Safety Zone; Portland Dragon Boat Races, Willamette River, Portland, OR, 62829-62832 [2014-24908]
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
Dated: October 2, 2014.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2014–25003 Filed 10–20–14; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 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.
Coast Guard
2. Add § 165.1338 to read as follows:
RIN 1625–AA00
■
33 CFR Part 165
[Docket Number USCG–2014–0492]
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§ 165.1338 Regulated Navigation Area;
Slip 4 Early Action Area Superfund Site,
Lower Duwamish Waterway, Seattle, WA.
Safety Zone; Portland Dragon Boat
Races, Willamette River, Portland, OR
(a) Regulated Areas. The following
areas are regulated navigation areas: All
waters within the northern portion of
Slip 4 bounded by the shoreline and the
southern boundary of the Early Action
Area defined as the line beginning at a
point on the shore at 47°32′08.47″ N,
122°19′12.00″ W; thence southeast to a
point on the shoreline at 47°32′07.02″ N,
122°19′09.23″ W (Datum: NAD 1983/
91).
(b) Regulations. (1) All vessels and
persons are prohibited from grounding,
anchoring, dragging, trawling, spudding,
or otherwise contacting the riverbed
within the designated regulated
navigation area. Vessels may otherwise
transit or navigate within this area in
accordance with the Navigation Rules.
(2) The prohibition described in
paragraph (b)(1) of this section does not
apply to vessels or persons engaged in
activities associated with remediation
efforts in the superfund sites, provided
that the Captain of the Port, Puget
Sound (COTP), is given advance notice
of those activities by the Environmental
Protection Agency.
(3) The prohibition described in
paragraph (b)(1) of this section does not
apply to vessels or person engaged in
fishing activities pursuant to fishing
rights held by treaty with the United
States.
(c) Waivers. Upon written request
stating the need and proposed
conditions of the waiver, and any
proposed precautionary measures, the
COTP may authorize a waiver from this
section if the COTP determines that the
activity for which the waiver is sought
can take place without undue risk to the
remediation efforts described in
paragraph (b)(1) of this section. The
COTP will consult with EPA in making
this determination when necessary and
practicable.
AGENCY:
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Coast Guard, DHS.
Interim rule and request for
comments.
ACTION:
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.
SUMMARY:
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 https://
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:
DATES:
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(1) Federal e-Rulemaking Portal:
https://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 msupdxwwm@
uscg.mil. 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 https://
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 https://
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
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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
https://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 81⁄2 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
https://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).
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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.
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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
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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
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coordinate their transit with the Coast
Guard in the vicinity of the safety zone.
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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 onscene 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
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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
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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.
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List of Subjects in 33 CFR Part 165
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
40 CFR Part 52
[EPA–R07–OAR–2014–0685; FRL–9918–13–
Region 7]
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
Approval and Promulgation of
Implementation Plans; State of
Nebraska; Infrastructure SIP
Requirements for the 2008 Lead
National Ambient Air Quality
Standards
■
1. The authority citation for Part 165
continues to read as follows:
AGENCY:
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.
SUMMARY:
■
2. Add § 165.1341 to read as follows:
§ 165.1341 Safety Zone; Portland Dragon
Boat Races, Portland, OR.
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(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.
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Environmental Protection
Agency.
ACTION: Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve two State
Implementation Plan (SIP) submissions
from the State of Nebraska. EPA is
approving elements of a SIP submission
from the State of Nebraska that
addresses the applicable requirements
of the Clean Air Act (CAA) section 110
for the 2008 National Ambient Air
Quality Standards (NAAQS) for Lead
(Pb). Section 110(a) of the CAA requires
that each state adopt and submit a SIP
to support implementation,
maintenance, and enforcement of each
new or revised NAAQS promulgated by
EPA. These SIPs are commonly referred
to as ‘‘infrastructure’’ SIPs. The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA.
EPA is also approving an additional
SIP submission from the State of
Nebraska that addresses section 128 of
the CAA and supports requirements
associated with infrastructure SIPs.
DATES: This direct final rule will be
effective December 22, 2014, without
further notice, unless EPA receives
adverse comment by November 20,
2014.
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2014–0685, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: crable.gregory@epa.gov.
3. Mail: Mr. Gregory Crable, Air
Planning and Development Branch, U.S.
Environmental Protection Agency,
Region 7, Air and Waste Management
Division, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
4. Hand Delivery or Courier: Deliver
your comments to Mr. Gregory Crable,
Air Planning and Development Branch,
ADDRESSES:
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U.S. Environmental Protection Agency,
Region 7, Air and Waste Management
Division, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2014–
0685. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and should be free of any
defects or viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy at
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The interested
persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
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]]>Agencies
[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62829-62832]
From the Federal Register Online via the Government Printing 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 https://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: https://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
msupdxwwm@uscg.mil. 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 https://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
https://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
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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 https://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 https://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
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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
