82 FR 28556 - Safety Zones; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 120 (June 23, 2017)
Coast Guard
Federal Register Volume 82, Issue 120 (June 23, 2017)
| Page Range | 28556-28559 | |
| FR Document | 2017-13117 |
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)] [Rules and Regulations] [Pages 28556-28559] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13117] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0149] RIN 1625-AA00 Safety Zones; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing safety zones at various locations in the Sector Columbia River Captain of the Port zone. This action is necessary to provide for the safety of life on these navigable waters during fireworks displays. 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 July 4, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0149 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, 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 II. Background Information and Regulatory History The Coast Guard is establishing five new fireworks displays to be conducted during the 2017 season. These new safety zones are listed in existing 33 CFR 164.1315. Additionally, the Coast Guard is consolidating two fireworks display safety zones into the table in Sec. 165.1315. On April 7, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled, ``Safety Zone; Annual Fireworks Displays within the Sector Columbia River Captain of the Port Zone'' (82 FR 16976). 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 8, 2017, we received one comment. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register, due to the first newly added fireworks display covered under this rule being conducted on July 4, 2017. Delaying this rule would be impractical as it would prevent the Coast Guard from ensuring the safety of spectators and vessels during the fireworks displays and immediate action is necessary to prevent possible loss of life and property. 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 Sector Columbia River has determined that fireworks displays create hazardous conditions for the maritime public because of the large number of vessels near the displays, as well as the noise, falling debris, and explosions that occur during the event. Because firework discharge sites pose a potential hazard to the maritime public, these safety zones are necessary in order to restrict vessel movement and reduce vessel congregation in the proximity of the firework discharge sites. IV. Discussion of Comments, Changes, and the Rule As noted above, we received one comment stating, ``The Coast Guard should establish five new fireworks display safety zones at various locations in the Sector Columbia River Captain of the Port zone. In addition to adding new fireworks display safety zones, this proposed rule making would consolidate existing safety zones into one regulation and eliminate one safety zone listed in two regulations.'' In essence, this comment restates what the rule is seeking to accomplish. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. The rule establishes five new fireworks display safety zones to revise 33 CFR 165.1315 to include multiple locations in the Sector Columbia River COTP Zone. The added safety zones would cover all waters of the Oregon [[Page 28557]] coast, Tillamook Bay, the Columbia River and its tributaries, and the Clatskanie River, within a 450 yard radius of the launch site at the approximate locations listed in the table located in 33 CFR 165.1315. The safety zones will be enforced at least 1 hour before and 1 hour after the duration of the scheduled event. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zones. Vessel traffic would be able to safely transit around these safety zones which would impact small designated areas of the Oregon coast, Tillamook Bay, the Columbia River and its tributaries, and the Clatskanie River for less than 1 hour during the evening when commercial vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 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 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 Management Directive 023-01 and Commandant Instruction M16475.lD, 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 rule involves safety zones that are approximately 3 hours in duration and would prohibit entry within 450 yards of the launch sites. