[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Proposed Rules]
[Pages 24342-24344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9154]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-007]
RIN 1625-AA87


Security Zone: Portland Rose Festival on Willamette River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the Portland Rose Festival 
on

[[Page 24343]]

Willamette River security zone. This regulation is enforced annually 
during the Portland, Oregon Rose Festival on the waters of the 
Willamette River between the Hawthorne and Steel Bridges. The proposed 
change would clarify the annual enforcement period for this regulation. 
This change is intended to better inform the boating public and to 
improve the level of safety at this event. Entry into the area 
established is prohibited unless authorized by the Captain of the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before May 31, 2005.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office, c/o Captain of the Port, 6767 North Basin 
Avenue Portland, OR 97217. Marine Safety Office Portland, Oregon, 
maintains the public docket [CGD13-05-007] for this rulemaking. 
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 Marine Safety Office Portland, Oregon, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tad Drozdowski, c/o Captain of the 
Port Portland, OR 6767 North Basin Avenue Portland, OR 97217 at (503) 
240-9301.

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 (CGD13-05-
007), 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 
they 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 Marine Safety Office Portland, 
Oregon, 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 later notice in the Federal 
Register.

Background and Purpose

    Each year in June, the annual Portland, Oregon, Rose Festival is 
held on the waters of the Willamette River near Portland, Oregon. On 
May 29, 2003, the Coast Guard published a final rule (68 FR 31979) 
establishing a security zone, in 33 CFR 165.1312, for the security of 
naval vessels on a portion of the Willamette River during the fleet 
week of the Rose Festival. The security zone in 33 CFR 165.1312 is 
enforced each year during the event to provide for public safety by 
controlling the movement of vessel traffic in the regulated area. The 
current regulation does not accurately describe the enforcement period.

Discussion of Proposed Rule

    In this proposed rule, the Coast Guard would amend 33 CFR 165.1312, 
``Security Zone; Portland Rose Festival on Willamette River'', to 
require compliance with the regulation each year in June from the first 
Wednesday in June falling on the 4th or later through the following 
Monday in June. The location of the security zone would remain 
unchanged.
    This proposed rule, for safety and security concerns, would control 
vessel movements in a security zone surrounding vessels participating 
in the annual Portland, Oregon, Rose Festival. U.S. Naval Vessels are 
covered under 33 CFR part 165 subpart G--Protection of Naval Vessels, 
however, the Portland, Oregon, 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, Oregon, or his designated representatives.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
fact that the regulated area of the Willamette River is a small area, 
enforced for a short period of time, and it is established for the 
benefit and safety of the recreational boating public.

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.
    Vessels desiring to transit this area of the Willamette River may 
do so by scheduling their trips in the early morning or evening when 
the restrictions on general navigation imposed by this section would 
not be in effect. For these reasons, the Coast Guard certifies under 5 
U.S.C. 605(b) that this change would not have a significant economic 
impact on a substantial number of small entities.
    Therefore, 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. Comments submitted in response to 
this finding will be evaluated under the criteria in the ``Regulatory 
Information'' section of this preamble.

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. The Coast Guard will 
not retaliate against small entities that question or complain about 
this rule or any policy or action of the Coast Guard.
    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

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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 proposed 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 the rule 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 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 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 does not 
create an environmental risk to health or risk to safety that may 
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 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 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. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.ID, 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. Under figure 2-1, paragraph (34)(g), of the Instruction, 
an ``Environmental Analysis Check List'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

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:

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. 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.
    2. In Sec.  165.1312 revise paragraph (d) to read as follows:


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

* * * * *
    (d) Enforcement period. This section is enforced annually in June 
from the first Wednesday in June falling on the 4th or later through 
the following Monday in June. The event will be 6 days in length and 
the specific dates of enforcement will be published each year in the 
Federal Register. In 2005, the zone will be enforced on Wednesday, June 
8, through Monday, June 13.

    Dated: April 20, 2005.
Daniel T. Pippenger,
Commander, U.S. Coast Guard, Acting Captain of the Port, Portland, OR.
[FR Doc. 05-9154 Filed 5-6-05; 8:45 am]
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