Security Zone: Portland Rose Festival on Willamette River, 33352-33354 [05-11321]
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33352
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
transportation to any State. The Coast
Guard regulates the licensing of
deepwater ports, in 33 CFR parts 148,
149, and 150, under a temporary interim
rule issued in 2004 (69 FR 724, Jan. 6,
2004).
On May 16, 2005, the Coast Guard
issued Navigation and Vessel Inspection
Circular No. 03–05 (NVIC 03–05). NVIC
03–05 provides guidance to deepwater
port license applicants and operators, to
the Coast Guard, and to ‘‘certifying
entities’’ that perform certification work
on behalf of the Coast Guard. This
guidance relates to the design, plan
review, fabrication, installation,
maintenance, and oversight of
deepwater ports. NVIC 03–05
encourages voluntary compliance, but is
not intended to and does not impose
legally binding requirements on any
person.
The ADDRESSES section of this notice
tells how to view or obtain a copy of
NVIC 03–05. The Coast Guard is issuing
this notice of availability in accordance
with the commitment we made in our
temporary interim rule, at 69 FR 726, to
keep the public informed of Coast Guard
policies interpreting the deepwater port
regulations. We will issue additional
notices of availability, should we
modify or supplement NVIC 03–05 in
the future.
Dated: May 31, 2005.
Howard L. Hime,
Acting Director of Standards, Marine Safety,
Security, and Environmental Protection, U.S.
Coast Guard.
[FR Doc. 05–11318 Filed 6–7–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD13–05–007]
RIN 1625–AA87
Security Zone: Portland Rose Festival
on Willamette River
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: The Coast Guard is
permanently amending the Portland
Rose Festival on Willamette River
security zone. This regulation is
enforced annually during the Portland,
Oregon Rose Festival on the waters of
the Willamette River between the
Hawthorne and Steel Bridges. The
current regulation does not accurately
describe the enforcement period. The
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change clarifies the annual enforcement
period for this regulation. This change
will better inform the boating public
and improve the level of safety at this
event. Entry into the area established is
prohibited unless authorized by the
Captain of the Port.
DATES: This rule is effective June 8,
2005. In 2005, 33 CFR 165.1312 will be
enforced on Wednesday, June 8, through
Monday, June 13.
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 (CGD13–05–007) and are
available for inspection or copying at
U.S. Coast Guard Marine Safety Office,
c/o Captain of the Port, 6767 North
Basin Avenue Portland, OR 97217.
Marine Safety Office Portland, Oregon
between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
MST1 Charity Keuter, c/o Captain of the
Port Portland, OR 6767 North Basin
Avenue Portland, OR 97217 at (503)
240–9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 9, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone: Portland Rose
Festival on Willamette River’’ in the
Federal Register (70 FR 24342). We
received no letters commenting on the
proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 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. Earlier notice was not
provided to the Coast Guard that the
regulation as written would not provide
the required security for the vessels
participating in the 2005 Portland Rose
Festival. Any delay encountered in this
regulation’s effective date would be
contrary to public interest because
immediate action is necessary to ensure
the safety and security of the
participating vessels.
Background and Purpose
Each year in June, the annual
Portland, Oregon Rose Festival is held
on the waters of the Willamette River
near Portland, Oregon. On May 29,
2003, the Coast Guard published a final
rule (68 FR 31979) establishing a
security zone, in 33 CFR 165.1312, for
the security of naval vessels on a
portion of the Willamette River during
the fleet week of the Rose Festival. The
security zone in 33 CFR 165.1312 is
enforced each year during the event to
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provide for public safety by controlling
the movement of vessel traffic in the
regulated area. The current regulation
does not accurately describe the
enforcement period.
This rule permanently amends 33
CFR 165.1312 requiring compliance
with the regulation each year from the
first Wednesday in June falling on the
4th or later through the following
Monday in June. Specific times of
compliance will be published in the
Federal Register each year as a notice of
enforcement.
The regulated area and the security
zone remain unchanged.
Discussion of Comments and Changes
The Coast Guard received no
comments and thus has made no
changes from the proposed rule.
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 Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This expectation is
based on the fact that the regulated area
of the Willamette River is a small area,
enforced for a short period of time, and
it is established for the benefit and
safety of the recreational boating public.
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 may be small
entities: The owners and operators of
vessels intending to transit or anchor in
the security zone during the times this
zone is enforced. This security zone will
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
not have a significant economic impact
on a substantial number of small entities
for the following reasons: Vessels
desiring to transit this area of the
Willamette River may do so by
scheduling their trips in the early
morning or evening when the
restrictions on general navigation
imposed by this section will not be in
effect.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process. 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 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.
