80_FR_48407 80 FR 48252 - Safety Zone; TriMet Tilikum Crossing Bridge Fireworks Display, Willamette River, Portland, OR

80 FR 48252 - Safety Zone; TriMet Tilikum Crossing Bridge Fireworks Display, Willamette River, Portland, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48252-48254
FR Document2015-19815

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.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48252-48254]
From the Federal Register Online  [www.thefederalregister.org]
[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 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.

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 
[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.

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



                                                48252            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                DEPARTMENT OF HOMELAND                                  A. Regulatory History and Information                 This event will be held on Saturday
                                                SECURITY                                                   The Coast Guard is issuing this                    August 22, 2015 from 8:30 p.m. to 9:30
                                                                                                        temporary final rule without prior                    p.m.
                                                Coast Guard
                                                                                                        notice and opportunity to comment                     D. Regulatory Analyses
                                                                                                        pursuant to authority under section 4(a)                We developed this rule after
                                                33 CFR Part 165
                                                                                                        of the Administrative Procedure Act                   considering numerous statutes and
                                                                                                        (APA) (5 U.S.C. 553(b)). This provision               executive orders related to rulemaking.
                                                [Docket Number USCG–2015–0510]                          authorizes an agency to issue a rule                  Below we summarize our analyses
                                                                                                        without prior notice and opportunity to               based on these statutes and executive
                                                RIN 1625–AA00                                           comment when the agency for good                      orders.
                                                                                                        cause finds that those procedures are
                                                Safety Zone; TriMet Tilikum Crossing                    ‘‘impracticable, unnecessary, or contrary             1. Regulatory Planning and Review
                                                Bridge Fireworks Display, Willamette                    to the public interest.’’ Under 5 U.S.C.                 This rule is not a significant
                                                River, Portland, OR                                     553(b)(B), the Coast Guard finds that                 regulatory action under section 3(f) of
                                                AGENCY:    Coast Guard, DHS.                            good cause exists for not publishing a                Executive Order 12866, Regulatory
                                                                                                        Notice of Proposed Rulemaking (NPRM)                  Planning and Review, as supplemented
                                                ACTION:   Temporary final rule.
                                                                                                        with respect to this rule. Waiting for a              by Executive Order 13563, Improving
                                                SUMMARY:   The Coast Guard is                           30 day notice period to run would be                  Regulation and Regulatory Review, and
                                                establishing a temporary safety zone on                 impracticable. The Coast Guard did not                does not require an assessment of
                                                the Willamette River in the vicinity of                 receive the necessary information in                  potential costs and benefits under
                                                the TriMet Tilikum Crossing Bridge in                   time for this regulation to undertake                 section 6(a)(3) of Executive Order 12866
                                                Portland, OR. This safety zone is                       both an NPRM prior to the scheduled                   or under section 1 of Executive Order
                                                necessary to help ensure the safety of                  event.                                                13563. The Office of Management and
                                                the maritime public during a fireworks                     Under 5 U.S.C. 553(d)(3), the Coast                Budget has not reviewed it under those
                                                display and will do so by prohibiting                   Guard finds that good cause exists for                Orders. The Coast Guard has made this
                                                unauthorized persons and vessels from                   making this rule effective less than 30               determination based on the fact that the
                                                entering the safety zones unless                        days after publication in the Federal                 safety zone created by this rule will not
                                                authorized by the Sector Columbia River                 Register due to the late notification of              significantly affect the maritime public
                                                Captain of the Port or his designated                   this event and because the event will                 because vessels may still coordinate
