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[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Proposed Rules]
[Pages 22496-22498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08049]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 73 / Friday, April 15, 2022 / 
Proposed Rules

[[Page 22496]]

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0269]
RIN 1625-AA00

Safety Zone; Fireworks Display, Willamette River, Portland, OR

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain navigable waters of the Willamette River. This action 
is necessary to provide for the safety of life on these navigable 
waters near Portland, OR, during a fireworks display on May 27, 2022. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Sector 
Columbia River or a designated representative. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 2, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0269 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Sean Murphy, Waterways Management 
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

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
COTP Captain of the Port Sector Columbia River

II. Background, Purpose, and Legal Basis

    On March 8, 2022, Western Display Fireworks, LTD notified the Coast 
Guard that it will be conducting a fireworks display from 9:30 to 11 
p.m. on May 27, 2022, for the Portland Rose Festival Opening Night. The 
proposed safety zone would last from 8:30 p.m. on May 27, 2022, to 
12:00 a.m. on May 28, 2022. The fireworks are to be launched from a 
barge in the Willamette River between the Hawthorne and Marquam 
Bridges, Portland, OR. Hazards from fireworks displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The Captain of the Port Sector Columbia 
River (COTP) has determined that potential hazards associated with the 
fireworks display would be a safety concern for anyone within the 
designated area of the safety zone before, during, or after the 
fireworks display.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the designated area before, during, and 
after the scheduled event. The Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 8:30 p.m. on 
May 27, 2022, to midnight 12:00 a.m. on May 28, 2022. The safety zone 
would cover all navigable waters of the Columbia River, from surface to 
bottom, between the Hawthorne and Marquam Bridges. The fireworks barge 
location will be at the following approximate point: 45[deg]30'37.61'' 
N/122[deg]40'11.81'' W. The safety zone would encompass approximately 
500 feet. The duration of the zone is intended to ensure the safety of 
vessels and these navigable waters before, during, and after the 
scheduled 9:30 to 11 p.m. fireworks display. No vessel or person would 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. A designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to act on his behalf, or a Federal, State, 
and local officer designated by or assisting the COTP in the 
enforcement of the safety zone. Vessel operators desiring to enter or 
operate within the safety zone would contact the COTP's on-scene 
designated representative by calling (503) 209-2468 or the Sector 
Columbia River Command Center on Channel 16 VHF-FM. 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 Executive Order 12866. 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, and duration of the safety zone. The safety zone will impact 
approximately 500 feet of the Columbia River before, during, and after 
the fireworks event for 3.5 hours and thus is limited in scope. 
Moreover, the Coast Guard would issue a Notice to Mariners about the 
zone, 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, 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

[[Page 22497]]

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 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 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 effects of this 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 a safety 
zone lasting 1.5 hours that would prohibit entry between 2 bridges 
within approximately 500 yards near a fireworks barge. Normally such 
actions are categorically excluded from further review under paragraph 
L60 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 https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0269 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 https://www.regulations.gov, 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 https://www.regulations.gov Frequently Asked 
Questions web page. 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 https://www.regulations.gov 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).

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 is 
proposing to amend 33 CFR part 165 as follows:

[[Page 22498]]

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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0269 to read as follows:

Sec.  165.T13-0269   Safety Zone; Fireworks Display, Willamette River, 
Portland, OR.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Willamette River, surface to bottom, between the 
Hawthorne and Marquam Bridges, Portland, OR. The fireworks barge 
location will be at the approximate point of 45[deg]30'37.61'' N/
122[deg]40'11.81'' 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 race.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you 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 8:30 
p.m. on May 27, 2022, to 12:00 a.m. on May 28, 2022. 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.

    Dated: April 7, 2022.
M.S. Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-08049 Filed 4-14-22; 8:45 am]
BILLING CODE 9110-04-P
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