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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 [[Page 28558]] 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: 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. Sec. 165.1314 [Removed] 0 2. Remove Sec. 165.1314. 0 3. Revise Sec. 165.1315 to read as follows: Sec. 165.1315 Safety Zone; Annual Fireworks Displays within the Sector Columbia River Captain of the Port Zone. (a) Safety zones. The following areas are designated safety zones: Waters of the Columbia River and its tributaries, waters of the Siuslaw River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and waters of the Washington and Oregon Coasts, within a 450 yard radius of the launch site at the approximate locations listed in the following table: ---------------------------------------------------------------------------------------------------------------- Event name (typically) Event location Date of event Latitude Longitude ---------------------------------------------------------------------------------------------------------------- Cinco de Mayo Fireworks....... Portland, OR.... One day in May.. 45[deg]30'58'' N..... 122[deg]40'12'' W. Portland Rose Festival Portland, OR.... One day in May 45[deg]30'58'' N..... 122[deg]40'12'' W. Fireworks. or June. Newport High School Graduation Newport, OR..... One day in June. 44[deg]36'48'' N..... 124[deg]04'10'' W. Fireworks. Tri-City Chamber of Commerce Kennewick, WA... One day in July. 46[deg]13'37'' N..... 119[deg]08'47'' W. Fireworks/River of Fire Festival. Astoria-Warrenton 4th of July Astoria, OR..... One day in July. 46[deg]11'34'' N..... 123[deg]49'28'' W. Fireworks. Waterfront Blues Festival Portland, OR.... One day in July. 45[deg]30'42'' N..... 122[deg]40'14'' W. Fireworks. Florence Independence Day Florence, OR.... One day in July. 43[deg]58'09'' N..... 124[deg]05'50'' W. Celebration. Oaks Park Association 4th of Portland, OR.... One day in July. 45[deg]28'22'' N..... 122[deg]39'59'' W. July. City of Rainier/Rainier Days.. Rainier, OR..... One day in July. 46[deg]05'46'' N..... 122[deg]56'18'' W. Ilwaco July 4th Committee Ilwaco, OR...... One day in July. 46[deg]18'17'' N..... 124[deg]02'00'' W. Fireworks/Independence Day at the Port. Celebrate Milwaukie........... Milwaukie, OR... One day in July. 45[deg]26'33 N....... 122[deg]38'44'' W. Splash Aberdeen Waterfront Aberdeen, WA.... One day in July. 46[deg]58'40'' N..... 123[deg]47'45'' W. Festival. City of Coos Bay July 4th Coos Bay, OR.... One day in July. 43[deg]22'06'' N..... 124[deg]12'24'' W. Celebration/Fireworks Over the Bay. Arlington 4th of July......... Arlington, OR... One day in July. 45[deg]43'23'' N..... 120[deg]12'11 W. East County 4th of July Gresham, OR..... One day in July. 45[deg]33'32'' N..... 122[deg]27'10'' W. Fireworks. Port of Cascade Locks 4th of Cascade Locks, One day in July. 45[deg]40'15'' N..... 121[deg]53'43'' W. July Fireworks. OR. Clatskanie Heritage Days Clatskanie, OR.. One Day in July. 46[deg]6'17'' N...... 123[deg]12'02'' W. Fireworks. Washougal 4th of July......... Washougal, WA... One day in July. 45[deg]34'32'' N..... 122[deg]22'53'' W. City of St. Helens 4th of July St. Helens, OR.. One day in July. 45[deg]51'54'' N..... 122[deg]47'26'' W. Fireworks. Waverly Country Club 4th of Milwaukie, OR... One day in July. 45[deg]27'03'' N..... 122[deg]39'18'' W. July Fireworks. Hood River 4th of July........ Hood River, OR.. One day in July. 45[deg]42'58'' N..... 121[deg]30'32'' W. Rufus 4th of July Fireworks... Rufus, OR....... One day in July. 45[deg]41'39'' N..... 120[deg]45'16'' W. Winchester Bay 4th of July Winchester Bay, One day in July. 43[deg]40'56'' N..... 124[deg]11'13'' W. Fireworks. OR. Brookings, OR July 4th Brookings, OR... One day in July. 42[deg]02'39'' N..... 124[deg]16'14'' W. Fireworks. Maritime Heritage Festival.... St. Helens, OR.. One day in July. 45[deg]51'54'' N..... 122[deg]47'26'' W. Lynch Picnic.................. West Linn, OR... One day in July. 45[deg]23'37'' N..... 122[deg]37'52'' W. Yachats 4th of July........... Yachats, OR..... One day in July. 44[deg]18'38'' N..... 124[deg]06'27'' W. Lincoln City 4th of July...... Lincoln City, OR One day in July. 44[deg]55'28'' N..... 124[deg]01'31'' W. July 4th Party at the Port of Gold Beach, OR.. One day in July. 42[deg]25'30'' N..... 124[deg]25'03'' W. Gold Beach. Gardiner 4th of July.......... Gardiner, OR.... One day in July. 43[deg]43'55'' N..... 124[deg]06'48'' W. Huntington 4th of July........ Huntington, OR.. One day in July. 44[deg]18'02'' N..... 117[deg]13'33'' W. Toledo Summer Festival........ Toledo, OR...... One day in July. 44[deg]37'08'' N..... 123[deg]56'24'' W. Port Orford 4th of July....... Port Orford, OR. One day in July. 42[deg]44'31'' N..... 124[deg]29'30'' W. The Dalles Area Fourth of July The Dalles, OR.. One day in July. 45[deg]36'18'' N..... 121[deg]10'23'' W. Roseburg Hometown 4th of July. Roseburg, OR.... One day in July. 43[deg]12'58'' N..... 123[deg]22'10'' W. Newport 4th of July........... Newport, OR..... One day in July. 44[deg]37'40'' N..... 124[deg]02'45'' W. Cedco Inc./The Mill Casino North Bend, OR.. One day in July. 43[deg]23'42'' N..... 124[deg]12'55'' W. Independence Day. Waldport 4th of July.......... Waldport, OR.... One day in July. 44[deg]25'31'' N..... 124[deg]04'44'' W. Westport 4th of July.......... Westport, WA.... One day in July. 46[deg]54'17'' N..... 124[deg]05'59'' W. The 4th of July at Pekin Ferry Ridgefield, WA.. One day in July. 45[deg]52'07'' N..... 122[deg]43'53'' W. Bandon 4th of July............ Bandon, OR...... One day in July. 43[deg]07'29'' N..... 124[deg]25'05'' W. Garibaldi Days Fireworks...... Garibaldi, OR... One day in July. 45[deg]33'13'' N..... 123[deg]54'56'' W. Bald Eagle Days............... Cathlamet, WA... One day in July. 46[deg]12'14'' N..... 123[deg]23'17'' W. Independence Day at the Fort Vancouver, WA... One Day in July. 45[deg]36'57'' N..... 122[deg]40'09'' W. Vancouver. Oregon Symphony Concert Portland, OR.... One day in 45[deg]30'42'' N..... 122[deg]40'14'' W. Fireworks. August or September. Astoria Regatta............... Astoria, OR..... One day in 46[deg]11'34'' N..... 123[deg]49'28'' W. August. First Friday Milwaukie........ Milwaukie, OR... One day in 45[deg]26'33'' N..... 122[deg]38'44'' W. September. Leukemia and Lymphoma Light Portland, OR.... One day in 45[deg]31'14'' N..... 122[deg]40'06'' W. the Night Fireworks. October. Willamette Falls Heritage Oregon City, OR. One day in 45[deg]21'44'' N..... 122[deg]36'21'' W. Festival. October. Veterans Day Celebration...... The Dalles, OR.. One day in 45[deg]36'18'' N..... 121[deg]10'34'' W. November. ---------------------------------------------------------------------------------------------------------------- [[Page 28559]] (b) Special requirements. Fireworks barges or launch sites on land used in locations stated in this section must display a sign. The sign will be affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land and in close proximity to the shoreline facing the water labeled ``FIREWORKS--DANGER--STAY AWAY.'' This will provide on-scene notice that the safety zone is, or will, be enforced on that day. This notice will consist of a diamond shaped sign, 4-foot by 4-foot, with a 3-inch orange retro-reflective border. The word ``DANGER'' will be 10-inch black block letters centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6-inch black block letters placed above and below the word ``DANGER'' respectively on a white background. An on-scene patrol vessel may enforce these safety zones at least 1 hour prior to the start and 1 hour after the conclusion of the fireworks display. (c) Notice of enforcement. These safety zones will be activated and thus subject to enforcement, under the following conditions: The Coast Guard must receive an Application for Marine Event for each fireworks display; and, the Captain of the Port will cause notice of the enforcement of these safety zones to be made by all appropriate means to provide notice to the affected segments of the public as practicable, in accordance with Sec. 165.7(a). The Captain of the Port will issue a Local Notice to Mariners notifying the public of activation and suspension of enforcement of these safety zones. Additionally, an on-scene Patrol Commander may be appointed to enforce the safety zones by limiting the transit of non-participating vessels in the designated areas described in paragraph (a) of this section. (d) Enforcement periods. This section will be enforced at least 1 hour before and 1 hour after the duration of the event each day a barge or launch site with a ``FIREWORKS--DANGER--STAY AWAY'' sign is located within any of the safety zones identified in paragraph (a) of this section and meets the criteria established in paragraphs (b) and (c) of this section. (e) Regulations. In accordance with the general regulations in subpart C of this part no person may enter or remain in the safety zone created in this