Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone, 47464-47467 [2024-12047]
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Rules and Regulations
accreditation bodies and LAAFaccredited laboratories and includes
information on each laboratory’s
location, scope of LAAF-accreditation,
analytes, and methods. The LAAF
Dashboard also identifies analyte groups
and specific analyte(s) with sufficient
laboratory capacity for testing under the
LAAF program with compliance dates
established 6 months after each such
specific analyte is posted on the LAAF
Dashboard.
We explained in the LAAF final rule
that implementation of the LAAF
program will necessarily occur in a
stepwise fashion. The first step was
recognizing a sufficient number of
accreditation bodies; we announced the
completion of that step on July 12, 2022
(https://fda.gov/food/cfsan-constituentupdates/fda-releases-public-registryrecognized-accreditation-bodies-underlaboratory-accreditation-analyses).
Laboratories interested in participating
in the LAAF program have since been
applying to the recognized accreditation
bodies, and those recognized
accreditation bodies have been assessing
those laboratories and providing them
with LAAF-accreditation as appropriate.
We explained in the LAAF final rule
that when a sufficient number of
laboratories became LAAF-accredited,
we would publish a document in the
Federal Register giving owners and
consignees 6 months’ notice that they
will be required to use a LAAFaccredited laboratory for food testing
covered by the LAAF regulation. We
stated in the final rule that, given the
breadth of analytes, matrices, and
methods covered by the LAAF
regulation, it may be necessary for us to
separately consider whether sufficient
laboratory capacity has been attained for
the variety of testing circumstances
described in § 1.1107(a).
FDA has determined that the LAAF
program has attained sufficient
laboratory capacity for the food testing
described in § 1.1107(a)(4) and (5) for
the analyte group of mycotoxins and its
specific analytes, including aflatoxin. In
§ 1.1107(a)(4), the LAAF regulation
covers food testing in support of
admission of an article of food under
section 801(a) of the FD&C Act (21
U.S.C. 381(a)). Section 801(a) of the
FD&C Act authorizes FDA to detain food
at the border because it is, or appears to
be, in violation of the FD&C Act or its
implementing regulations. If FDA
detains a food product imported or
offered for import under section 801(a)
of the FD&C Act, but FDA has not yet
refused admission, the owner or
consignee may introduce testimonial
evidence that the food is admissible.
Owners and consignees often engage
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laboratories to test the food and submit
to FDA the results of the testing, as
testimony to support admission of the
food. If FDA determines that the food
testing results are valid and that they
overcome the appearance of a violation
of the FD&C Act, then FDA will release
the food from detention and allow it to
proceed for entry into the United States.
The testing of detained product at the
direction of such owners and consignees
is covered by the LAAF regulation at
§ 1.1107(a)(4).
Section 1.1107(a)(5) of the LAAF
regulation also relates to detained food
offered for import; it states that testing
to support removal from an import alert
through successful consecutive testing
is covered by the LAAF regulation. An
import alert informs FDA staff and the
public that we have enough evidence to
detain, without first physically
examining (sampling), products offered
for import that appear to violate the
FD&C Act. Often, individual import
alerts include specific information
regarding removal from the import alert.
Many current import alerts indicate that
it would be helpful for owners or
consignees to present to FDA evidence
of at least five consecutive shipments to
the United States that have been found
to not be in violation. Owners and
consignees often engage laboratories and
submit to FDA the results of the testing
as testimony to support removal from
import alert; such testing is covered by
the LAAF regulation at § 1.1107(a)(5).
Owners and consignees will be
required to use a LAAF-accredited
laboratory starting 6 months from the
date a specific analyte is posted on the
LAAF Dashboard. LAAF-accredited
laboratories must comply with all
applicable LAAF requirements,
including the submission of results
directly to FDA, in accordance with
§ 1.1152(b). The LAAF Dashboard
includes a table of analyte groups and
specific analytes with sufficient
capacity and the compliance date for
those analyses, in addition to the list of
LAAF-accredited laboratories, their
location, contact details, and the list of
LAAF-accredited analytes and methods.
