80_FR_27658 80 FR 27565 - Safety Zone; Portland Dragon Boat Races, Portland, OR

80 FR 27565 - Safety Zone; Portland Dragon Boat Races, Portland, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 93 (May 14, 2015)

Page Range27565-27567
FR Document2015-11018

The Coast Guard is establishing a safety zone in Portland, OR. This safety zone is necessary to help ensure the safety of the maritime public during the annual marine event and will do so by prohibiting unauthorized persons and vessels from entering the regulated area unless authorized by the Sector Columbia River Captain of the Port or his designated representatives.

Federal Register, Volume 80 Issue 93 (Thursday, May 14, 2015)
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Rules and Regulations]
[Pages 27565-27567]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11018]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0492]
RIN 1625-AA00


Safety Zone; Portland Dragon Boat Races, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in Portland, OR. 
This safety zone is necessary to help ensure the safety of the maritime 
public during the annual marine event and will do so by prohibiting 
unauthorized persons and vessels from entering the regulated area 
unless authorized by the Sector Columbia River Captain of the Port or 
his designated representatives.

DATES: This rule is effective June 15, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number [USCG-2014-0492]. To view documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Open Docket Folder'' on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may submit comments identified by docket number USCG-2014-0492 
using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Kenneth Lawrenson, Waterways Management Division, Marine 
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
msupdxwwm@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    An interim rule was used for the establishment of the 2014 Portland 
Dragon Boat Races and was published as USCG-2014-0492 in the Federal 
Register on October 21, 2014 with a comment period that ended on 
November 20, 2014. Three comments were received and no requests for a 
public meeting were received by the Coast Guard. All three comments 
received were generally supportive of the event. The comments received 
and the answers to comments are covered in the ``Discussion of 
Comments, Changes and the Final Rule'' section, below.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish 
safety zones in 33 CFR 1.05-1(f) for safety and environmental purposes 
as described in 33 CFR part 165.
    Regattas create the potential for complex navigation situations 
because of the large number of vessels that congregate near the event. 
In addition, the dragon boats involved in this regatta are not power 
driven vessels and consequently are limited in their ability to 
maneuver. This safety zone is necessary in order to ensure the safety 
of the maritime public in the proximity of marine event sites and 
reduce the risk of collision with the non-power driven vessels involved 
in the race.

C. Discussion of Comments, Changes and the Final Rule

    As discussed above, in the ``Regulatory History and Information'' 
section, there were three comments received on the Temporary Interim 
Rule, published as USCG-2014-0492, for the 2014 Portland Dragon Boat 
Races. The first commenter was a cat and stated that they agreed that 
the safety of people is important. The Coast Guard agrees. The second 
commenter asked, ``What is a dragon boat and where can I find one?'' A 
dragon boat is a vessel propelled with paddles by a large crew and used 
for racing. Sources for these vessels are beyond the scope of this 
rulemaking. The third commenter recommended that the safety zone cover 
a larger area, based on the event's recent rise in popularity in the 
Portland area. The Coast Guard agrees that the Portland Dragon Boat 
Festival has seen recent increases in attendance and participation; 
however the racing route has remained unchanged. Given that race 
managers limit the number of participants on the water at any specific 
time, the Coast Guard has determined that the current safety zone is 
adequate to protect the interests of safe navigation.

D. Discussion of the Final Rule

    The Final Rule finalizes the interim Safety Zone in the Thirteenth 
Coast Guard District without changes.

[[Page 27566]]

    This regulated area is located along the western side of the 
Willamette River extending from Tom McCall Waterfront Park between the 
Hawthorne and Marquam Bridges, Portland, OR. The center span of the 
Hawthorne and Marquam bridges will be left open to allow commercial 
traffic through during the event. This event will take place from 8:00 
a.m. to 6:00 p.m. on the first or second Saturday and Sunday of 
September. The zone is short in duration and will allow waterway users 
to enter or transit through the zone when deemed safe by the Captain of 
the Port or his designated representative.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard has made 
this determination based on the fact that the regulated area created by 
this rule will not significantly affect the maritime public because 
vessels may still coordinate their transit with the Coast Guard in the 
vicinity of the safety zone. Additionally, the Safety Zone which will 
be enforced is minimal in duration.

