[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34842-34844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12312]


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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: 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, 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: This rule is effective from Wednesday, June 5, 2002, through 
Monday, June 10, 2002.

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 CGD13-02-002 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 Jeff Pile, c/o 
Captain of the Port, Portland Oregon at (503) 240-2585.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On March 18, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone; Portland Rose Festival on Willamette 
River in the Federal Register (67 FR 11961). We received no letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
The comment period for this rule ended just 2 business days before May 
6, 2002--the date 30 days before the effective date of the rule. While 
this miscalculation prevented us from having the rule published by May 
6, we are still able to provide several weeks notice of the effective 
date of the rule. The dates of the Rose Festival are fixed, and cannot 
be modified, therefore it would be contrary to public interest for us 
not to make the rule effective starting June 5, 2002. 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 Comments and Rule

    The Coast Guard did not receive any comments on the NPRM for this 
rule. This rule, for safety and security concerns, will 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 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

[[Page 34843]]

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. The Coast Guard intends to enforce this security zone during 
its effective period starting with arrival of the first vessel 
participating in the 2002 Portland Rose Festival to the City of 
Portland's Waterfront Park and extending until the last such 
participating vessel departs the Waterfront Park.

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 Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this 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 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 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.

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).

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 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 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 M16475.1D, 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.

[[Page 34844]]


    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. 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: May 7, 2002.
J.D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 02-12312 Filed 5-15-02; 8:45 am]
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