[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33352-33354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11321]


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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: Final rule.

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SUMMARY: The Coast Guard is permanently amending the Portland Rose 
Festival on 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 current 
regulation does not accurately describe the enforcement period. The 
change clarifies the annual enforcement period for this regulation. 
This change will better inform the boating public and improve the level 
of safety at this event. Entry into the area established is prohibited 
unless authorized by the Captain of the Port.

DATES: This rule is effective June 8, 2005. In 2005, 33 CFR 165.1312 
will be enforced on Wednesday, June 8, through Monday, June 13.

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 (CGD13-05-007) and are available for inspection or 
copying at 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 between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST1 Charity Keuter, c/o Captain of 
the Port Portland, OR 6767 North Basin Avenue Portland, OR 97217 at 
(503) 240-9301.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On May 9, 2005, we published a notice of proposed rulemaking (NPRM) 
entitled ``Security Zone: Portland Rose Festival on Willamette River'' 
in the Federal Register (70 FR 24342). We received no letters 
commenting on the proposed rule. No public meeting 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. Earlier notice was not provided to 
the Coast Guard that the regulation as written would not provide the 
required security for the vessels participating in the 2005 Portland 
Rose Festival. Any delay encountered in this regulation's effective 
date would be contrary to public interest because immediate action is 
necessary to ensure the safety and security of the participating 
vessels.

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.
    This rule permanently amends 33 CFR 165.1312 requiring compliance 
with the regulation each year from the first Wednesday in June falling 
on the 4th or later through the following Monday in June. Specific 
times of compliance will be published in the Federal Register each year 
as a notice of enforcement.
    The regulated area and the security zone remain unchanged.

Discussion of Comments and Changes

    The Coast Guard received no comments and thus has made no changes 
from the proposed 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 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 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 
may be small entities: The owners and operators of vessels intending to 
transit or anchor in the security zone during the times this zone is 
enforced. This security zone will

[[Page 33353]]

not have a significant economic impact on a substantial number of small 
entities for the following reasons: 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 will not be in effect.

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 this 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 1-888-REG-FAIR (1-888-734-3247). 
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 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 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 
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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. The Coast Guard has determined that 
because this security zone will not last longer than one week in 
duration that it should be ``Categorically Excluded''. Under figure 2-
1, paragraph (34)(g), of the Instruction, an ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are not 
required for this rule.

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


0
2. In Sec. Sec.  165.1312 revise paragraph (d) to read as follows:

[[Page 33354]]

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: June 1, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-11321 Filed 6-7-05; 8:45 am]
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