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 did not receive comments from the Small Business 
Administration on this rule.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
operate in the area covered by the safety zone.
    The rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
regulated area is limited in size; (ii) the official on-scene patrol 
may authorize access to the regulated area; (iii) the regulated area 
will affect a limited geographical location for a limited time; (iv) 
the Coast Guard will make notifications via maritime advisories so 
mariners can adjust their plans accordingly; and (v) vessel traffic 
will be able to pass the safety zone with permission from the COTP 
representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian

[[Page 27567]]

tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves the creation of one 
safety zone around a marine event to protect the maritime public. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
For the reasons discussed in the preamble, the interim rule amending 33 
CFR part 165 which was published at 79 FR 62829 on October 21, 2014 is 
adopted as a final rule without change.

    Dated: April 17, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-11018 Filed 5-13-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Rules and Regulations                                         27565

                                            Management Directive 023–01 and                         entering the regulated area unless                    Register on October 21, 2014 with a
                                            Commandant Instruction M16475.lD,                       authorized by the Sector Columbia River               comment period that ended on
                                            which guides the Coast Guard in                         Captain of the Port or his designated                 November 20, 2014. Three comments
                                            complying with the National                             representatives.                                      were received and no requests for a
                                            Environmental Policy Act of 1969                        DATES: This rule is effective June 15,                public meeting were received by the
                                            (NEPA) (42 U.S.C. 4321–4370f), and                      2015.                                                 Coast Guard. All three comments
                                            have concluded that this action is one                                                                        received were generally supportive of
                                            of a category of actions which do not                   ADDRESSES: Documents mentioned in                     the event. The comments received and
                                            individually or cumulatively have a                     this preamble are part of Docket Number               the answers to comments are covered in
                                            significant effect on the human                         [USCG–2014–0492]. To view documents                   the ‘‘Discussion of Comments, Changes
                                            environment. This rule involves the                     mentioned in this preamble as being                   and the Final Rule’’ section, below.
                                            removal of regulation that is no longer                 available in the docket, go to http://
                                                                                                    www.regulations.gov, type the docket                  B. Basis and Purpose
                                            necessary. This rule is categorically
                                            excluded, under figure 2–1, paragraph                   number in the ‘‘SEARCH’’ box and click                  Coast Guard Captains of the Port are
                                            (32) (e), of the Instruction.                           ‘‘SEARCH.’’ Click on ‘‘Open Docket                    granted authority to establish safety
                                              Under figure 2–1, paragraph (32) (e),                 Folder’’ on the line associated with this             zones in 33 CFR 1.05–1(f) for safety and
                                            of the Instruction, an environmental                    rulemaking. You may also visit the                    environmental purposes as described in
                                            analysis checklist and a categorical                    Docket Management Facility in Room                    33 CFR part 165.
                                            exclusion determination are not                         W12–140 on the ground floor of the                      Regattas create the potential for
                                            required for this rule.                                 Department of Transportation West                     complex navigation situations because
                                                                                                    Building, 1200 New Jersey Avenue SE.,                 of the large number of vessels that
                                            List of Subjects in 33 CFR Part 117                     Washington, DC 20590, between 9 a.m.                  congregate near the event. In addition,
                                              Bridges.                                              and 5 p.m., Monday through Friday,                    the dragon boats involved in this regatta
                                                                                                    except Federal holidays.                              are not power driven vessels and
                                              For the reasons discussed in the
                                                                                                       You may submit comments identified                 consequently are limited in their ability
                                            preamble, the Coast Guard amends 33
                                                                                                    by docket number USCG–2014–0492                       to maneuver. This safety zone is
                                            CFR part 117 as follows:
                                                                                                    using any one of the following methods:               necessary in order to ensure the safety
                                            PART 117—DRAWBRIDGE                                        (1) Federal e-Rulemaking Portal:                   of the maritime public in the proximity
                                            OPERATION REGULATIONS                                   http://www.regulations.gov.                           of marine event sites and reduce the risk
                                                                                                       (2) Fax: 202–493–2251.                             of collision with the non-power driven
                                            ■ 1. The authority citation for Part 117                   (3) Mail or Delivery: Docket                       vessels involved in the race.
                                            continues to read as follows:                           Management Facility (M–30), U.S.
