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Security Zone: Portland Rose Festival on Willamette River
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 8, 2005 (Volume 70, Number 109)]
[Rules and Regulations]
[Page 33352-33354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn05-13]
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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: Final rule.
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SUMMARY: The Coast Guard is permanently amending the Portland Rose
Festival on 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 current
regulation does not accurately describe the enforcement period. The
change clarifies the annual enforcement period for this regulation.
This change will better inform the boating public and improve the level
of safety at this event. Entry into the area established is prohibited
unless authorized by the Captain of the Port.
DATES: This rule is effective June 8, 2005. In 2005, 33 CFR 165.1312
will be enforced on Wednesday, June 8, through Monday, June 13.
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 (CGD13-05-007) and are available for inspection or
copying at 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 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST1 Charity Keuter, c/o Captain of
the Port Portland, OR 6767 North Basin Avenue Portland, OR 97217 at
(503) 240-9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 9, 2005, we published a notice of proposed rulemaking (NPRM)
entitled ``Security Zone: Portland Rose Festival on Willamette River''
in the Federal Register (70 FR 24342). We received no letters
commenting on the proposed rule. No public meeting 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. Earlier notice was not provided to
the Coast Guard that the regulation as written would not provide the
required security for the vessels participating in the 2005 Portland
Rose Festival. Any delay encountered in this regulation's effective
date would be contrary to public interest because immediate action is
necessary to ensure the safety and security of the participating vessels.
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.
This rule permanently amends 33 CFR 165.1312 requiring compliance
with the regulation each year from the first Wednesday in June falling
on the 4th or later through the following Monday in June. Specific
times of compliance will be published in the Federal Register each year
as a notice of enforcement.
The regulated area and the security zone remain unchanged.
Discussion of Comments and Changes
The Coast Guard received no comments and thus has made no changes
from the proposed 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 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 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
transit or anchor in the security zone during the times this zone is
enforced. This security zone will
[[Page 33353]]
not have a significant economic impact on a substantial number of small
entities for the following reasons: 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 will not be in effect.
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 this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. 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 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.
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 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
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.
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 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. The Coast Guard has determined that
because this security zone will not last longer than one week in
duration that it should be ``Categorically Excluded''. Under figure 2-
1, paragraph (34)(g), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
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 amends 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. Sec. 165.1312 revise paragraph (d) to read as follows:
[[Page 33354]]
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: June 1, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-11321 Filed 6-7-05; 8:45 am]
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