As capacity for additional analytes is
reached, those will be added to the
LAAF Dashboard with a compliance
date of 6 months after posting to the
LAAF Dashboard. The LAAF Dashboard
may be viewed at (https://
datadashboard.fda.gov/ora/fd/laaf.htm).
We will continue stepwise
implementation of the LAAF program
for other food testing circumstances in
which owners and consignees are
required to use a LAAF-accredited
laboratory. FDA has not yet made a
capacity determination for the other
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food testing circumstances covered by
the LAAF regulation. We will publish
one or more additional notices in the
Federal Register when the LAAF
program attains sufficient laboratory
capacity to support the food testing
described in § 1.1107(a)(1) through (3).
Dated: May 23, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–12027 Filed 5–31–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0253]
RIN 1625–AA00
Safety Zone; Annual Fireworks
Displays Within the Sector Columbia
River Captain of the Port Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
the regulations establishing safety zones
for annual fireworks displays in the
Captain of the Port Zone Columbia
River. This action updates 12 existing
safety zones, adding 2 safety zones for
fireworks displays that were previously
published under temporary regulations,
and reordering the table alphabetically.
DATES: This rule is effective July 3,
2024.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0253 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions about this rule, call
or email Lieutenant Carlie Gilligan,
Sector Columbia River Waterways
Management Division, U.S. Coast
Guard; telephone 503–240–9319, email
SCRWWM@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
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II. Background Information and
Regulatory History
On April 12, 2024, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Annual Fireworks Displays Within the
Columbia River Captain of the Port Zone
(89 FR 25835). 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 May 13,
2024, we received 1 comment.
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 has determined that fireworks
displays create hazardous conditions for
the maritime public because of the large
number of vessels near the displays, as
well as the noise, falling debris, and
explosions that occur during the events.
Because firework discharge sites pose a
potential hazard to the maritime public,
these safety zones are necessary to
restrict vessel movement and reduce
vessel congregation near firework
discharge sites.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received 1
comment on our NPRM published April
12, 2024. However, the concerns were
unrelated to the proposed revisions and
outside of the scope of Coast Guard
authority. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule revises the safety zone
regulations designated in the table in 33
CFR 165.1315(a). Specifically, this rule
alphabetizes the events, makes minor
updates to the names of 10 events,
updates the location of 1 event
(Newport 4th of July), updates the
typical date of 1 event (The 4th of July
at Pekin Ferry), and adds two events
(Umatilla Landing Days and City of
Richland Lighted Boat Parade Festival).
The Umatilla Landing Days safety
zone was previously issued as a
temporary final rule (88 FR 32966, May
23, 2023), and after conferring with the
event sponsor, the Coast Guard has
learned it will be a recurring fireworks
display. This safety zone covers all
navigable waters within a 400-foot
radius of the fireworks launch site in
Umatilla, OR, located at 45°55′37″ N,
119°19′47″ W.
On November 29, 2023, the Coast
Guard issued a rulemaking creating a
temporary safety zone for all navigable
waters within a 600-foot radius of a
fireworks display on the Columbia River
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for the City of Richland Christmas
Fireworks display in Richland, WA. A
copy of the rulemaking that ended
December 2, 2023 is available in the
Docket USCG–2024–0253, which can be
found using instructions in the
ADDRESSES section. After conferring
with the event sponsor, the Coast Guard
has learned it will become a recurring
fireworks display. This new reoccurring
safety zone covers all navigable waters
within a 600-foot radius of the fireworks
launch site in Richland, WA, located at
46°16′29″ N, 119°16′10″ W.
Finally, the Coast Guard is revising
twelve existing fireworks display safety
zones. These revisions include updating
the date for 4th of July at Pekin Ferry
to more precisely describe when the
fireworks display will occur, updating
the location for Newport 4th of July, and
making minor name updates to the
following events: Brookings, OR July 4th
Celebration; Port of Cascade Locks 4th
of July Fireworks; Bald Eagle Days; City
of Coos Bay July 4th Celebration/
Fireworks Over the Bay; The Dalles
Area Fourth of July; Ilwaco July 4th
Committee Fireworks/Independence
Day at the Port; Tri-City Chamber of
Commerce Fireworks/Kennewick River
of Fire Festival; City of Rainier/Rainier
Days; City of St. Helens 4th of July
Fireworks; and Cedco Inc./The Mill
Casino Independence Day. These
updates are intended to eliminate
confusion caused by the fireworks
display safety zones listed in the 33 CFR
165.1315 table and any subsequently
issued temporary safety zones resulting
from changes to the dates or locations of
the events. The regulatory text appears
at the end of this document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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).
