83_FR_50454 83 FR 50260 - Safety Zone; Willamette River, Portland, OR

83 FR 50260 - Safety Zone; Willamette River, Portland, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50260-50262
FR Document2018-21759

The Coast Guard is establishing a temporary safety zone for navigable waters of the Willamette River between the Tilikum Crossing and Marquam bridges in Portland, OR. This safety zone is necessary to provide for the safety of life on these navigable waters during a fireworks display on October 27, 2018. 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 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50260-50262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21759]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0901]
RIN 1625-AA00


Safety Zone; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Willamette River between the Tilikum Crossing 
and Marquam bridges in Portland, OR. This safety zone is necessary to 
provide for the safety of life on these navigable waters during a 
fireworks display on October 27, 2018. 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 6:40 p.m. to 9 p.m. on October 27, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0901 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 Dixon Whitley, 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 Leukemia and Lymphoma Society will be conducting a fireworks 
display from 7:40 p.m. to 8 p.m. on October 27, 2018. The fireworks are 
to be launched from a barge in the Willamette River between the Tilikum 
Crossing and Marquam bridges in Portland, OR. 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, 
October 27, 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 October 27, 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 October 27, 
2018, will be a safety concern for anyone within a 450-yard radius of 
launch site. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters from these potential hazards 
within the safety zone before, during and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:40 p.m. until 9 p.m. on 
October 27, 2018. The safety zone will cover all navigable waters 
within 450 yards of the barge being used to launch the fireworks 
display from position 45[deg]30'23.00'' N, 122[deg]40'4.71'' W, on the 
Willamette River in Portland, OR. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters before, 
during, and after the scheduled 7:40 p.m. to 8 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

[[Page 50261]]

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 Willamette River for less than 
2.5 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, 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 2.5 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, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T13-0901 to read as follows:


Sec.  165.T13-0901  Safety Zone; Willamette River, Portland, OR.

    (a) Safety zone. The following area is a safety zone: Waters of the 
Willamette River between the Tilikum and Marquam bridges, within a 450-
yard radius of the fireworks barge located at 45[deg]30'23.00'' N, 
122[deg]40'4.71'' W in Portland, OR.
    (b) Regulations. Under Sec.  165.23, no person may enter or remain 
in the safety zone described in paragraph (a) of this section unless 
authorized by the Captain of the Port Columbia River or his designated 
representative. Also, under 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

[[Page 50262]]

Columbia River or his designated representative.
    (c) Enforcement period. This section will be enforced from 6:40 
p.m. to 9 p.m. on October 27, 2018.

    Dated: September 19, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port Columbia River.
[FR Doc. 2018-21759 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P



                                             50260              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             MD, has requested a temporary                           the safety of life on these navigable                 notice of proposed rulemaking (NPRM)
                                             deviation from the current operating                    waters during a fireworks display on                  with respect to this rule because it
                                             regulation. This temporary deviation is                 October 27, 2018. This regulation                     would be impracticable to complete a
                                             necessary to accommodate cleaning and                   prohibits persons and vessels from                    notice-and-comment rulemaking by the
                                             painting of the bridge. The bridge is a                 being in the safety zone unless                       date of the fireworks display, October
                                             double bascule bridge and has a vertical                authorized by the Captain of the Port                 27, 2018.
                                             clearance in the closed position of 1 foot              Sector Columbia River or a designated                   Under 5 U.S.C. 553(d)(3), the Coast
                                             above mean high water.                                  representative.                                       Guard finds that good cause exists for
                                                The current operating schedule is set                DATES: This rule is effective from 6:40               making this rule effective less than 30
                                             out in 33 CFR 117.579. Under this                       p.m. to 9 p.m. on October 27, 2018.                   days after publication in the Federal
                                             temporary deviation, the bridge will be                                                                       Register. Delaying the effective date of
                                                                                                     ADDRESSES: To view documents
                                             maintained in the closed-to-navigation                                                                        this rule would be impracticable
                                                                                                     mentioned in this preamble as being                   because an enforcement regulation is
                                             position from 6 a.m. on October 5, 2018,
                                                                                                     available in the docket, go to http://                needed on October 27, 2018, to respond
                                             through 6 a.m. on December 31, 2018.
                                                                                                     www.regulations.gov, type USCG–2018–                  to the potential safety hazards
                                             The Wicomico River is used by tug and
                                                                                                     0901 in the ‘‘SEARCH’’ box and click                  associated with the fireworks display.
                                             barge, and small commercial vessels.
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket
                                             The Coast Guard has carefully
                                                                                                     Folder on the line associated with this               III. Legal Authority and Need for Rule
                                             coordinated the restrictions with
                                                                                                     rule.                                                    The Coast Guard is issuing this rule
                                             waterway users in publishing this
                                             temporary deviation.                                    FOR FURTHER INFORMATION CONTACT: If                   under authority in 33 U.S.C. 1231. The
                                                The bridge will be able to open for                  you have questions on this rule, call or              Captain of the Port Columbia River
                                             emergencies and there is no immediate                   email LCDR Dixon Whitley, Waterways                   (COTP) has determined that potential
                                             alternate route for vessels unable to pass              Management Division, Marine Safety                    hazards associated with the fireworks
                                             through the bridge in the closed                        Unit Portland, Coast Guard; telephone                 display on October 27, 2018, will be a
                                             position. The Coast Guard will also                     503–240–9319, email msupdxwwm@                        safety concern for anyone within a 450-
                                             inform the users of the waterway                        uscg.mil.                                             yard radius of launch site. This rule is
                                             through our Local and Broadcast Notice                  SUPPLEMENTARY INFORMATION:                            needed to protect personnel, vessels,
                                             to Mariners of the change in operating                                                                        and the marine environment in the
                                             schedule for the bridge so that vessels                 I. Table of Abbreviations                             navigable waters from these potential
                                             can arrange their transits to minimize                  CFR Code of Federal Regulations                       hazards within the safety zone before,
                                             any impacts caused by the temporary                     DHS Department of Homeland Security                   during and after the scheduled event.
                                             deviation.                                              FR Federal Register
                                                                                                     NPRM Notice of proposed rulemaking                    IV. Discussion of the Rule
                                                In accordance with 33 CFR 117.35(e),
                                             the drawbridge must return to its regular               § Section                                                This rule establishes a safety zone
                                                                                                     U.S.C. United States Code                             from 6:40 p.m. until 9 p.m. on October
                                             operating schedule immediately at the
                                             end of the effective period of this                     II. Background Information and                        27, 2018. The safety zone will cover all
                                             temporary deviation. This deviation                     Regulatory History                                    navigable waters within 450 yards of the
                                             from the operating regulations is                                                                             barge being used to launch the fireworks
                                                                                                        The Leukemia and Lymphoma                          display from position 45°30′23.00″ N,
                                             authorized under 33 CFR 117.35.                         Society will be conducting a fireworks                122°40′4.71″ W, on the Willamette River
                                               Dated: October 2, 2018.                               display from 7:40 p.m. to 8 p.m. on                   in Portland, OR. The duration of the
                                             Hal R. Pitts,                                           October 27, 2018. The fireworks are to                zone is intended to ensure the safety of
                                             Bridge Program Manager, Fifth Coast Guard               be launched from a barge in the                       vessels and these navigable waters
                                             District.                                               Willamette River between the Tilikum                  before, during, and after the scheduled
                                             [FR Doc. 2018–21771 Filed 10–4–18; 8:45 am]             Crossing and Marquam bridges in                       7:40 p.m. to 8 p.m. fireworks display.
                                             BILLING CODE 9110–04–P                                  Portland, OR. Hazards from firework                   No vessel or person will be permitted to
                                                                                                     displays include accidental discharge of              enter the safety zone without obtaining
                                                                                                     fireworks, dangerous projectiles, and                 permission from the COTP or a
                                             DEPARTMENT OF HOMELAND                                  falling hot embers or other debris. The               designated representative.
                                             SECURITY                                                Captain of the Port Columbia River
                                                                                                     (COTP) has determined that potential                  V. Regulatory Analyses
                                             Coast Guard                                             hazards associated with the fireworks to                We developed this rule after
                                                                                                     be used in this display will be a safety              considering numerous statutes and
                                             33 CFR Part 165                                         concern for anyone within a 450-yard                  Executive orders related to rulemaking.
                                             [Docket Number USCG–2018–0901]                          radius of the barge.                                  Below we summarize our analyses
                                                                                                        The Coast Guard is issuing this                    based on a number of these statutes and
                                             RIN 1625–AA00                                           temporary rule without prior notice and               Executive orders, and we discuss First
                                                                                                     opportunity to comment pursuant to                    Amendment rights of protestors.
                                             Safety Zone; Willamette River,                          authority under section 4(a) of the
                                             Portland, OR                                            Administrative Procedure Act (APA) (5                 A. Regulatory Planning and Review
                                             AGENCY:    Coast Guard, DHS.                            U.S.C. 553(b)). This provision                           Executive Orders 12866 and 13563
                                             ACTION:   Temporary final rule.                         authorizes an agency to issue a rule                  direct agencies to assess the costs and
                                                                                                     without prior notice and opportunity to               benefits of available regulatory
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                                             SUMMARY:   The Coast Guard is                           comment when the agency for good                      alternatives and, if regulation is
                                             establishing a temporary safety zone for                cause finds that those procedures are                 necessary, to select regulatory
                                             navigable waters of the Willamette River                ‘‘impracticable, unnecessary, or contrary             approaches that maximize net benefits.
                                             between the Tilikum Crossing and                        to the public interest.’’ Under 5 U.S.C.              Executive Order 13771 directs agencies
                                             Marquam bridges in Portland, OR. This                   553(b)(B), the Coast Guard finds that                 to control regulatory costs through a
                                             safety zone is necessary to provide for                 good cause exists for not publishing a                budgeting process. This rule has not


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                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                         50261

                                             been designated a ‘‘significant                         wish to comment on actions by                         determined that this action is one of a
                                             regulatory action,’’ under Executive                    employees of the Coast Guard, call 1–                 category of actions that do not
                                             Order 12866. Accordingly, this rule has                 888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                             not been reviewed by the Office of                      Coast Guard will not retaliate against                significant effect on the human
                                             Management and Budget (OMB), and                        small entities that question or complain              environment. This rule involves a safety
                                             pursuant to OMB guidance it is exempt                   about this rule or any policy or action               zone lasting approximately 2.5 hours
                                             from the requirements of Executive                      of the Coast Guard.                                   that will prohibit entry within 450 yards
                                             Order 13771.                                                                                                  of a fireworks barge. It is categorically
                                                This regulatory action determination                 C. Collection of Information
                                                                                                                                                           excluded from further review under
                                             is based on the size, location, duration,                 This rule will not call for a new                   paragraph L60(a) of Appendix A, Table
                                             and time-of-day of the safety zone.                     collection of information under the                   1 of DHS Instruction Manual 023–01–
                                             Vessel traffic will be able to safely                   Paperwork Reduction Act of 1995 (44                   001–01, Rev. 01. A Record of
                                             transit around this safety zone which                   U.S.C. 3501–3520).                                    Environmental Consideration
                                             will impact a small designated area of                                                                        supporting this determination is
                                                                                                     D. Federalism and Indian Tribal
                                             the Willamette River for less than 2.5                                                                        available in the docket where indicated
                                                                                                     Governments
                                             hours during the evening when vessel                                                                          under ADDRESSES.
                                             traffic is normally low. Moreover, the                     A rule has implications for federalism
                                             Coast Guard will issue a Broadcast                      under Executive Order 13132,                          G. Protest Activities
                                             Notice to Mariners via VHF–FM marine                    Federalism, if it has a substantial direct              The Coast Guard respects the First
                                             channel 16 about the zone, and the rule                 effect on the States, on the relationship             Amendment rights of protesters.
                                             allows vessels to seek permission to                    between the national government and                   Protesters are asked to contact the
                                             enter the zone.                                         the States, or on the distribution of                 person listed in the FOR FURTHER
                                                                                                     power and responsibilities among the                  INFORMATION CONTACT section to
                                             B. Impact on Small Entities                             various levels of government. We have                 coordinate protest activities so that your
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               message can be received without
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 jeopardizing the safety or security of
                                             requires Federal agencies to consider                   with the fundamental federalism                       people, places or vessels.
                                             the potential impact of regulations on                  principles and preemption requirements
                                             small entities during rulemaking. The                   described in Executive Order 13132.                   List of Subjects in 33 CFR Part 165
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                 Harbors, Marine safety, Navigation
                                             businesses, not-for-profit organizations                implications under Executive Order                    (water), Reporting and recordkeeping
                                             that are independently owned and                        13175, Consultation and Coordination                  requirements, Security measures,
                                             operated and are not dominant in their                  with Indian Tribal Governments,                       Waterways.
                                             fields, and governmental jurisdictions                  because it does not have a substantial
                                             with populations of less than 50,000.                   direct effect on one or more Indian                     For the reasons discussed in the
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                 CFR part 165 as follows:
                                             significant economic impact on a                        or on the distribution of power and
                                             substantial number of small entities.                                                                         PART 165—REGULATED NAVIGATION
                                                                                                     responsibilities between the Federal
                                                While some owners or operators of                                                                          AREAS AND LIMITED ACCESS AREAS
                                                                                                     Government and Indian tribes. If you
                                             vessels intending to transit the safety                 believe this rule has implications for                ■ 1. The authority citation for part 165
                                             zone may be small entities, for the                     federalism or Indian tribes, please                   continues to read as follows:
                                             reasons stated in section V.A above, this               contact the person listed in the FOR
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             economic impact on any vessel owner                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     above.                                                Department of Homeland Security Delegation
                                             or operator.
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       No. 0170.1.
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    ■ 2. Add § 165.T13–0901 to read as
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 follows:
                                             we want to assist small entities in                     Federal agencies to assess the effects of
                                             understanding this rule. If the rule                                                                          § 165.T13–0901 Safety Zone; Willamette
                                                                                                     their discretionary regulatory actions. In
                                                                                                                                                           River, Portland, OR.
                                             would affect your small business,                       particular, the Act addresses actions
                                             organization, or governmental                           that may result in the expenditure by a                  (a) Safety zone. The following area is
                                             jurisdiction and you have questions                     State, local, or tribal government, in the            a safety zone: Waters of the Willamette
                                             concerning its provisions or options for                aggregate, or by the private sector of                River between the Tilikum and
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              Marquam bridges, within a 450-yard
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                radius of the fireworks barge located at
                                             CONTACT section.                                        will not result in such an expenditure,               45°30′23.00″ N, 122°40′4.71″ W in
                                                Small businesses may send comments                   we do discuss the effects of this rule                Portland, OR.
                                             on the actions of Federal employees                     elsewhere in this preamble.                              (b) Regulations. Under § 165.23, no
                                             who enforce, or otherwise determine                                                                           person may enter or remain in the safety
                                             compliance with, Federal regulations to                 F. Environment                                        zone described in paragraph (a) of this
                                             the Small Business and Agriculture                        We have analyzed this rule under                    section unless authorized by the Captain
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                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       of the Port Columbia River or his
                                             and the Regional Small Business                         Directive 023–01 and Commandant                       designated representative. Also, under
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                § 165.23, no person may bring into, or
                                             Ombudsman evaluates these actions                       Coast Guard in complying with the                     allow to remain in this safety zone any
                                             annually and rates each agency’s                        National Environmental Policy Act of                  vehicle, vessel, or object unless
                                             responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                 authorized by the Captain of the Port


