Safety Zone; Fireworks Display; Hood River, Hood River, Oregon, 86048-86050 [2023-27090]
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
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 at the command center at
(808) 842–2600 or on VHF channel 16
(156.8 MHz). 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.
Dated: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the
Port Sector Honolulu.
[FR Doc. 2023–27036 Filed 12–11–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0843]
RIN 1625–AA00
Safety Zone; Fireworks Display; Hood
River, Hood River, Oregon
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Columbia River.
This action is necessary to provide for
the safety of life on these navigable
waters near Hood River, Oregon, during
a fireworks display on December 31,
2023. This regulation prohibits persons
and vessels from entering the safety
zone unless authorized by the Captain
of the Port Sector Columbia River or a
designated representative.
DATES: This rule is effective from 7:30 to
9 p.m. on December 31, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0843 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email Lieutenant Carlie Gilligan,
Waterways Management Division,
Sector Columbia River, Coast Guard;
telephone 503–240–9319, email
SCRWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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COTP Captain of the Port Sector Columbia
River
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
On August 15, 2023, the Hood River
Fireworks, LLC notified the Coast Guard
that it will be conducting a fireworks
display from 8 to 8:30 p.m. on December
31, 2023. The fireworks are to be
launched from Hood River Spit,
approximately 1,000 feet south of the
Columbia River in Hood River, OR. In
response, on November 2, 2023, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Fireworks Display; Hood
River, Hood River, OR (88 FR 75244).
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 December 4,
2023, we received 8 comments, that are
discussed in section IV below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the fireworks display
that will impact navigation along the
Hood River.
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 Sector Columbia
River (COTP) has determined that
potential hazards associated with the
fireworks to be used in this December
31, 2023, display will be a safety
concern for anyone within a 1,000-foot
radius of the barge. 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
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received eight
comments on our NPRM published
November 2, 2023. Of them, six were in
support of the proposed rule while the
remaining two were unrelated to the
establishment of the safety zone. 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 7:30 to 9 p.m. on December 31,
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2023. The safety zone will cover all
navigable waters within 1,000 feet of the
fireworks launch site in Hood River, OR.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 8 to 8:30 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.
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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, duration
and time of day of the regulated area.
The safety zone impacts approximately
a 1,000-foot area at the intersection of
the Columbia and Hood Rivers and is
not anticipated to exceed 1.5 hours in
duration. Thus, restrictions on vessel
movement within that particular area
are expected to 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 Notice to Mariners
about the zone, and the rule will 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 received no comments
from the Small Business Administration
E:\FR\FM\12DER1.SGM
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
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
would affect 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.
ddrumheller on DSK120RN23PROD with RULES1
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
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15:47 Dec 11, 2023
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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 rule involves a safety
zone lasting 1.5 hours that will prohibit
entry within 1,000 feet of a launch site
in Hood River, OR. 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 amends 33
CFR part 165 as follows:
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86049
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.T13–0843 to read as
follows:
■
§ 165.T13–0843 Safety Zone; Fireworks
Display, Hood River, Hood River, OR.
(a) Location. The following area is a
safety zone: All navigable waters within
1,000 feet of a fireworks launch site in
Hood River, OR. The fireworks launch
site will be at the approximate point of
45°42′51.20″ N 121°30′32.18″ W.
(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 7:30 to 9 p.m. on
December 31, 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.
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86050
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
Dated: December 5, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2023–27090 Filed 12–11–23; 8:45 am]
BILLING CODE 9110–04–P
Background
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–OZAR–36399; Docket No. NPS–2022–
0001; PPMWOZARS0/PPMPSPD1Z.YM0000]
RIN 1024–AE62
Ozark National Scenic Riverways;
Motorized Vessels
National Park Service, Interior
Final rule.
AGENCY:
ACTION:
The National Park Service
amends special regulations governing
the use of motorized vessels within
Ozark National Scenic Riverways. The
changes will allow the use of 60/40
horsepower motors in the middle
sections of the Current and Jacks Fork
Rivers. The rule establishes seasonal
closures in the upper sections of the
rivers and limits the maximum
horsepower of motorized vessels in
other locations. These changes are slight
modifications to restrictions on
motorized vessels that have been in
place since 1991.