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This regulatory action determination
is based on the size, location, duration,
and time-of day of the events. Moreover,
the Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM and the
rule 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
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
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Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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.
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
F. Environment
List of Subjects in 33 CFR Part 165
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 safety
zones lasting various times that will
prohibit entry within defined areas.
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. 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.
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:
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
Event name
(typically)
Event location
Portland Rose Festival Fireworks .................
The 4th of July at Pekin Ferry ......................
Umatilla Landing Days ..................................
Astoria-Warrenton 4th of July Fireworks ......
Bandon 4th of July ........................................
Brookings July 4th Celebration .....................
Cascade Locks 4th of July Fireworks ...........
Cathlamet Bald Eagle Days ..........................
Clatskanie Heritage Days Fireworks .............
Fireworks Over the Bay ................................
Florence Independence Day Celebration .....
Fort Dalles Fourth of July .............................
Gardiner 4th of July ......................................
Garibaldi Days Fireworks ..............................
Hood River 4th of July ..................................
Huntington 4th of July ...................................
Ilwaco Independence Day at the Port ..........
Independence Day at the Fort Vancouver ....
July 4th Party at the Port of Gold Beach ......
Kennewick River of Fire Fireworks ...............
Lincoln City 4th of July ..................................
Newport 4th of July .......................................
Oaks Park Association 4th of July ................
Port Orford 4th of July Jubilee ......................
Rainier Days in the Park ...............................
Roseburg Hometown 4th of July ..................
Splash Aberdeen Waterfront Festival ...........
St. Helens 4th of July Fireworks ...................
Portland, OR .........................
Ridgefield, WA ......................
Umatilla, OR .........................
Astoria, OR ...........................
Bandon, OR ..........................
Brookings, OR ......................
Cascade Locks, OR .............
Cathlamet, WA .....................
Clatskanie, OR .....................
Coos Bay, OR ......................
Florence, OR ........................
The Dalles, OR .....................
Gardiner, OR ........................
Garibaldi, OR ........................
Hood River, OR ....................
Huntington, OR .....................
Ilwaco, WA ............................
Vancouver, WA .....................
Gold Beach, OR ...................
Kennewick, WA ....................
Lincoln City, OR ...................
Newport, OR .........................
Portland, OR .........................
Port Orford, OR ....................
Rainier, OR ...........................
Roseburg, OR .......................
Aberdeen, WA ......................
St. Helens, OR .....................
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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. In § 165.1315, revise and republish
paragraph (a) to read as follows:
■
§ 165.1315 Safety Zone; Annual Fireworks
Displays within the Sector Columbia River
Captain of the Port Zone.
(a) Safety zones. The following areas
are designated safety zones: Waters of
the Columbia River and its tributaries,
waters of the Siuslaw River, Yaquina
River, Umpqua River, Clatskanie River,
Tillamook Bay and waters of the
Washington and Oregon Coasts, within
a 450-yard radius of the launch site at
the approximate locations listed in the
following table:
Date of event
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
One
Sfmt 4700
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
day
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
Latitude
May or June .......
June or July .......
