Safety Zone; Fireworks Display, Columbia River, Richland, WA

CourtCoast Guard
Citation86 FR 68406
Record Number2021-26158
Publication Date02 December 2021
Federal Register, Volume 86 Issue 229 (Thursday, December 2, 2021)
[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
                [Rules and Regulations]
                [Pages 68406-68407]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-26158]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2021-0875]
                RIN 1625-AAOO
                Safety Zone; Fireworks Display, Columbia River, Richland, WA
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
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                SUMMARY: The Coast Guard is establishing a temporary safety zone for
                all navigable waters within a 600-foot radius of a fireworks display on
                the Columbia River for the City of Richland Christmas Fireworks Display
                in Richland, WA. This action is necessary to provide for the safety of
                life on these navigable waters during the fireworks display. Entry of
                vessels or persons, transiting though, mooring, or anchoring within the
                safety zone is prohibited unless authorized by the Captain of the Port
                Sector Columbia River or a designated representative.
                DATES: This rule is effective from 7:30 p.m. through 9 p.m. on
                December 3, 2021, and from 7:30 p.m. through 9 p.m. on December 4,
                2021.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to https://www.regulations.gov, type USCG-
                2021-0875 in the search box and click ``Search.'' Next, in the Document
                Type column, select ``Supporting & Related Material.''
                FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
                call or email LCDR Sean Morrison, Waterways Management Division, Marine
                Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                CFR Code of Federal Regulations
                DHS Department of Homeland Security
                FR Federal Register
                NPRM Notice of proposed rulemaking
                Sec. Section
                U.S.C. United States Code
                II. Background Information and Regulatory History
                 The Coast Guard is 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 is impracticable. The City of
                Richland did not alert the Coast Guard of the fireworks display and the
                associated safety hazards until November 9, 2021. We must establish
                this safety zone on December 3, 2021 and lack sufficient time to
                provide a reasonable comment period and then consider those comments
                before issuing the rule.
                 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 contrary to the public interest because an urgent
                action is needed to respond to the safety hazards associated with the
                planned fireworks display on December 3 and 4, 2021.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under authority in 46 U.S.C.
                70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
                Columbia River has determined that potential hazards associated with
                the fireworks display on December 3, 2021 and December 4, 2021, will be
                a safety concern for anyone within a 600-foot radius of the fireworks
                display. This rule is needed to protect personnel, vessels, and the
                marine environment in the navigable waters within the safety zone while
                the fireworks display is taking place.
                IV. Discussion of the Rule
                 This rule establishes a safety zone for the City of Richland
                Christmas Fireworks Display from 07:30 p.m. through 09 p.m. on December
                3, 2021 and from 07:30 p.m. through 09 p.m. on December 4, 2021. The
                Safety Zone will cover all navigable waters within 600-feet of the pier
                located on the Columbia River near Howard Amon Park Waterfront on 80
                Lee Boulevard, Richland, WA 99352 at approximate location
                46[deg]16'29'' N; 119[deg]16'10'' W. W. The duration of the zone is
                intended to protect personnel, vessels, and the marine environment in
                these navigable waters while the fireworks display is taking place. No
                vessel or person will be permitted to enter the safety zone without
                obtaining permission from the COTP or a designated representative. A
                designated representative is a commissioned, warrant, or petty officer
                of the U.S. Coast Guard assigned to units under the operational control
                of the U.S. Coast Guard Sector Columbia River.
                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. 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).
                 This regulatory action determination is based on size, location,
                duration, and time-of-day of the safety zone. Vessel traffic will be
                able to safetly transit around this safety zone which would impact a
                small designated area on the Columbia River for 1.5 hours during two
                consecutive evenings, when vessel traffic is normally low. Moreover 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
                [[Page 68407]]
                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
                call or email 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.
                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, Rev. 1, associated implementing instructions, and
                Environmental Planning COMDTINST 5090.1 (series), 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 only 1.5 hours that will prohibit entry within 600
                feet of a fireworks display. 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. 1. A Record of Environmental Consideration
                supporting this determination is available in the docket. For
                instructions on locating the docket, see the ADDRESSES section of this
                preamble.
                G. Protest Activities
                 The Coast Guard respects the First Amendment rights of protesters.
                Protesters are asked to call or email 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 is
                amending 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
                6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
                Revision No. 01.2.
                0
                2. Add Sec. 165.T13-0875 to read as follows:
                Sec. 165.T13-0875 Safety Zone; Fireworks Display, Columbia River,
                Richland, WA.
                 (a) Location. The following area is a safety zone: All navigable
                waters of the Columbia River, surface to bottom, 600 feet from the
                fireworks display site at approximately 46[deg]16'29'' N;
                119[deg]16'10'' W. These coordinates are based on the pier located on
                the Columbia River near Howard Amon Park Waterfront on 80 Lee
                Boulevard, Richland, WA 99352.
                 (b) Definitions. As used in this section, a designated
                representative means a designated representative is a commissioned,
                warrant, or petty officer of the U.S. Coast Guard assigned to units
                under the operational control of the U.S. Coast Guard Sector Columbia
                River.
                 (c) Regulations. (1) Under the general safety zone regulations in
                subpart C of this part, you may not enter the safety zone described in
                paragraph (a) of this section unless authorized by the Captain of the
                Port Sector Columbia River (COTP) or the COTP's designated
                representative.
                 (2) To seek permission to enter, contact the COTP or the COTP's
                representative by calling (503) 209-2468 or the Sector Columbia River
                Command Center on Channel 16 VHF-FM. Those in the safety zone must
                comply with all lawful orders or directions given to them by the COTP
                or the COTP's designated representative.
                 (d) Enforcement period. This section will be enforced from 7:30
                p.m. through 9 p.m. on December 3, 2021, and from 7:30 p.m. through 9
                p.m. on December 4, 2021.
                 Dated: November 23, 2021.
                M.S. Jackson,
                Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
                [FR Doc. 2021-26158 Filed 12-1-21; 8:45 am]
                BILLING CODE 9110-04-P
                

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