[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Proposed Rules]
[Pages 14132-14134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4017]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD13-06-007]
RIN 1625-AA08


Special Local Regulation: Annual Dragon Boat Races, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for the Dragon Boat Races held annually the second 
Saturday and Sunday of June on the waters of the Willamette River, 
Portland, Oregon. These special local regulations limit the movement of 
non-participating vessels in the regulated race area. This proposed 
rule is needed to provide for the safety of life on navigable waters 
during the event.

DATES: Comments and related material must reach the Coast Guard on or 
before April 20, 2006.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Sector Portland, 6767 N. Basin Ave, Portland, Oregon 97217. 
Waterways Management maintains the public docket [CGD13-06-007] 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 U.S. Coast Guard Sector Portland between 7 
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, 6767 N. Basin Ave, Portland, OR 97217-3992, phone 
(503) 240-9311.

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 (CGD13-06-
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 if 
your comments 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 plan to hold a public meeting. But you may submit a 
request for a meeting by writing to U.S. Coast Guard Sector Portland 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

    This event may result in a number of recreational vessels 
congregating near the boat races. The regulated area is needed to 
protect event participants. Dragon Boats have very little freeboard and 
are susceptible to swamping. Accordingly, regulatory action is needed 
in order to provide for the safety of spectators and participants 
during the event.

Discussion of Proposed Rule

    This rule would control vessel movements from entering the race 
event

[[Page 14133]]

area. This regulated area will assist in minimizing the inherent danger 
associated with these races. In the event that one of the dragon boats 
should capsize due to excess speed from river traffic, emergency 
assistance must have immediate access to the craft. The Coast Guard, 
through this action, intends to promote the safety of personnel, 
vessels, and facilities in the area. Due to these concerns, public 
safety requires these regulations to provide for the safety of life on 
the navigable waters.
    The Coast Guard proposes to create this regulation by revising 
Sec.  100.1302, rather than create a new section in the Code of Federal 
Regulations because the annual Clarkston, Washington, Limited 
Hydroplane Races that currently exist in that section, is no longer an 
event which occurs with any regularity. Those races have not been 
conducted for at least five years and the sponsor has stated that they 
will no longer occur. The Dragon Boat Races in Portland, Oregon, 
however, is an event that that takes place annually and would benefit 
from a permanent rule.

Regulatory Evaluation

    This proposed 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 of 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 a small portion of the river for 
eighteen hours over two days.

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.
    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 from 8 a.m. (PDT) to 5 p.m. (PDT) on 
June 10th and 11th, 2006 and hereafter annually on the second Saturday 
and Sunday in June.
    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. This regulated area will not have significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be in effect for only 18 hours and 
vessel traffic will be allowed to safely pass through the area with a 
``no wake'' zone enforced.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Charity Keuter at 
(503) 240-9301. 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.

Collection of Information

    This proposed rule would call 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 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 would not 
create an environmental risk to health or risk to safety that might 
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 would 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.

[[Page 14134]]

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.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 made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(h), of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (34)(h), of the Instruction, an ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.

    2. Revise Sec.  100.1302 to read as follows:


Sec.  100.1302  Special Local Regulation, Annual Dragon Boat Races, 
Portland, Oregon.

    (a) Regulated Area. All waters of the Willamette River shore to 
shore, bordered on the north by the Hawthorne Bridge, and on the south 
by the Marquam Bridge.
    (b) Enforcement Period. The event is a two day event which will be 
enforced annually from 8 a.m. (PDT) to 5 p.m. (PDT) on the second 
Saturday and Sunday of June. In 2006, this regulation will be enforced 
from 8 a.m. until 5 p.m. on Saturday, June 10th and Sunday June 11th.
    (c) Special Local Regulation. (1) Non participant vessels are 
prohibited from entering the race area unless authorized by the Coast 
Guard Patrol Commander.
    (2) All persons or vessels not registered with the sponsor as 
participants or not part of the regatta patrol are considered 
spectators. Spectator vessels must be moored to a waterfront facility 
in a way that will not interfere with the progress of the event or have 
permission to enter the area from the Mor Coast Guard patrol commander. 
Spectators must proceed at a safe speed as not to cause a wake. This 
requirement will be strictly enforced to preserve the safety of both 
life and property.
    (3) A succession of sharp, short signals by whistle or horn from 
vessels patrolling the area under the direction of the Patrol Commander 
shall serve as a signal to stop. Vessels signaled shall stop and shall 
comply with the orders of the patrol vessel. Failure to do so may 
result in expulsion from the area, citation for failure to comply, or 
both.
    (4) The Coast Guard Patrol Commander may be assisted by other 
Federal, State and local law enforcement agencies in enforcing this 
regulation.

    Dated: February 28, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
 [FR Doc. E6-4017 Filed 3-20-06; 8:45 am]
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