June ...................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
E:\FR\FM\03JNR1.SGM
45°30′58″ N
45°52′07″ N
45°55′37″ N
46°11′34″ N
43°07′29″ N
42°02′39″ N
45°40′15″ N
46°12′14″ N
46°6′17″ N
43°22′06″ N
43°58′09″ N
45°36′18″ N
43°43′55″ N
45°33′13″ N
45°42′58″ N
44°18′02″ N
46°18′17″ N
45°36′57″ N
42°25′30″ N
46°13′37″ N
44°55′28″ N
44°37′31″ N
45°28′22″ N
42°44′31″ N
46°05′46″ N
43°12′58″ N
46°58′40″ N
45°51′54″ N
03JNR1
Longitude
122°40′12″ W
122°43′53″ W
119°19′47″ W
123°49′28″ W
124°25′05″ W
124°16′14″ W
121°53′43″ W
123°23′17″ W
123°12′02″ W
124°12′24″ W
124°05′50″ W
121°10′23″ W
124°06′48″ W
123°54′56″ W
121°30′32″ W
117°13′33″ W
124°02′00″ W
122°40′09″ W
124°25′03″ W
119°08′47″ W
124°01′31″ W
124°02′5″ W
122°39′59″ W
124°29′30″ W
122°56′18″ W
123°22′10″ W
123°47′45″ W
122°47′26″ W
Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Rules and Regulations
Event name
(typically)
Event location
The Mill Casino Independence Day ..............
Toledo Summer Festival ...............................
Waldport 4th of July ......................................
Washougal 4th of July ..................................
Waterfront Blues Festival Fireworks .............
Waverly Country Club 4th of July Fireworks
Westport 4th of July ......................................
Winchester Bay 4th of July Fireworks ..........
Yachats 4th of July .......................................
Astoria Regatta .............................................
Oregon Symphony Concert Fireworks ..........
North Bend, OR ....................
Toledo, OR ...........................
Waldport, OR ........................
Washougal, WA ....................
Portland, OR .........................
Milwaukie, OR ......................
Westport, WA .......................
Winchester Bay, OR .............
Yachats, OR .........................
Astoria, OR ...........................
Portland, OR .........................
Leukemia and Lymphoma Light the Night
Fireworks.
Veterans Day Celebration .............................
City of Richland Lighted Boat Parade Fireworks.
Portland, OR .........................
One day in
One day in
One day in
One day in
One day in
One day in
One day in
One day in
One day in
One day in
One day in
tember.
One day in
The Dalles, OR .....................
Richland, WA ........................
Latitude
N
N
N
N
N
N
N
N
N
N
N
Longitude
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
July ....................
August ................
August or Sep-
43°23′42″
44°37′08″
44°25′31″
45°34′32″
45°30′42″
45°27′03″
46°54′17″
43°40′56″
44°18′38″
46°11′34″
45°30′42″
124°12′55″
123°56′24″
124°04′44″
122°22′53″
122°40′14″
122°39′18″
124°05′59″
124°11′13″
124°06′27″
123°49′28″
122°40′14″
W
W
W
W
W
W
W
W
W
W
W
October ..............
45°30′23″ N
122°40′4″ W
One day in November ..........
One weekend in December ..
45°36′18″ N
46°16′29″ N
121°10′34″ W
119°16′10″ W
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[FR Doc. 2024–12047 Filed 5–31–24; 8:45 am]
email Marine Safety Unit Thousand
Islands Marine Event Permit
Coordinator, U.S. Coast Guard MSU
Thousand Islands; telephone 315–774–
8724, email SMB-MSDMassenaWaterwaysManagement@uscg.mil.
BILLING CODE 9110–04–P
SUPPLEMENTARY INFORMATION:
The Coast
Guard will enforce a safety zone in 33
CFR 165.939 for the Boldt Castle 4th of
July Fireworks regulated area from 9
p.m. through 10:30 p.m. on July 4, 2024.
This action is being taken to provide for
the safety of life on navigable waterways
during this event. Our regulation for
marine events within the Ninth Coast
Guard District, § 165.939, specifies the
location of the regulated area for the
Boldt Castle 4th of July Fireworks which
encompasses portions of the St.
Lawrence River. During the enforcement
period as reflected in § 165.939, if you
are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Broadcast Notice to Mariners.
This notification is being issued by
Coast Guard Sector Eastern Great Lakes
Prevention Department Head at the
direction of the Captain of the Port.
RIN 3095–AC12
*
*
*
*
*
Dated: May 23, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0230]
Safety Zones; Annual Events in the
Captain of the Port Eastern Great
Lakes Zone
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a Safety Zone for the Boldt Castle 4th of
July Fireworks on July 4th, 2024, to
provide for the safety of life on
navigable waterways during this event.
