[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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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