section or bring, cause to be brought, or allow to remain in the safety zone created in this section any vehicle, vessel, or object unless authorized by the Captain of the Port or his designated representative. The Captain of the Port may be assisted by other Federal, State, or local agencies with the enforcement of the safety zone. (f) Authorization. All vessel operators who desire to enter the safety zone must obtain permission from the Captain of the Port or Designated Representative by contacting either the on-scene patrol craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River Command Center via telephone at (503) 861-6211. Sec. 165.1316 [Removed] 0 4. Remove Sec. 165.1316. Dated: June 16, 2017. D.F. Berliner, Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia River. [FR Doc. 2017-13117 Filed 6-22-17; 8:45 am] BILLING CODE 9110-04-P
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implementation and the termination of DEPARTMENT OF HOMELAND Zone; Annual Fireworks Displays
the safety zone will be made in SECURITY within the Sector Columbia River
accordance with § 165.7. Captain of the Port Zone’’ (82 FR
Coast Guard 16976). There we stated why we issued
(5) Entry into, transiting, or anchoring
the NPRM, and invited comments on
within the safety zone is prohibited
33 CFR Part 165 our proposed regulatory action related
unless vessels obtain permission from
[Docket Number USCG–2017–0149]
to this fireworks display. During the
the Captain of the Port or make comment period that ended May 8,
satisfactory passing arrangements, via RIN 1625–AA00 2017, we received one comment. There
VHF–FM channel 16, with the dredge are no changes in the regulatory text of
ILLINOIS per this rule and the Rules of Safety Zones; Annual Fireworks this rule from the proposed rule in the
the Road (33 CFR chapter I, subchapter Displays Within the Sector Columbia NPRM.
E). River Captain of the Port Zone We are issuing this rule, and under 5
(6) To request permission to enter the AGENCY: Coast Guard, DHS. U.S.C. 553(d)(3), the Coast Guard finds
safety zone, the Captain of the Port’s that good cause exists for making it
ACTION: Final rule.
representative can be contact via VHF– effective less than 30 days after
FM channel 16. Vessels granted SUMMARY: The Coast Guard is publication in the Federal Register, due
permission to enter and transit through establishing safety zones at various to the first newly added fireworks
locations in the Sector Columbia River display covered under this rule being
the safety zone must do so in
Captain of the Port zone. This action is conducted on July 4, 2017. Delaying this
accordance with the directions provided rule would be impractical as it would
by the Captain of the Port or designated necessary to provide for the safety of life
on these navigable waters during prevent the Coast Guard from ensuring
representative. No person or vessel may the safety of spectators and vessels
fireworks displays. This regulation
enter or remain in a safety zone without during the fireworks displays and
prohibits persons and vessels from
permission from the Captain of the Port. immediate action is necessary to
being in the safety zone unless
All persons and vessels within a safety authorized by the Captain of the Port prevent possible loss of life and
zone shall obey the directions or orders Sector Columbia River or a designated property.
of the Captain of the Port or their representative.
designated representative. III. Legal Authority and Need for Rule
DATES: This rule is effective July 4, The Coast Guard is issuing this rule
(7) At least one side of the main 2017. under authority in 33 U.S.C. 1231. The
navigational channel will be kept clear
ADDRESSES: To view documents Captain of the Port Sector Columbia
for safe passage of vessels in the vicinity
mentioned in this preamble as being River has determined that fireworks
of the safety zones. At no time will the displays create hazardous conditions for
available in the docket, go to http://
main navigational channel be closed to the maritime public because of the large
www.regulations.gov, type USCG–2017–
vessel traffic. Vessels requesting to 0149 in the ‘‘SEARCH’’ box and click number of vessels near the displays, as
transit shall contact the dredge ‘‘SEARCH.’’ Click on Open Docket well as the noise, falling debris, and
ILLINOIS on VHF channel 13 or 16, at Folder on the line associated with this explosions that occur during the event.
