82 FR 39025 - Safety Zone; Willamette River, Lake Oswego, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range		39025-39026
FR Document		2017-17422

The Coast Guard is establishing a temporary safety zone for navigable waters of the Willamette River in the vicinity of George Rogers Park in Lake Oswego, OR. This action is necessary to provide for the safety of life on these navigable waters during a fireworks display on September 9, 2017. 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.

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39025-39026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17422]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0772]
RIN 1625-AA00


Safety Zone; Willamette River, Lake Oswego, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Willamette River in the vicinity of George 
Rogers Park in Lake Oswego, OR. This action is necessary to provide for 
the safety of life on these navigable waters during a fireworks display 
on September 9, 2017. 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 September 9, 2017 from 7:30 p.m. 
through 10:00 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0772 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 [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

    Western Display Fireworks, Ltd. will be conducting a fireworks 
display from 8:30 p.m. to 9 p.m. on September 9, 2017. The Fireworks 
are to be launched from the beach at George Rogers Park. Hazards from 
firework 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 to be used in this display would be a 
safety concern for anyone within a 400-foot radius of the barge used to 
launch the fireworks display.
    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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because to do so would be impracticable as it 
would not be possible to conduct notice and comment rulemaking prior to 
the date of the event.
    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 due to the date of the event.

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 display on September 9, 
2017 will be a safety concern for anyone within a 400 foot radius of 
launch site. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone 
before, during and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 p.m. until 10:00 p.m. 
on September 9, 2017. The safety zone will cover all navigable waters 
within 400 feet of the barge being used to launch the fireworks display 
from position 45[deg]24'36.30'' N., 122[deg]39'34.75'' W. on the 
Willamette River 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 7:30 p.m. to 10:00 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.

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 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Willamette River for two hours 
during the evening when vessel traffic is

[[Page 39026]]

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 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 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 
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 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 less than two and a half hours that 
will prohibit entry within 400 feet of the barge used to launch the 
fireworks display. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 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

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.

0
2. Add Sec.  165.T13-0772 to read as follows:


Sec.  165.T13-0772   Safety Zone; Willamette River, Lake Oswego, OR.

    (a) Safety zone. The following area is designated a safety zone: 
Waters of the Willamette River, within a 400-feet radius of the 
fireworks barge located at 45[deg]24'36.30'' N., 122[deg]39'34.75'' W. 
at George Rogers Park in Lake Oswego, OR.
    (b) Regulations. In accordance with Sec.  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 Sec.  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 7:30 
p.m. to 10:00 p.m. on September 9, 2017.

    Dated: August 9, 2017.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2017-17422 Filed 8-16-17; 8:45 am]
 BILLING CODE 9110-04-P

