[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60157-60159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27725]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0946]
RIN 1625-AA00


Safety Zones; Blasting and Dredging Operations and Movement of 
Explosives, Columbia River, Portland to St. Helens, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones on 
the Columbia River to help ensure the safety of the maritime public 
during blasting and dredging operations taking place near St. Helens, 
Oregon as well as the movement of explosives for those operations from 
Portland, Oregon to the work site. The first temporary safety zone is a 
fixed zone around the area where the blasting and dredging operations 
will be taking place near St. Helens, Oregon. The second temporary 
safety zone is a moving zone around the barge KRS 200-6 at any time 
that it has explosives onboard.

DATES: This rule is effective from 12:01 a.m. on November 20, 2009 
through 11:59 p.m. on February 28, 2010.
    The safety zone has been enforced with actual notice since October 
30, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0946 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0946 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management 
Division, U.S. Coast Guard Sector Portland; telephone 503-240-9319, e-
mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory 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) 
because the publishing of an NPRM would be impracticable and contrary 
to public interest since immediate action is needed to ensure the 
public's safety during blasting and dredging operations. Delaying the 
implementation of the safety zone would subject the public to the 
hazards associated with blasting and dredging operations and the 
movement of explosives for those operations. The

[[Page 60158]]

danger posed by the large volume of marine traffic on the Columbia 
River makes safety zone regulations necessary to provide for the safety 
of construction support vessels, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during blasting and 
dredging operations. The Coast Guard will issue broadcast notice to 
mariners to advise vessel operators of navigational restrictions. On-
scene Coast Guard and local law enforcement vessels will also provide 
actual notice to mariners.
    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 because to do otherwise would be 
contrary to the public interest of ensuring public safety during 
blasting and dredging operations, and immediate action is necessary to 
prevent possible loss of life and property.

Background and Purpose

    As part of the Columbia River Deepening (Channel Improvement) 
Project, the Army Corps of Engineers must blast and dredge on portions 
of the Columbia River near St. Helens, Oregon. Due to the inherent 
dangers associated with blasting and dredging operations, a safety zone 
is necessary to help ensure the safety of the maritime public operating 
near the work site. The potential explosive arc for the work site of 
this project has been calculated to be approximately 832 feet.
    The blasting and dredging operations also require the movement of 
explosives via barge from Portland, Oregon to the work site. Due to the 
inherent dangers associated with the movement of explosives, a safety 
zone is necessary to help ensure the safety of the maritime public 
operating near the barge when explosives are on board.
    The project is also required to comply with applicable state laws.

Discussion of Rule

    The Coast Guard is establishing two temporary safety zones. The 
first temporary safety zone applies to the navigable waters within a 
radius of 1500 feet centering on the Army Corps of Engineers Columbia 
River Deepening (Channel Improvement) Project work site near St. 
Helens, Oregon located on the Columbia River from Duck Club Light 6 
across to Bachelor Island downstream to the point of Austin Point and 
across to Warrior Point, at 45[deg]50'31.2'' N/122[deg]46'51.6'' W; 
45[deg]50'31.2'' N/122[deg]46'51.6'' W; 45[deg]49'37.2'' N/
122[deg]47'16.79'' W; 45[deg]49'47.9'' N/122[deg]47'42.00'' W; 
45[deg]50'56.4'' N/122[deg]47'16.79'' W (NAD 83). The second temporary 
safety zone applies to the navigable waters with a radius of 500 feet 
centering on the barge KRS 200-6 at any time that it has explosives 
onboard. Notice of the second safety zone will be issued via a Safety 
Marine Information Broadcast (SMIB) broadcast over Channel 16 and by 
actual notice on-site. Vessels will be able to transit the work site 
and/or barge safety zones with permission from the Captain of the Port, 
Portland or his designated representative. The Captain of the Port can 
be contacted at telephone number (503) 240-9310, or by radio on VHF 
Marine Band Radio, channel 16. The safety zones will be in effect from 
12:01 a.m. on October 28, 2009 through 11:59 p.m. on February 28, 2010.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. The Coast Guard has made this 
determination based primarily on the fact that maritime traffic will be 
allowed to transit the safety zones with permission from the Captain of 
the Port, Portland so there should be little to no economic impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. The following entities may be affected by this rule, some of 
which may be small entities: The owners and operators of vessels 
intending to operate, transit, or anchor in a portion of the Columbia 
River from 12:01 a.m. on October 28, 2009 through 11:59 p.m. on 
February 28, 2010. The safety zones will not have a significant impact 
on a substantial number of small entities for the following reasons. 
Maritime traffic will be allowed to transit the safety zones with 
permission from the Captain of the Port, Portland or his designated 
representative, and the Coast Guard will make notifications via 
maritime advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year.

[[Page 60159]]

Though this rule will not result in such an expenditure, we do discuss 
the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves regulations 
establishing safety zones. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


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2. Sec.  165.T13-114 is added to read as follows:


Sec.  165.T13-114  Safety Zones; Blasting and Dredging Operations and 
Movement of Explosives, Columbia River, Portland to St. Helens, OR

    (a) Location. The following areas are safety zones: (1) All waters 
of the Columbia River from Duck Club Light 6 across to Bachelor Island 
downstream to the point of Austin Point and across to Warrior Point at 
45[deg]50'31.2'' N/122[deg]46'51.6'' W; 45[deg]50'31.2'' N/
122[deg]46'51.6'' W; 45[deg]49'37.2'' N/122[deg]47'16.79'' W; 
45[deg]49'47.9'' N/122[deg]47'42.00'' W; 45[deg]50'56.4'' N/
122[deg]47'16.79'' W (NAD 83). (2) All waters encompassed within a 
circle with a radius of 500 feet centered on the barge KRS 200-6 at any 
time that it has explosives onboard.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port (COTP) Portland in the enforcement of 
the safety zone.
    (c) Regulations. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no person may enter or remain in the safety 
zones established in paragraph (a) or bring, cause to be brought, or 
allow to remain in the safety zones established in paragraph (a) of 
this section any vehicle, vessel, or object unless authorized by the 
Captain of the Port, Portland or his designated representative.
    (d) Enforcement Period. The safety zones established in paragraph 
(a) or this section are applicable from 12:01 a.m. on October 28, 2009 
through 11:59 p.m. on February 28, 2010.

    Dated: October 30, 2009.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. E9-27725 Filed 11-19-09; 8:45 am]
BILLING CODE 9110-04-P