Rule2022-11187
Safety Zone; Fireworks Display, Willamette River, Portland, OR
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2022
Effective
May 27, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Willamette River. This action is necessary to provide for the safety of life on these navigable waters near Portland, OR, during a fireworks display on May 27, 2022. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Columbia River or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 101 (Wednesday, May 25, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Rules and Regulations]
[Pages 31736-31738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11187]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0269]
RIN 1625-AA00
Safety Zone; Fireworks Display, Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Willamette River. This action is
necessary to provide for the safety of life on these navigable waters
near Portland, OR, during a fireworks display on May 27, 2022. This
regulation prohibits persons and vessels from being in the safety zone
unless authorized by the Captain of the Port Sector Columbia River or a
designated representative.
DATES: This rule is effective from 8:30 p.m. on May 27, 2022, to 12
a.m. on May 28, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0269 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 31737]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Sean Murphy, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email
<a href="/cdn-cgi/l/email-protection#f9bdc8cad4aab4bbd4b4aaaca9968b8d9598979daeaeb4b98c8a9a9ed7949095"><span class="__cf_email__" data-cfemail="236712100e706e610e6e7076734c51574f424d4774746e63565040440d4e4a4f">[email protected]</span></a>.
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 March 8, 2022, Western Display Fireworks, LTD notified the Coast
Guard that it will be conducting a fireworks display from 9:30 to 11
p.m. on May 27, 2022 for the Portland Rose Festival Opening Night. The
fireworks are to be launched from a barge in the Willamette River
between the Hawthorne and Marquam Bridges, Portland, OR. Hazards from
fireworks displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. In response, on
April 15, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Fireworks Display, Willamette
River, Portland, OR (87 FR 22496). 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 2,
2022, we received three comments. 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Columbia River (COTP) has determined that 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
fireworks display. The purpose of this rule is to ensure the safety of
vessels and the navigable waters within the designated area before,
during, and after the scheduled event.
IV. Discussion of Comments and the Rule
As noted above, we received three comments on our NPRM published
April 14, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
One comment expressed concerns about citizens or businesss needing
access to the river in the vicinity of the safety zone. This concern is
mitigated because vessels can contact a COTP representative via radio
on UHF-16 to request passage. The second comment was in support of the
safety zone, although it erroneously states that the duration of the
safety zone is for 3 hours rather than 3 and a half hours. The
remaining comment was unrelated to the proposed rulemaking.
This rule establishes a safety zone from 8:30 p.m. on May 27, 2022
to midnight on May 28, 2022. The safety zone will cover all navigable
waters of the Columbia River, from surface to bottom, between the
Hawthorne and Marquam Bridges. The fireworks barge location will be at
the following approximate point: 45[deg]30'37.61'' N/122[deg]40'11.81''
W. The safety zone will encompass approximately 500 feet. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 9:30 p.m. to
11 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. A designated representative means any Coast
Guard commissioned, warrant, or petty officer who has been authorized
by the COTP to act on his behalf, or a Federal, State, and local
officer designated by or assisting the COTP in the enforcement of the
safety zone. Vessel operators desiring to enter or operate within the
safety zone should contact the COTP's on-scene designated
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM.
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 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 will impact
approximately 500 feet of the Columbia River before, during, and after
the fireworks event for 3.5 hours and thus is limited in scope.
Moreover, the Coast Guard will issue a Notice to Mariners 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 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
[[Page 31738]]
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 3.5 hours that will prohibit entry between 2
bridges within approximately 500 yards near a fireworks barge. 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0269 to read as follows:
Sec. 165.T13-0269 Safety Zone; Fireworks Display, Willamette River,
Portland, OR.
(a) Location. The following area is a safety zone: All navigable
waters of the Willamette River, surface to bottom, between the
Hawthorne and Marquam Bridges, Portland, OR. The fireworks barge
location will be at the approximate point of 45[deg]30'37.61'' N/
122[deg]40'11.81'' 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 race.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the 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 8:30
p.m. on 27 May, 2022 to 12:00 a.m. on May 28, 2022. 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 19, 2022.
G.M. Bailey,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector
Columbia River.
[FR Doc. 2022-11187 Filed 5-24-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.