least 1 hour, as well as 30 minutes, prior rule. Because firework discharge sites pose a
to arrival. FOR FURTHER INFORMATION CONTACT: If potential hazard to the maritime public,
(8) This section applies to all vessels you have questions on this rule, call or these safety zones are necessary in order
that intend to transit through the safety email LCDR Laura Springer, Waterways to restrict vessel movement and reduce
zones except vessels that are engaged in Management Division, Marine Safety vessel congregation in the proximity of
the following operations: enforcement of Unit Portland, Coast Guard; telephone the firework discharge sites.
laws; service of aids to navigation, and 503–240–9319, email msupdxwwm@ IV. Discussion of Comments, Changes,
emergency response. uscg.mil. and the Rule
(d) Enforcement. These safety zones SUPPLEMENTARY INFORMATION: As noted above, we received one
will be enforced with actual notice by I. Table of Abbreviations comment stating, ‘‘The Coast Guard
the U.S. Coast Guard representatives on should establish five new fireworks
scene, as well as other methods listed in CFR Code of Federal Regulations display safety zones at various locations
DHS Department of Homeland Security
§ 165.7. FR Federal Register
in the Sector Columbia River Captain of
Dated: June 16, 2017. NPRM Notice of proposed rulemaking the Port zone. In addition to adding new
§ Section fireworks display safety zones, this
Benjamin A. Cooper,
U.S.C. United States Code proposed rule making would
Captain, U.. S. Coast Guard, Captain of the consolidate existing safety zones into
Port, Delaware Bay. II. Background Information and one regulation and eliminate one safety
[FR Doc. 2017–13064 Filed 6–22–17; 8:45 am] Regulatory History zone listed in two regulations.’’ In
BILLING CODE 9110–04–P The Coast Guard is establishing five essence, this comment restates what the
new fireworks displays to be conducted rule is seeking to accomplish. There are
during the 2017 season. These new no changes in the regulatory text of this
safety zones are listed in existing 33 rule from the proposed rule in the
Pmangrum on DSK7TPTVN1PROD with RULES
CFR 164.1315. Additionally, the Coast NPRM.
Guard is consolidating two fireworks The rule establishes five new
display safety zones into the table in fireworks display safety zones to revise
§ 165.1315. 33 CFR 165.1315 to include multiple
On April 7, 2017, the Coast Guard locations in the Sector Columbia River
published a notice of proposed COTP Zone. The added safety zones
rulemaking (NPRM) titled, ‘‘Safety would cover all waters of the Oregon
VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/82_FR_28676/page/1.svg)
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coordinate protest activities so that your PART 165—REGULATED NAVIGATION § 165.1315 Safety Zone; Annual Fireworks
message can be received without AREAS AND LIMITED ACCESS AREAS Displays within the Sector Columbia River
jeopardizing the safety or security of Captain of the Port Zone.
people, places or vessels. ■ 1. The authority citation for part 165
(a) Safety zones. The following areas
continues to read as follows:
List of Subjects in 33 CFR Part 165 are designated safety zones: Waters of
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; the Columbia River and its tributaries,
Harbors, Marine safety, Navigation 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; waters of the Siuslaw River, Yaquina
Department of Homeland Security Delegation
(water), Reporting and recordkeeping River, Umpqua River, Clatskanie River,
No. 0170.1.
requirements, Security measures, Tillamook Bay and waters of the
Waterways. § 165.1314 [Removed] Washington and Oregon Coasts, within
For the reasons discussed in the ■ 2. Remove § 165.1314. a 450 yard radius of the launch site at
preamble, the Coast Guard amends 33 ■ 3. Revise § 165.1315 to read as the approximate locations listed in the
CFR part 165 as follows: follows: following table:
Event name Event Date of event Latitude Longitude
(typically) location
Cinco de Mayo Fireworks ........................................ Portland, OR ................... One day in May .............. 45°30′58″ N ...... 122°40′12″ W.
Portland Rose Festival Fireworks ........................... Portland, OR ................... One day in May or June 45°30′58″ N ...... 122°40′12″ W.
Newport High School Graduation Fireworks ........... Newport, OR ................... One day in June ............. 44°36′48″ N ...... 124°04′10″ W.
Tri-City Chamber of Commerce Fireworks/River of Kennewick, WA .............. One day in July .............. 46°13′37″ N ...... 119°08′47″ W.
