83 FR 27513 - Safety Zone; Columbia River, The Dalles, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		27513-27515
FR Document		2018-12658

The Coast Guard is establishing a temporary safety zone for navigable waters of the Columbia River near The Dalles, OR. 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 27513-27515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12658]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0536]
RIN 1625-AA00


Safety Zone; Columbia River, The Dalles, 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 Columbia River near The Dalles, OR. 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.

DATES: This rule is effective from 9 p.m. to 11:30 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-
2018-0536 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


[[Page 27514]]



II. Background Information and Regulatory History

    The Dalles Main Street will be conducting a fireworks display from 
10 p.m. to 10:30 p.m. on June 30, 2018, to commemorate Independence 
Day. The fireworks are to be launched from a barge in the Columbia 
River in The Dalles, OR. Hazards from firework displays include 
accidental discharge, 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 to do so would be impracticable to 
complete a notice-and-comment rulemaking prior to the effective rule by 
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 action 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 p.m. until 11:30 p.m. on 
June 30, 2018. The safety zone will cover all navigable waters of the 
Columbia River within 450 yards of a barge located at 45[deg]36'18'' N, 
121[deg]10'23'' W, in vicinity of The Dalles, OR. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 10 p.m. to 10:30 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 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Columbia River for approximately 
2 and a \1/2\ hours during the evening 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 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,

[[Page 27515]]

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 two and a half 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.T13-0536 to read as follows:


Sec.  165.T13-0536  Safety Zone; Columbia River, The Dalles, OR.

    (a) Safety zone. The following area is designated a safety zone: 
Waters of the Columbia River, within a 450-yard radius of the fireworks 
barge located at 45[deg]36'18'' N, 121[deg]10'23'' W in vicinity of The 
Dalles, 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 9 p.m. 
to 11:30 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. 2018-12658 Filed 6-12-18; 8:45 am]
 BILLING CODE 9110-04-P

