[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62829-62832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24908]


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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, Willamette River, 
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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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 without actual notice October 21, 2014. 
For the purposes of enforcement, actual notice will be used from the 
date the rule was signed, September 4, 2014 until October 21, 2014.
    Comments and related material must be received by the Coast Guard 
on or before November 20, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before October 28, 2014.

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 
<a href="/cdn-cgi/l/email-protection#bcd1cfc9ccd8c4cbcbd1fcc9cfdfdb92d1d5d0"><span class="__cf_email__" data-cfemail="177a646267736f60607a5762647470397a7e7b">[email protected]</span></a>. 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a

[[Page 62830]]

mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0492] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one before October 28, 2014, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting 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.

B. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553 (b) (B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The first event for which this safety zone 
will be in effect is scheduled to be held on the 6th and 7th of 
September, 2014. Approximately 1,850 people are anticipating this event 
to commence as scheduled, and the event organizers are unable to 
reschedule the event in order to allow enough time for public comment. 
As such, it is impracticable for the Coast Guard to publish an NPRM 
with a notice and comment period, as well as a Final Rule (FR) prior to 
the date of the 2014 event. However, comments received under this 
temporary interim rule will be considered before a final rule is 
published.
    Under 5 U.S.S. 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. The first event for which this 
safety zone will be in effect is scheduled to be held on the 6th and 
7th of September, 2014. Approximately 1,850 people are anticipating 
this event to commence as scheduled, and the event organizers are 
unable to reschedule the event in order to allow enough time for public 
comment. As such, it is impracticable to wait until 30 days after 
publication in the Federal Register to make this rule effective.

C. 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.
    The Portland dragon boat races generally take place each year on 
the first or second weekend of September. These events 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. A 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.

D. Discussion of the Interim Rule

    The rule establishes a safety zone in the Thirteenth Coast Guard 
District. The safety zone will be located along the western side of the 
Willamette River extending from Tom McCall Waterfront Park between the 
Hawthorne and Marquam Bridges, Portland, OR. This safety zone will be 
enclosed by four lines along the western side of the Willamette River 
extending from Tom McCall Waterfront Park between the Hawthorne and 
Marquam Bridges, Portland, OR: line one starting at 45-30'49'' N/122-
40'24'' W then heading east to 45-30'49'' N/122-40'22'' W then heading 
south to 45-30'29'' N/122-40'08'' W then heading west to 45-30'26'' N/
122-40'14'' W then heading north ending at 45-30'49'' N/122-40'24'' W. 
The center span of the Hawthorne and Marquam bridges will be left open 
to allow commercial traffic through during the event. This safety zone 
will be enforced from 8:00 a.m. to 6:00 p.m. on the first or second 
Saturday and Sunday of September. The Coast Guard will make 
notifications via maritime advisories when the safety zone will be 
enforced. Enforcement of the zone will be 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

[[Page 62831]]

coordinate their transit with the Coast Guard in the vicinity of the 
safety zone.

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 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 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.

[[Page 62832]]

List of Subjects in 33 CFR Part 165

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

    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

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226; 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.1341 to read as follows:


Sec.  165.1341  Safety Zone; Portland Dragon Boat Races, Portland, OR.

    (a) Safety Zones. The following area is a designated safety zone:
    (1) Location. This safety zone is enclosed by four lines along the 
western side of the Willamette River extending from Tom McCall 
Waterfront Park between the Hawthorne and Marquam Bridges, Portland, 
OR: line one starting at 45-30'49'' N/122-40'24'' W then heading east 
to 45-30'49'' N/122-40'22'' W then heading south to 45-30'29'' N/122-
40'08'' W then heading west to 45-30'26'' N/122-40'14'' W then heading 
north ending at 45-30'49'' N/122-40'24'' W.
    (2) Enforcement Period. This safety zone will be enforced from 8:00 
a.m. to 6:00 p.m. on the first or second Saturday and Sunday of 
September.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Part 165, subpart C, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative. The Captain of the Port may be assisted by 
other Federal, State, or local agencies with the enforcement of the 
safety zone.

    Dated: September 4, 2014.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2014-24908 Filed 10-20-14; 8:45 am]
BILLING CODE 9110-04-P


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