Fire Festival.
Astoria-Warrenton 4th of July Fireworks ................. Astoria, OR ..................... One day in July .............. 46°11′34″ N ...... 123°49′28″ W.
Waterfront Blues Festival Fireworks ....................... Portland, OR ................... One day in July .............. 45°30′42″ N ...... 122°40′14″ W.
Florence Independence Day Celebration ................ Florence, OR .................. One day in July .............. 43°58′09″ N ...... 124°05′50″ W.
Oaks Park Association 4th of July .......................... Portland, OR ................... One day in July .............. 45°28′22″ N ...... 122°39′59″ W.
City of Rainier/Rainier Days .................................... Rainier, OR ..................... One day in July .............. 46°05′46″ N ...... 122°56′18″ W.
Ilwaco July 4th Committee Fireworks/Independ- Ilwaco, OR ...................... One day in July .............. 46°18′17″ N ...... 124°02′00″ W.
ence Day at the Port.
Celebrate Milwaukie ................................................ Milwaukie, OR ................ One day in July .............. 45°26′33 N ....... 122°38′44″ W.
Splash Aberdeen Waterfront Festival ..................... Aberdeen, WA ................ One day in July .............. 46°58′40″ N ...... 123°47′45″ W.
City of Coos Bay July 4th Celebration/Fireworks Coos Bay, OR ................ One day in July .............. 43°22′06″ N ...... 124°12′24″ W.
Over the Bay.
Arlington 4th of July ................................................. Arlington, OR .................. One day in July .............. 45°43′23″ N ...... 120°12′11 W.
East County 4th of July Fireworks .......................... Gresham, OR ................. One day in July .............. 45°33′32″ N ...... 122°27′10″ W.
Port of Cascade Locks 4th of July Fireworks ......... Cascade Locks, OR ....... One day in July .............. 45°40′15″ N ...... 121°53′43″ W.
Clatskanie Heritage Days Fireworks ....................... Clatskanie, OR ............... One Day in July .............. 46°6′17″ N ........ 123°12′02″ W.
Washougal 4th of July ............................................. Washougal, WA .............. One day in July .............. 45°34′32″ N ...... 122°22′53″ W.
City of St. Helens 4th of July Fireworks .................. St. Helens, OR ............... One day in July .............. 45°51′54″ N ...... 122°47′26″ W.
Waverly Country Club 4th of July Fireworks ........... Milwaukie, OR ................ One day in July .............. 45°27′03″ N ...... 122°39′18″ W.
Hood River 4th of July ............................................. Hood River, OR .............. One day in July .............. 45°42′58″ N ...... 121°30′32″ W.
Rufus 4th of July Fireworks ..................................... Rufus, OR ....................... One day in July .............. 45°41′39″ N ...... 120°45′16″ W.
Winchester Bay 4th of July Fireworks ..................... Winchester Bay, OR ....... One day in July .............. 43°40′56″ N ...... 124°11′13″ W.
Brookings, OR July 4th Fireworks ........................... Brookings, OR ................ One day in July .............. 42°02′39″ N ...... 124°16′14″ W.
Maritime Heritage Festival ....................................... St. Helens, OR ............... One day in July .............. 45°51′54″ N ...... 122°47′26″ W.
Lynch Picnic ............................................................ West Linn, OR ................ One day in July .............. 45°23′37″ N ...... 122°37′52″ W.
Yachats 4th of July .................................................. Yachats, OR ................... One day in July .............. 44°18′38″ N ...... 124°06′27″ W.
Lincoln City 4th of July ............................................ Lincoln City, OR ............. One day in July .............. 44°55′28″ N ...... 124°01′31″ W.
July 4th Party at the Port of Gold Beach ................ Gold Beach, OR ............. One day in July .............. 42°25′30″ N ...... 124°25′03″ W.
Gardiner 4th of July ................................................. Gardiner, OR .................. One day in July .............. 43°43′55″ N ...... 124°06′48″ W.
Huntington 4th of July ............................................. Huntington, OR ............... One day in July .............. 44°18′02″ N ...... 117°13′33″ W.