27514 Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Rules and Regulations

II. Background Information and within 450 yards of a barge located at significant economic impact on a
Regulatory History 45°36′18″ N, 121°10′23″ W, in vicinity substantial number of small entities.
of The Dalles, OR. The duration of the While some owners or operators of
The Dalles Main Street will be
zone is intended to ensure the safety of vessels intending to transit the safety
conducting a fireworks display from 10
vessels and these navigable waters zone may be small entities, for the
p.m. to 10:30 p.m. on June 30, 2018, to
before, during, and after the scheduled reasons stated in section V.A above, this
commemorate Independence Day. The
10 p.m. to 10:30 p.m. fireworks display. rule will not have a significant
fireworks are to be launched from a
No vessel or person would be permitted economic impact on any vessel owner
barge in the Columbia River in The or operator.
Dalles, OR. Hazards from firework to enter the safety zone without
obtaining permission from the COTP or Under section 213(a) of the Small
displays include accidental discharge, Business Regulatory Enforcement
dangerous projectiles, and falling hot a designated representative.
Fairness Act of 1996 (Pub. L. 104–121),
embers or other debris. The Captain of V. Regulatory Analyses we want to assist small entities in
the Port Columbia River (COTP) has understanding this rule. If the rule
determined that potential hazards We developed this rule after
considering numerous statutes and would affect your small business,
associated with the fireworks to be used organization, or governmental
in this display will be a safety concern Executive orders related to rulemaking.
Below we summarize our analyses jurisdiction and you have questions
for anyone within a 450-yard radius of concerning its provisions or options for
the barge. based on a number of these statutes and
Executive orders, and we discuss First compliance, please contact the person
The Coast Guard is issuing this listed in the FOR FURTHER INFORMATION
temporary rule without prior notice and Amendment rights of protestors.
CONTACT section.
opportunity to comment pursuant to A. Regulatory Planning and Review Small businesses may send comments
authority under section 4(a) of the on the actions of Federal employees
Administrative Procedure Act (APA) (5 Executive Orders 12866 and 13563
direct agencies to assess the costs and who enforce, or otherwise determine
U.S.C. 553(b)). This provision compliance with, Federal regulations to
authorizes an agency to issue a rule benefits of available regulatory
alternatives and, if regulation is the Small Business and Agriculture
without prior notice and opportunity to Regulatory Enforcement Ombudsman
comment when the agency for good necessary, to select regulatory
approaches that maximize net benefits. and the Regional Small Business
cause finds that those procedures are Regulatory Fairness Boards. The
‘‘impracticable, unnecessary, or contrary Executive Order 13771 directs agencies
to control regulatory costs through a Ombudsman evaluates these actions
to the public interest.’’ Under 5 U.S.C. annually and rates each agency’s
553(b)(B), the Coast Guard finds that budgeting process. This rule has not
been designated a ‘‘significant responsiveness to small business. If you
good cause exists for not publishing a wish to comment on actions by
notice of proposed rulemaking (NPRM) regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1–
with respect to this rule because to do 888–REG–FAIR (1–888–734–3247). The
so would be impracticable to complete not been reviewed by the Office of
Management and Budget (OMB), and Coast Guard will not retaliate against
a notice-and-comment rulemaking prior small entities that question or complain
to the effective rule by June 30, 2018. pursuant to OMB guidance it is exempt
from the requirements of Executive about this rule or any policy or action
Under 5 U.S.C. 553(d)(3), the Coast of the Coast Guard.
Guard finds that good cause exists for Order 13771.
making this rule effective less than 30 This regulatory action determination C. Collection of Information
days after publication in the Federal is based on the size, location, duration, This rule will not call for a new
Register. Delaying the effective date of and time-of-day of the safety zone. collection of information under the
this rule would be impracticable Vessel traffic will be able to safely Paperwork Reduction Act of 1995 (44
because action is needed on June 30, transit around this safety zone which U.S.C. 3501–3520).
2018, to respond to the potential safety will impact a small designated area of
hazards associated with the fireworks the Columbia River for approximately 2 D. Federalism and Indian Tribal
display. and a 1⁄2 hours during the evening when Governments
vessel traffic is normally low. Moreover, A rule has implications for federalism
III. Legal Authority and Need for Rule the Coast Guard will issue a Broadcast under Executive Order 13132,
The Coast Guard is issuing this rule Notice to Mariners via VHF–FM marine Federalism, if it has a substantial direct
under authority in 33 U.S.C. 1231. The channel 16 about the zone, and the rule effect on the States, on the relationship
Captain of the Port Columbia River allows vessels to seek permission to between the national government and
(COTP) has determined that potential enter the zone. the States, or on the distribution of
hazards associated with the fireworks B. Impact on Small Entities power and responsibilities among the
display on June 30, 2018, will be a various levels of government. We have
safety concern for anyone within a 450- The Regulatory Flexibility Act of analyzed this rule under that Order and
yard radius of the launch site. This rule 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
is needed to protect personnel, vessels, requires Federal agencies to consider with the fundamental federalism
and the marine environment in the the potential impact of regulations on principles and preemption requirements
navigable waters within the safety zone small entities during rulemaking. The described in Executive Order 13132.
before, during, and after the scheduled term ‘‘small entities’’ comprises small Also, this rule does not have tribal
event. businesses, not-for-profit organizations implications under Executive Order
amozie on DSK3GDR082PROD with RULES

that are independently owned and 13175, Consultation and Coordination
IV. Discussion of the Rule operated and are not dominant in their with Indian Tribal Governments,
This rule establishes a safety zone fields, and governmental jurisdictions because it does not have a substantial
from 9 p.m. until 11:30 p.m. on June 30, with populations of less than 50,000. direct effect on one or more Indian
2018. The safety zone will cover all The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
navigable waters of the Columbia River 605(b) that this rule will not have a Federal Government and Indian tribes,

VerDate Sep<11>2014 15:53 Jun 12, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\13JNR1.SGM 13JNR1

Document Created: 2018-06-12 23:58:51
Document Modified: 2018-06-12 23:58:51

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 p.m. to 11:30 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 27513
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 27513 - Safety Zone; Columbia River, The Dalles, OR

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard