[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Rules and Regulations]
[Pages 27565-27567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11018]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0492]
RIN 1625-AA00


Safety Zone; Portland Dragon Boat Races, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone in Portland, OR. 
This safety zone is necessary to help ensure the safety of the maritime 
public during the annual marine event and will do so by prohibiting 
unauthorized persons and vessels from entering the regulated area 
unless authorized by the Sector Columbia River Captain of the Port or 
his designated representatives.

DATES: This rule is effective June 15, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number [USCG-2014-0492]. To view documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Open Docket Folder'' on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may submit comments identified by docket number USCG-2014-0492 
using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Kenneth Lawrenson, Waterways Management Division, Marine 
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    An interim rule was used for the establishment of the 2014 Portland 
Dragon Boat Races and was published as USCG-2014-0492 in the Federal 
Register on October 21, 2014 with a comment period that ended on 
November 20, 2014. Three comments were received and no requests for a 
public meeting were received by the Coast Guard. All three comments 
received were generally supportive of the event. The comments received 
and the answers to comments are covered in the ``Discussion of 
Comments, Changes and the Final Rule'' section, below.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish 
safety zones in 33 CFR 1.05-1(f) for safety and environmental purposes 
as described in 33 CFR part 165.
    Regattas create the potential for complex navigation situations 
because of the large number of vessels that congregate near the event. 
In addition, the dragon boats involved in this regatta are not power 
driven vessels and consequently are limited in their ability to 
maneuver. This safety zone is necessary in order to ensure the safety 
of the maritime public in the proximity of marine event sites and 
reduce the risk of collision with the non-power driven vessels involved 
in the race.

C. Discussion of Comments, Changes and the Final Rule

    As discussed above, in the ``Regulatory History and Information'' 
section, there were three comments received on the Temporary Interim 
Rule, published as USCG-2014-0492, for the 2014 Portland Dragon Boat 
Races. The first commenter was a cat and stated that they agreed that 
the safety of people is important. The Coast Guard agrees. The second 
commenter asked, ``What is a dragon boat and where can I find one?'' A 
dragon boat is a vessel propelled with paddles by a large crew and used 
for racing. Sources for these vessels are beyond the scope of this 
rulemaking. The third commenter recommended that the safety zone cover 
a larger area, based on the event's recent rise in popularity in the 
Portland area. The Coast Guard agrees that the Portland Dragon Boat 
Festival has seen recent increases in attendance and participation; 
however the racing route has remained unchanged. Given that race 
managers limit the number of participants on the water at any specific 
time, the Coast Guard has determined that the current safety zone is 
adequate to protect the interests of safe navigation.

D. Discussion of the Final Rule

    The Final Rule finalizes the interim Safety Zone in the Thirteenth 
Coast Guard District without changes.

[[Page 27566]]

    This regulated area is located along the western side of the 
Willamette River extending from Tom McCall Waterfront Park between the 
Hawthorne and Marquam Bridges, Portland, OR. The center span of the 
Hawthorne and Marquam bridges will be left open to allow commercial 
traffic through during the event. This event will take place from 8:00 
a.m. to 6:00 p.m. on the first or second Saturday and Sunday of 
September. The zone is short in duration and will allow waterway users 
to enter or transit through the zone when deemed safe by the Captain of 
the Port or his designated representative.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard has made 
this determination based on the fact that the regulated area created by 
this rule will not significantly affect the maritime public because 
vessels may still coordinate their transit with the Coast Guard in the 
vicinity of the safety zone. Additionally, the Safety Zone which will 
be enforced is minimal in duration.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 did not receive comments from the Small Business 
Administration on this rule.
    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 may affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
operate in the area covered by the safety zone.
    The rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
regulated area is limited in size; (ii) the official on-scene patrol 
may authorize access to the regulated area; (iii) the regulated area 
will affect a limited geographical location for a limited time; (iv) 
the Coast Guard will make notifications via maritime advisories so 
mariners can adjust their plans accordingly; and (v) vessel traffic 
will be able to pass the safety zone with permission from the COTP 
representative.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT above.
    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). 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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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

[[Page 27567]]

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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide 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 this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves the creation of one 
safety zone around a marine event to protect the maritime public. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
For the reasons discussed in the preamble, the interim rule amending 33 
CFR part 165 which was published at 79 FR 62829 on October 21, 2014 is 
adopted as a final rule without change.

    Dated: April 17, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-11018 Filed 5-13-15; 8:45 am]
BILLING CODE 9110-04-P