[Federal Register: May 9, 2005 (Volume 70, Number 88)]
[Proposed Rules]
[Page 24342-24344]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my05-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-007]
RIN 1625-AA87
Security Zone: Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the Portland Rose Festival
on
[[Page 24343]]
Willamette River security zone. This regulation is enforced annually
during the Portland, Oregon Rose Festival on the waters of the
Willamette River between the Hawthorne and Steel Bridges. The proposed
change would clarify the annual enforcement period for this regulation.
This change is intended to better inform the boating public and to
improve the level of safety at this event. Entry into the area
established is prohibited unless authorized by the Captain of the Port.
DATES: Comments and related material must reach the Coast Guard on or
before May 31, 2005.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office, c/o Captain of the Port, 6767 North Basin
Avenue Portland, OR 97217. Marine Safety Office Portland, Oregon,
maintains the public docket [CGD13-05-007] for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Marine Safety Office Portland, Oregon, between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Tad Drozdowski, c/o Captain of the
Port Portland, OR 6767 North Basin Avenue Portland, OR 97217 at (503)
240-9301.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD13-05-
007), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Portland,
Oregon, at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
Each year in June, the annual Portland, Oregon, Rose Festival is
held on the waters of the Willamette River near Portland, Oregon. On
May 29, 2003, the Coast Guard published a final rule (68 FR 31979)
establishing a security zone, in 33 CFR 165.1312, for the security of
naval vessels on a portion of the Willamette River during the fleet
week of the Rose Festival. The security zone in 33 CFR 165.1312 is
enforced each year during the event to provide for public safety by
controlling the movement of vessel traffic in the regulated area. The
current regulation does not accurately describe the enforcement period.
Discussion of Proposed Rule
In this proposed rule, the Coast Guard would amend 33 CFR 165.1312,
``Security Zone; Portland Rose Festival on Willamette River'', to
require compliance with the regulation each year in June from the first
Wednesday in June falling on the 4th or later through the following
Monday in June. The location of the security zone would remain
unchanged.
This proposed rule, for safety and security concerns, would control
vessel movements in a security zone surrounding vessels participating
in the annual Portland, Oregon, Rose Festival. U.S. Naval Vessels are
covered under 33 CFR part 165 subpart G--Protection of Naval Vessels,
however, the Portland, Oregon, 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, Oregon, or his designated representatives.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 the regulatory policies
and procedures of DHS is unnecessary. This expectation is based on the
fact that the regulated area of the Willamette River is a small area,
enforced for a short period of time, and it is established for the
benefit and safety of the recreational boating public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
Vessels desiring to transit this area of the Willamette River may
do so by scheduling their trips in the early morning or evening when
the restrictions on general navigation imposed by this section would
not be in effect. For these reasons, the Coast Guard certifies under 5
U.S.C. 605(b) that this change would not have a significant economic
impact on a substantial number of small entities.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. Comments submitted in response to
this finding will be evaluated under the criteria in the ``Regulatory
Information'' section of this preamble.
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 this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed 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. 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.
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
[[Page 24344]]
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 proposed 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 the rule 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
proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.ID, 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. Under figure 2-1, paragraph (34)(g), of the Instruction,
an ``Environmental Analysis Check List'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. In Sec. 165.1312 revise paragraph (d) to read as follows:
Sec. 165.1312 Security Zone; Portland Rose Festival on Willamette
River.
* * * * *
(d) Enforcement period. This section is enforced annually in June
from the first Wednesday in June falling on the 4th or later through
the following Monday in June. The event will be 6 days in length and
the specific dates of enforcement will be published each year in the
Federal Register. In 2005, the zone will be enforced on Wednesday, June
8, through Monday, June 13.
Dated: April 20, 2005.
Daniel T. Pippenger,
Commander, U.S. Coast Guard, Acting Captain of the Port, Portland, OR.
[FR Doc. 05-9154 Filed 5-6-05; 8:45 am]
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