                                                representatives.                                        have occurred before comments could                   their transit with the Coast Guard in the
                                                                                                        have been taken. Additionally, waiting                vicinity of the safety zone.
                                                DATES:  This rule is effective from 8:30                for a 30 day notice period to run would
                                                p.m. until 9:30 p.m. on August 22, 2015.                be impracticable as delayed                           2. Impact on Small Entities
                                                ADDRESSES: Documents mentioned in                       promulgation may result in injury or                     The Regulatory Flexibility Act of 1980
                                                this preamble are part of docket [USCG–                 damage to persons and vessels from the                (RFA), 5 U.S.C. 601–612, as amended,
                                                2015–0510]. To view documents                           hazards associated with fireworks                     requires federal agencies to consider the
                                                mentioned in this preamble as being                     displays.                                             potential impact of regulations on small
                                                available in the docket, go to http://                                                                        entities during rulemaking. The term
                                                www.regulations.gov, type the docket                    B. Basis and Purpose
                                                                                                                                                              ‘‘small entities’’ comprises small
                                                number in the ‘‘SEARCH’’ box and click                     The legal basis for this rule is: 33               businesses, not-for-profit organizations
                                                ‘‘SEARCH.’’ Click on Open Docket                        U.S.C. 1231; 50 U.S.C. 191; 33 CFR                    that are independently owned and
                                                Folder on the line associated with this                 1.05–1, 6.04–1, 6.04–6, and 160.5;                    operated and are not dominant in their
                                                rulemaking. You may also visit the                      Department of Homeland Security                       fields, and governmental jurisdictions
                                                Docket Management Facility in Room                      Delegation No. 0170.1; which                          with populations of less than 50,000.
                                                W12–140 on the ground floor of the                      collectively authorize the Coast Guard                The Coast Guard certifies under 5 U.S.C.
                                                Department of Transportation West                       to establish regulatory safety zones for              605(b) that this rule will not have a
                                                Building, 1200 New Jersey Avenue SE.,                   safety and environmental purposes.                    significant economic impact on a
                                                Washington, DC 20590, between 9 a.m.                       Fireworks displays create hazardous                substantial number of small entities.
                                                and 5 p.m., Monday through Friday,                      conditions for the maritime public                       This rule may affect the following
                                                except Federal holidays.                                because of the large number of vessels                entities, some of which may be small
                                                FOR FURTHER INFORMATION CONTACT: If                     that congregate near the displays, as                 entities: The owners and operators of
                                                you have questions on this rule, call or                well as the noise, falling debris, and                vessels intending to operate in the area
                                                email Ken Lawrenson, Waterways                          explosions that occur during the event.               covered by the safety zone. The rule will
                                                Management Division, Marine Safety                      This safety zone is necessary in order to             not have a significant economic impact
                                                Unit Portland, Coast Guard; telephone                   reduce vessel traffic congestion in the               on a substantial number of small entities
                                                503–240–9319, email msupdxwwm@                          proximity of fireworks discharge sites                because the safety zones will only be in
                                                uscg.mil. If you have questions on                      and to prevent vessel traffic within the              effect for a limited period of time.
                                                viewing or submitting material to the                   fallout zone of the fireworks.                        Additionally, vessels can still transit
                                                docket, call Cheryl Collins, Program                                                                          through the zone with the permission of
                                                                                                        C. Discussion of the Temporary Final
                                                Manager, Docket Operations, telephone                                                                         the Captain of the Port. Before the
                                                                                                        Rule
                                                (202) 366–9826.                                                                                               effective period, we will publish
mstockstill on DSK4VPTVN1PROD with RULES




