[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Proposed Rules]
[Pages 2946-2948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1286]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-02-020]
RIN 2115-AA97


Security Zone; Portland, OR, Rose Festival on Willamette River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a security zone surrounding the City 
of Portland's Waterfront Park to include all waters of the Willamette 
River, from surface to bottom, encompassed by the Hawthorne and Steel 
Bridges during the annual Rose Festival. Terrorist acts against the 
United States necessitate this action to properly safeguard all vessels 
participating in the 2003 Portland Rose Festival from terrorism, 
sabotage, or other subversive acts. 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 60 days after date of publication in the Federal Register.

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.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Tad 
Drozdowski, c/o Captain of the Port, Portland, Oregon at (503) 240-
2584.

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-
020), 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 2003 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 
2003 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 60 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.

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

[[Page 2947]]

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 (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.

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 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 affect 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 4th 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 9th. A 
``Categorical Exclusion Determination'' and corresponding checklist 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:

[[Page 2948]]

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, and 160.5; 49 CFR 1.46.

    2. Add Sec.  165.1312 to read as follows:


Sec.  165.1312  Security Zone; Portland, OR Rose Festival on Willamette 
River.

    (a) Location. The following area is a security zone: All waters of 
the Willamette River, from surface to bottom, encompassed by the 
Hawthorne and Steel 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 will be effective generally from 
the first full Wednesday of June to the next Monday in June. A notice 
of implementation of regulation will be published in the Federal 
Register 30 days prior to the beginning of the event.

    Dated: December 24, 2002.
P.D. Jewell,
Captain, Coast Guard, Captain of the Port, Portland.
[FR Doc. 03-1286 Filed 1-21-03; 8:45 am]
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