Our regulation for marine events within
the Ninth Coast Guard District identifies
the regulated area for this event in
Alexandria Bay, NY. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
165.939 will be enforced for the Boldt
Castle 4th of July Fireworks regulated
area listed in item b.13 in the table to
§ 165.939 from 9 p.m. through 10:30
p.m. on July 4, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
Date of event
47467
VerDate Sep<11>2014
15:57 May 31, 2024
Jkt 262001
Dated: May 24, 2024.
J.B. Bybee,
Commander, U.S. Coast Guard, Sector
Eastern Great Lakes Prevention Department
Head.
[FR Doc. 2024–12108 Filed 5–31–24; 8:45 am]
BILLING CODE 9110–04–P
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36 CFR Part 1225
[FDMS No. NARA–24–0008; NARA–2024–
026]
Federal Records Management: GAO
Concurrence; Correction
National Archives and Records
Administration (NARA).
ACTION: Direct final rule; correction.
AGENCY:
NARA is correcting a direct
final rule that appeared in the Federal
Register on May 1, 2024, amending our
records management regulations to limit
the role of the Government
Accountability Office (GAO) in
approving certain deviations in agency
records schedules. This document is
correcting the DATES section to add the
effective date of the rule, and it is
correcting the amendatory instruction to
the rule.
DATES: Effective July 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Edward Germino, Strategy and
Performance Division, by email at
regulation_comments@nara.gov, or by
telephone at 301–837–3758. Contact
rmstandards@nara.gov with any
questions on records management
standards and policy.
SUPPLEMENTARY INFORMATION: In FR Doc.
2024–09396, appearing on page 35007
in the Federal Register of Wednesday,
May 1, 2024, the following corrections
are made:
1. On page 35007, in the first column,
the ACTION caption is corrected to read
as follows:
ACTION: Direct final rule.
2. On page 35007, in the first column,
the DATES caption is corrected to read
SUMMARY:
E:\FR\FM\03JNR1.SGM
03JNR1
]]>Agencies
[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Rules and Regulations]
[Pages 47464-47467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12047]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0253]
RIN 1625-AA00
Safety Zone; Annual Fireworks Displays Within the Sector Columbia
River Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the regulations establishing
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River. This action updates 12 existing safety zones,
adding 2 safety zones for fireworks displays that were previously
published under temporary regulations, and reordering the table
alphabetically.
DATES: This rule is effective July 3, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0253 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, Sector Columbia River
Waterways Management Division, 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
[[Page 47465]]
II. Background Information and Regulatory History
On April 12, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Annual Fireworks Displays Within
the Columbia River Captain of the Port Zone (89 FR 25835). 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 May 13, 2024, we received 1 comment.
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 has determined
that fireworks displays create hazardous conditions for the maritime
public because of the large number of vessels near the displays, as
well as the noise, falling debris, and explosions that occur during the
events. Because firework discharge sites pose a potential hazard to the
maritime public, these safety zones are necessary to restrict vessel
movement and reduce vessel congregation near firework discharge sites.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published April
12, 2024. However, the concerns were unrelated to the proposed
revisions and outside of the scope of Coast Guard authority. There are
no changes in the regulatory text of this rule from the proposed rule
in the NPRM.
This rule revises the safety zone regulations designated in the
table in 33 CFR 165.1315(a). Specifically, this rule alphabetizes the
events, makes minor updates to the names of 10 events, updates the
location of 1 event (Newport 4th of July), updates the typical date of
1 event (The 4th of July at Pekin Ferry), and adds two events (Umatilla
Landing Days and City of Richland Lighted Boat Parade Festival).
The Umatilla Landing Days safety zone was previously issued as a
temporary final rule (88 FR 32966, May 23, 2023), and after conferring
with the event sponsor, the Coast Guard has learned it will be a
recurring fireworks display. This safety zone covers all navigable
waters within a 400-foot radius of the fireworks launch site in
Umatilla, OR, located at 45[deg]55'37'' N, 119[deg]19'47'' W.
