83 FR 27511 - Safety Zone; Lewis River, Ridgefield, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 114 (June 13, 2018)

Page Range		27511-27513
FR Document		2018-12659

The Coast Guard is establishing a temporary safety zone for navigable waters of the Lewis River near Ridgefield, WA. This action is necessary to provide for the safety of life on these navigable waters during a fireworks display on June 30, 2018. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Columbia River or a designated representative.

Federal Register, Volume 83 Issue 114 (Wednesday, June 13, 2018)

[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Rules and Regulations]
[Pages 27511-27513]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12659]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0535]
RIN 1625-AA00


Safety Zone; Lewis River, Ridgefield, WA

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 Lewis River near Ridgefield, WA. This action is 
necessary

[[Page 27512]]

to provide for the safety of life on these navigable waters during a 
fireworks display on June 30, 2018. This regulation prohibits persons 
and vessels from being in the safety zone unless authorized by the 
Captain of the Port Columbia River or a designated representative.

DATES: This rule is effective from 9:15 p.m. to 11:45 p.m. on June 30, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0535 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 
msupdxwwm@uscg.mil.

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

    Pekin Ferry will be conducting a fireworks display from 10:15 p.m. 
to 10:45 p.m. on June 30, 2018, to commemorate Independence Day. The 
fireworks are to be launched from a barge in the Lewis River in the 
vicinity of Pekin Ferry in Ridgefield, WA. Hazards from firework 
displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Columbia River (COTP) has determined that potential hazards 
associated with the fireworks to be used in this display will be a 
safety concern for anyone within a 450-yard radius of the barge.
    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 it would be impracticable to complete 
a notice-and-comment rulemaking by the date of the fireworks display, 
June 30, 2018.
    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 an enforcement regulation is 
needed on June 30, 2018, 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 33 U.S.C. 
1231. The Captain of the Port Columbia River (COTP) has determined that 
potential hazards associated with the fireworks display on June 30, 
2018, will be a safety concern for anyone within a 450-yard radius of 
the 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 9:15 p.m. until 11:45 p.m. 
on June 30, 2018. The safety zone will cover all navigable waters of 
the Lewis River within 450 yards of a barge located at 45[deg]52'07'' 
N, 122[deg]43'53'' W, in vicinity of Pekin Ferry in Ridgefield, WA. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters an hour before, during, and an hour after the 
scheduled 10:15 p.m. to 10:45 p.m. fireworks display. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. 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 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Lewis River for approximately 2 
and \1/2\ hours when vessel traffic is normally low. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 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 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

[[Page 27513]]

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 approximately 2 and \1/2\ hours that will 
prohibit entry within 450 yards of 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. 01. 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, 
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T13-0535 to read as follows:


Sec.  165.T13-0535   Safety Zone; Lewis River, Ridgefield, WA.

    (a) Safety zone. The following area is designated a safety zone: 
Waters of the Lewis River, within a 450-yard radius of the fireworks 
barge located at 45[deg]52'07'' N, 122[deg]43'53'' W in vicinity of 
Pekin Ferry in Ridgefield, WA.
    (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 9:15 
p.m. to 11:45 p.m. on June 30, 2018.

    Dated: June 6, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2018-12659 Filed 6-12-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Rules and Regulations 27511

