[Federal Register: May 6, 2003 (Volume 68, Number 87)]
[Rules and Regulations]
[Page 23894-23896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my03-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-03-014]
RIN 1625-AA00
Safety Zone; Dragon Boat Race, Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the waters
[[Page 23895]]
of the Willamette River between the Marquam and Hawthorne bridges
during the two day Dragon Boat Races. Entry into these safety zones is
prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective from 7:30 a.m. on June 7, 2003 through 5
p.m. on June 8, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD 13-03-XXX], and are available for
inspection or copying at the U.S. Coast Guard MSO/Group Portland, 6767
N. Basin Ave., Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Tad
Drozdowski, Operations Department, (503) 240-9370.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM and, under 5 U.S.C. 553(d)(3)
for making this rule effective less than 30 days after publication in
the Federal Register. Publishing a NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators viewing the dragon boat races in close vicinity
to the Rose Festival Security Zone on a heavily traveled river. If
normal notice and comment procedures were followed, this rule would not
become effective until after the dates of the events. For this reason,
following normal rulemaking procedures in this case would be
impracticable and contrary to the public interest.
Background and Purpose
The Coast Guard is adopting a temporary safety zone regulation in
order to provide for safe dragon boat races. The dragon boat races
commence at 8 a.m. (PDT) and last throughout the day until 5 p.m. (PDT)
on the first weekend in June on the Willamette River in Portland, OR.
Due to the establishment of a security zone in close vicinity and the
attention that the dragon boat races have drawn in the past, a large
number of vessels may congregate near the course. The safety zone is
needed to protect watercraft and their occupants from hazards
associated with large numbers of different types of vessels
congregating and maneuvering in a small area. This safety zone will be
enforced by representatives of the Captain of the Port, Portland,
Oregon. The Captain of the Port may be assisted by other Federal and
local agencies.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security. The Coast Guard expects the economic impact of this proposal
to be so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary. This expectation is
based on the fact that the regulated area established by the proposed
regulation will encompass less than one-half of a mile of the
Willamette River for two eight hour and thirty minute time blocks on
the weekend when commercial vessel traffic is low.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprise 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit a portion of the Willamette River during the times mentioned
under Background and Purpose. This safety zone will not have
significant economic impact on a substantial number of small entities
for the following reasons. This rule will be in effect for two eight-
hour and thirty minute time blocks during the day on the weekend.
Traffic will be allowed to pass through the zone with the permission of
the Captain of the Port or his designated representatives on scene, if
safe to do so. Because the impacts of this rule are expected to be so
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601-612) that this rule will not
have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
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 the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
will 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that order and have determined that it does not have implications for
federalism.
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 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 the preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 23896]]
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is provided for temporary safety zones of less than one week in
duration. This rule establishes a safety zone for two eight-hour and
thirty minute time blocks over two days.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
0
2. From 7:30 a.m. on June 7, 2003 through 5 p.m. on June 8, 2003 add a
temporary Sec. 165.T13-008 to read as follows:
Sec. 165.T13-008 Safety Zone for Dragon Boat Races, Willamette River,
Portland, OR.
(a) Location. All waters of the Willamette River bounded by the
Hawthorne Bridge to the north, Marquam Bridge to the south, and
shoreline to the east and west.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
(c) Enforcement period. This section will be enforced on June 7 and
June 8, 2003 from 7:30 a.m. to 5 p.m.
Dated: April 23, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-11164 Filed 5-5-03; 8:45 am]
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