Security Zone; Portland Rose Festival on Willamette River, Portland, OR, 31467-31470 [2015-13397]
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Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0459]
Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs three Seattle
Department of Transportation bridges:
The Ballard Bridge, mile 1.1, the
Fremont Bridge, mile 2.6, and the
University Bridge, mile 4.3, all crossing
the Lake Washington Ship Canal at
Seattle, WA. The deviation is necessary
to accommodate heavier than normal
roadway traffic associated with a
fireworks display over Lake Union. This
deviation allows the bridges to remain
in the closed-to-navigation position
prior to and immediately after the
fireworks display.
DATES: This deviation is effective from
9 p.m. on July 4, 2015 to 1 a.m. on July
05, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0459] is
available at 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 deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: Seattle
Department of Transportation (SDOT)
has requested a temporary deviation
from the operating schedule for the
Ballard Bridge, mile 1.1, the Fremont
Bridge, mile 2.6, and the University
Bridge, mile 4.3, all crossing the Lake
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SUMMARY:
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Washington Ship Canal at Seattle, WA.
The requested deviation is to
accommodate heavier than normal
roadway traffic associated with the 4th
of July fireworks display over Lake
Union, Seattle, WA. The deviation
period is from 9 p.m. on July 4, 2015 to
1 a.m. on July 05, 2015. To facilitate this
event, the draws of the bridges will be
maintained in the closed-to-navigation
positions as follows: the Fremont
Bridge, mile 2.6, need not open for
vessel traffic from 9 p.m. on July 4, 2015
to 12:30 a.m. on July 5, 2015; the Ballard
Bridge, mile 1.1, and the University
Bridge, mile 4.3, need not open for
vessel traffic from 10 p.m. on July 4,
2015 to 1 a.m. July 5, 2015.
The Ballard Bridge, mile 1.1, provides
a vertical clearance of 29 feet in the
closed position, the Fremont Bridge,
mile 2.6, provides a vertical clearance of
14 feet in the closed position, and the
University Bridge, mile 4.3, provides a
vertical clearance of 30 feet in the
closed position; all clearances are
referenced to the mean water elevation
of Lake Washington. The normal
operating schedule for all three bridges
is in accordance with 33 CFR 117.1051
stating; all three bridges need not open
from 7 a.m. to 9 a.m. and from 4 p.m.
to 6 p.m. Monday through Friday for
vessels less than 1000 tons. The normal
operating schedule for these bridges also
requires one hour advance notification
for bridge openings between 11 p.m.
and 7 a.m. daily. Waterway usage on the
Lake Washington Ship Canal ranges
from commercial tug and barge to small
pleasure craft.
Vessels able to pass through the
bridge in the closed positions may do so
at anytime. The bridge will be able to
open for emergency vessel responding
to emergencies, and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 28, 2015
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–13417 Filed 6–2–15; 8:45 am]
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31467
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0484]
RIN 1625–AA87
Security Zone; Portland Rose Festival
on Willamette River, Portland, OR
Coast Guard, DHS.
Interim final rule.
AGENCY:
ACTION:
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. This final
rule will eliminate inconsistencies
between the actual event dates and the
enforcement period published in the
Code of Federal Regulations. This will
serve to better inform the public of the
security zone.
DATES: This rule is effective on June 3,
2015. This rule will be enforced on
JUNE 3, 2015 through JUNE 8, 2015.
Comments and related material must
be received by the Coast Guard on or
before July 6, 2015.
Requests for public meetings must be
received by the Coast Guard June 10,
2015.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2015–0484. 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, using any one of the
following methods:
(1) Federal eRulemaking 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.,
SUMMARY:
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Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Rules and Regulations
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 Mr. Ken Lawrenson, Waterways
Management Division, MSU Portland,
Oregon, 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
TFR Temporary Final Rule
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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
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 in the ‘‘SEARCH’’ box
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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).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, 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 security zone that is the subject
of this rulemaking was first established
as of June 4, 2003 following the Coast
Guard’s publication of a final rule in the
Federal Register on May 29, 2003 (68
FR 31978). On June 8, 2005, the Coast
Guard published a final rule in the
Federal Register revising the
enforcement period of the security zone
(70 FR 33352). In this action, the Coast
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Guard is revising the enforcement
section of the security zone to eliminate
inconsistencies between the actual
event dates and the published
enforcement period that currently
appears in 33 CFR 165.1312. This will
serve to better inform the public of the
security zone.