Register, the Commission provides all American Public Power Coast Guard; telephone 361–939–5125,
interested persons an opportunity to APPA/TAPS Association and Transmission email Kevin.L.Kyles@uscg.mil.
view and/or print the contents of this Access Policy Study Group SUPPLEMENTARY INFORMATION: The Coast
document via the internet through ITC ............... International Transmission
Guard will enforce the safety zone in 33
FERC’s Home Page (http:// Company d/b/a ITC Trans- CFR 165.801, Table 4, Line 7, for the
www.ferc.gov) and in FERC’s Public mission, Michigan Electric Wendell Family Fourth of July
Reference Room during normal business Transmission Company, Fireworks Display regulated area from 8
hours (8:30 a.m. to 5:00 p.m. Eastern LLC, ITC Midwest LLC and p.m. through 9:30 p.m. on July 4, 2018.
time) at 888 First Street NE, Room 2A, ITC Great Plains, LLC. This action is being taken to provide for
LPPC ............ Large Public Power Council. the safety of life on navigable waterways
Washington, DC 20426.
NPPD ........... Nebraska Public Power Dis- during this event. Our regulation for
40. From FERC’s Home Page on the trict. marine events within the Eighth Coast
internet, this information is available on NERC ........... North American Electric Reli-
ability Corporation.
Guard District, § 165.801, specifies the
eLibrary. The full text of this document location of the regulated area for the
is available on eLibrary in PDF and NRECA/ National Rural Electric Coop-
ELCON. erative Association and the Wendell Family Fourth of July
Microsoft Word format for viewing, Electricity Consumers Re- Fireworks which encompasses portions
printing, and/or downloading. To access source Council. of Little Bay and Rockport Beach Park.
this document in eLibrary, type the Oncor ........... Oncor Electric Delivery. As reflected in §§ 165.23 and 165.801(a),
docket number excluding the last three PG&E ........... Pacific Gas and Electric Com- if you are the operator of a vessel in the
digits of this document in the docket pany. regulated area you must comply with
number field. SCE&G ......... South Carolina Electric and directions from the Captain of the Port
Gas Company.
41. User assistance is available for Tri-State ....... Tri-State Generation and
Sector Corpus Christi (COTP) or a
eLibrary and the FERC’s website during Transmission Association, designated representative. Persons or
normal business hours from FERC Inc. vessels desiring to enter the zones must
Online Support at 202–502–6652 (toll request permission from the COTP or a
free at 1–866–208–3676) or email at [FR Doc. 2018–12663 Filed 6–12–18; 8:45 am]
designated representative. They can be
ferconlinesupport@ferc.gov, or the reached on VHF FM channel 16 or by
BILLING CODE 6717–01–P
telephone at (361) 939–0450. If
Public Reference Room at 202–502–
permission is granted, all persons and
8371, TTY 202–502–8659. Email the
vessels shall comply with the
Public Reference Room at DEPARTMENT OF HOMELAND instructions of the COTP or designated
public.referenceroom@ferc.gov. SECURITY representative. In addition to this notice
VII. Effective Date and Congressional of enforcement in the Federal Register,
Coast Guard
Notification the COTP or a designated representative
will inform the public through
42. The Final Rule is effective August 33 CFR Part 165
Broadcast Notice to Mariners (BNM),
13, 2018. The Commission has [Docket No. USCG–2018–0445] Local Notices to Mariners (LNM),
determined, with the concurrence of the Marine Safety Information Broadcasts
Administrator of the Office of Safety Zone; Wendell Family Fourth of (MSIBs), and/or through other means of
Information and Regulatory Affairs of July Fireworks Display, Rockport, TX public notice as appropriate at least 24
OMB, that this rule is not a ‘‘major rule’’ hours in advance of each enforcement.
AGENCY: Coast Guard, DHS.
as defined in section 351 of the Small Dated: June 6, 2018.
ACTION: Notice of enforcement of
Business Regulatory Enforcement E.J. Gaynor,
regulation.
Fairness Act of 1996. This Final Rule is Captain, U.S. Coast Guard, Captain of the
being submitted to the Senate, House, SUMMARY: The Coast Guard will enforce Port Sector Corpus Christi.
and Government Accountability Office. the safety zone for the Wendell Family [FR Doc. 2018–12645 Filed 6–12–18; 8:45 am]
By the Commission. Fourth of July Fireworks Display on July BILLING CODE 9110–04–P
4, 2018, to provide for the safety of life
Issued: June 7, 2018.
on navigable waterways during this
Nathaniel J. Davis, Sr., event. Our regulation for marine events DEPARTMENT OF HOMELAND
Deputy Secretary. within the Eighth Coast Guard District SECURITY
Note: The following appendix will not
identifies the regulated area for this
event in Rockport, TX. During the Coast Guard
appear in the Code of Federal Regulations.
enforcement periods, entry into these
zones is prohibited unless authorized by 33 CFR Part 165
Appendix
the Captain of the Port Sector Corpus [Docket Number USCG–2018–0535]
List of Commenters Christi (COTP) or a designated
RIN 1625–AA00
representative.
American Public Power DATES: The regulations in 33 CFR Safety Zone; Lewis River, Ridgefield,
APPA/TAPS Association and Transmission 165.801, Table 4, Line 7 will be WA
Access Policy Study Group
enforced from 8 p.m. through 9:30 p.m.
amozie on DSK3GDR082PROD with RULES

AGENCY: Coast Guard, DHS.
EEI ............... Edison Electric Institute. on July 4, 2018.
ACTION: Temporary final rule.
El Paso Elec- El Paso Electric Company. FOR FURTHER INFORMATION CONTACT: If
tric. you have questions about this notice of SUMMARY: The Coast Guard is
Entergy ......... Entergy Services, Inc. enforcement, call or email Petty Officer establishing a temporary safety zone for
Hydro One .... Hydro One Networks Inc. Kevin Kyles, Sector Corpus Christi navigable waters of the Lewis River near
Idaho Power Idaho Power Company. Waterways Management Division, U.S. Ridgefield, WA. This action is necessary

VerDate Sep<11>2014 15:53 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1

Document Created: 2018-06-12 23:59:19
Document Modified: 2018-06-12 23:59:19

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 9:15 p.m. to 11:45 p.m. on June 30, 2018.
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		83 FR 27511
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 27511 - Safety Zone; Lewis River, Ridgefield, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 114 (June 13, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard