[Federal Register: May 29, 2003 (Volume 68, Number 103)]
[Rules and Regulations]
[Page 31978-31979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my03-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-02-020]
RIN 1625-AA00 (Formerly RIN 2115-AA97)
Security Zone: Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a security zone surrounding
the City of Portland's Waterfront Park to include all waters of the
Willamette River, from surface to bottom, encompassed by the Hawthorne
and Steel Bridges during the annual Rose Festival. Terrorist acts
against the United States necessitate this action to properly safeguard
all vessels participating in the Portland Rose Festival from terrorism,
sabotage, or other subversive acts. We anticipate the security zone
will have limited effects on commercial traffic and significant effects
on recreational boaters; ensuring timely escorts through this security
zone is a high priority of the Captain of the Port.
DATES: This rule is effective June 4, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD13-02-020) and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office/Group Portland between
7 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Tad Drozdowski, c/o Captain of
the Port, Portland Oregon at (503) 240-2584.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 22, 2003, a notice of proposed rulemaking (NPRM) was
published entitled Security Zone: Portland Rose Festival on Willamette
River in the Federal Register (68 FR 2946). We received one letter
commenting on the proposed rule. No public hearing was requested, and
none was held.
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. Waiting 30 days for this rule to
be effective is contrary to the public interest. The Captain of the
Port has an urgent and critical security need to control the movement
of vessels in the vicinity of the Rose Festival. This need is based on
the continuing and ongoing terrorist threat against the United States.
The Coast Guard believes that this finding is consistent with the
principle of fundamental fairness, which require that all affected
persons be afforded a reasonable time to prepare for the effective date
of the rulemaking. In 2002 the Coast Guard published a temporary final
rule for the Rose Festival in 67 FR 34842 that was substantively
identical to this rule. Further, the notice of proposed rulemaking for
this rule was published four months prior to the 2003 Rose Festival.
Lastly, the security zone in this regulation has been carefully
designed to minimally impact the public while providing a reasonable
level of protection for the vessels participating in the Rose Festival.
For these reasons waiting 30 days for the rule to be enforceable would
be impracticable, unnecessary, and contrary to the public interest.
Background and Purpose
This security zone is necessary to provide for the security of
vessels participating in the 2003 Portland Rose Festival in the
navigable waters of the United States. This rule will be effective less
than 30 days after publication in the Federal Register.
Discussion of Comments and Changes
There was one comment to this rulemaking. The comment focused on
the fact that there is no terrorist threat to the Rose Festival and
that this rule will affect recreational boaters.
The Coast Guard has considered this comment and determined that the
risk of inaction is outweighed by the risk of action. There are
continuing and ongoing terrorist threats against the United States. The
Rose Festival is a large gathering of the public that often includes
several public vessels from the U.S. Navy and Coast Guard. This rule is
designed to minimally impact the public, including recreational
boaters, while providing a reasonable level of protection for the
public and public vessels. Accordingly, no changes were made to the
rule.
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 (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DHS is unnecessary.
This expectation is based on adequate resources allowing vessel
approvals from the Captain of the Port or his designated
representatives to transit through the regulated area. For the above
reasons, the Coast Guard only anticipates minor economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This proposed rule would affect the following entities, some
of which might be small entities: the owners or operators of vessels
intending to transit or anchor in this portion of the Willamette River.
The likely impacts to small entities would include minor time delays,
potential inspections, and possibly non-entrance if the Captain of the
Port or his designated representatives sense the vessels participating
in the Rose Festival are threatened. The security zone will not have a
significant economic impact because adequate resources will allow
vessels timely approval from the Captain of the Port or his designated
[[Page 31979]]
representatives to transit through the regulated area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. A notice
of proposed rulemaking was published in January to accommodate mariners
by giving them proper notice and to provide a forum for their comments,
questions, and concerns.
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 this 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 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 analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because the temporary security zone would
not last longer than one week in duration. The temporary security zone
would be established on Wednesday, June 4 with the arrival of the first
vessel to the City of Portland's Waterfront Park and extend until the
last vessel departs the Waterfront Park on Monday, June 9. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available in the docket where indicated
under ADDRESSES.
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 proposes to
amend 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; Department of Homeland Security
Delegation No. 0170.
0
2. Add Sec. 165.1312 to read as follows:
Sec. 165.1312 Security Zone; Portland Rose Festival on Willamette
River.
(a) Location. The following area is a security zone: All waters of
the Willamette River, from surface to bottom, encompassed by the
Hawthorne and Steel Bridges.
(b) Regulations. In accordance with Sec. 165.33, entry into this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, Portland or his designated representatives. Section 165.33 also
contains other general requirements.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
(d) Enforcement period. This section normally will be enforced from
the first Wednesday of June to the next Monday in June. In 2003 this
section will be enforced from June 4 to June 9. After 2003, a notice of
enforcement normally will be published in the Federal Register 30 days
prior to the beginning of the event.
Dated: May 13, 2003.
P.D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 03-13443 Filed 5-28-03; 8:45 am]
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