39026 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

normally low. Moreover, the Coast D. Federalism and Indian Tribal Environmental Consideration
Guard would issue a Broadcast Notice to Governments supporting this determination is
Mariners via VHF–FM marine channel A rule has implications for federalism available in the docket where indicated
16 about the zone, and the rule would under Executive Order 13132, under ADDRESSES.
allow vessels to seek permission to enter Federalism, if it has a substantial direct G. Protest Activities
the zone. effect on the States, on the relationship
B. Impact on Small Entities between the national government and The Coast Guard respects the First
the States, or on the distribution of Amendment rights of protesters.
The Regulatory Flexibility Act of power and responsibilities among the Protesters are asked to contact the
1980, 5 U.S.C. 601–612, as amended, various levels of government. We have person listed in the FOR FURTHER
requires Federal agencies to consider analyzed this rule under that Order and INFORMATION CONTACT section to
the potential impact of regulations on have determined that it is consistent coordinate protest activities so that your
small entities during rulemaking. The with the fundamental federalism message can be received without
term ‘‘small entities’’ comprises small principles and preemption requirements jeopardizing the safety or security of
businesses, not-for-profit organizations described in Executive Order 13132. people, places or vessels.
that are independently owned and Also, this rule does not have tribal List of Subjects in 33 CFR Part 165
operated and are not dominant in their implications under Executive Order
fields, and governmental jurisdictions 13175, Consultation and Coordination Harbors, Marine safety, Navigation
with populations of less than 50,000. with Indian Tribal Governments, (water), Reporting and recordkeeping
The Coast Guard certifies under 5 U.S.C. because it does not have a substantial requirements, Security measures,
605(b) that this rule will not have a direct effect on one or more Indian Waterways.
significant economic impact on a tribes, on the relationship between the
Federal Government and Indian tribes, For the reasons discussed in the
substantial number of small entities.
or on the distribution of power and preamble, the Coast Guard amends 33
While some owners or operators of CFR part 165 as follows:
responsibilities between the Federal
vessels intending to transit the safety
Government and Indian tribes. If you
zone may be small entities, for the PART 165—REGULATED NAVIGATION
believe this rule has implications for
reasons stated in section V.A above, this AREAS AND LIMITED ACCESS AREAS
federalism or Indian tribes, please
rule will not have a significant
contact the person listed in the FOR
economic impact on any vessel owner ■ 1. The authority citation for part 165
FURTHER INFORMATION CONTACT section
or operator. continues to read as follows:
above.
Under section 213(a) of the Small Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Business Regulatory Enforcement E. Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act Department of Homeland Security Delegation
we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1.
understanding this rule. If the rule Federal agencies to assess the effects of ■ 2. Add § 165.T13–0772 to read as
would affect your small business, their discretionary regulatory actions. In follows:
organization, or governmental particular, the Act addresses actions
jurisdiction and you have questions that may result in the expenditure by a § 165.T13–0772 Safety Zone; Willamette
concerning its provisions or options for State, local, or tribal government, in the River, Lake Oswego, OR.
compliance, please contact the person aggregate, or by the private sector of
(a) Safety zone. The following area is
listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or
designated a safety zone: Waters of the
CONTACT section. more in any one year. Though this rule
Willamette River, within a 400-feet
Small businesses may send comments will not result in such an expenditure,
radius of the fireworks barge located at
on the actions of Federal employees we do discuss the effects of this rule
45°24′36.30″ N., 122°39′34.75″ W. at
who enforce, or otherwise determine elsewhere in this preamble.
George Rogers Park in Lake Oswego, OR.
compliance with, Federal regulations to F. Environment (b) Regulations. In accordance with
the Small Business and Agriculture § 165.23, no person may enter or remain
We have analyzed this rule under
Regulatory Enforcement Ombudsman in this safety zone unless authorized by
Department of Homeland Security
and the Regional Small Business Management Directive 023–01 and the Captain of the Port Columbia River
Regulatory Fairness Boards. The Commandant Instruction M16475.lD, or his designated representative. Also in
Ombudsman evaluates these actions which guide the Coast Guard in accordance with § 165.23, no person
annually and rates each agency’s complying with the National may bring into, or allow to remain in
responsiveness to small business. If you Environmental Policy Act of 1969 (42 this safety zone any vehicle, vessel, or
wish to comment on actions by U.S.C. 4321–4370f), and have object unless authorized by the Captain
employees of the Coast Guard, call determined that this action is one of a of the Port Columbia River or his
1–888–REG–FAIR (1–888–734–3247). category of actions that do not designated representative.
The Coast Guard will not retaliate individually or cumulatively have a
against small entities that question or (c) Enforcement period. This section
significant effect on the human will be enforced from 7:30 p.m. to 10:00
complain about this rule or any policy environment. This rule involves a safety p.m. on September 9, 2017.
sradovich on DSK3GMQ082PROD with RULES

or action of the Coast Guard. zone lasting less than two and a half
Dated: August 9, 2017.
C. Collection of Information hours that will prohibit entry within
400 feet of the barge used to launch the D.F. Berliner,
This rule will not call for a new fireworks display. It is categorically Captain, U.S. Coast Guard, Acting Captain
collection of information under the excluded from further review under of the Port, Sector Columbia River.
Paperwork Reduction Act of 1995 (44 paragraph 34(g) of Figure 2–1 of the [FR Doc. 2017–17422 Filed 8–16–17; 8:45 am]
U.S.C. 3501–3520). Commandant Instruction. A Record of BILLING CODE 9110–04–P

VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 9990 E:\FR\FM\17AUR1.SGM 17AUR1

Document Created: 2017-08-17 01:42:41
Document Modified: 2017-08-17 01:42:41

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		Temporary final rule.
Dates		This rule is effective from September 9, 2017 from 7:30 p.m. through 10:00 p.m.
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 [email protected]
FR Citation		82 FR 39025
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 39025 - Safety Zone; Willamette River, Lake Oswego, OR

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 158 (August 17, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard