[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Proposed Rules]
[Pages 22336-22338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9839]



[[Page 22336]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0214]
RIN 1625-AA00


Safety Zone; North Jetty, Named the Barview Jetty, Tillamook Bay, 
OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a safety zone 
surrounding the north jetty, named the Barview Jetty near Tillamook 
Bay, Oregon. The safety zone is necessary to help ensure the safety of 
work crews and the maritime public while the jetty is being repaired 
and will do so by prohibiting all persons and vessels from entering or 
remaining within 250 feet of the jetty unless specifically authorized 
by the Captain of the Port or his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 28, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0214 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

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

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0214), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0214'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0214'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    The north jetty, named the Barview Jetty, near Tillamook Bay, 
Oregon has deteriorated to the point that the United States Army Corps 
of Engineers has contracted Kiewit Corporation to repair the jetty. The 
repairs will begin in June 2010 and will involve the use of a track 
mounted Manitowoc 18,000 lb crane with as much as 200 feet of boom. The 
crane will be used to move large granite boulders weighing 
approximately 20 to 50 tons each by lifting them up, circling them out 
over the waterway on either side of the north jetty, and placing them 
into the jetty.
    Due to the inherent dangers associated with such operations, the 
Coast Guard is proposing the establishment of a safety zone covering 
all waters within 250 feet in every direction of the north jetty, named 
the Barview Jetty. The safety zone will help ensure the safety of work 
crews and the maritime public while the jetty is being repaired by 
prohibiting all persons and vessels from entering or remaining in the 
zone unless specifically authorized

[[Page 22337]]

by the Captain of the Port or his designated representative.

Discussion of Proposed Rule

    The proposed safety zone created by this rule will be in effect 
from 12:01 a.m. June 15, 2010 until 11:59 p.m. September 30, 2010. The 
proposed safety zone will cover all waters within 250 feet in every 
direction of the north jetty, named the Barview Jetty, near Tillamook 
Bay, Oregon starting at latitude 45[deg]34'12'' N, longitude 
123[deg]57'31'' W; thence heading offshore to latitude 45[deg]34'12'' 
N, longitude 123[deg]57'02'' W; thence across the tip of the jetty to 
latitude 45[deg]34'17.5'' N, longitude 123[deg]57'02'' W; thence back 
inland to latitude 45[deg]34'15'' N, longitude 123[deg]57'31'' W. All 
persons and vessels will be prohibited from entering or remaining in 
the zone unless specifically authorized by the Captain of the Port or 
his designated representative. Unless other safety concerns exist, 
maritime traffic will generally be given permission to transit the zone 
when work is not actively being conducted.
    The Coast Guard expects the temporary final rule will be effective 
less than 30 days after publication in the Federal Register because 
delaying the effective date would be contrary to the public interest 
due to the need to protect the public from the dangers associated with 
construction projects, such as the use of heavy machinery in jetty 
repair operations.

Regulatory Analyses

    We developed this proposed 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 proposed 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. Although this proposed 
regulation restricts access to the safety zone, the effect of the rule 
will not be significant because: (i) The safety zone will only be in 
effect during the 3\1/2\ months repairs are being made to the north 
jetty, named the Barview Jetty; (ii) the zone is of limited size; and 
(iii) maritime traffic will be able to transit the zone with the 
permission of the Captain of the Port or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would 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 safety zone will not have a significant economic impact on a 
substantial number of small entities, however, because the safety zone 
will only be in effect during the 3\1/2\ months repairs are being made 
to the north jetty, named the Barview Jetty, and maritime traffic will 
be able to transit the zone with the permission of the Captain of the 
Port or his designated 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.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 MST1 Jaime Sayers at phone 
number 503-240-9319 or by e-mail at [email protected]. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

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Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a safety zone. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T13-137 to read as follows:


Sec.  165.T13-137  Safety Zone; North Jetty, Named the Barview Jetty, 
Tillamook Bay, OR.

    (a) Location. The following area is a safety zone: All waters 
within 250 feet in every direction of the north jetty, named the 
Barview Jetty, near Tillamook Bay, Oregon starting at latitude 
45[deg]34'12'' N, longitude 123[deg]57'31'' W; thence heading offshore 
to latitude 45[deg]34'12'' N, longitude 123[deg]57'02'' W; thence 
across the tip of the jetty to latitude 45[deg]34'17.5'' N, longitude 
123[deg]57'02'' W; thence back inland to latitude 45[deg]34'15'' N, 
longitude 123[deg]57'31'' W.
    (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 paragraph (a) of this section or bring, cause to be 
brought, or allow to remain in the safety zone created in paragraph (a) 
of this section any vehicle, vessel or object unless authorized by the 
Captain of the Port or his designated representative.
    (c) Effective Period. The safety zone created in paragraph (a) of 
this section will be in effect from 12:01 a.m. June 15, 2010 until 
11:59 p.m. September 30, 2010.

    Dated: April 14, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-9839 Filed 4-27-10; 8:45 am]
BILLING CODE 9110-04-P