                                                                                                    Department of Transportation, West                    C. Discussion of Comments, Changes
                                              Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                                                                    and the Final Rule
                                                                                                    Building Ground Floor, Room W12–140,
                                            Department of Homeland Security Delegation
                                            No. 0170.1.                                             1200 New Jersey Avenue SE.,                              As discussed above, in the
                                                                                                    Washington, DC 20590–0001. Deliveries                 ‘‘Regulatory History and Information’’
                                            § 117.327   [Removed]                                   accepted between 9 a.m. and 5 p.m.,                   section, there were three comments
                                            ■   2. Remove § 117.327.                                Monday through Friday, except federal                 received on the Temporary Interim
                                                                                                    holidays. The telephone number is 202–                Rule, published as USCG–2014–0492,
                                              Dated: April 30, 2015.                                366–9329. See the ‘‘Public Participation              for the 2014 Portland Dragon Boat
                                            Kevin S. Cook,                                          and Request for Comments’’ portion of                 Races. The first commenter was a cat
                                            Rear Admiral, U.S. Coast Guard, Commander,              the SUPPLEMENTARY INFORMATION section                 and stated that they agreed that the
                                            Eighth Coast Guard District.                            below for further instructions on                     safety of people is important. The Coast
                                            [FR Doc. 2015–11679 Filed 5–13–15; 8:45 am]             submitting comments. To avoid                         Guard agrees. The second commenter
                                            BILLING CODE 9110–04–P                                  duplication, please use only one of                   asked, ‘‘What is a dragon boat and
                                                                                                    these three methods.                                  where can I find one?’’ A dragon boat
                                                                                                    FOR FURTHER INFORMATION CONTACT: If                   is a vessel propelled with paddles by a
                                            DEPARTMENT OF HOMELAND                                  you have questions on this rule, call or              large crew and used for racing. Sources
                                            SECURITY                                                email Kenneth Lawrenson, Waterways                    for these vessels are beyond the scope
                                                                                                    Management Division, Marine Safety                    of this rulemaking. The third
                                            Coast Guard                                                                                                   commenter recommended that the
                                                                                                    Unit Portland, Coast Guard; telephone
                                                                                                    503–240–9319, email msupdxwwm@                        safety zone cover a larger area, based on
                                            33 CFR Part 165                                                                                               the event’s recent rise in popularity in
                                                                                                    uscg.mil. If you have questions on
                                            [Docket Number USCG–2014–0492]                          viewing or submitting material to the                 the Portland area. The Coast Guard
                                                                                                    docket, call Cheryl Collins, Program                  agrees that the Portland Dragon Boat
                                            RIN 1625–AA00
                                                                                                    Manager, Docket Operations, telephone                 Festival has seen recent increases in
                                            Safety Zone; Portland Dragon Boat                       (202) 366–9826.                                       attendance and participation; however
                                            Races, Portland, OR                                     SUPPLEMENTARY INFORMATION:                            the racing route has remained
                                                                                                                                                          unchanged. Given that race managers
                                            AGENCY:    Coast Guard, DHS.                            Table of Acronyms                                     limit the number of participants on the
                                            ACTION:   Final rule.                                   DHS Department of Homeland Security                   water at any specific time, the Coast
                                                                                                    FR Federal Register                                   Guard has determined that the current
                                            SUMMARY:   The Coast Guard is                           NPRM Notice of Proposed Rulemaking                    safety zone is adequate to protect the
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                                            establishing a safety zone in Portland,                                                                       interests of safe navigation.
                                            OR. This safety zone is necessary to                    A. Regulatory History and Information
                                            help ensure the safety of the maritime                    An interim rule was used for the                    D. Discussion of the Final Rule
                                            public during the annual marine event                   establishment of the 2014 Portland                      The Final Rule finalizes the interim
                                            and will do so by prohibiting                           Dragon Boat Races and was published as                Safety Zone in the Thirteenth Coast
                                            unauthorized persons and vessels from                   USCG–2014–0492 in the Federal                         Guard District without changes.