On November 29, 2023, the Coast Guard issued a rulemaking creating
a temporary safety zone for all navigable waters within a 600-foot
radius of a fireworks display on the Columbia River for the City of
Richland Christmas Fireworks display in Richland, WA. A copy of the
rulemaking that ended December 2, 2023 is available in the Docket USCG-
2024-0253, which can be found using instructions in the ADDRESSES
section. After conferring with the event sponsor, the Coast Guard has
learned it will become a recurring fireworks display. This new
reoccurring safety zone covers all navigable waters within a 600-foot
radius of the fireworks launch site in Richland, WA, located at
46[deg]16'29'' N, 119[deg]16'10'' W.
Finally, the Coast Guard is revising twelve existing fireworks
display safety zones. These revisions include updating the date for 4th
of July at Pekin Ferry to more precisely describe when the fireworks
display will occur, updating the location for Newport 4th of July, and
making minor name updates to the following events: Brookings, OR July
4th Celebration; Port of Cascade Locks 4th of July Fireworks; Bald
Eagle Days; City of Coos Bay July 4th Celebration/Fireworks Over the
Bay; The Dalles Area Fourth of July; Ilwaco July 4th Committee
Fireworks/Independence Day at the Port; Tri-City Chamber of Commerce
Fireworks/Kennewick River of Fire Festival; City of Rainier/Rainier
Days; City of St. Helens 4th of July Fireworks; and Cedco Inc./The Mill
Casino Independence Day. These updates are intended to eliminate
confusion caused by the fireworks display safety zones listed in the 33
CFR 165.1315 table and any subsequently issued temporary safety zones
resulting from changes to the dates or locations of the events. The
regulatory text appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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 events. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM and the rule
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 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
[[Page 47466]]
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
safety zones lasting various times that will prohibit entry within
defined areas. 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. 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. In Sec. 165.1315, revise and republish paragraph (a) to read as
follows:
Sec. 165.1315 Safety Zone; Annual Fireworks Displays within the
Sector Columbia River Captain of the Port Zone.
(a) Safety zones. The following areas are designated safety zones:
Waters of the Columbia River and its tributaries, waters of the Siuslaw
River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and
waters of the Washington and Oregon Coasts, within a 450-yard radius of
the launch site at the approximate locations listed in the following
table:
----------------------------------------------------------------------------------------------------------------
Event name (typically) Event location Date of event Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Portland Rose Festival Portland, OR..... One day in May or 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. June.
The 4th of July at Pekin Ferry Ridgefield, WA... One day in June 45[deg]52'07'' N 122[deg]43'53'' W
or July.
Umatilla Landing Days......... Umatilla, OR..... One day in June.. 45[deg]55'37'' N 119[deg]19'47'' W
Astoria-Warrenton 4th of July Astoria, OR...... One day in July.. 46[deg]11'34'' N 123[deg]49'28'' W
Fireworks.
Bandon 4th of July............ Bandon, OR....... One day in July.. 43[deg]07'29'' N 124[deg]25'05'' W
Brookings July 4th Celebration Brookings, OR.... One day in July.. 42[deg]02'39'' N 124[deg]16'14'' W
Cascade Locks 4th of July Cascade Locks, OR One day in July.. 45[deg]40'15'' N 121[deg]53'43'' W
Fireworks.
Cathlamet Bald Eagle Days..... Cathlamet, WA.... One day in July.. 46[deg]12'14'' N 123[deg]23'17'' W
Clatskanie Heritage Days Clatskanie, OR... One day in July.. 46[deg]6'17'' N 123[deg]12'02'' W
Fireworks.
Fireworks Over the Bay........ Coos Bay, OR..... One day in July.. 43[deg]22'06'' N 124[deg]12'24'' W
Florence Independence Day Florence, OR..... One day in July.. 43[deg]58'09'' N 124[deg]05'50'' W
Celebration.
