[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81464-81466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32544]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1109]
RIN 1625-AA00


Safety Zone; Columbia River, The Dalles Lock and Dam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Columbia River in the vicinity of The Dalles Lock and Dam 
while the Army Corps of Engineers completes repairs to the lock. The 
safety zone is necessary to help ensure the safety of workers 
conducting the repairs as well as the maritime public and will do so by 
prohibiting all persons and vessels from entering the construction 
zone.

DATES: This rule is effective in the CFR on December 28, 2010 through 
April 1, 2011. This rule is effective with actual notice for purposes 
of enforcement

[[Page 81465]]

starting at 6 a.m. on December 10, 2010. This rule will remain in 
effect through 11:59 p.m. on April 1, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1109 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-1109 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 LTJG Jeremy Maginot, Waterways 
Management Division, Coast Guard MSU Portland; telephone 503-247-4004, 
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) 
with respect to this rule because to do so would be contrary to public 
interest since the event will have begun by the time the notice could 
be published and comments taken.
    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 public interest since the event will have begun by the time 
the notice could be published and comments taken.

Background and Purpose

    The U.S. Army Corps of Engineers will be completing repairs on The 
Dalles Lock from December 10, 2010 until April 1, 2010. The dangers 
associated with such a large scale construction project necessitate the 
establishment of this safety zone to help ensure the safety of the 
workers conducting the repairs as well as the maritime public.

Discussion of Rule

    The safety zone created by this rule covers all waters of the 
Columbia River encompassed within the area created by a line beginning 
at the tip of the south wall of The Dalles Lock entrance basin at 
45[deg]37'03.4'' N, 121[deg]08'02.6'' W; thence continuing northwest 
from the south wall of The Dalles Lock entrance basin to the Washington 
bank at 45[deg]37'06.0'' N, 121[deg]08'06.1'' W; thence continuing 
southwest along the bank of the Columbia River to the east end of The 
Dalles Lock; thence across the downstream gate to the south lock wall 
of The Dalles Lock; thence continuing along the south lock wall of The 
Dalles Lock and the south wall of The Dalles Lock entrance basin to the 
starting point at 45[deg]37'03.4'' N, 121[deg]08'02.6'' W. 
Geographically, this area encompasses The Dalles Lock and the upstream 
lock entrance basin of The Dalles Lock.
    The safety zone will be in effect from 6 a.m. on December 10, 2010 
through 11:59 p.m. on April 01, 2011. All persons and vessels are 
prohibited from entering or remaining in the safety zone unless 
authorized by the Captain of the Port or designated representative.

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 on the fact that 
the safety zone created by this rule will not significantly affect the 
maritime public because the area covered has little commercial or 
recreational activity. In addition, vessels may enter the safety 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 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. 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 created in this rule. 
The safety zone will not have a significant economic impact on a 
substantial number of small entities because the area covered has 
little commercial or recreational activity. In addition, vessels may 
enter the safety zone with the permission of the Captain of the Port or 
his designated representative.

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

[[Page 81466]]

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 (adjusted for 
inflation) or more in any one year. 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 the establishment of a 
safety zone.
    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. Chapters 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.


0
2. Add Sec.  165.T13-173 to read as follows:


Sec.  165.T13-173  Safety Zone; Columbia River, The Dalles Lock and Dam

    (a) Location. The following is a safety zone: All waters of the 
Columbia River encompassed within the area created by a line beginning 
at the tip of the south wall of The Dalles Lock entrance basin at 
45[deg] 37' 03.4'' N, 121[deg] 08' 02.6'' W; thence continuing 
northwest from the south wall of The Dalles Lock entrance basin to the 
Washington bank at 45[deg] 37' 06.0'' N, 121[deg] 08' 06.1'' W; thence 
continuing southwest along the bank of the Columbia River to the east 
end of The Dalles Lock; thence across the downstream gate to the south 
lock wall of The Dalles Lock; thence continuing along the south lock 
wall of The Dalles Lock and the south wall of The Dalles Lock entrance 
basin to the starting point at 45[deg] 37' 03.4'' N, 121[deg] 08' 
02.6'' W. Geographically this area encompasses The Dalles Lock and the 
upstream lock entrance basin of The Dalles Lock.
    (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 designated 
representative. Designated representatives are Coast Guard or Army 
Corps of Engineers personnel designated by the Captain of the Port to 
grant persons or vessels permission to enter or remain in the safety 
zone created by this section. See 33 CFR part 165, subpart C, for 
additional information and requirements.
    (c) Enforcement Period. The safety zone created in this section 
will be in effect from 6 a.m. on December 10, 2010 through 11:59 p.m. 
on April 1, 2011.

    Dated: December 9, 2010.
D.E. Kaup
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2010-32544 Filed 12-27-10; 8:45 am]
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