Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30869 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

Dated: June 26, 2018. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2018–14132 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0380] 

RIN 1625–AA00 

Safety Zone; Willamette River, Lake 

Oswego, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Willamette River 

near Lake Oswego, OR. This action is 

necessary to provide for the safety of life 

on these navigable waters during a 

fireworks display on July 4, 2018. This 

regulation prohibits 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 p.m. 

to 11:30 p.m. on July 4, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0380 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Laura Springer, Waterways 

Management Division, Marine Safety 

Unit Portland, U.S. Coast Guard; 

telephone 503–240–9319, email 

msupdxwwm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 17, 2018, the City of Lake 

Oswego notified the Coast Guard that it 

will be conducting a fireworks display 

launched from a barge in the Willamette 

River approximately 150 yards east of 

George Rodgers Park in Lake Oswego, 

OR. In response, on May 29, 2018, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Willamette River, Lake 

Oswego, OR (83 FR 24443). 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 June 13, 2018, we 

received three comments. 

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 the Coast Guard needs to have 

a safety zone regulation in place by July 

4, 2018, to respond to the potential 

safety hazards associated with the 

fireworks display on that date. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Columbia River 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this July 4, 2018 display will 

be a safety concern for anyone within a 

450-yard 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 three 

comments on our NPRM published May 

29, 2018. The first comment was an 

email from an individual concerned 

with fire and health hazards associated 

with the fireworks display and not with 

the proposed safety zone. The 

individual was directed to contact the 

sponsoring organization to address 

those concerns. The second comment 

contained no suggested changes or 

recommendations. The third comment 

suggested a lack of communication with 

neighborhoods regarding the scope and 

ramifications of the river closure, and a 

concern with the containment of human 

wastes from boaters due to beach 

closures. As stated later in this 

temporary final rule, vessel traffic can 

request to transit through this safety 

zone, which will affect a limited area of 

the Willamette River for approximately 

two and a half hours during the evening 

when vessel traffic is normally low. 

This safety zone does not include any 

beach closures. 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 p.m. to 11:30 p.m. on July 4, 

2018. The safety zone will cover all 

navigable waters of the Willamette River 

within 450-yards of a barge located at 

45°24′37.46′′ N, 122°39′29.70′′ W, in 

vicinity of George Rogers Park in Lake 

Oswego, OR. The duration of the zone 

is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

10 p.m. 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. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the Willamette River for approximately 

two and a half hours during the evening 

when vessel traffic is normally low. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 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, 


daltland on DSKBBV9HB2PROD with RULES
30870 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact 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 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 and Commandant 

Instruction M16475.1D, 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 less than two and a half 

hours that will prohibit entry within 

450-yards of a barge in the Willamette 

River located approximately 150 yards 

east of George Rodgers Park in Lake 

Oswego, 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. 01. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T13–0380 to read as 

follows: 

§ 165.T13–0380 Safety Zone; Willamette 

River, Lake Oswego, OR. 

(a) Safety zone. The following area is 

designated a safety zone: Waters of the 

Willamette River, within a 450-yard 

radius of the fireworks barge located at 

45°24′37.46′′ N, 122°39′29.70′′ W in 

vicinity of George Rogers Park in Lake 

Oswego, OR. 

(b) Regulations. In accordance with 

§ 165.23, no person may enter or remain 

in this safety zone unless authorized by 

the Captain of the Port Columbia River 

or his designated representative. Also in 

accordance with § 165.23, no person 

may bring into, or allow to remain in 

this safety zone any vehicle, vessel, or 

object unless authorized by the Captain 

of the Port Columbia River or his 

designated representative. 

(c) Enforcement period. This section 

will be enforced from 9 p.m. to 11:30 

p.m. on July 4, 2018. 

Dated: June 25, 2018. 

D.F. Berliner, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Sector Columbia River. 

[FR Doc. 2018–14142 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 


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