Rule2024-12047
Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone
Primary source
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Published
June 3, 2024
Effective
July 3, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the regulations establishing safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River. This action updates 12 existing safety zones, adding 2 safety zones for fireworks displays that were previously published under temporary regulations, and reordering the table alphabetically.
Full Text
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<title>Federal Register, Volume 89 Issue 107 (Monday, June 3, 2024)</title>
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[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Rules and Regulations]
[Pages 47464-47467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12047]
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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, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the regulations establishing
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River. This action updates 12 existing safety zones,
adding 2 safety zones for fireworks displays that were previously
published under temporary regulations, and reordering the table
alphabetically.
DATES: This rule is effective July 3, 2024.
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-
2024-0253 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, Sector Columbia River
Waterways Management Division, U.S. Coast Guard; telephone 503-240-
9319, email <a href="/cdn-cgi/l/email-protection#bcefffeeebebf1fcc9cfdfdb92d1d5d0"><span class="__cf_email__" data-cfemail="8cdfcfdedbdbc1ccf9ffefeba2e1e5e0">[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
[[Page 47465]]
II. Background Information and Regulatory History
On April 12, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Annual Fireworks Displays Within
the Columbia River Captain of the Port Zone (89 FR 25835). 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 13, 2024, we received 1 comment.
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 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published April
12, 2024. However, the concerns were unrelated to the proposed
revisions and outside of the scope of Coast Guard authority. There are
no changes in the regulatory text of this rule from the proposed rule
in the NPRM.
This rule revises the safety zone regulations designated in the
table in 33 CFR 165.1315(a). Specifically, this rule alphabetizes the
events, makes minor updates to the names of 10 events, updates the
location of 1 event (Newport 4th of July), updates the typical date of
1 event (The 4th of July at Pekin Ferry), and adds 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 covers 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 issued a rulemaking creating
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. A copy of the
rulemaking that ended December 2, 2023 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 covers 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 are intended to 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 appears at the end of this document.
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 events. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM and the rule
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 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
[[Page 47466]]
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
safety zones lasting various times that will 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 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. 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:
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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 or 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. 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, OR One day in July.. 45[deg]40'15'' N 121[deg]53'43'' W
Fireworks.
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.
[[Page 47467]]
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 August 46[deg]11'34'' N 123[deg]49'28'' W
Oregon Symphony Concert Portland, OR..... One day in August 45[deg]30'42'' N 122[deg]40'14'' W
Fireworks. 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: May 23, 2024.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2024-12047 Filed 5-31-24; 8:45 am]
BILLING CODE 9110-04-P
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