                                                SUPPLEMENTARY INFORMATION:
                                                                                                          This rule establishes one safety zone               advisories in the Local Notice to
                                                                                                        in the Sector Columbia River Captain of               Mariners available to users of the river.
                                                Table of Acronyms                                       the Port Zone.                                        Maritime traffic will be able to schedule
                                                DHS Department of Homeland Security                       The safety zone will encompass all                  their transits around the safety zone.
                                                FR Federal Register                                     waters, bank to bank of the Willamette                   If you think that your business,
                                                NPRM Notice of Proposed Rulemaking                      River, in Portland, Oregon enclosed by                organization, or governmental
                                                TFR Temporary Final Rule                                the Marquam and Ross Island Bridges.                  jurisdiction qualifies as a small entity


                                           VerDate Sep<11>2014   18:35 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\12AUR1.SGM   12AUR1


                                                                 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                        48253

                                                and that this rule would have a                         7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                                significant economic impact on it,                         The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                                please submit a comment (see                            of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                                ADDRESSES) explaining why you think it                  Federal agencies to assess the effects of             complying with the National
                                                qualifies and how and to what degree                    their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                this rule would economically affect it.                 particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                        that may result in the expenditure by a               have determined that this action is one
                                                3. Assistance for Small Entities
                                                                                                        State, local, or tribal government, in the            of a category of actions that do not
                                                   Under section 213(a) of the Small                    aggregate, or by the private sector of                individually or cumulatively have a
                                                Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or              significant effect on the human
                                                Fairness Act of 1996 (Pub. L. 104–121),                 more in any one year. Though this rule                environment. This rule involves the
                                                we want to assist small entities in                     will not result in such expenditure, we               creation of one safety zone during
                                                understanding this rule. If the rule                    do not discuss the effects of this rule               fireworks displays to protect maritime
                                                would affect your small business,                       elsewhere in this preamble.                           public. This rule is categorically
                                                organization, or governmental                                                                                 excluded from further review under
                                                jurisdiction and you have questions                     8. Taking of Private Property                         paragraph 34(g) of Figure 2–1 of the
                                                concerning its provisions or options for                   This rule will not cause a taking of               Commandant Instruction. An
                                                compliance, please contact the person                   private property or otherwise have                    environmental analysis checklist
                                                listed in the FOR FURTHER INFORMATION                   taking implications under Executive                   supporting this determination and a
                                                CONTACT, above.                                         Order 12630, Governmental Actions and                 Categorical Exclusion Determination are
                                                   Small businesses may send comments                   Interference with Constitutionally                    available in the docket where indicated
                                                on the actions of Federal employees                     Protected Property Rights.                            under ADDRESSES. We seek any
                                                who enforce, or otherwise determine                                                                           comments or information that may lead
                                                                                                        9. Civil Justice Reform                               to the discovery of a significant
                                                compliance with, Federal regulations to
                                                the Small Business and Agriculture                         This rule meets applicable standards               environmental impact from this rule.
                                                Regulatory Enforcement Ombudsman                        in sections 3(a) and 3(b)(2) of Executive
                                                                                                                                                              List of Subjects in 33 CFR Part 165
                                                and the Regional Small Business                         Order 12988, Civil Justice Reform, to
                                                Regulatory Fairness Boards. The                         minimize litigation, eliminate                          Harbors, Marine safety, Navigation
                                                Ombudsman evaluates these actions                       ambiguity, and reduce burden.                         (water), Reporting and recordkeeping
                                                annually and rates each agency’s                                                                              requirements, Security measures,
                                                                                                        10. Protection of Children                            Waterways.
                                                responsiveness to small business. If you
                                                wish to comment on actions by                             We have analyzed this rule under                      For the reasons discussed in the
                                                employees of the Coast Guard, call                      Executive Order 13045, Protection of                  preamble, the Coast Guard is amending
                                                1–888–REG–FAIR (1–888–734–3247).                        Children from Environmental Health                    33 CFR part 165 as follows:
                                                The Coast Guard will not retaliate                      Risks and Safety Risks. This rule is not
                                                against small entities that question or                 an economically significant rule and                  PART 165—REGULATED NAVIGATION
                                                complain about this rule or any policy                  does not create an environmental risk to              AREAS AND LIMITED ACCESS AREAS
                                                or action of the Coast Guard.                           health or risk to safety that may
                                                                                                        disproportionately affect children.                   ■ 1. The authority citation for part 165
                                                4. Collection of Information                                                                                  continues to read as follows:
                                                                                                        11. Indian Tribal Governments
                                                  This rule will not call for a new                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                           This rule does not have tribal                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                collection of information under the                                                                           Department of Homeland Security Delegation
                                                                                                        implications under Executive Order
                                                Paperwork Reduction Act of 1995 (44                                                                           No. 0170.1.
                                                                                                        13175, Consultation and Coordination
                                                U.S.C. 3501–3520).
                                                                                                        with Indian Tribal Governments,                       ■ 2. Add § 165.T13–510 to read as
                                                5. Federalism                                           because it does not have a substantial                follows:
                                                                                                        direct effect on one or more Indian
                                                   A rule has implications for federalism                                                                     § 165.T13–510 Safety Zone; TriMet Tilikum
                                                                                                        tribes, on the relationship between the
                                                under Executive Order 13132,                                                                                  Crossing Bridge. Fireworks Display,
                                                                                                        Federal Government and Indian tribes,
                                                Federalism, if it has a substantial direct                                                                    Willamette River, Portland, OR.
                                                                                                        or on the distribution of power and
                                                effect on the States, on the relationship                                                                       (a) Safety Zones. The following area is
                                                                                                        responsibilities between the Federal
                                                between the national government and                                                                           a designated safety zone:
                                                                                                        Government and Indian tribes.
                                                the States, or on the distribution of                                                                           (1) Location. The safety zone will
                                                power and responsibilities among the                    12. Energy Effects                                    encompass all waters, bank to bank of
                                                various levels of government. We have                     This action is not a ‘‘significant                  the Willamette River, in Portland,
                                                analyzed this rule under that Order and                 energy action’’ under Executive Order                 Oregon enclosed by the Marquam and
                                                determined that this rule does not have                 13211, Actions Concerning Regulations                 Ross Island Bridges.
                                                implications for federalism.                            That Significantly Affect Energy Supply,                (2) Enforcement Period. This event
                                                6. Protest Activities                                   Distribution, or Use.                                 will be held on Saturday August 22,
                                                                                                                                                              2015 from 8:30 p.m. to 9:30 p.m.
                                                  The Coast Guard respects the First                    13. Technical Standards                                 (b) Regulations. In accordance with
                                                Amendment rights of protesters.                           This rule does not use technical                    the general regulations in 33 CFR part
mstockstill on DSK4VPTVN1PROD with RULES




                                                Protesters are asked to contact the                     standards. Therefore, we did not                      165, subpart C, no person may enter or
                                                person listed in the FOR FURTHER                        consider the use of voluntary consensus               remain in the safety zone created in this
                                                INFORMATION CONTACT section to                          standards.                                            section or bring, cause to be brought, or
                                                coordinate protest activities so that your                                                                    allow to remain in the safety zone
                                                message can be received without                         14. Environment                                       created in this section any vehicle,
                                                jeopardizing the safety or security of                    We have analyzed this rule under                    vessel, or object unless authorized by
                                                people, places or vessels.                              Department of Homeland Security                       the Captain of the Port or his designated


                                           VerDate Sep<11>2014   18:35 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\12AUR1.SGM   12AUR1


                                                48254            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                representative. The Captain of the Port                 Washington, DC 20420, (202) 632–8786.                 term look-back often relates to the
                                                may be assisted by other Federal, State,                (This is not a toll-free number.)                     period preceding the date that a person
                                                or local agencies with the enforcement                  SUPPLEMENTARY INFORMATION:                            applies for Medicaid. VA does not
                                                of the safety zone.                                                                                           believe this regulatory change has any
                                                  (c) Authorization. All vessel operators               The January 29, 2015 Proposed Rule                    impact on veterans moving to an
                                                who desire to enter the safety zone must                  On January 29, 2015, VA published a                 assisted living facility, staying with a
                                                obtain permission from the Captain of                   proposed rule in the Federal Register at              caregiver, or relying on Medicaid, as the
                                                the Port or Designated Representative by                80 FR 4812, to revise VA’s regulations                commenter stated. Instead, this change
                                                contacting either the on-scene patrol                   governing adjustable rate mortgages set               helps ensure VA alignment with other
                                                craft on VHF Ch 13 or Ch 16 or the                      forth at 38 CFR 36.4312(d). VA                        Federal laws and current lender
                                                Coast Guard Sector Columbia River                       proposed two amendments in this                       practices with regard to adjustable rate
                                                Command Center via telephone at (503)                   rulemaking to ensure VA regulations                   mortgages. See 80 FR 4814. It provides
                                                861–6211.                                               remain aligned with TILA and the                      veteran borrowers who have adjustable
                                                  (d) Definitions. As used in this                      implementing regulations set forth by                 rate mortgages more advanced notice
                                                section, designated representative                      the CFPB. First, VA proposed amending                 and detailed disclosures regarding a
                                                means any Coast Guard commissioned,                     38 CFR 36.4312(d)(6) so that the                      change in their interest rates, thereby
                                                warrant, or petty officer who has been                  requirements for the disclosures and                  affording them a better opportunity to
                                                authorized by the Sector Columbia River                 notifications that must be provided to                respond to such changes and stay in
                                                Captain of the Port to assist in enforcing              borrowers prior to an interest-rate                   their homes. Therefore, VA is adopting
                                                the security zones described in                         adjustment are cross-referenced to those              the proposed rule without change.
                                                paragraph (a) of this section.                          set forth in the TILA implementing
                                                                                                                                                              Executive Orders 12866 and 13563
                                                                                                        regulations at 12 CFR 1026.20(c) and
                                                  Dated: June 23, 2015.                                                                                          Executive Orders 12866 and 13563
                                                                                                        (d). Second, VA proposed amending 38
                                                D.J. Travers,                                           CFR 36.4312(d)(2) to require that                     direct agencies to assess the costs and
                                                Captain, U.S. Coast Guard, Captain of the               lenders adjust interest rates based on the            benefits of available regulatory
                                                Port, Sector Columbia River.                            most recent interest rate index figure                alternatives and, when regulation is
                                                [FR Doc. 2015–19815 Filed 8–11–15; 8:45 am]             available 45 days prior to the interest               necessary, to select regulatory
                                                BILLING CODE 9110–04–P                                  rate adjustment, instead of the interest              approaches that maximize net benefits
                                                                                                        rate index available 30 days prior to the             (including potential economic,
                                                                                                        interest rate adjustment, as is currently             environmental, public health and safety
                                                DEPARTMENT OF VETERANS                                  required in VA’s regulations.                         effects, and other advantages;
                                                AFFAIRS                                                   The public comment period for the                   distributive impacts; and equity).
