[Federal Register Volume 69, Number 103 (Thursday, May 27, 2004)]
[Rules and Regulations]
[Pages 30202-30203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12007]



[[Page 30202]]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-04-022]
RIN 1625-AA00


Security Zone; Portland Rose Festival on Willamette River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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, and shoreline 
to shoreline between the Hawthorne and Steel bridges and underneath 
these bridges. The Captain of the Port, Portland, Oregon, is taking 
this action to safeguard the vessels participating in the Portland Rose 
Festival from terrorism, sabotage, or other subversive acts while the 
vessels are moored at Waterfront Park. Entry into this zone is 
prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective from Sunday, June 13, 2004, until the 
last vessel departs the Waterfront Park on Tuesday, June 15, 2004.

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 CGD13-04-022 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 Xochitl 
Casta[ntilde]eda, c/o Captain of the Port, Portland Oregon at (503) 
240-2594.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 29, 2003, the Coast Guard published a final rule (68 FR 
31978) establishing a security zone. And on March 26, 2004, we 
published a notice (69 FR 15681) stating that this year the Portland 
Rose Festival on Willamette River security zone in 33 CFR 165.1312 
would be enforced from June 9, 2004, until June 13, 2004.
    It has become necessary, however, to extend the time frame from 
this final rule by 3 days in order to allow for contingency planning. 
We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. Publishing a NPRM and incorporating these events into 
33 CFR 165.13-1315 would be contrary to public interest because the 
dates for this event will not always fall on the same day in future 
years. In addition, immediate action is necessary to ensure the safety 
and security of vessels participating in the 2004 Portland Rose 
Festival in the navigable waters of the United States.

Discussion of Rule

    This rule, for safety and security concerns, will control vessel 
movements in a security zone surrounding vessels participating in the 
2004 Portland Rose Festival. U.S. Naval Vessels are covered under 33 
CFR part 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 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.

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.
    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 adequate resources of the Captain 
of the Port or his designated representatives, which will allow for a 
quick response to vessels seeking approval to transit through the 
security zone. 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 determines that the vessels 
participating in the Rose Festival are threatened. The security zone 
will not have a significant economic impact because adequate resources 
will allow for a timely response from the Captain of the Port or his 
designated representatives, to vessels seeking transit through the 
security zone.

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).

[[Page 30203]]

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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.lD, 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.


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. 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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Temporarily add Sec.  165.T13-004 to read as follows:


Sec.  165.T13-004  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) Effective period. This section is effective from Sunday, June 
13, 2004, until the last vessel departs the Waterfront Park on Tuesday, 
June 15, 2004.
    (c) 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.

    Dated: May 18, 2004.
P.D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 04-12007 Filed 5-26-04; 8:45 am]
BILLING CODE 4910-15-P