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).
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 the rule has a substantial
direct effect on State or local
governments and would 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
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15:35 Jun 07, 2005
Jkt 205250
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.
33353
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
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.
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g) of the
Instruction from further environmental
documentation. The Coast Guard has
determined that because this security
zone will not last longer than one week
in duration that it should be
‘‘Categorically Excluded’’. Under figure
2–1, paragraph (34)(g), of the
Instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
Energy Effects
List of Subjects in 33 CFR Part 165
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. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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 may
disproportionately affect children.
Indian Tribal Governments
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. In §§ 165.1312 revise paragraph (d)
to read as follows:
I
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33354
Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
§ 165.1312 Security Zone; Portland Rose
Festival on Willamette River.
*
*
*
*
*
(d) Enforcement period. This section
is enforced annually in June from the
first Wednesday in June falling on the
4th or later through the following
Monday in June. The event will be 6
days in length and the specific dates of
enforcement will be published each year
in the Federal Register. In 2005, the
zone will be enforced on Wednesday,
June 8, through Monday, June 13.
Dated: June 1, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the
Port, Portland, OR.
[FR Doc. 05–11321 Filed 6–7–05; 8:45 am]
BILLING CODE 4910–15–P
copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Jonathan Fleuchaus, Office of General
Counsel, Mail code 2333A, Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460;
telephone number: (202) 564–5628; fax
number: (202) 564–5644; e-mail address:
fleuchaus.jonathan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9, 23, 163, 177, 178, 179,
and 180
[OPP–2003–0176; FRL–7706–9]
Updating Generic Pesticide Chemical
Tolerance Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is updating generic
provisions of its procedural regulations
pertaining to pesticide chemical
tolerances and exemptions from the
requirement of a tolerance under section
408 of the Federal Food, Drug, and
Cosmetic Act. This update is necessary
due to various changes made in the
underlying statute by the Food Quality
Protection Act of 1996. The
amendments are primarily
administrative in nature. EPA believes
that these revisions will clarify the
regulations and reduce confusion for
users.
DATES: This final rule is effective August
8, 2005.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number OPP–2003–
0176. All documents in the docket are
listed in the EDOCKET index at http:/
/www.epa.gov/edocket/. 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,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
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You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 111)
• Animal production (NAICS 112)
• Food manufacturer (NAICS 311)
• Pesticide manufacturer (NAICS
32532)
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET (http:/
/www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR is available at E-CFR Beta Site
Two at https://www.gpoaccess.gov/ecfr/.
II. Background
In the Federal Register of October 8,
2004 (69 FR 60320) (FRL–7308–2), EPA
proposed to amend various sections of
40 CFR parts 9, 23, 163, and 177–180
pertaining to pesticide chemical
tolerances to make them consistent with
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Fmt 4700
Sfmt 4700
the changes to section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, contained in the Food
Quality Protection Act of 1996 (FQPA).
These proposed changes were primarily
procedural in nature.
Two substantive comments were
received on the proposal. EPA’s
response to these two comments is
contained in Unit IV. In brief, neither of
these comments objected to the changes
proposed by EPA; rather, the
commenters argued that EPA should
have made further changes to the
tolerance regulations. As explained in
Unit IV., EPA believes that certain
additional changes in this regulation are
merited based on the comments.
Further, as explained in Unit III., EPA
has identified several additional minor
changes to the tolerance regulations that
help to conform the existing tolerance
regulations to the changes made by the
FQPA.
Accordingly, other than the
modifications identified in Units III. and
IV., EPA is adopting in the final rule its
revisions to the FFDCA tolerance
regulations as proposed.
III. Additional Changes To Tolerance
Regulations Identified by EPA
EPA proposed to amend 40 CFR
178.37(c) by removing language that
specified that the effective date for an
order responding to objections ‘‘must
not be earlier than the 90th day after it
is published unless the order contains
findings as to the existence of
emergency conditions that necessitate
an earlier effective date.’’ See 40 CFR
178.37(c). The 90–day limitation on
effectiveness was drawn directly from
FFDCA section 408 prior to its
amendment by the FQPA. Specifically,
prior section 408(d)(5) stated that ‘‘[n]o
order [following a hearing on a tolerance
regulation] shall take effect prior to the
ninetieth day after its publication,
unless the Administrator finds that
emergency conditions exist
necessitating an earlier effective date, in
which event the Administrator shall
specify in the order of his findings as to
such conditions.’’ 21 U.S.C. 346a(d)(5)
(1994). That language, however, was
dropped from section 408 upon its
amendment by the FQPA. See 21 U.S.C.
