[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Rules and Regulations]
[Pages 20778-20780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9185]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0196]
RIN 1625-AA87
Security Zone; Portland Rose Festival Fleet Week, Willamette
River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a security zone encompassing
all waters of the Willamette River between the Hawthorne and Steel
Bridges in Portland, Oregon during the Portland Rose Festival Fleet
Week from June 2, 2010, through June 7, 2010. The security zone is
necessary to help ensure the security of the military and other vessels
participating in Fleet Week as well as the maritime public in general
and will do so by prohibiting any person or vessel from entering or
remaining in the security zone unless authorized by the Captain of the
Port or his designated representatives.
DATES: This rule is effective from June 2, 2010, through June 7, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0196 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0196 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management
Division, Coast
[[Page 20779]]
Guard Sector Portland; telephone 503-240-9319, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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.
There is a need to provide a security zone for the 2010 Portland
Rose Festival Fleet Week, and there is insufficient time to publish a
notice of proposed rulemaking, respond to comments, and issue an
effective rule at least 30-days before June 2, the start of this year's
Fleet Week. Therefore, it is impracticable to publish an NPRM and it
would be contrary to public interest not to issue this temporary final
rule in time for it to be published at least 30-days before the event.
Basis and Purpose
The annual Portland Rose Festival Fleet Week will be taking place
this year from June 2, 2010, through June 7, 2010. Fleet Week includes
visits by a variety of United States and foreign military and
government vessels. The vessels will be transiting the Columbia River
and mooring up for display on the banks of the Willamette River between
the Hawthorne and Steel Bridges. Due to the security concerns inherent
for such vessels, the security zone created by this rule is necessary
to help ensure the security of the vessels themselves as well as the
maritime public in general.
This year, the Coast Guard is issuing a temporary final rule
instead of an annual enforcement notice. Although the same security
zone created by this rule is already codified at 33 CFR 165.1312, the
enforcement dates contained in that section are not inclusive of when
the Portland Rose Festival Fleet Week is actually taking place this
year.
Discussion of Rule
The security zone created by this rule will encompass all waters of
the Willamette River between the Hawthorne and Steel Bridges in
Portland, Oregon. This zone will be effective during the 2010 Portland
Rose Festival Fleet Week, from June 2, 2010, through June 7, 2010. All
persons and vessels will be prohibited from entering or remaining in
the security zone unless authorized by the Captain of the Port or his
designated representatives.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. The Coast Guard has made this
determination based on the fact that the security zone will only be in
effect for the Portland Rose Festival Fleet Week and maritime traffic
may be able to enter the zone if authorized by the Captain of the Port
or his designated representatives.
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
may be small entities: The owners and operators of vessels intending to
operate in the area covered by the security zone. The security zone
will not have a significant economic impact on a substantial number of
small entities, however, because the security zone will only be in
effect for the Portland Rose Festival Fleet Week and maritime traffic
may be able to enter the zone if authorized by the Captain of the Port
or his designated representatives.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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 (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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 20780]]
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.
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a security
zone.
An environmental analysis checklist and a 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 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. Add Sec. 165.T13-136 to read as follows:
Sec. 165.T13-136 Security Zone; Portland Rose Festival Fleet Week,
Willamette River, Portland, Oregon.
(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.
(b) Regulations. Under 33 CFR part 165, subpart D, no person or
vessel may enter or remain in the security zone created by this section
without the authorization of the Captain of the Port or his designated
representatives. Subpart D has other requirements applicable to the
security zone created by this section. Permission to enter the security
zone created by this section may be requested by contacting the Captain
of the Port at 503-240-9311 or on VHF channels 16 or 22.
(c) Effective period. This section is effective from June 2, 2010,
through June 7, 2010.
Dated: April 9, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-9185 Filed 4-20-10; 8:45 am]
BILLING CODE 9110-04-P