Fort Dalles Fourth of July.... The Dalles, OR... One day in July.. 45[deg]36'18'' N 121[deg]10'23'' W
Gardiner 4th of July.......... Gardiner, OR..... One day in July.. 43[deg]43'55'' N 124[deg]06'48'' W
Garibaldi Days Fireworks...... Garibaldi, OR.... One day in July.. 45[deg]33'13'' N 123[deg]54'56'' W
Hood River 4th of July........ Hood River, OR... One day in July.. 45[deg]42'58'' N 121[deg]30'32'' W
Huntington 4th of July........ Huntington, OR... One day in July.. 44[deg]18'02'' N 117[deg]13'33'' W
Ilwaco Independence Day at the Ilwaco, WA....... One day in July.. 46[deg]18'17'' N 124[deg]02'00'' W
Port.
Independence Day at the Fort Vancouver, WA.... One day in July.. 45[deg]36'57'' N 122[deg]40'09'' W
Vancouver.
July 4th Party at the Port of Gold Beach, OR... One day in July.. 42[deg]25'30'' N 124[deg]25'03'' W
Gold Beach.
Kennewick River of Fire Kennewick, WA.... One day in July.. 46[deg]13'37'' N 119[deg]08'47'' W
Fireworks.
Lincoln City 4th of July...... Lincoln City, OR. One day in July.. 44[deg]55'28'' N 124[deg]01'31'' W
Newport 4th of July........... Newport, OR...... One day in July.. 44[deg]37'31'' N 124[deg]02'5'' W
Oaks Park Association 4th of Portland, OR..... One day in July.. 45[deg]28'22'' N 122[deg]39'59'' W
July.
Port Orford 4th of July Port Orford, OR.. One day in July.. 42[deg]44'31'' N 124[deg]29'30'' W
Jubilee.
Rainier Days in the Park...... Rainier, OR...... One day in July.. 46[deg]05'46'' N 122[deg]56'18'' W
Roseburg Hometown 4th of July. Roseburg, OR..... One day in July.. 43[deg]12'58'' N 123[deg]22'10'' W
Splash Aberdeen Waterfront Aberdeen, WA..... One day in July.. 46[deg]58'40'' N 123[deg]47'45'' W
Festival.
St. Helens 4th of July St. Helens, OR... One day in July.. 45[deg]51'54'' N 122[deg]47'26'' W
Fireworks.
[[Page 47467]]
The Mill Casino Independence North Bend, OR... One day in July.. 43[deg]23'42'' N 124[deg]12'55'' W
Day.
Toledo Summer Festival........ Toledo, OR....... One day in July.. 44[deg]37'08'' N 123[deg]56'24'' W
Waldport 4th of July.......... Waldport, OR..... One day in July.. 44[deg]25'31'' N 124[deg]04'44'' W
Washougal 4th of July......... Washougal, WA.... One day in July.. 45[deg]34'32'' N 122[deg]22'53'' W
Waterfront Blues Festival Portland, OR..... One day in July.. 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks.
Waverly Country Club 4th of Milwaukie, OR.... One day in July.. 45[deg]27'03'' N 122[deg]39'18'' W
July Fireworks.
Westport 4th of July.......... Westport, WA..... One day in July.. 46[deg]54'17'' N 124[deg]05'59'' W
Winchester Bay 4th of July Winchester Bay, One day in July.. 43[deg]40'56'' N 124[deg]11'13'' W
Fireworks. OR.
Yachats 4th of July........... Yachats, OR...... One day in July.. 44[deg]18'38'' N 124[deg]06'27'' W
Astoria Regatta............... Astoria, OR...... One day in August 46[deg]11'34'' N 123[deg]49'28'' W
Oregon Symphony Concert Portland, OR..... One day in August 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks. or September.
Leukemia and Lymphoma Light Portland, OR..... One day in 45[deg]30'23'' N 122[deg]40'4'' W
the Night Fireworks. October.
Veterans Day Celebration...... The Dalles, OR... One day in 45[deg]36'18'' N 121[deg]10'34'' W
November.
City of Richland Lighted Boat Richland, WA..... One weekend in 46[deg]16'29'' N 119[deg]16'10'' W
Parade Fireworks. December.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: May 23, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2024-12047 Filed 5-31-24; 8:45 am]
BILLING CODE 9110-04-P
