Safety Zone; TriMet Tilikum Crossing Bridge Fireworks Display, Willamette River, Portland, OR, 48252-48254 [2015-19815]
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48252
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0510]
RIN 1625–AA00
Safety Zone; TriMet Tilikum Crossing
Bridge Fireworks Display, Willamette
River, Portland, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Willamette River in the vicinity of
the TriMet Tilikum Crossing Bridge in
Portland, OR. This safety zone is
necessary to help ensure the safety of
the maritime public during a fireworks
display and will do so by prohibiting
unauthorized persons and vessels from
entering the safety zones unless
authorized by the Sector Columbia River
Captain of the Port or his designated
representatives.
SUMMARY:
This rule is effective from 8:30
p.m. until 9:30 p.m. on August 22, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0510]. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ken 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:
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DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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18:35 Aug 11, 2015
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The Coast Guard is issuing this
temporary 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. The Coast Guard did not
receive the necessary information in
time for this regulation to undertake
both an NPRM prior to the scheduled
event.
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 due to the late notification of
this event and because the event will
have occurred before comments could
have been taken. 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 fireworks
displays.
B. Basis and Purpose
The legal 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;
Department of Homeland Security
Delegation No. 0170.1; which
collectively authorize the Coast Guard
to establish regulatory safety zones for
safety and environmental purposes.
Fireworks displays create hazardous
conditions for the maritime public
because of the large number of vessels
that congregate near the displays, as
well as the noise, falling debris, and
explosions that occur during the event.
This safety zone is necessary in order to
reduce vessel traffic congestion in the
proximity of fireworks discharge sites
and to prevent vessel traffic within the
fallout zone of the fireworks.
C. Discussion of the Temporary Final
Rule
This rule establishes one safety zone
in the Sector Columbia River Captain of
the Port Zone.
The safety zone will encompass all
waters, bank to bank of the Willamette
River, in Portland, Oregon enclosed by
the Marquam and Ross Island Bridges.
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Fmt 4700
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This event will be held on Saturday
August 22, 2015 from 8:30 p.m. to 9:30
p.m.
D. 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
safety zone created by this rule will not
significantly affect the maritime public
because vessels may still coordinate
their transit with the Coast Guard in the
vicinity of the safety zone.
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
because the safety zones will only be in
effect for a limited period of time.
Additionally, vessels can still transit
through the zone with the permission of
the Captain of the Port. Before the
effective period, we will publish
advisories in the Local Notice to
Mariners available to users of the river.
Maritime traffic will be able to schedule
their transits around the safety zone.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
E:\FR\FM\12AUR1.SGM
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
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.
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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.
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18:35 Aug 11, 2015
Jkt 235001
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 not 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
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
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48253
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
creation of one safety zone during
fireworks displays to protect maritime
public. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. Add § 165.T13–510 to read as
follows:
■
§ 165.T13–510 Safety Zone; TriMet Tilikum
Crossing Bridge. Fireworks Display,
Willamette River, Portland, OR.
(a) Safety Zones. The following area is
a designated safety zone:
(1) Location. The safety zone will
encompass all waters, bank to bank of
the Willamette River, in Portland,
Oregon enclosed by the Marquam and
Ross Island Bridges.
(2) Enforcement Period. This event
will be held on Saturday August 22,
2015 from 8:30 p.m. to 9:30 p.m.
(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
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
representative. The Captain of the Port
may be assisted by other Federal, State,
or local agencies with the enforcement
of the safety zone.
(c) Authorization. All vessel operators
who desire to enter the safety zone must
obtain permission from the Captain of
the Port or Designated Representative by
contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the
Coast Guard Sector Columbia River
Command Center via telephone at (503)
861–6211.
(d) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Sector Columbia River
Captain of the Port to assist in enforcing
the security zones described in
paragraph (a) of this section.
Dated: June 23, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2015–19815 Filed 8–11–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AP25
Loan Guaranty: Adjustable Rate
Mortgage Notification Requirements
and Look-Back Period
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document adopts as
final, without change, a proposed rule of
the Department of Veterans Affairs (VA)
to amend its regulations that govern
adjustable rate mortgages made in
conjunction with the Home Loan
Guaranty program. These revisions align
VA’s disclosure and interest rate
adjustment requirements with the
implementing regulations of the Truth
in Lending Act (TILA), as recently
revised by the Consumer Financial
Protection Bureau (CFPB). This
rulemaking will ensure VA remains
consistent with other applicable
consumer finance and housing
regulations governing adjustable rate
mortgages.
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SUMMARY:
Effective Date: This rule is
effective September 11, 2015.
DATES:
John
Bell III, Assistant Director for Loan
Policy (262), Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
Washington, DC 20420, (202) 632–8786.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
The January 29, 2015 Proposed Rule
On January 29, 2015, VA published a
proposed rule in the Federal Register at
80 FR 4812, to revise VA’s regulations
governing adjustable rate mortgages set
forth at 38 CFR 36.4312(d). VA
proposed two amendments in this
rulemaking to ensure VA regulations
remain aligned with TILA and the
implementing regulations set forth by
the CFPB. First, VA proposed amending
38 CFR 36.4312(d)(6) so that the
requirements for the disclosures and
notifications that must be provided to
borrowers prior to an interest-rate
adjustment are cross-referenced to those
set forth in the TILA implementing
regulations at 12 CFR 1026.20(c) and
(d). Second, VA proposed amending 38
CFR 36.4312(d)(2) to require that
lenders adjust interest rates based on the
most recent interest rate index figure
available 45 days prior to the interest
rate adjustment, instead of the interest
rate index available 30 days prior to the
interest rate adjustment, as is currently
required in VA’s regulations.