Toledo Summer Festival ......................................... Toledo, OR ..................... One day in July .............. 44°37′08″ N ...... 123°56′24″ W.
Port Orford 4th of July ............................................. Port Orford, OR .............. One day in July .............. 42°44′31″ N ...... 124°29′30″ W.
The Dalles Area Fourth of July ............................... The Dalles, OR ............... One day in July .............. 45°36′18″ N ...... 121°10′23″ W.
Roseburg Hometown 4th of July ............................. Roseburg, OR ................ One day in July .............. 43°12′58″ N ...... 123°22′10″ W.
Newport 4th of July ................................................. Newport, OR ................... One day in July .............. 44°37′40″ N ...... 124°02′45″ W.
Cedco Inc./The Mill Casino Independence Day ...... North Bend, OR .............. One day in July .............. 43°23′42″ N ...... 124°12′55″ W.
Waldport 4th of July ................................................ Waldport, OR .................. One day in July .............. 44°25′31″ N ...... 124°04′44″ W.
Westport 4th of July ................................................ Westport, WA ................. One day in July .............. 46°54′17″ N ...... 124°05′59″ W.
The 4th of July at Pekin Ferry ................................. Ridgefield, WA ................ One day in July .............. 45°52′07″ N ...... 122°43′53″ W.
Bandon 4th of July .................................................. Bandon, OR .................... One day in July .............. 43°07′29″ N ...... 124°25′05″ W.
Garibaldi Days Fireworks ........................................ Garibaldi, OR .................. One day in July .............. 45°33′13″ N ...... 123°54′56″ W.
Bald Eagle Days ...................................................... Cathlamet, WA ............... One day in July .............. 46°12′14″ N ...... 123°23′17″ W.
Independence Day at the Fort Vancouver .............. Vancouver, WA .............. One Day in July .............. 45°36′57″ N ...... 122°40′09″ W.
Oregon Symphony Concert Fireworks .................... Portland, OR ................... One day in August or 45°30′42″ N ...... 122°40′14″ W.
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September.
Astoria Regatta ........................................................ Astoria, OR ..................... One day in August ......... 46°11′34″ N ...... 123°49′28″ W.
First Friday Milwaukie .............................................. Milwaukie, OR ................ One day in September ... 45°26′33″ N ...... 122°38′44″ W.
Leukemia and Lymphoma Light the Night Fire- Portland, OR ................... One day in October ........ 45°31′14″ N ...... 122°40′06″ W.
works.
Willamette Falls Heritage Festival ........................... Oregon City, OR ............. One day in October ........ 45°21′44″ N ...... 122°36′21″ W.
Veterans Day Celebration ....................................... The Dalles, OR ............... One day in November .... 45°36′18″ N ...... 121°10′34″ W.
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![Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations 28559
(b) Special requirements. Fireworks the criteria established in paragraphs (b) FOR FURTHER INFORMATION CONTACT:
barges or launch sites on land used in and (c) of this section. Lizbeth Dobbins (202) 268–3789.
locations stated in this section must (e) Regulations. In accordance with SUPPLEMENTARY INFORMATION: The most
display a sign. The sign will be affixed the general regulations in subpart C of recent issue of the Domestic Mail
to the port and starboard side of the this part no person may enter or remain Manual (DMM) is dated January 22,
barge or mounted on a post 3 feet above in the safety zone created in this section 2017. This issue of the DMM contains
ground level when on land and in close or bring, cause to be brought, or allow all Postal Service domestic mailing
proximity to the shoreline facing the to remain in the safety zone created in standards, and continues to: (1) Increase
water labeled ‘‘FIREWORKS— this section any vehicle, vessel, or object the user’s ability to find information; (2)
DANGER—STAY AWAY.’’ This will unless authorized by the Captain of the increase confidence that users have
provide on-scene notice that the safety Port or his designated representative. found all the information they need; and
zone is, or will, be enforced on that day. The Captain of the Port may be assisted (3) reduce the need to consult multiple
This notice will consist of a diamond by other Federal, State, or local agencies chapters of the Manual to locate
shaped sign, 4-foot by 4-foot, with a 3- with the enforcement of the safety zone. necessary information. The issue dated
inch orange retro-reflective border. The (f) Authorization. All vessel operators January 22, 2017, sets forth specific
word ‘‘DANGER’’ will be 10-inch black who desire to enter the safety zone must changes, including new standards
block letters centered on the sign with obtain permission from the Captain of throughout the DMM to support the
the words ‘‘FIREWORKS’’ and ‘‘STAY the Port or Designated Representative by standards and mail preparation changes
AWAY’’ in 6-inch black block letters contacting either the on-scene patrol implemented since the version issued
placed above and below the word craft on VHF Ch 13 or Ch 16 or the on July 11, 2016.
