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Security Zone; Portland Rose Festival on Willamette River
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[Federal Register: March 18, 2002 (Volume 67, Number 52)]
[Proposed Rules]
[Page 11961-11963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr02-28]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-02-002]
RIN 2115-AA97
Security Zone; Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a temporary security zone surrounding
the City of Portland's Waterfront Park to include all waters of the
Willamette River, from surface to bottom, between the Hawthorne and
Steel bridges and underneath these bridges. Recent terrorist attacks
against the United States necessitate this action to properly safeguard
all vessels participating in the 2002 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: Comments and related material must reach the Coast Guard no
later than May 2, 2002.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office/Group Portland, 6767 N. Basin Ave, Portland,
Oregon 97217. 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 U.S. Coast Guard Marine Safety Office/Group
Portland between 7 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
[[Page 11962]]
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jeff Pile, c/o
Captain of the Port, Portland Oregon at (503) 240-2585.
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 (CGD13-02-
002), 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
your submission 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 U.S. Coast Guard Marine Safety
Office/Group Portland 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
separate notice in the Federal Register.
Background and Purpose
This security zone is necessary to provide for the safety and
security of vessels participating in the 2002 Portland Rose Festival in
the navigable waters of the United States.
Discussion of Proposed Rule
This rule, for safety and security concerns, would control vessel
movements in a regulated area surrounding vessels participating in the
2002 Portland Rose Festival. U.S. Naval Vessels are covered under 33
CFR 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. It is crucial that the same level of security be provided to
all participating vessels. Entry into this zone would be 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 will be 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.
Good cause exists to shorten the notice and comment period of this
notice of proposed rulemaking. The normal 90 day comment period has
been shortened to 45 days to allow the Coast Guard to evaluate all
comments received, make appropriate modifications to the proposed rule,
and publish the final rule at least 30 days prior to the implementation
of the security zone. Although this annual event was known to the Coast
Guard well in advance, this notice was not published earlier due to
extensive additional considerations that needed to be addressed
following the increased security measures necessary to properly
safeguard military assets following the September 11, 2001 terrorist
attacks on the United States.
Regulatory Evaluation
This proposed 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
Transportation (DOT) (44 FR 11040, February 26, 1979).
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 DOT 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 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.
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. 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 representatives to transit through the
regulated area.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 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.
Collection of Information
This proposed rule would call 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
[[Page 11963]]
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 would not
create an environmental risk to health or risk to safety that might
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 would 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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. 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 proposed 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 would
not last longer than one week in duration. The temporary security zone
would be established on Wednesday, June 5, 2002, 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 10,
2002. 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.
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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add Sec. 165.T13-002 to read as follows:
Sec. 165.T13-002 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) 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.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
(d) Effective period. This section is effective from Wednesday,
June 5, 2002, through Monday, June 10, 2002.
Dated: March 1, 2002.
J. D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 02-6361 Filed 3-15-02; 8:45 am]
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