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. Waiting for a
30-day notice period to run would be
impracticable because the Coast Guard
did not receive the necessary
information in time for this regulation to
undertake both an NPRM and a 30-day
delayed effective date. Additionally,
waiting for a 30-day notice period to run
would be impracticable, as delayed
promulgation may result in injury or
damage to persons and vessels from the
hazards associated with the Festival.
Furthermore, the changes made by this
final rule address the enforcement
period. As no changes will be made to
the regulation in any other aspect, it is
unnecessary for the Coast Guard to
publish an NPRM with a notice and
comment period. As currently
published, the security zone
enforcement period is not inclusive of
the dates for the 2015 event and
possible future event dates.
C. Basis and Purpose
The basis for this rule is 33 U.S.C.
1231; 50 U.S.C. 191; 33 CFR 1.05–1,
6.04–1, 6.04–6, and 160.5; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish security zones.
This final rule will eliminate
inconsistencies with the actual event
dates and the enforcement period that
currently appears in 33 CFR 165.1312.
This will serve to better inform the
public of the security zone.
D. Discussion of the Interim Rule
This rule will revise 33 CFR 165.1312
paragraph (d) to indicate that the
regulation will be enforced annually in
June for a period of 6 days.
Additionally, we note that the specific
dates of enforcement will be published
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each year in the Federal Register. In
2015, the zone will be enforced on
Wednesday, June 3, through Monday,
June 8.
This change will allow the Coast
Guard to more accurately notify the
public of the security zone by
eliminating the scenarios in which the
actual event dates would fall outside the
published enforcement period.
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.
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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 bases this
finding on the fact that the no changes
to the security zone were made beyond
clarifying the enforcement period.
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 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 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.
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
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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 an expenditure,
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31469
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 determined 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
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Federal Register / Vol. 80, No. 106 / Wednesday, June 3, 2015 / Rules and Regulations
revision of the enforcement period in 33
CFR 165.1312(d). This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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 AREA.
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.1312 revise paragraph (d)
to read as follows:
■
§ 165.1312 Security Zone; Portland Rose
Festival on Willamette River.
*
*
*
*
*
(d) Enforcement period. This section
is enforced annually 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
2015, the zone will be enforced on
Wednesday, June 3, through Monday,
June 8.
Dated: May 11, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2015–13397 Filed 6–2–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2004–0505; FRL–9928–25–
OAR]
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RIN 2060–AS42
Completion of Requirement To
Promulgate Emissions Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this action the
Environmental Protection Agency (EPA)
finalizes its proposed determination that
SUMMARY:
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the EPA completed its statutory
obligation under the Clean Air Act
(CAA) to promulgate emissions
standards for source categories
accounting for not less than 90 percent
of the aggregated emissions of each of
seven specific hazardous air pollutants
(HAP) enumerated in the CAA. On
December 16, 2014, the EPA published
the proposed determination that stated
the basis for the agency’s conclusion
that it completed this obligation in
February of 2011 by identifying the
promulgated standards that collectively
satisfy this obligation and provided the
public an opportunity to comment on
the EPA’s determination. This action
finalizes the EPA’s determination.
DATES: This action is effective on June
3, 2015.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID Number EPA–HQ–OAR–2004–0505.
All documents in the docket are listed
in the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(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 in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA WJC West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the EPA Docket Center is
(202) 566–1742.
FOR FURTHER INFORMATION CONTACT: For
questions about this action, contact Mr.
Nathan Topham, Office of Air Quality
Planning and Standards; Sector Policies
and Programs Division, Metals and
Inorganic Chemicals Group (D243–02);
Environmental Protection Agency;
Research Triangle Park, NC 27111;
telephone number: (919) 541–0483; fax
number: (919) 541–3207; email address:
topham.nathan@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information presented in this preamble
is organized as follows:
I. General Information
A. Where can I get a copy of this
document?
B. Judicial Review
II. Background Information
III. How has the EPA satisfied its obligation
under CAA section 112(c)(6)?
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A. What are the emissions standards that
the EPA has promulgated to meet the 90
percent requirement under CAA section
112(c)(6)?
B. What are the surrogate pollutants used
by the EPA when establishing CAA
section 112(d)(2) standards for the source
categories identified in the proposed
determination?
