023. In response, on March 27, 2023,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Fireworks Display,
Yaquina Bay, Newport, OR (88 FR
18104). There we stated why we issued
the NPRM and invited comments on our
proposed regulatory action related to
this fireworks display. During the
comment period that ended April 26,
2023, we received two comments, both
in support of the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Columbia River
(COTP) has determined that the
potential hazards associated with the
fireworks display would be a safety
concern for anyone within the
designated area of the safety zone
before, during, or after the event. The
purpose of this rulemaking is to protect
personnel, vessels, and the marine
environment in these navigable waters
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
relevant comments on our NPRM
published March 27, 2023. The
comments supported and agreed with
the proposed rule. Thus, there are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
from 9:30 to 11 p.m. on July 4, 2023.
The safety zone would cover all
navigable waters within 500 feet of the
launch site located at approximately
44°37′31″ N 124°2′5″ W in the Port of
Newport, Oregon. The duration of the
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
10 to 10:30 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.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations
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.
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).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. The safety
zone created by this rule is designed to
minimize its impact on navigable
waters. This rule prohibits entry into
certain navigable waters of the Yaquina
Bay and will not exceed 2 hours in
duration. Thus, restrictions on vessel
movement within that area will be
minimal. Moreover, under certain
conditions vessels may still transit
through the safety zone when permitted
by the COTP. 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.
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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
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
affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
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16:01 May 22, 2023
Jkt 259001
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 does 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.
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.
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32973
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 proposed rule
involves a safety zone that will be
enforced for 1.5 hours that will prohibit
entry within 500 feet of a fireworks
launch site. 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. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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 is amending
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T13–0205 to read as
follows:
■
§ 165.T13–0205 Safety Zone; Fireworks
Display, Yaquina Bay, Newport, OR.
(a) Location. The following area is a
safety zone: All navigable waters within
500 feet of a fireworks launch site in
Newport, OR. The fireworks launch site
will be at the approximate point of
44°37′31.62″ N/124°2′5.42″ W.
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32974
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Rules and Regulations
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Columbia River
(COTP) in the enforcement of the safety
zone.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the fireworks
display.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, all non-participants may not
enter the safety zone described in
paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 9:30 to 11 p.m. on
July 4, 2023. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Notice to
Mariners.
Dated: May 17, 2023.
M. Scott Jackson,
Captain, U.S. Coast Guard Captain of the
Port, Sector Columbia River.
[FR Doc. 2023–10886 Filed 5–22–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AQ58
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Collection or Recovery by VA for
Humanitarian Care or Services and for
Certain Other Care and Services
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as final, with a
minor technical change, a proposed rule
SUMMARY:
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16:01 May 22, 2023
Jkt 259001
to revise its regulations concerning
reimbursement rates for health care that
VA provides to individuals who are not
otherwise eligible for such care as
veterans or other VA beneficiaries. This
rulemaking revises several medical
regulations to be consistent with
applicable law, to remove obsolete
provisions, and to clarify the provision
of VA health care to individuals who are
not otherwise eligible for such care as
veterans or other VA beneficiaries.
DATES: This rule is effective June 22,
2023.
FOR FURTHER INFORMATION CONTACT:
Debra Vatthauer, Office of Finance,
Revenue Operations, Payer Relations
and Services, Rates and Charges
(104RO1), Veterans Health
Administration, Department of Veterans
Affairs, 128 Bingham Road, Suite 1000,
Asheville, NC 28806; telephone: 608–
821–7346 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: On 29
November 2022 VA published a
proposed rule in the Federal Register
that would revise its regulations
concerning reimbursement rates for
health care that VA provides to
individuals who are not otherwise
eligible for such care as veterans or
other VA beneficiaries. Specifically, this
rulemaking would revise provisions of
VA regulations and make them
consistent with applicable law along
with removing obsolete provisions.