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                                            27566               Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Rules and Regulations

                                               This regulated area is located along                 entities: The owners and operators of                 Federalism, if it has a substantial direct
                                            the western side of the Willamette River                vessels intending to operate in the area              effect on the States, on the relationship
                                            extending from Tom McCall Waterfront                    covered by the safety zone.                           between the national government and
                                            Park between the Hawthorne and                             The rule will not have a significant               the States, or on the distribution of
                                            Marquam Bridges, Portland, OR. The                      economic impact on a substantial                      power and responsibilities among the
                                            center span of the Hawthorne and                        number of small entities for the                      various levels of government. We have
                                            Marquam bridges will be left open to                    following reasons: (i) The regulated area             analyzed this rule under that Order and
                                            allow commercial traffic through during                 is limited in size; (ii) the official on-             determined that this rule does not have
                                            the event. This event will take place                   scene patrol may authorize access to the              implications for federalism.
                                            from 8:00 a.m. to 6:00 p.m. on the first                regulated area; (iii) the regulated area
                                                                                                    will affect a limited geographical                    6. Protest Activities
                                            or second Saturday and Sunday of
                                            September. The zone is short in                         location for a limited time; (iv) the Coast             The Coast Guard respects the First
                                            duration and will allow waterway users                  Guard will make notifications via                     Amendment rights of protesters.
                                            to enter or transit through the zone                    maritime advisories so mariners can                   Protesters are asked to contact the
                                            when deemed safe by the Captain of the                  adjust their plans accordingly; and (v)               person listed in the FOR FURTHER
                                            Port or his designated representative.                  vessel traffic will be able to pass the               INFORMATION CONTACT section to
                                                                                                    safety zone with permission from the                  coordinate protest activities so that your
                                            E. Regulatory Analyses                                  COTP representative.                                  message can be received without
                                              We developed this rule after                             If you think that your business,                   jeopardizing the safety or security of
                                            considering numerous statutes and                       organization, or governmental                         people, places or vessels.
                                            executive orders related to rulemaking.                 jurisdiction qualifies as a small entity
                                            Below we summarize our analyses                                                                               7. Unfunded Mandates Reform Act
                                                                                                    and that this rule would have a
                                            based on these statutes and executive                   significant economic impact on it,                      The Unfunded Mandates Reform Act
                                            orders.                                                 please submit a comment (see                          of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                    ADDRESSES) explaining why you think it                Federal agencies to assess the effects of
                                            1. Regulatory Planning and Review                                                                             their discretionary regulatory actions. In
                                                                                                    qualifies and how and to what degree
                                               This rule is not a significant                       this rule would economically affect it.               particular, the Act addresses actions
                                            regulatory action under section 3(f) of                                                                       that may result in the expenditure by a
                                            Executive Order 12866, Regulatory                       3. Assistance for Small Entities                      State, local, or tribal government, in the
                                            Planning and Review, as supplemented                       Under section 213(a) of the Small                  aggregate, or by the private sector of
                                            by Executive Order 13563, Improving                     Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                            Regulation and Regulatory Review, and                   Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                            does not require an assessment of                       we want to assist small entities in                   will not result in such expenditure, we
                                            potential costs and benefits under                      understanding this rule. If the rule                  do discuss the effects of this rule
                                            section 6(a)(3) of Executive Order 12866                would affect your small business,                     elsewhere in this preamble.
                                            or under section 1 of Executive Order                   organization, or governmental
                                            13563. The Office of Management and                     jurisdiction and you have questions                   8. Taking of Private Property
                                            Budget has not reviewed it under those                  concerning its provisions or options for                This rule will not cause a taking of
                                            Orders. The Coast Guard has made this                   compliance, please contact the person                 private property or otherwise have
                                            determination based on the fact that the                listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                            regulated area created by this rule will                CONTACT above.                                        Order 12630, Governmental Actions and
                                            not significantly affect the maritime                      Small businesses may send comments                 Interference with Constitutionally
                                            public because vessels may still                        on the actions of Federal employees                   Protected Property Rights.
                                            coordinate their transit with the Coast                 who enforce, or otherwise determine
                                                                                                                                                          9. Civil Justice Reform
                                            Guard in the vicinity of the safety zone.               compliance with, Federal regulations to
                                            Additionally, the Safety Zone which                     the Small Business and Agriculture                      This rule meets applicable standards
                                            will be enforced is minimal in duration.                Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                                                                                    and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                            2. Impact on Small Entities                                                                                   minimize litigation, eliminate
                                                                                                    Regulatory Fairness Boards. The
                                               The Regulatory Flexibility Act of 1980               Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                            (RFA), 5 U.S.C. 601–612, as amended,                    annually and rates each agency’s                      10. Protection of Children From
                                            requires federal agencies to consider the               responsiveness to small business. If you              Environmental Health Risks
                                            potential impact of regulations on small                wish to comment on actions by
                                            entities during rulemaking. The term                    employees of the Coast Guard, call 1–                   We have analyzed this rule under
                                            ‘‘small entities’’ comprises small                      888–REG–FAIR (1–888–734–3247). The                    Executive Order 13045, Protection of
                                            businesses, not-for-profit organizations                Coast Guard will not retaliate against                Children from Environmental Health
                                            that are independently owned and                        small entities that question or complain              Risks and Safety Risks. This rule is not
                                            operated and are not dominant in their                  about this rule or any policy or action               an economically significant rule and
                                            fields, and governmental jurisdictions                  of the Coast Guard.                                   does not create an environmental risk to
                                            with populations of less than 50,000.                                                                         health or risk to safety that may
                                               The Coast Guard did not receive                      4. Collection of Information                          disproportionately affect children.
                                            comments from the Small Business                           This rule will not call for a new                  11. Indian Tribal Governments
                                            Administration on this rule.                            collection of information under the
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                                               The Coast Guard certifies under 5                    Paperwork Reduction Act of 1995 (44                     This rule does not have tribal
                                            U.S.C. 605(b) that this rule will not have              U.S.C. 3501–3520).                                    implications under Executive Order
                                            a significant economic impact on a                                                                            13175, Consultation and Coordination
                                            substantial number of small entities.                   5. Federalism                                         with Indian Tribal Governments,
                                               This rule may affect the following                      A rule has implications for federalism             because it does not have a substantial
                                            entities, some of which may be small                    under Executive Order 13132,                          direct effect on one or more Indian


