Rule2022-23084
Safety Zone; Firework Event, 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
October 25, 2022
Effective
October 31, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Willamette River. This action is necessary to provide for the safety of life on these navigable waters near Oaks Park, Portland, OR, during a fireworks display on October 31, 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
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<title>Federal Register, Volume 87 Issue 205 (Tuesday, October 25, 2022)</title>
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[Federal Register Volume 87, Number 205 (Tuesday, October 25, 2022)]
[Rules and Regulations]
[Pages 64380-64382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23084]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0626]
RIN 1625-AA00
Safety Zone; Firework Event, Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Willamette River. This action is necessary to
provide for the safety of life on these navigable waters near Oaks
Park, Portland, OR, during a fireworks display on October 31, 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 6:30 to 8 p.m. on October 31, 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-
2022-0626 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 on this rule,
call or email LT Carlie Gilligan, Waterways Management Division, Marine
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email
<a href="/cdn-cgi/l/email-protection#2c681d1f017f616e01617f797c435e58404d42487b7b616c595f4f4b02414540"><span class="__cf_email__" data-cfemail="296d181a047a646b04647a7c79465b5d4548474d7e7e64695c5a4a4e07444045">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 64381]]
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 June 14, 2022, the Oaks Park Association notified the Coast
Guard that it will be conducting a fireworks display from 7 to 7:30
p.m. on October 31, 2022. The fireworks are to be launched from a barge
in the Willamette River offshore of Oaks Park, Portland, Oregon.
Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris.
In response, on August 11, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Firework Event,
Willamette River, Portland, OR (87 FR 49568). 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
September 12, 2022, we received no comments.
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 Columbia River
(COTP) has determined that potential hazards associated with the
fireworks to be used in this October 31, 2022 display will be a safety
concern for anyone within a 1,000 ft. 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 no comments on our NPRM published
August 11, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
The COTP is establishing a safety zone from 6:30 to 8 p.m. on
October 31, 2022. The safety zone covers navigable waters within a
1,000 ft radius of a barge in the Willamette River located offshore of
Oaks Park, Portland, OR. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled 7 to 7:30 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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this rule is designed to minimize its impact on navigable waters. This
rule will prohibit entry into certain navigable waters of the
Willamette River and is not anticipated to exceed two 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 Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone and the rule allows vessels to
seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub.L. 104-121), we want to assist small entities
in understanding this rule. If the rule affects your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In
[[Page 64382]]
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 ft.
of a fireworks barge in the Willamette River in the vicinity of Oaks
Park, Portland, 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; 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.T13-0626 to read as follows:
Sec. 165.T13-0626 Safety Zone; Willamette River, Portland, OR.
(a) Location. The following area is a safety zone: All navigable
waters of the Willamette River, from surface to bottom, in a 1,000 ft.
radius from the fireworks barge off shore of Oaks Park, Portland, OR.
(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
regulations in this section.
(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 designated representative.
(d) Enforcement period. This section will be enforced from 6:30 to
8 p.m. on October 31, 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: September 19, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-23084 Filed 10-24-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 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.