346a(g)(2)(C). Similar language requiring
a 90–day delay in effectiveness also
appears in 40 CFR 179.105(b)(ii). EPA
inadvertently missed this obsolete
requirement in 40 CFR part 179 in
issuing its proposal. Because removal of
this language is consistent with the
revised statute and the proposal, EPA is
deleting the 90–day limitation on
effectiveness from 40 CFR 179.105(b)(ii)
as well as from 40 CFR 178.37(c).
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]]>Agencies
[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33352-33354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11321]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-05-007]
RIN 1625-AA87
Security Zone: Portland Rose Festival on Willamette River
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is permanently amending the Portland Rose
Festival on Willamette River security zone. This regulation is enforced
annually during the Portland, Oregon Rose Festival on the waters of the
Willamette River between the Hawthorne and Steel Bridges. The current
regulation does not accurately describe the enforcement period. The
change clarifies the annual enforcement period for this regulation.
This change will better inform the boating public and improve the level
of safety at this event. Entry into the area established is prohibited
unless authorized by the Captain of the Port.
DATES: This rule is effective June 8, 2005. In 2005, 33 CFR 165.1312
will be enforced on Wednesday, June 8, through Monday, June 13.
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 (CGD13-05-007) and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office, c/o Captain of the
Port, 6767 North Basin Avenue Portland, OR 97217. Marine Safety Office
Portland, Oregon between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST1 Charity Keuter, c/o Captain of
the Port Portland, OR 6767 North Basin Avenue Portland, OR 97217 at
(503) 240-9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 9, 2005, we published a notice of proposed rulemaking (NPRM)
entitled ``Security Zone: Portland Rose Festival on Willamette River''
in the Federal Register (70 FR 24342). We received no letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
Under 5 U.S.C. 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. Earlier notice was not provided to
the Coast Guard that the regulation as written would not provide the
required security for the vessels participating in the 2005 Portland
Rose Festival. Any delay encountered in this regulation's effective
date would be contrary to public interest because immediate action is
necessary to ensure the safety and security of the participating
vessels.
Background and Purpose
Each year in June, the annual Portland, Oregon Rose Festival is
held on the waters of the Willamette River near Portland, Oregon. On
May 29, 2003, the Coast Guard published a final rule (68 FR 31979)
establishing a security zone, in 33 CFR 165.1312, for the security of
naval vessels on a portion of the Willamette River during the fleet
week of the Rose Festival. The security zone in 33 CFR 165.1312 is
enforced each year during the event to provide for public safety by
controlling the movement of vessel traffic in the regulated area. The
current regulation does not accurately describe the enforcement period.
This rule permanently amends 33 CFR 165.1312 requiring compliance
with the regulation each year from the first Wednesday in June falling
on the 4th or later through the following Monday in June. Specific
times of compliance will be published in the Federal Register each year
as a notice of enforcement.
The regulated area and the security zone remain unchanged.
Discussion of Comments and Changes
The Coast Guard received no comments and thus has made no changes
from the proposed rule.
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 Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This expectation is based on the fact that the
regulated area of the Willamette River is a small area, enforced for a
short period of time, and it is established for the benefit and safety
of the recreational boating public.
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
may be small entities: The owners and operators of vessels intending to
transit or anchor in the security zone during the times this zone is
enforced. This security zone will
[[Page 33353]]
not have a significant economic impact on a substantial number of small
entities for the following reasons: Vessels desiring to transit this
area of the Willamette River may do so by scheduling their trips in the
early morning or evening when the restrictions on general navigation
imposed by this section will not be in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. 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 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.
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).
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 the rule has a substantial direct effect on State or
local governments and would 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 may
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) of the Instruction from further
environmental documentation. The Coast Guard has determined that
because this security zone will not last longer than one week in
duration that it should be ``Categorically Excluded''. Under figure 2-
1, paragraph (34)(g), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. In Sec. Sec. 165.1312 revise paragraph (d) to read as follows:
[[Page 33354]]
Sec. 165.1312 Security Zone; Portland Rose Festival on Willamette
River.
* * * * *
(d) Enforcement period. This section is enforced annually in June
from the first Wednesday in June falling on the 4th or later through
the following Monday in June. The event will be 6 days in length and
the specific dates of enforcement will be published each year in the
Federal Register. In 2005, the zone will be enforced on Wednesday, June
8, through Monday, June 13.
Dated: June 1, 2005.
Paul D. Jewell,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 05-11321 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-15-P
