[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Rules and Regulations]
[Pages 42272-42274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11876]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for the Dragon Boat Races held annually on 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 rule will 
provide for the safety of life on navigable waters during the event. 
This rule will also remove special local regulations for the formerly-
annual, Clarkston, Washington, Limited Hydroplane Races which no longer 
occur on a regular basis.

DATES: This rule is effective June 10, 2006.

ADDRESSES: Comments and material received from the public, as well as

[[Page 42273]]

documents indicated in this preamble as being available in the docket, 
will become part of this docket [CGD13-06-007] and are 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, and 
(503)240-9311

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 21, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulation: Annual Dragon Boat Races, 
Portland, OR in the Federal Register (71 FR 14132). 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. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, support craft, spectator 
craft and other vessels transiting the event area. For the safety 
concerns noted, it is in the public interest to have these regulations 
in effect during the event. However advance notifications will be made 
to users of the waterway via marine information broadcasts and area 
newspapers.

Background and Purpose

    We are revising 33 CFR 100.1302 because the annual Clarkston, 
Washington, Limited Hydroplane Races are no longer an event which 
occurs with any regularity. These races have not been conducted for at 
least 5 years and the sponsor has stated that they are no longer 
conducted. We are rewriting Sec.  100.1302 for an event, the Dragon 
Boat Races in Portland, Oregon, that takes place annually and would 
benefit from a permanent rule.
    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 Comments and Changes

    No comments or letters were received in response to the NPRM. 
Therefore, we made no changes from the proposed rule except to add a 
definition of the ``race area'' to clarify where it was located within 
the regulated area.

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 established by the 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 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 
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 enforced for only 18 hours annually and 
vessel traffic will be allowed to safely pass around the race area and 
through the remainder of the regulated area with a ``no wake'' zone 
enforced.

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 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.
    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 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 rule under 
that Order and have determined that it does not have implications for 
federalism. No comments were received.

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 would 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

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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 would 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 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 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)(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.

List of Subjects in 33 CFR Part 100

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
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.

0
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) Definition. For purposes of this section, race area means an 
area 536-meters-long by 80-feet-wide designated by buoys and floatation 
line markers within the regulated area described in paragraph (a) of 
this section. The buoys have 4-foot poles attached to them. Two of the 
buoys are red, one is white, and the other is yellow. The course runs 
from the north side of the Hawthorne bridge south along the east bank 
to the east most pier of the Markham bridge and from the south side of 
the Markham bridge to the east pier of the center span. The center span 
is left open to allow commercial traffic through during the event. The 
course then continues from the west Pier of the center span and to the 
first pier west on the south side of the piers and continues north and 
ends at River Place dock.
    (c) Enforcement period. The event is a two-day event which will be 
enforced from 8 a.m. (PDT) to 5 p.m. (PDT) on the second Saturday and 
Sunday of June each year. In 2006, this section will be enforced from 8 
a.m. until 5 p.m. on Saturday, June 10, and Sunday, June 11.
    (d) 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 event sponsor or 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: May 30, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E6-11876 Filed 7-25-06; 8:45 am]
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