DATES: This rule is effective January 11,
2024.
ADDRESSES:
Docket: The comments received on
the proposed rule and an economic
analysis are available on
www.regulations.gov in Docket No.
NPS–2022–0001.
Document Availability: The Final
General Management Plan/Wilderness
Study/Environmental Impact Statement
(GMP/EIS), Record of Decision (ROD),
and Errata Sheet to the GMP/EIS (Errata
Sheet) provide information and context
for this rule and are available online at
https://parkplanning.nps.gov/ozar, by
clicking on the link entitled ‘‘General
Management Plan, Wilderness Study,
Environmental Impact Statement’’ and
then clicking the link entitled
‘‘Document List.’’
FOR FURTHER INFORMATION CONTACT:
Lindel Gregory, Chief Ranger, Ozark
National Scenic Riverways; (573) 323–
4923; lindel_gregory@nps.gov.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
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SUMMARY:
VerDate Sep<11>2014
15:47 Dec 11, 2023
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Purpose and Significance of Ozark
National Scenic Riverways
Congress established Ozark National
Scenic Riverways (the Riverways) in
1964 to conserve and interpret the
scenic, natural, scientific, ecological,
and historic values and resources within
the Riverways, and to provide for public
outdoor recreational use and enjoyment
of those resources. 16 U.S.C. 460m. The
Riverways includes portions of the
Current and Jacks Fork rivers,
encompassing 134 miles of clear, freeflowing, spring-fed waterways. The
impressive hydrogeological character of
the Riverways’ karst landscape supports
an amazing variety of natural features,
including a spring system unparalleled
in North America. The cave system is
equally impressive with one of the
highest densities of caves in any unit of
the National Park System.
The Riverways lies within the Ozark
Highlands, an important center of
biodiversity in North America. The
Ozark Highlands are home to a rich
array of wildlife and plants, including
endemic species that exist nowhere else
in the world. The Current and Jacks
Fork rivers have been designated as
Outstanding National Resource Waters
in Missouri. The Riverways features
archeological and historic structures,
landscapes, and objects, reflecting
ancient life in the Ozark Highlands. The
extraordinary resources of the
Riverways provide outstanding
recreational opportunities and
experiences on and along free-flowing
rivers.
Use of Motorized Vessels at the
Riverways
One of the recreational opportunities
at the Riverways is the use of
motorboats on the Current and Jacks
Fork rivers. When the Riverways was
created in 1964, the only outboard
motorboats operating on the rivers were
conventional propeller-driven motors
with elongated shafts. The propellers of
these motors could hit bottom in
shallow water, resulting in propeller
damage. As a result, operators outfitted
their motors with a lever that would lift
the propeller out of the water when the
vessel skimmed across shallow areas.
This naturally limited the size of most
motorboats operating on the rivers to 20
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Sfmt 4700
horsepower (hp) or less because heavier
motors were too difficult to lift. The
only exception was the lower Current
River, which is broader and deeper than
the upper reaches of the Current and
Jacks Fork rivers. In this lower section
of the Current River, motorboats up to
40 hp could operate.
The status quo changed in 1976 when
operators began to refit outboard motors
with jet propulsion systems that could
operate in inches of water. This
eliminated the need to have the skills
and experience to lift the propeller out
of shallow water. As a consequence, the
number of motorboats in the Riverways
increased dramatically. The smaller
traditional motors and shaft propellers
were replaced with large outboard jet
motors, some exceeding 250 hp. These
larger motors generated greater speed
(some in excess of 50 miles per hour)
and larger wakes, and required more
space to operate. This resulted in safety
concerns and conflicts with other users
of the rivers, including canoers, tube
floaters, swimmers, and anglers.