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                                             50262              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             Columbia River or his designated                        I. Table of Abbreviations                             safety zone will cover all navigable
                                             representative.                                         CFR Code of Federal Regulations
                                                                                                                                                           waters within a 420-foot radius of:
                                               (c) Enforcement period. This section                  DHS Department of Homeland Security                   41°30′33.4″ N, 081°41′58.0″ W at 101
                                             will be enforced from 6:40 p.m. to 9                    FR Federal Register                                   Erieside Avenue, Cleveland, OH.
                                             p.m. on October 27, 2018.                               NPRM Notice of proposed rulemaking                      Entry into, transiting, or anchoring
                                                Dated: September 19, 2018.                           § Section                                             within the safety zone is prohibited
                                                                                                     U.S.C. United States Code                             unless authorized by the Captain of the
                                             D.F. Berliner,
                                                                                                                                                           Port Buffalo or his designated on-scene
                                             Captain, U.S. Coast Guard, Acting Captain               II. Background Information and
                                                                                                                                                           representative. The Captain of the Port
                                             of the Port Columbia River.                             Regulatory History
                                                                                                                                                           or his designated on-scene
                                             [FR Doc. 2018–21759 Filed 10–4–18; 8:45 am]                The Coast Guard is issuing this                    representative may be contacted via
                                             BILLING CODE 9110–04–P                                  temporary rule without prior notice and               VHF Channel 16.
                                                                                                     opportunity to comment pursuant to
                                                                                                     authority under section 4(a) of the                   V. Regulatory Analyses
                                             DEPARTMENT OF HOMELAND                                  Administrative Procedure Act (APA) (5                   We developed this rule after
                                             SECURITY                                                U.S.C. 553(b)). This provision                        considering numerous statutes and
                                                                                                     authorizes an agency to issue a rule                  Executive orders related to rulemaking.
                                             Coast Guard                                             without prior notice and opportunity to               Below we summarize our analyses
                                                                                                     comment when the agency for good                      based on a number of these statutes and
                                             33 CFR Part 165                                         cause find that those procedures are                  Executive orders, and we discuss First
                                             [Docket Number USCG–2018–0893]                          ‘‘impracticable, unnecessary, or contrary             Amendment rights of protestors.
                                                                                                     to public interest.’’ Under 5 U.S.C.
                                             RIN 1625–AA00                                                                                                 A. Regulatory Planning and Review
                                                                                                     553(b)(B), the Coast Guard finds that
                                             Safety Zone; APA Convention                             good cause exists for not publishing a                   Executive Orders 12866 and 13563
                                             Fireworks; Lake Erie, Cleveland, OH                     notice of proposed rulemaking (NPRM)                  direct agencies to assess the costs and
                                                                                                     with respect to this rule because the                 benefits of available regulatory
                                             AGENCY:    Coast Guard, DHS.                            event sponsor did not submit notice to                alternatives and, if regulation is
                                             ACTION:   Temporary final rule.                         the Coast Guard with sufficient time                  necessary, to select regulatory
                                                                                                     remaining before the event to publish an              approaches that maximize net benefits.
                                             SUMMARY:   The Coast Guard is                           NPRM. Thus, delaying the effective date               Executive Order 13771 directs agencies
                                             establishing a temporary safety zone for                of this rule to wait for a comment period             to control regulatory costs through a
                                             navigable waters within a 420-foot                      to run would be contrary to the public                budgeting process. This rule has not
                                             radius of the launch site at 101 Erieside               interest by inhibiting the Coast Guard’s              been designated a ‘‘significant
                                             Avenue, Cleveland, OH. This safety                      ability to protect spectators and vessels             regulatory action,’’ under Executive
                                             zone is intended to restrict vessels from               from the hazards associated with a                    Order 12866. Accordingly, this rule has
