[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Rules and Regulations]
[Pages 31978-31979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13443]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-02-020]
RIN 1625-AA00 (Formerly RIN 2115-AA97)


Security Zone: Portland Rose Festival on Willamette River

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 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 June 4, 2003.

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 (CGD13-02-020) and are 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: LTJG Tad Drozdowski, c/o Captain of 
the Port, Portland Oregon at (503) 240-2584.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On January 22, 2003, a notice of proposed rulemaking (NPRM) was 
published entitled Security Zone: Portland Rose Festival on Willamette 
River in the Federal Register (68 FR 2946). We received one letter 
commenting on the proposed rule. No public hearing 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. Waiting 30 days for this rule to 
be effective is contrary to the public interest. The Captain of the 
Port has an urgent and critical security need to control the movement 
of vessels in the vicinity of the Rose Festival. This need is based on 
the continuing and ongoing terrorist threat against the United States.
    The Coast Guard believes that this finding is consistent with the 
principle of fundamental fairness, which require that all affected 
persons be afforded a reasonable time to prepare for the effective date 
of the rulemaking. In 2002 the Coast Guard published a temporary final 
rule for the Rose Festival in 67 FR 34842 that was substantively 
identical to this rule. Further, the notice of proposed rulemaking for 
this rule was published four months prior to the 2003 Rose Festival. 
Lastly, the security zone in this regulation has been carefully 
designed to minimally impact the public while providing a reasonable 
level of protection for the vessels participating in the Rose Festival. 
For these reasons waiting 30 days for the rule to be enforceable would 
be impracticable, unnecessary, and contrary to the public interest.

Background and Purpose

    This security zone is necessary to provide for the security of 
vessels participating in the 2003 Portland Rose Festival in the 
navigable waters of the United States. This rule will be effective less 
than 30 days after publication in the Federal Register.

Discussion of Comments and Changes

    There was one comment to this rulemaking. The comment focused on 
the fact that there is no terrorist threat to the Rose Festival and 
that this rule will affect recreational boaters.
    The Coast Guard has considered this comment and determined that the 
risk of inaction is outweighed by the risk of action. There are 
continuing and ongoing terrorist threats against the United States. The 
Rose Festival is a large gathering of the public that often includes 
several public vessels from the U.S. Navy and Coast Guard. This rule is 
designed to minimally impact the public, including recreational 
boaters, while providing a reasonable level of protection for the 
public and public vessels. Accordingly, no changes were made to the 
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 proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DHS 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 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

[[Page 31979]]

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 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. A notice 
of proposed rulemaking was published in January to accommodate mariners 
by giving them proper notice and to provide a forum for their comments, 
questions, and concerns.
    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 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.

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 because the temporary security zone would 
not last longer than one week in duration. The temporary security zone 
would be established on Wednesday, June 4 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 9. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are 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.

0
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

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; Department of Homeland Security 
Delegation No. 0170.


0
2. Add Sec.  165.1312 to read as follows:


Sec.  165.1312  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, encompassed by the 
Hawthorne and Steel Bridges.
    (b) Regulations. 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.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) Enforcement period. This section normally will be enforced from 
the first Wednesday of June to the next Monday in June. In 2003 this 
section will be enforced from June 4 to June 9. After 2003, a notice of 
enforcement normally will be published in the Federal Register 30 days 
prior to the beginning of the event.

    Dated: May 13, 2003.
P.D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 03-13443 Filed 5-28-03; 8:45 am]
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