[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Rules and Regulations]
[Pages 31736-31738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11187]


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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, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 
regulation prohibits persons and vessels from being in the safety zone 
unless authorized by the Captain of the Port Sector Columbia River or a 
designated representative.

DATES: This rule is effective from 8:30 p.m. on May 27, 2022, to 12 
a.m. on May 28, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0269 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

[[Page 31737]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Sean Murphy, Waterways Management Division, Marine 
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email 
<a href="/cdn-cgi/l/email-protection#f9bdc8cad4aab4bbd4b4aaaca9968b8d9598979daeaeb4b98c8a9a9ed7949095"><span class="__cf_email__" data-cfemail="236712100e706e610e6e7076734c51574f424d4774746e63565040440d4e4a4f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port 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 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 
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. In response, on 
April 15, 2022, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zone; Fireworks Display, Willamette 
River, Portland, OR (87 FR 22496). 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 2, 
2022, 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 immediate 
action is needed to respond to the potential safety hazards associated 
with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). 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 rule is to ensure the safety of 
vessels and the navigable waters within the designated area before, 
during, and after the scheduled event.

IV. Discussion of Comments and the Rule

    As noted above, we received three comments on our NPRM published 
April 14, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    One comment expressed concerns about citizens or businesss needing 
access to the river in the vicinity of the safety zone. This concern is 
mitigated because vessels can contact a COTP representative via radio 
on UHF-16 to request passage. The second comment was in support of the 
safety zone, although it erroneously states that the duration of the 
safety zone is for 3 hours rather than 3 and a half hours. The 
remaining comment was unrelated to the proposed rulemaking.
    This rule establishes a safety zone from 8:30 p.m. on May 27, 2022 
to midnight on May 28, 2022. The safety zone will 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 will 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 p.m. to 
11 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. 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 should 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.

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 Executive Order 12866. 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, 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 will issue a Notice to Mariners 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 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

[[Page 31738]]

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 3.5 hours that will prohibit entry between 2 
bridges within approximately 500 yards near a fireworks barge. 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; 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 27 May, 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: May 19, 2022.
G.M. Bailey,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector 
Columbia River.
[FR Doc. 2022-11187 Filed 5-24-22; 8:45 am]
BILLING CODE 9110-04-P


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