[Federal Register: May 27, 2004 (Volume 69, Number 103)]
[Rules and Regulations]
[Page 30202-30203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my04-12]
[[Page 30202]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-04-022]
RIN 1625-AA00
Security Zone; Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
surrounding the City of Portland's Waterfront Park to include all
waters of the Willamette River, from surface to bottom, and shoreline
to shoreline between the Hawthorne and Steel bridges and underneath
these bridges. The Captain of the Port, Portland, Oregon, is taking
this action to safeguard the vessels participating in the Portland Rose
Festival from terrorism, sabotage, or other subversive acts while the
vessels are moored at Waterfront Park. Entry into this zone is
prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective from Sunday, June 13, 2004, until the
last vessel departs the Waterfront Park on Tuesday, June 15, 2004.
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 CGD13-04-022 and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office/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 Xochitl
Casta[ntilde]eda, c/o Captain of the Port, Portland Oregon at (503)
240-2594.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 29, 2003, the Coast Guard published a final rule (68 FR
31978) establishing a security zone. And on March 26, 2004, we
published a notice (69 FR 15681) stating that this year the Portland
Rose Festival on Willamette River security zone in 33 CFR 165.1312
would be enforced from June 9, 2004, until June 13, 2004.
It has become necessary, however, to extend the time frame from
this final rule by 3 days in order to allow for contingency planning.
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing a NPRM and incorporating these events into
33 CFR 165.13-1315 would be contrary to public interest because the
dates for this event will not always fall on the same day in future
years. In addition, immediate action is necessary to ensure the safety
and security of vessels participating in the 2004 Portland Rose
Festival in the navigable waters of the United States.
Discussion of Rule
This rule, for safety and security concerns, will control vessel
movements in a security zone surrounding vessels participating in the
2004 Portland Rose Festival. U.S. Naval Vessels are covered under 33
CFR part 165 subpart G--Protection of Naval Vessels, however, the
Portland Rose Festival is a major maritime event that draws many
different vessels including Navy, Coast Guard, Army Corps of Engineers,
and Canadian Maritime Forces. It is crucial that the same level of
security be provided to all participating vessels. Entry into this zone
is prohibited unless authorized by the Captain of the Port, Portland or
his designated representatives. Commercial vessels that typically
transit this section of the Willamette River are pre-designated and
will suffer only minor inconveniences. Recreational vessels may suffer
from extended delays and can anticipate a vessel inspection.
Recreational vessels are encouraged to avoid this area. Recreational
vessels will be allowed into the zone on a case-by-case basis following
extensive security measures, and as operations permit. Coast Guard
personnel will enforce this security zone and the Captain of the Port
may be assisted by other federal, state, or 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.
We expect the economic impact of this rule 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 adequate resources of the Captain
of the Port or his designated representatives, which will allow for a
quick response to vessels seeking approval to transit through the
security zone. 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 rule will 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 include minor time delays, potential
inspections, and possibly non-entrance if the Captain of the Port or
his designated representatives determines that the vessels
participating in the Rose Festival are threatened. The security zone
will not have a significant economic impact because adequate resources
will allow for a timely response from the Captain of the Port or his
designated representatives, to vessels seeking transit through the
security zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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.
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).
[[Page 30203]]
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 will 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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 might
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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.lD, this rule is categorically excluded from further
environmental documentation because the temporary security zone will
not last longer than one week in duration. A ``Categorical Exclusion
Determination'' is 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 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Temporarily add Sec. 165.T13-004 to read as follows:
Sec. 165.T13-004 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, between the Hawthorne and
Steel bridges and underneath these bridges.
(b) Effective period. This section is effective from Sunday, June
13, 2004, until the last vessel departs the Waterfront Park on Tuesday,
June 15, 2004.
(c) Regulations.
(1) 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.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port on VHF channel 16 (156.8 MHz) or VHF
channel 22A (157.1 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels shall comply with the
instructions of the Captain of the Port or his or her designated
representative.
Dated: May 18, 2004.
P.D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 04-12007 Filed 5-26-04; 8:45 am]
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