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                                                                Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Rules and Regulations                                           27567

                                            tribes, on the relationship between the                   Dated: April 17, 2015.                              resolved any appeals resulting from this
                                            Federal Government and Indian tribes,                   D.J. Travers,                                         notification.
                                            or on the distribution of power and                     Captain, U.S. Coast Guard, Captain of the               This final rule is issued in accordance
                                            responsibilities between the Federal                    Port, Sector Columbia River.                          with section 110 of the Flood Disaster
                                            Government and Indian tribes.                           [FR Doc. 2015–11018 Filed 5–13–15; 8:45 am]           Protection Act of 1973, 42 U.S.C. 4104,
                                            12. Energy Effects
                                                                                                    BILLING CODE 9110–04–P                                and 44 CFR part 67. FEMA has
                                                                                                                                                          developed criteria for floodplain
                                              This action is not a ‘‘significant                                                                          management in floodprone areas in
                                                                                                    DEPARTMENT OF HOMELAND                                accordance with 44 CFR part 60.
                                            energy action’’ under Executive Order
                                                                                                    SECURITY
                                            13211, Actions Concerning Regulations                                                                           Interested lessees and owners of real
                                            That Significantly Affect Energy Supply,                Federal Emergency Management                          property are encouraged to review the
                                            Distribution, or Use.                                   Agency                                                proof Flood Insurance Study and FIRM
                                                                                                                                                          available at the address cited below for
                                            13. Technical Standards                                                                                       each community. The BFEs and
                                                                                                    44 CFR Part 67
                                              This rule does not use technical                                                                            modified BFEs are made final in the
                                            standards. Therefore, we did not                        [Docket ID FEMA–2014–0002]                            communities listed below. Elevations at
                                            consider the use of voluntary consensus                                                                       selected locations in each community
                                                                                                    Final Flood Elevation Determinations                  are shown.
                                            standards.
                                                                                                    AGENCY:  Federal Emergency                               National Environmental Policy Act.
                                            14. Environment                                         Management Agency, DHS.                               This final rule is categorically excluded
                                                                                                    ACTION: Final rule.
                                                                                                                                                          from the requirements of 44 CFR part
                                              We have analyzed this rule under
                                                                                                                                                          10, Environmental Consideration. An
                                            Department of Homeland Security
                                                                                                    SUMMARY:   Base (1-percent-annual-                    environmental impact assessment has
                                            Management Directive 023–01 and                                                                               not been prepared.
                                            Commandant Instruction M16475.lD,                       chance) Flood Elevations (BFEs) and
                                            which guide the Coast Guard in                          modified BFEs are made final for the                     Regulatory Flexibility Act. As flood
                                                                                                    communities listed below. The BFEs                    elevation determinations are not within
                                            complying with the National
                                                                                                    and modified BFEs are the basis for the               the scope of the Regulatory Flexibility
                                            Environmental Policy Act of 1969
                                                                                                    floodplain management measures that                   Act, 5 U.S.C. 601–612, a regulatory
                                            (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                    each community is required either to                  flexibility analysis is not required.
                                            have made a preliminary determination                   adopt or to show evidence of being
                                            that this action is one of a category of                                                                        Regulatory Classification. This final
                                                                                                    already in effect in order to qualify or
                                            actions that do not individually or                                                                           rule is not a significant regulatory action
                                                                                                    remain qualified for participation in the
                                            cumulatively have a significant effect on                                                                     under the criteria of section 3(f) of
                                                                                                    National Flood Insurance Program