‘‘DANGER’’ respectively on a white Coast Guard Sector Columbia River Changes to mailing standards will
background. An on-scene patrol vessel Command Center via telephone at (503) continue to be published through
may enforce these safety zones at least 861–6211. Federal Register notices and the Postal
1 hour prior to the start and 1 hour after § 165.1316 [Removed] Bulletin, and will appear in the next
the conclusion of the fireworks display. online version available via the Postal
■ 4. Remove § 165.1316.
(c) Notice of enforcement. These Explorer® Web site at: http://
safety zones will be activated and thus Dated: June 16, 2017. pe.usps.com.
subject to enforcement, under the D.F. Berliner,
List of Subjects in 39 CFR Part 111
following conditions: The Coast Guard Captain, U.S. Coast Guard, Acting Captain
must receive an Application for Marine of the Port, Sector Columbia River. Administrative practice and
Event for each fireworks display; and, [FR Doc. 2017–13117 Filed 6–22–17; 8:45 am] procedure, Incorporation by reference.
the Captain of the Port will cause notice BILLING CODE 9110–04–P In view of the considerations
of the enforcement of these safety zones discussed above, the Postal Service
to be made by all appropriate means to hereby amends 39 CFR part 111 as
provide notice to the affected segments POSTAL SERVICE follows:
of the public as practicable, in
accordance with § 165.7(a). The Captain 39 CFR Part 111 PART 111—GENERAL INFORMATION
of the Port will issue a Local Notice to ON POSTAL SERVICE
Mariners notifying the public of Domestic Mail Manual; Incorporation
activation and suspension of by Reference ■ 1. The authority citation for 39 CFR
enforcement of these safety zones. part 111 continues to read as follows:
AGENCY: Postal ServiceTM.
Additionally, an on-scene Patrol Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
ACTION: Final rule.
Commander may be appointed to 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
enforce the safety zones by limiting the SUMMARY: The Postal Service announces 401, 403, 404, 414, 416, 3001–3011, 3201–
transit of non-participating vessels in the issuance of the Mailing Standards of 3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
the designated areas described in the United States Postal Service,
paragraph (a) of this section. Domestic Mail Manual (DMM®) dated ■ 2. In § 111.3 amend paragraph (f) by
January 22, 2017, and its incorporation revising the last two entries in the table
(d) Enforcement periods. This section for ‘‘DMM 300’’ and adding an entry at
will be enforced at least 1 hour before by reference in the Code of Federal
Regulations. the end of the table to read as follows:
and 1 hour after the duration of the
event each day a barge or launch site DATES: This final rule is effective on § 111.3 Amendment to the Mailing
with a ‘‘FIREWORKS—DANGER— June 23, 2017. The incorporation by Standards of the United States Postal
STAY AWAY’’ sign is located within reference of the DMM dated January 22, Service, Domestic Mail Manual.
any of the safety zones identified in 2017, is approved by the Director of the * * * * *
paragraph (a) of this section and meets Federal Register as of June 23, 2017. (f) * * *
Transmittal letter for issue Dated Federal Register publication
* * * * * * *
DMM 300 ....................................... January 25, 2015 ....................................................... 80 FR 13492.
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DMM 300 ....................................... July 11, 2016 .............................................................. 81 FR 66822.
DMM ............................................... January 22, 2017 ....................................................... [INSERT Federal Register CITATION FOR THIS
RULE].
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Document Created: 2017-06-23 03:37:36
Document Modified: 2017-06-23 03:37:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 4, 2017. | |
| Contact | If you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected] | |
| FR Citation | 82 FR 28556 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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