The public comment period for the
proposed rule closed on March 30,
2015. VA received two comments. The
comments received on the proposed
rule are discussed below. VA adopts
without change the proposed rule that
revises VA’s adjustable rate mortgage
regulations at 38 CFR 36.4312(d) to
ensure consistency with other Federal
agency regulations.
VA received one public comment on
the proposed rule from a lender who
participates in the VA Home Loan
program. The commenter expressed
support for the rule as written and
stated that VA’s alignment with CFPB’s
rules will reduce the regulatory burden
[on lenders] and ensure protection for
Veterans and Servicemembers.
VA received one public comment on
the proposed rule from an individual.
The commenter stated that a three-year
look-back period would be detrimental
to veterans and their spouses. The
commenter explained that veterans and
their spouses currently have a good
chance of moving to an assisted living
facility of their choice or staying at
home with a caregiver, but that with a
three-year look-back period, the
majority of these individuals will no
longer have that choice. The commenter
explained that this would result in these
veterans relying on Medicaid and going
to a facility not of their choosing, which
would be more expensive.
VA believes the commenter mistook
the purpose of VA’s proposal, as the
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Frm 00020
Fmt 4700
Sfmt 4700
term look-back often relates to the
period preceding the date that a person
applies for Medicaid. VA does not
believe this regulatory change has any
impact on veterans moving to an
assisted living facility, staying with a
caregiver, or relying on Medicaid, as the
commenter stated. Instead, this change
helps ensure VA alignment with other
Federal laws and current lender
practices with regard to adjustable rate
mortgages. See 80 FR 4814. It provides
veteran borrowers who have adjustable
rate mortgages more advanced notice
and detailed disclosures regarding a
change in their interest rates, thereby
affording them a better opportunity to
respond to such changes and stay in
their homes. Therefore, VA is adopting
the proposed rule without change.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action’’ requiring review by
the Office of Management and Budget
(OMB), unless OMB waives such
review, as ‘‘any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
E:\FR\FM\12AUR1.SGM
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Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48252-48254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19815]
[[Page 48252]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0510]
RIN 1625-AA00
Safety Zone; TriMet Tilikum Crossing Bridge Fireworks Display,
Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Willamette River in the vicinity of the TriMet Tilikum Crossing Bridge
in Portland, OR. This safety zone is necessary to help ensure the
safety of the maritime public during a fireworks display and will do so
by prohibiting unauthorized persons and vessels from entering the
safety zones unless authorized by the Sector Columbia River Captain of
the Port or his designated representatives.
DATES: This rule is effective from 8:30 p.m. until 9:30 p.m. on August
22, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0510]. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ken 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
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary 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. The Coast Guard did not receive the necessary
information in time for this regulation to undertake both an NPRM prior
to the scheduled event.
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 due to the late notification of
this event and because the event will have occurred before comments
could have been taken. 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 fireworks displays.
B. Basis and Purpose
The legal 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; Department of Homeland Security
Delegation No. 0170.1; which collectively authorize the Coast Guard to
establish regulatory safety zones for safety and environmental
purposes.
Fireworks displays create hazardous conditions for the maritime
public because of the large number of vessels that congregate near the
displays, as well as the noise, falling debris, and explosions that
occur during the event. This safety zone is necessary in order to
reduce vessel traffic congestion in the proximity of fireworks
discharge sites and to prevent vessel traffic within the fallout zone
of the fireworks.
C. Discussion of the Temporary Final Rule
This rule establishes one safety zone in the Sector Columbia River
Captain of the Port Zone.
The safety zone will encompass all waters, bank to bank of the
Willamette River, in Portland, Oregon enclosed by the Marquam and Ross
Island Bridges. This event will be held on Saturday August 22, 2015
from 8:30 p.m. to 9:30 p.m.
D. 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 safety zone created by
this rule will not significantly affect the maritime public because
vessels may still coordinate their transit with the Coast Guard in the
vicinity of the safety zone.
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
because the safety zones will only be in effect for a limited period of
time. Additionally, vessels can still transit through the zone with the
permission of the Captain of the Port. Before the effective period, we
will publish advisories in the Local Notice to Mariners available to
users of the river. Maritime traffic will be able to schedule their
transits around the safety zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity
[[Page 48253]]
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 not 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
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 creation of one safety zone during
fireworks displays to protect maritime public. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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. 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.
0
2. Add Sec. 165.T13-510 to read as follows:
Sec. 165.T13-510 Safety Zone; TriMet Tilikum Crossing Bridge.
Fireworks Display, Willamette River, Portland, OR.
(a) Safety Zones. The following area is a designated safety zone:
(1) Location. The safety zone will encompass all waters, bank to
bank of the Willamette River, in Portland, Oregon enclosed by the
Marquam and Ross Island Bridges.
(2) Enforcement Period. This event will be held on Saturday August
22, 2015 from 8:30 p.m. to 9:30 p.m.
(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
[[Page 48254]]
representative. The Captain of the Port may be assisted by other
Federal, State, or local agencies with the enforcement of the safety
zone.
(c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River
Command Center via telephone at (503) 861-6211.
(d) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Sector Columbia River Captain of the Port to
assist in enforcing the security zones described in paragraph (a) of
this section.
Dated: June 23, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-19815 Filed 8-11-15; 8:45 am]
BILLING CODE 9110-04-P