Rule2023-27090
Safety Zone; Fireworks Display; Hood River, Hood River, Oregon
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
December 12, 2023
Effective
December 31, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27090]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#98cbdbcacfcfd5d8edebfbffb6f5f1f4"><span class="__cf_email__" data-cfemail="92c1d1c0c5c5dfd2e7e1f1f5bcfffbfe">[email protected]</span></a>.
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
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