Rule2023-10886
Safety Zone; Fireworks Display, Yaquina Bay, Newport, OR
Primary source
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Published
May 23, 2023
Effective
July 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Yaquina Bay. This action is necessary to provide for the safety of participants and the maritime public during a fireworks display on the Yaquina Bay near Newport, Oregon on July 4th, 2023. This regulation prohibits non-participant persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32972-32974]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10886]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0205]
RIN 1625-AA00
Safety Zone; Fireworks Display, Yaquina Bay, Newport, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Yaquina Bay. This action is necessary to provide
for the safety of participants and the maritime public during a
fireworks display on the Yaquina Bay near Newport, Oregon on July 4th,
2023. This regulation prohibits non-participant persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Columbia River or a designated representative.
DATES: This rule is effective from 9:30 p.m. to 11 p.m. on July 4,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0205 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Carlie Gilligan, Waterways
Management Division, Sector Columbia River, Coast Guard; telephone 503-
240-9319, email <a href="/cdn-cgi/l/email-protection#e5a1d4d6c8b6a8a7c8a8b6b0b58a979189848b81b2b2a8a590968682cb888c89"><span class="__cf_email__" data-cfemail="b8fc898b95ebf5fa95f5ebede8d7caccd4d9d6dcefeff5f8cdcbdbdf96d5d1d4">[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 February 6, 2023, Western Display Fireworks, LTD notified the
Coast Guard that it will be conducting a fireworks display from 10 to
10:30 p.m. on July 4, 2023. In response, on March 27, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Fireworks Display, Yaquina Bay, Newport, OR (88 FR 18104). There
we stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended April 26, 2023, we received two comments, both in
support of the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Columbia River (COTP) has determined
that the potential hazards associated with the fireworks display would
be a safety concern for anyone within the designated area of the safety
zone before, during, or after the event. The purpose of this rulemaking
is to protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two relevant comments on our NPRM
published March 27, 2023. The comments supported and agreed with the
proposed rule. Thus, there are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 9:30 to 11 p.m. on July 4,
2023. The safety zone would cover all navigable waters within 500 feet
of the launch site located at approximately 44[deg]37'31'' N
124[deg]2'5'' W in the Port of Newport, Oregon. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 10 to 10:30 p.m.
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
[[Page 32973]]
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this rule is designed to minimize its impact on navigable waters. This
rule prohibits entry into certain navigable waters of the Yaquina Bay
and will not exceed 2 hours in duration. Thus, restrictions on vessel
movement within that area will be minimal. Moreover, under certain
conditions vessels may still transit through the safety zone when
permitted by the COTP. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves a safety zone that will be enforced for 1.5 hours that will
prohibit entry within 500 feet of a fireworks launch site. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T13-0205 to read as follows:
Sec. 165.T13-0205 Safety Zone; Fireworks Display, Yaquina Bay,
Newport, OR.
(a) Location. The following area is a safety zone: All navigable
waters within 500 feet of a fireworks launch site in Newport, OR. The
fireworks launch site will be at the approximate point of
44[deg]37'31.62'' N/124[deg]2'5.42'' W.
[[Page 32974]]
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the safety zone.
Participant means all persons and vessels registered with the event
sponsor as a participant in the fireworks display.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all non-participants may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 9:30 to
11 p.m. on July 4, 2023. It will be subject to enforcement this entire
period unless the COTP determines it is no longer needed, in which case
the Coast Guard will inform mariners via Notice to Mariners.
Dated: May 17, 2023.
M. Scott Jackson,
Captain, U.S. Coast Guard Captain of the Port, Sector Columbia River.
[FR Doc. 2023-10886 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 23, 2023.
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