These revisions would clarify VA
regulations related to the provision of
VA health care to individuals who are
not otherwise eligible for such care as
veterans or other VA beneficiaries, and
it would not substantively affect the
provision of health care to eligible
veterans or other VA beneficiaries.
VA provided a 60-day comment
period, which ended on January 30,
2023. VA received one comment on the
proposed rule. This comment supported
the proposed rule, and we thank the
commenter for their comment.
Based on the rationale set forth in the
proposed rule, VA is adopting the
proposed rule with a minor technical
change. To comply with Federal
Register drafting practices, we are
making a minor change to the language
proposed in 38 CFR 17.102 to replace
the term ‘‘below.’’ with ‘‘as follows:’’.
These changes have no substantive
impact on provision of benefits or
services to veterans.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
to assess the costs and benefits of
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rule is not a
significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
will affect only individuals and other
Federal agencies. Therefore, pursuant to
5 U.S.C. 605(b), the initial and final
regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Paperwork Reduction Act
This rule contains no collections of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
E:\FR\FM\23MYR1.SGM
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Agencies
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32972-32974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10886]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0205]
RIN 1625-AA00
Safety Zone; Fireworks Display, Yaquina Bay, Newport, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Yaquina Bay. This action is necessary to provide
for the safety of participants and the maritime public during a
fireworks display on the Yaquina Bay near Newport, Oregon on July 4th,
2023. This regulation prohibits non-participant persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Columbia River or a designated representative.
DATES: This rule is effective from 9:30 p.m. to 11 p.m. on July 4,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0205 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Carlie Gilligan, Waterways
Management Division, Sector Columbia River, Coast Guard; telephone 503-
240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
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
On February 6, 2023, Western Display Fireworks, LTD notified the
Coast Guard that it will be conducting a fireworks display from 10 to
10:30 p.m. on July 4, 2023. In response, on March 27, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Fireworks Display, Yaquina Bay, Newport, OR (88 FR 18104). There
we stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended April 26, 2023, we received two comments, both in
support of the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Columbia River (COTP) has determined
that the potential hazards associated with the fireworks display would
be a safety concern for anyone within the designated area of the safety
zone before, during, or after the event. The purpose of this rulemaking
is to protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two relevant comments on our NPRM
published March 27, 2023. The comments supported and agreed with the
proposed rule. Thus, there are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 9:30 to 11 p.m. on July 4,
2023. The safety zone would cover all navigable waters within 500 feet
of the launch site located at approximately 44[deg]37'31'' N
124[deg]2'5'' W in the Port of Newport, Oregon. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 10 to 10:30 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.
[[Page 32973]]
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. 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).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this rule is designed to minimize its impact on navigable waters. This
rule prohibits entry into certain navigable waters of the Yaquina Bay
and will not exceed 2 hours in duration. Thus, restrictions on vessel
movement within that area will be minimal. Moreover, under certain
conditions vessels may still transit through the safety zone when
permitted by the COTP. 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 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 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 affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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 does 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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 proposed rule
involves a safety zone that will be enforced for 1.5 hours that will
prohibit entry within 500 feet of a fireworks launch site. 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. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 is
amending 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0205 to read as follows:
Sec. 165.T13-0205 Safety Zone; Fireworks Display, Yaquina Bay,
Newport, OR.
(a) Location. The following area is a safety zone: All navigable
waters within 500 feet of a fireworks launch site in Newport, OR. The
fireworks launch site will be at the approximate point of
44[deg]37'31.62'' N/124[deg]2'5.42'' W.
[[Page 32974]]
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the safety zone.
Participant means all persons and vessels registered with the event
sponsor as a participant in the fireworks display.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all non-participants may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 9:30 to
11 p.m. on July 4, 2023. It will be subject to enforcement this entire
period unless the COTP determines it is no longer needed, in which case
the Coast Guard will inform mariners via Notice to Mariners.
Dated: May 17, 2023.
M. Scott Jackson,
Captain, U.S. Coast Guard Captain of the Port, Sector Columbia River.
[FR Doc. 2023-10886 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P