In order to address these concerns, in
1991 the National Park Service (NPS)
revised the special regulations for the
Riverways at 36 CFR 7.83(a) to designate
zones for motorboat operation, restrict
horsepower, and limit the use of
motorboats during certain seasons (56
FR 30694). The NPS also limited the use
of motorboats to vessels equipped with
outboard motors. The nature of the
shallow, narrow rivers precludes the
safe use of inboard motors. These
motors are capable of much greater
speeds and need more water depth to
operate due to increased weight.
Motor boating continues to be a
popular activity and means of travel on
the Current and Jacks Fork rivers.
Visitors use motorboats to access fishing
areas, cruise the river, and enjoy scenic
views. Despite the existing regulations
that manage motorboats within the
Riverways, there are concerns about
motorboats in certain sections of river.
One concern is the effect of noise on
visitors seeking a quiet experience.
Another concern arises during the
summer, when the number of
motorboats on the rivers poses a safety
hazard due to conflicts between
different user groups competing for the
same resources. Many access points
along the rivers have become popular
for concessioners and private
individuals to launch nonmotorized
watercraft, such as tubes, rafts, canoes,
and kayaks. Often, groups of visitors
seeking motorized and nonmotorized
access enter the river at the same time
and place, which can lead to congestion
and conflicts. Once in the water, people
in tubes, rafts, kayaks, and canoes can
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]]>Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86048-86050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27090]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0843]
RIN 1625-AA00
Safety Zone; Fireworks Display; Hood River, Hood River, Oregon
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Columbia River. This action is necessary to
provide for the safety of life on these navigable waters near Hood
River, Oregon, during a fireworks display on December 31, 2023. This
regulation prohibits persons and vessels from entering the safety zone
unless authorized by the Captain of the Port Sector Columbia River or a
designated representative.
DATES: This rule is effective from 7:30 to 9 p.m. on December 31, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0843 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 rule,
call or email Lieutenant 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 Sector 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 August 15, 2023, the Hood River Fireworks, LLC notified the
Coast Guard that it will be conducting a fireworks display from 8 to
8:30 p.m. on December 31, 2023. The fireworks are to be launched from
Hood River Spit, approximately 1,000 feet south of the Columbia River
in Hood River, OR. In response, on November 2, 2023, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Safety Zone;
Fireworks Display; Hood River, Hood River, OR (88 FR 75244). 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 December 4, 2023, we received 8 comments, that are
discussed in section IV below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the fireworks
display that will impact navigation along the Hood River.
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 Sector Columbia River (COTP) has
determined that potential hazards associated with the fireworks to be
used in this December 31, 2023, display will be a safety concern for
anyone within a 1,000-foot radius of the barge. 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 event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received eight comments on our NPRM published
November 2, 2023. Of them, six were in support of the proposed rule
while the remaining two were unrelated to the establishment of the
safety zone. 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 7:30 to 9 p.m. on December
31, 2023. The safety zone will cover all navigable waters within 1,000
feet of the fireworks launch site in Hood River, OR. The duration of
the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 8 to 8:30 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.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, duration and time of day of the regulated area. The safety
zone impacts approximately a 1,000-foot area at the intersection of the
Columbia and Hood Rivers and is not anticipated to exceed 1.5 hours in
duration. Thus, restrictions on vessel movement within that particular
area are expected to 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 Notice to Mariners about the zone,
and the rule will 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 received no comments from the Small Business
Administration
[[Page 86049]]
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 would affect 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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 rule involves a
safety zone lasting 1.5 hours that will prohibit entry within 1,000
feet of a launch site in Hood River, OR. 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 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: 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.T13-0843 to read as follows:
Sec. 165.T13-0843 Safety Zone; Fireworks Display, Hood River, Hood
River, OR.
(a) Location. The following area is a safety zone: All navigable
waters within 1,000 feet of a fireworks launch site in Hood River, OR.
The fireworks launch site will be at the approximate point of
45[deg]42'51.20'' N 121[deg]30'32.18'' W.
(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 7:30 to
9 p.m. on December 31, 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.
[[Page 86050]]
Dated: December 5, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2023-27090 Filed 12-11-23; 8:45 am]
BILLING CODE 9110-04-P