                                                                                                        proposed rule closed on March 30,                     Executive Order 13563 (Improving
                                                38 CFR Part 36                                          2015. VA received two comments. The                   Regulation and Regulatory Review)
                                                                                                        comments received on the proposed                     emphasizes the importance of
                                                RIN 2900–AP25                                           rule are discussed below. VA adopts                   quantifying both costs and benefits,
                                                                                                        without change the proposed rule that                 reducing costs, harmonizing rules, and
                                                Loan Guaranty: Adjustable Rate                          revises VA’s adjustable rate mortgage                 promoting flexibility. Executive Order
                                                Mortgage Notification Requirements                      regulations at 38 CFR 36.4312(d) to                   12866 (Regulatory Planning and
                                                and Look-Back Period                                    ensure consistency with other Federal                 Review) defines a ‘‘significant
                                                AGENCY:    Department of Veterans Affairs.              agency regulations.                                   regulatory action’’ requiring review by
                                                                                                          VA received one public comment on                   the Office of Management and Budget
                                                ACTION:   Final rule.
                                                                                                        the proposed rule from a lender who                   (OMB), unless OMB waives such
                                                SUMMARY:   This document adopts as                      participates in the VA Home Loan                      review, as ‘‘any regulatory action that is
                                                final, without change, a proposed rule of               program. The commenter expressed                      likely to result in a rule that may: (1)
                                                the Department of Veterans Affairs (VA)                 support for the rule as written and                   Have an annual effect on the economy
                                                to amend its regulations that govern                    stated that VA’s alignment with CFPB’s                of $100 million or more or adversely
                                                adjustable rate mortgages made in                       rules will reduce the regulatory burden               affect in a material way the economy, a
                                                conjunction with the Home Loan                          [on lenders] and ensure protection for                sector of the economy, productivity,
                                                Guaranty program. These revisions align                 Veterans and Servicemembers.                          competition, jobs, the environment,
                                                VA’s disclosure and interest rate                         VA received one public comment on                   public health or safety, or State, local,
                                                adjustment requirements with the                        the proposed rule from an individual.                 or tribal governments or communities;
                                                implementing regulations of the Truth                   The commenter stated that a three-year                (2) Create a serious inconsistency or
                                                in Lending Act (TILA), as recently                      look-back period would be detrimental                 otherwise interfere with an action taken
                                                revised by the Consumer Financial                       to veterans and their spouses. The                    or planned by another agency; (3)
                                                Protection Bureau (CFPB). This                          commenter explained that veterans and                 Materially alter the budgetary impact of
                                                rulemaking will ensure VA remains                       their spouses currently have a good                   entitlements, grants, user fees, or loan
                                                consistent with other applicable                        chance of moving to an assisted living                programs or the rights and obligations of
                                                consumer finance and housing                            facility of their choice or staying at                recipients thereof; or (4) Raise novel
                                                regulations governing adjustable rate                   home with a caregiver, but that with a                legal or policy issues arising out of legal
                                                mortgages.                                              three-year look-back period, the                      mandates, the President’s priorities, or
                                                                                                        majority of these individuals will no                 the principles set forth in this Executive
mstockstill on DSK4VPTVN1PROD with RULES




                                                DATES:  Effective Date: This rule is                    longer have that choice. The commenter                Order.’’
                                                effective September 11, 2015.                           explained that this would result in these                The economic, interagency,
                                                FOR FURTHER INFORMATION CONTACT:      John              veterans relying on Medicaid and going                budgetary, legal, and policy
                                                Bell III, Assistant Director for Loan                   to a facility not of their choosing, which            implications of this regulatory action
                                                Policy (262), Veterans Benefits                         would be more expensive.                              have been examined, and it has been
                                                Administration, Department of Veterans                    VA believes the commenter mistook                   determined not to be a significant
                                                Affairs, 810 Vermont Ave. NW.,                          the purpose of VA’s proposal, as the                  regulatory action under Executive Order


                                           VerDate Sep<11>2014   18:35 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\12AUR1.SGM   12AUR1



Document Created: 2016-09-27 22:27:21
Document Modified: 2016-09-27 22:27:21
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
ActionTemporary final rule.
DatesThis rule is effective from 8:30 p.m. until 9:30 p.m. on August 22, 2015.
ContactIf 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 [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 48252 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR