[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34842-34844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12312]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD13-02-002]
RIN 2115-AA97
Security Zone; Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
surrounding the City of Portland's Waterfront Park to include all
waters of the Willamette River, from surface to bottom, between the
Hawthorne and Steel bridges and underneath these bridges. Recent
terrorist attacks against the United States necessitate this action to
properly safeguard all vessels participating in the 2002 Portland Rose
Festival from terrorism, sabotage, or other subversive acts. We
anticipate the security zone will have limited effects on commercial
traffic and significant effects on recreational boaters; ensuring
timely escorts through this security zone is a high priority of the
Captain of the Port.
DATES: This rule is effective from Wednesday, June 5, 2002, through
Monday, June 10, 2002.
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 CGD13-02-002 and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office / Group Portland, 6767
N. Basin Ave, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jeff Pile, c/o
Captain of the Port, Portland Oregon at (503) 240-2585.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On March 18, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Portland Rose Festival on Willamette
River in the Federal Register (67 FR 11961). We received no letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
Under 5 U.S.C. 553(d)(3), good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
The comment period for this rule ended just 2 business days before May
6, 2002--the date 30 days before the effective date of the rule. While
this miscalculation prevented us from having the rule published by May
6, we are still able to provide several weeks notice of the effective
date of the rule. The dates of the Rose Festival are fixed, and cannot
be modified, therefore it would be contrary to public interest for us
not to make the rule effective starting June 5, 2002. This security
zone is necessary to provide for the safety and security of vessels
participating in the 2002 Portland Rose Festival in the navigable
waters of the United States.
Discussion of Comments and Rule
The Coast Guard did not receive any comments on the NPRM for this
rule. This rule, for safety and security concerns, will control vessel
movements in a regulated area surrounding vessels participating in the
2002 Portland Rose Festival. U.S. Naval Vessels are covered under 33
CFR 165 Subpart G--Protection of Naval Vessels; however, the Portland
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 or
his designated representatives.
Commercial vessels that typically transit this section of the
Willamette River are pre-designated and will suffer only minor
inconveniences. Recreational vessels may suffer from extended delays
and can anticipate a
[[Page 34843]]
vessel inspection. Recreational vessels are encouraged to avoid this
area. Recreational vessels will be allowed into the zone on a case-by-
case basis following extensive security measures, and as operations
permit.
Coast Guard personnel will enforce this security zone and the
Captain of the Port may be assisted by other federal, state, or local
agencies. The Coast Guard intends to enforce this security zone during
its effective period starting with arrival of the first vessel
participating in the 2002 Portland Rose Festival to the City of
Portland's Waterfront Park and extending until the last such
participating vessel departs the Waterfront Park.
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 Transportation
(DOT) (44 FR 11040, February 26, 1979).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
This expectation is based on adequate resources allowing vessel
approvals from the Captain of the Port or his designated
representatives to transit through the regulated area. For the above
reasons, the Coast Guard only anticipates minor economic impact.
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
might be small entities: the owners or operators of vessels intending
to transit or anchor in this portion of the Willamette River. The
likely impacts to small entities include minor time delays, potential
inspections, and possibly non-entrance if the Captain of the Port or
his designated representatives sense the vessels participating in the
Rose Festival are threatened. The security zone will not have a
significant economic impact because adequate resources will allow
vessels timely approval from the Captain of the Port or his designated
representatives to transit through the regulated area.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 will
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.
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 it has a substantial direct effect on State or local
governments and will 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 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because the temporary security zone will
not last longer than one week in duration. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 34844]]
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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add Sec. 165.T13-002 to read as follows:
Sec. 165.T13-002 Security Zone; Portland Rose Festival on Willamette
River.
(a) Location. The following area is a security zone: All waters of
the Willamette River, from surface to bottom, between the Hawthorne and
Steel bridges and underneath these bridges.
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port, Portland or his designated representatives. Section 165.33
also contains other general requirements.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port on VHF channel 16 (156.8 MHz) or VHF
channel 22A (157.1 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels shall comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
(d) Effective period. This section is effective from Wednesday,
June 5, 2002, through Monday, June 10, 2002.
Dated: May 7, 2002.
J.D. Spitzer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 02-12312 Filed 5-15-02; 8:45 am]
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