30866 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

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 

above. 

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 approximately two and a 

half hours that will prohibit entry 

within 450 yards 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. 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.T13–0633 to read as 

follows: 

§ 165.T13–0633 Safety Zone; Columbia 

River, Kennewick, WA. 

(a) Safety zone. The following area is 

designated a safety zone: Waters of the 

Columbia River, within a 450-yard 

radius of the fireworks launch site 

located at 46°13′22′′ N, 119°08′30′′ W in 

vicinity of Columbia Park in 

Kennewick, WA. 

(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. 2018–14139 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–2018–0611] 

RIN 1625–AA00 

Safety Zone; Monongahela River Mile 

32.0 to 36.0, Gallatin, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Monongahela 

River from mile marker 32.0 to mile 

marker 36.0. The safety zone is 

necessary to protect persons, vessels, 

and the marine environment from 

potential hazards created by pipeline 

removal work. Entry of vessels or 

persons into this zone is prohibited 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30867 

unless authorized by the Captain of the 

Port Marine Safety Unit Pittsburgh or a 

designated representative. 

DATES: This rule is effective without 

actual notice from July 2, 2018 through 

6 p.m. on July 11, 2018. For the 

purposes of enforcement, actual notice 

will be used from 6 a.m. on June 27, 

2018, through July 2, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0611 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 Petty Officer Jennifer Haggins, 

Marine Safety Unit Pittsburgh, U.S. 

Coast Guard; telephone 412–221–0807, 

email Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Marine Safety 

Unit Pittsburgh 

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 June 20, 2018, River Salvage 

notified the Coast Guard that it would 

be conducting several days of pipeline 

removal work over the next several 

weeks in the vicinity of mile marker 34 

of the Monongahela River in Gallatin, 

PA. The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

safety zone by June 27, 2018 and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

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 contrary to the public 

interest because immediate action is 

necessary to respond to the potential 

safety hazards associated with the 

pipeline removal work. 

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 Marine Safety Unit 

Pittsburgh (COTP) has determined that 

potential hazards associated with 

pipeline removal work from June 27, 

2018 through July 11, 2018, will be a 

safety concern for anyone on a four-mile 

stretch of the Monongahela River. This 

rule is necessary to protect persons, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the pipeline is removed. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 6 a.m. on June 27, 2018 

through 6 p.m. on July 11, 2018. The 

safety zone will cover all navigable 

waters of the Monongahela River from 

mile marker 32.0 to mile marker 36.0. 

The Coast Guard was informed that the 

pipeline removal work would take place 

from 6 a.m. through 6 p.m. on each of 

approximately three consecutive days 

during the effective period. The periods 

of enforcement will be 30 minutes prior 

to, during, and 1 hour after any pipeline 

removal work. A safety vessel will 

coordinate all vessel traffic during the 

enforcement periods. The COTP or a 

designated representative will inform 

the public through Broadcast Notice to 

Mariners (BNM), Local Notices to 

Mariners (LNM), and/or Marine Safety 

Information Bulletins (MSIBs), or 

through other means of public notice, as 

appropriate, at least 3 hours in advance 

of the enforcement periods. The 

duration of the zone is intended to 

protect persons, vessels, and the marine 

environment in these navigable waters 

during pipeline work. 

No vessel or person will be permitted 

to enter the temporary safety zone 

without obtaining permission from the 

COTP or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

Marine Safety Unit Pittsburgh, U.S. 

Coast Guard. Vessels requiring entry 

into this safety zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM Channel 16 or 

67. All persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

The COTP or a designated 

representative will inform the public of 

the enforcement times and dates for this 

safety zone through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

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, and 

duration of the temporary safety zone. 

This temporary safety zone covers a 

four-mile stretch of the Monongahela 

River for twelve hours on approximately 

three days. Vessel traffic will be able to 

safely navigate through the affected area 

before and after the pipeline work, and 

a safety vessel will coordinate vessel 

traffic. Moreover, 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 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 


daltland on DSKBBV9HB2PROD with RULES
30868 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

temporary 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 

above. 

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 

temporary safety zone that covers a fourmile stretch of the Monongahela River 

for twelve hours on approximately three 

days. 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, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0611 to read as 

follows: 

§ 165.T08–0611 Safety Zone; Monongahela 

River mile 32.0 to 36.0, Gallatin, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Monongahela River from mile marker 

32.0 to mile marker 36.0. 

(b) Effective period. This section is 

effective without actual notice from July 

2, 2018 through 6 p.m. on July 11, 2018. 

For the purposes of enforcement, actual 

notice will be used from 6 a.m. on June 

27, 2018 through July 2, 2018. 

(c) Enforcement period. The Coast 

Guard was informed that the pipeline 

removal work would take place from 6 

a.m. through 6 p.m. on each of 

approximately three consecutive days 

during the effective period. The periods 

of enforcement will be 30 minutes prior 

to, during, and 1 hour after any pipeline 

removal work. A safety vessel will 

coordinate all vessel traffic during the 

enforcement periods. The COTP or a 

designated representative will inform 

the public through Broadcast Notice to 

Mariners (BNM), Local Notices to 

Mariners (LNM), and/or Marine Safety 

Information Bulletins (MSIBs), or 

through other means of public notice, as 

appropriate, at least 3 hours in advance 

of the enforcement periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Marine Safety Unit Pittsburgh (COTP) or 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to Marine Safety 

Unit Pittsburgh, U.S. Coast Guard. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67. 

(3) All persons and vessels permitted 

to enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and dates for this safety zone 

through Broadcast Notices to Mariners 


daltland on DSKBBV9HB2PROD with RULES
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