                                             a portion of Lake Erie during the APA                   maritime fireworks display.                           not been reviewed by the Office of
                                             70th Anniversary Convention fireworks                      Under 5 U.S.C. 553(d)(3), the Coast                Management and Budget (OMB), and
                                             displays. This temporary safety zone is                 Guard finds that good cause exists for                pursuant to OMB guidance it is exempt
                                             necessary to protect mariners and                       making this temporary rule effective less             from the requirements of Executive
                                             vessels from the navigational hazards                   than 30 days after publication in the                 Order 13771.
                                             associated with a fireworks display.                    Federal Register because doing so                        This regulatory action determination
                                             Entry of vessels or persons into this                   would be impracticable and contrary to                is based on our anticipation that it will
                                             zone is prohibited unless specifically                  the public interest. Delaying the                     have minimal impact on the economy,
                                             authorized by the Captain of the Port                   effective date would be contrary to the               will not interfere with other agencies,
                                             Sector Buffalo.                                         rule’s objectives of ensuring safety of               will not adversely alter the budget of
                                             DATES: This rule is effective without                   life on the navigable waters and                      any grant or loan recipients, and will
                                             actual notice from 9 a.m. on October 5,                 protection of persons and vessels near                not raise any novel legal or policy
                                             2018 until 10:45 p.m. on October 5,                     the maritime fireworks display.                       issues. The safety zone created by this
                                             2018. For the purposes of enforcement,                                                                        rule will be relatively small and
                                                                                                     III. Legal Authority and Need for Rule                enforced for a relatively short time.
                                             actual notice will be used from 9:15
                                             p.m. October 3, 2018, until 9 a.m. on                      The Coast Guard is issuing this rule               Also, the safety zone is designed to
                                             October 5, 2018.                                        under authority in 33 U.S.C. 1231. The                minimize its impact on navigable
                                             ADDRESSES: To view documents
                                                                                                     Captain of the Port Buffalo, NY (COTP)                waters. Furthermore, the safety zone has
                                             mentioned in this preamble as being                     has determined that a fireworks display               been designed to allow vessels to transit
                                             available in the docket, go to http://                  presents significant risks to the public              around it. Thus, restrictions on vessel
                                             www.regulations.gov, type USCG–2018–                    safety and property. Such hazards                     movement within that particular area
                                             0893 in the ‘‘SEARCH’’ box and click                    include premature and accidental                      are expected to be minimal. Under
                                             ‘‘SEARCH.’’ Click on Open Docket                        detonations, dangerous projectiles, and               certain conditions, moreover, vessels
                                             Folder on the line associated with this                 falling or burning debris. This rule is               may still transit through the safety zone
                                             rule.                                                   needed to protect personnel, vessels,                 when permitted by the Captain of the
                                                                                                     and the marine environment in the                     Port.
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     navigable waters within the safety zone
                                             you have questions on this rule, call or                                                                      B. Impact on Small Entities
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     while the fireworks display takes place.
                                             email LT Ryan Junod, Chief of                                                                                   The Regulatory Flexibility Act of
                                             Waterways Management, U.S. Coast                        IV. Discussion of the Rule                            1980, 5 U.S.C. 601–612, as amended,
                                             Guard Marine Safety Unit Cleveland;                        This rule establishes a safety zone                requires Federal agencies to consider
                                             telephone 216–937–0124, email                           from 9:15 p.m. through 10:15 p.m. on                  the potential impact of regulations on
                                             ryan.s.junod@uscg.mil.                                  October 3, 2018, and 9:45 p.m. through                small entities during rulemaking. The
                                             SUPPLEMENTARY INFORMATION:                              10:45 p.m. on October 5, 2018. The                    term ‘‘small entities’’ comprises small


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Document Created: 2018-10-05 01:52:29
Document Modified: 2018-10-05 01:52:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 6:40 p.m. to 9 p.m. on October 27, 2018.
ContactIf you have questions on this rule, call or email LCDR Dixon Whitley, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation83 FR 50260 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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