                                            the human environment. This rule                                                                              Executive Order 12866 of September 30,
                                                                                                    (NFIP).
                                            involves the creation of one safety zone                                                                      1993, Regulatory Planning and Review,
                                            around a marine event to protect the                    DATES:  The date of issuance of the Flood             58 FR 51735.
                                            maritime public. This rule is                           Insurance Rate Map (FIRM) showing                       Executive Order 13132, Federalism.
                                            categorically excluded from further                     BFEs and modified BFEs for each                       This final rule involves no policies that
                                                                                                    community. This date may be obtained                  have federalism implications under
                                            review under paragraph 34(g) of Figure
                                                                                                    by contacting the office where the maps               Executive Order 13132.
                                            2–1 of the Commandant Instruction. A
                                                                                                    are available for inspection as indicated
                                            preliminary environmental analysis                      in the table below.                                     Executive Order 12988, Civil Justice
                                            checklist supporting this determination                                                                       Reform. This final rule meets the
                                                                                                    ADDRESSES: The final BFEs for each
                                            and a Categorical Exclusion                                                                                   applicable standards of Executive Order
                                            Determination are available in the                      community are available for inspection                12988.
                                                                                                    at the office of the Chief Executive
                                            docket where indicated under
                                                                                                    Officer of each community. The                        List of Subjects in 44 CFR Part 67
                                            ADDRESSES. We seek any comments or
                                                                                                    respective addresses are listed in the
                                            information that may lead to the                                                                                Administrative practice and
                                                                                                    table below.
                                            discovery of a significant environmental                                                                      procedure, Flood insurance, Reporting
                                            impact from this rule.                                  FOR FURTHER INFORMATION CONTACT: Luis
                                                                                                                                                          and recordkeeping requirements.
                                                                                                    Rodriguez, Chief, Engineering
                                            List of Subjects in 33 CFR Part 165                     Management Branch, Federal Insurance                    Accordingly, 44 CFR part 67 is
                                                                                                    and Mitigation Administration, Federal                amended as follows:
                                              Harbors, Marine safety, Navigation                    Emergency Management Agency, 500 C
                                            (water), Reporting and recordkeeping                    Street SW., Washington, DC 20472,                     PART 67—[AMENDED]
                                            requirements, Security measures,                        (202) 646–4064, or (email)
                                            Waterways.                                              Luis.Rodriguez3@fema.dhs.gov.                         ■ 1. The authority citation for part 67
                                                                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                                                                          continues to read as follows:
                                            PART 165—REGULATED NAVIGATION
                                                                                                    Federal Emergency Management Agency                     Authority: 42 U.S.C. 4001 et seq.;
                                            AREAS AND LIMITED ACCESS AREAS                                                                                Reorganization Plan No. 3 of 1978, 3 CFR,
                                                                                                    (FEMA) makes the final determinations
                                                                                                    listed below for the modified BFEs for                1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
tkelley on DSK3SPTVN1PROD with RULES




                                            ■ For the reasons discussed in the                      each community listed. These modified                 3 CFR, 1979 Comp., p. 376.
                                            preamble, the interim rule amending 33                  elevations have been published in                     § 67.11    [Amended]
                                            CFR part 165 which was published at 79                  newspapers of local circulation and 90
                                            FR 62829 on October 21, 2014 is                         days have elapsed since that                          ■ 2. The tables published under the
                                            adopted as a final rule without change.                 publication. The Deputy Associate                     authority of § 67.11 are amended as
                                                                                                    Administrator for Mitigation has                      follows:


                                       VerDate Sep<11>2014   17:34 May 13, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\14MYR1.SGM    14MYR1



Document Created: 2015-12-15 15:33:12
Document Modified: 2015-12-15 15:33:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 15, 2015.
ContactIf you have questions on this rule, call or email Kenneth Lawrenson, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 27565 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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