Proposed Rule2024-07779
Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone
Primary source
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Published
April 12, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to amend the regulations establishing safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River. This action would include updating 12 existing safety zones, adding 2 safety zones for fireworks displays that were previously published under temporary regulations, and reordering the table alphabetically. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 72 (Friday, April 12, 2024)</title>
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[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25835-25838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07779]
[[Page 25835]]
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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, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the regulations establishing
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River. This action would include updating 12 existing
safety zones, adding 2 safety zones for fireworks displays that were
previously published under temporary regulations, and reordering the
table alphabetically. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 13, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0253 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Carlie Gilligan, Sector
Columbia River Waterways Management Division, U.S. Coast Guard;
telephone 503-240-9319, email <a href="/cdn-cgi/l/email-protection#89dacadbdedec4c9fcfaeaeea7e4e0e5"><span class="__cf_email__" data-cfemail="5407170603031914212737337a393d38">[email protected]</span></a>.
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
II. Background, Purpose, and Legal Basis
The Coast Guard proposes to revise its regulation for recurring
fireworks displays in the geographic boundaries of the Thirteenth Coast
Guard District Sector Columbia River Captain of the Port (COTP) Zone,
33 CFR 165.1315. This proposed rule would update the name of 10 events,
update the date or location of 2 events, add 2 safety zones for new,
recurring fireworks displays that were previously published as
temporary safety zones, and reorder the table alphabetically. The
purpose of this revision is to provide the public accurate information
regarding safety zones for annual fireworks displays in the Captain of
the Port Zone Columbia River Zone.
The Coast Guard proposes this rulemaking 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.
III. Discussion of Proposed Rule
The Coast Guard proposes to revise safety zone regulations
designated in the table in 33 CFR 165.1315(a). Specifically, this rule
would alphabetize the events, make minor updates to the names of 10
events, update the location of 1 event (Newport 4th of July), update
the typical date of 1 event (The 4th of July at Pekin Ferry), and add
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 would cover 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 announced the creation of 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, which ended December 2,
2023. A copy of the announcement 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 would cover 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 will 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 we
are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM 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, the NPRM 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 would issue a Broadcast Notice to Mariners via VHF-FM and the
rule would 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,
[[Page 25836]]
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 safety
zones lasting various times that would 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 preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0253 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
[[Page 25837]]
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 proposes
to amend 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:
Table 1 to Paragraph (a)
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Event name (typically) Event location Date of event Latitude Longitude
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Portland Rose Festival Portland, OR.... One day in May 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. or 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, One day in July. 45[deg]40'15'' N 121[deg]53'43'' W
Fireworks. OR.
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.
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 46[deg]11'34'' N 123[deg]49'28'' W
August.
Oregon Symphony Concert Portland, OR.... One day in 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks. August 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.
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* * * * *
Dated: April 6, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2024-07779 Filed 4-11-24; 8:45 am]
BILLING CODE 9110-04-P
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