[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Rules and Regulations]
[Pages 23894-23896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11164]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-014]
RIN 1625-AA00


Safety Zone; Dragon Boat Race, Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the waters

[[Page 23895]]

of the Willamette River between the Marquam and Hawthorne bridges 
during the two day Dragon Boat Races. Entry into these safety zones is 
prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from 7:30 a.m. on June 7, 2003 through 5 
p.m. on June 8, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD 13-03-XXX], and are available for 
inspection or copying at the U.S. Coast Guard MSO/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 Tad 
Drozdowski, Operations Department, (503) 240-9370.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM and, under 5 U.S.C. 553(d)(3) 
for making this rule effective less than 30 days after publication in 
the Federal Register. Publishing a NPRM would be contrary to public 
interest since immediate action is necessary to ensure the safety of 
vessels and spectators viewing the dragon boat races in close vicinity 
to the Rose Festival Security Zone on a heavily traveled river. If 
normal notice and comment procedures were followed, this rule would not 
become effective until after the dates of the events. For this reason, 
following normal rulemaking procedures in this case would be 
impracticable and contrary to the public interest.

Background and Purpose

    The Coast Guard is adopting a temporary safety zone regulation in 
order to provide for safe dragon boat races. The dragon boat races 
commence at 8 a.m. (PDT) and last throughout the day until 5 p.m. (PDT) 
on the first weekend in June on the Willamette River in Portland, OR. 
Due to the establishment of a security zone in close vicinity and the 
attention that the dragon boat races have drawn in the past, a large 
number of vessels may congregate near the course. The safety zone is 
needed to protect watercraft and their occupants from hazards 
associated with large numbers of different types of vessels 
congregating and maneuvering in a small area. This safety zone will be 
enforced by representatives of the Captain of the Port, Portland, 
Oregon. The Captain of the Port may be assisted by other Federal and 
local agencies.

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. The Coast Guard expects the economic impact of this proposal 
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 established by the proposed 
regulation will encompass less than one-half of a mile of the 
Willamette River for two eight hour and thirty minute time blocks on 
the weekend when commercial vessel traffic is low.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprise 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 or operators of vessels intending to 
transit a portion of the Willamette River during the times mentioned 
under Background and Purpose. This safety zone will not have 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for two eight-
hour and thirty minute time blocks during the day on the weekend. 
Traffic will be allowed to pass through the zone with the permission of 
the Captain of the Port or his designated representatives on scene, if 
safe to do so. Because the impacts of this rule are expected to be so 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601-612) that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

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 the 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 the person listed in the FOR 
FURTHER INFORMATION CONTACT section. 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 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 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 the 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

[[Page 23896]]

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.

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. A ``Categorical Exclusion Determination'' 
is provided for temporary safety zones of less than one week in 
duration. This rule establishes a safety zone for two eight-hour and 
thirty minute time blocks over two days.

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. 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.

0
2. From 7:30 a.m. on June 7, 2003 through 5 p.m. on June 8, 2003 add a 
temporary Sec.  165.T13-008 to read as follows:


Sec.  165.T13-008  Safety Zone for Dragon Boat Races, Willamette River, 
Portland, OR.

    (a) Location. All waters of the Willamette River bounded by the 
Hawthorne Bridge to the north, Marquam Bridge to the south, and 
shoreline to the east and west.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives.
    (c) Enforcement period. This section will be enforced on June 7 and 
June 8, 2003 from 7:30 a.m. to 5 p.m.

    Dated: April 23, 2003.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 03-11164 Filed 5-5-03; 8:45 am]
BILLING CODE 4910-15-P