IV. Summary of Significant Comments and
Responses
A. General/Legal Opposition to the EPA’s
Surrogacy Determinations
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this final
action will also be available on the
Internet through the EPA’s Technology
Transfer Network (TTN) Web site, a
forum for information and technology
exchange in various areas of air
pollution control. Following signature
by the EPA Administrator, the EPA will
post a copy of this final action at:
https://www.epa.gov/ttn/atw/
eparules.html. Following publication in
the Federal Register, the EPA will post
the Federal Register version of the rule
at this same Web site.
B. Judicial Review
Under CAA section 307(b)(1), judicial
review of this final action is available
only by filing a petition for review in
the United States Court of Appeals for
the District of Columbia Circuit by
August 3, 2015. Under CAA section
307(b)(2), the requirements established
by this final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce the requirements. Section
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]]>Agencies
[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Rules and Regulations]
[Pages 31467-31470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13397]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0484]
RIN 1625-AA87
Security Zone; Portland Rose Festival on Willamette River,
Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule.
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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. This final
rule will eliminate inconsistencies between the actual event dates and
the enforcement period published in the Code of Federal Regulations.
This will serve to better inform the public of the security zone.
DATES: This rule is effective on June 3, 2015. This rule will be
enforced on JUNE 3, 2015 through JUNE 8, 2015.
Comments and related material must be received by the Coast Guard
on or before July 6, 2015.
Requests for public meetings must be received by the Coast Guard
June 10, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2015-0484. 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, using any one
of the following methods:
(1) Federal eRulemaking 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.,
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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 Mr. Ken Lawrenson, Waterways Management Division, MSU
Portland, Oregon, 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
TFR Temporary Final Rule
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 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 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, 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 security zone that is the subject of this rulemaking was first
established as of June 4, 2003 following the Coast Guard's publication
of a final rule in the Federal Register on May 29, 2003 (68 FR 31978).
On June 8, 2005, the Coast Guard published a final rule in the Federal
Register revising the enforcement period of the security zone (70 FR
33352). In this action, the Coast Guard is revising the enforcement
section of the security zone to eliminate inconsistencies between the
actual event dates and the published enforcement period that currently
appears in 33 CFR 165.1312. This will serve to better inform the public
of the security zone.
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. Waiting for a 30-day notice period to run
would be impracticable because the Coast Guard did not receive the
necessary information in time for this regulation to undertake both an
NPRM and a 30-day delayed effective date. Additionally, waiting for a
30-day notice period to run would be impracticable, as delayed
promulgation may result in injury or damage to persons and vessels from
the hazards associated with the Festival. Furthermore, the changes made
by this final rule address the enforcement period. As no changes will
be made to the regulation in any other aspect, it is unnecessary for
the Coast Guard to publish an NPRM with a notice and comment period. As
currently published, the security zone enforcement period is not
inclusive of the dates for the 2015 event and possible future event
dates.
C. Basis and Purpose
The basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
establish security zones.
This final rule will eliminate inconsistencies with the actual
event dates and the enforcement period that currently appears in 33 CFR
165.1312. This will serve to better inform the public of the security
zone.
D. Discussion of the Interim Rule
This rule will revise 33 CFR 165.1312 paragraph (d) to indicate
that the regulation will be enforced annually in June for a period of 6
days. Additionally, we note that the specific dates of enforcement will
be published
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each year in the Federal Register. In 2015, the zone will be enforced
on Wednesday, June 3, through Monday, June 8.
This change will allow the Coast Guard to more accurately notify
the public of the security zone by eliminating the scenarios in which
the actual event dates would fall outside the published enforcement
period.
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 bases
this finding on the fact that the no changes to the security zone were
made beyond clarifying the enforcement period.
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 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 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.
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 an 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 determined
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
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revision of the enforcement period in 33 CFR 165.1312(d). This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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 AREA.
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1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
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2. In Sec. 165.1312 revise paragraph (d) to read as follows:
Sec. 165.1312 Security Zone; Portland Rose Festival on Willamette
River.
* * * * *
(d) Enforcement period. This section is enforced annually 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
2015, the zone will be enforced on Wednesday, June 3, through Monday,
June 8.
Dated: May 11, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-13397 Filed 6-2-15; 8:45 am]
BILLING CODE 9110-04-P
