[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]
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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.
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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.
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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]
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