[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Proposed Rules]
[Pages 25278-25281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10802]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0279]
RIN 1625-AA00


Safety Zone; TriMet Bridge Project, Willamette River; Portland, 
OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Coast Guard is proposing the establishment of a 
safety zone during the construction of the TriMet Bridge on the 
Willamette River, in Portland, OR. This action is necessary to ensure 
the safety of recreational vessels and commercial vessels transiting in 
close proximity to cranes and overhead work associated with this 
construction project. During the enforcement period, all vessels will 
be required to transit through the area at a no wake speed and at a 
safe distance from the work being conducted.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0279 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.

[[Page 25279]]

    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, 
Marine Safety Unit Portland, Coast Guard; 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-2011-0279), 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-2011-0279'' 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-2011-0279'' 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 on or before May 1, 2011 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

    TriMet and their contractor, Kiewit Infrastructure West, will be 
starting construction of the new Portland-Milwaukie Light Rail Bridge 
on July 1, 2011 (with in-water mobilization beginning in June). The 
construction of the bridge will last from July 2011 through October 
2014. The project includes the construction of four piers, two on land 
and two piers in the water requiring cofferdams. Trestles will be 
constructed to complete sections of the project as well as the use of 
crane barges that can be affected by vessel wakes. To ensure the safety 
of construction crews on the barges, trestles, and cranes involved in 
this project TriMet has requested that the Coast Guard place a 1000 
foot safety zone around the entire project. This safety zone will 
include a 500 foot no wake zone upriver and downriver of the project. 
It will also include two exclusionary zones that will require vessels 
passing through the area to remain a distance of 100 feet in all 
directions away from the work trestles and 140 feet in all directions 
away from the cranes. This will ensure that the vessels passing through 
the designated areas will not be in a dangerous position under cranes 
or too close to the trestles.

Discussion of Proposed Rule

    The safety zone created by this rule will cover all waters of the 
Willamette River encompassed within the following two lines: Line one 
starting at latitude 45[deg]30[min]26.21[sec] N longitude 
122[deg]39[min]57.53[sec] W on the east bank then across the Willamette 
River to latitude 45[deg]30[min]20.77[sec] N longitude 
122[deg]40[min]13.04[sec] W on the west bank; line two starting at 
latitude 45[deg]30[min]18.14[sec] N longitude 122[deg]39[min]51.77[sec] 
W on the east bank then across the Willamette River to latitude 
45[deg]30[min]12.02[sec] N longitude 122[deg]40[min]08.44[sec] W on the 
west bank.
    Geographically this area is all the waters of the Willamette River 
within an area created by a line beginning on the east bank of the 
Willamette River at the OMSI facility extending across the river to the 
west bank, following the shoreline approximately 1000 feet up river to 
the Zidell waterfront area, extending across the river to the property 
line for Caruthers Landing, then following the shoreline approximately 
1000 feet downriver to the starting point.

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

[[Page 25280]]

Budget has not reviewed it under that Order. The Coast Guard has made 
this determination based on the fact that this rule doesn't stop all 
river traffic. The rule will only limit entry into certain areas of the 
river for safety; the other section of the river will be open for 
transits at a no wake speed. Users of the river should not be adversely 
affected by the closures and delays.

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 or operators of vessels 
wishing to transit the safety zone established by this rule. The rule 
will not have a significant economic impact on a substantial number of 
small entities because parts of the area will still be accessible to 
vessels and the vessels will still be able to transit through the 
safety zone area with permission.
    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, Marine Safety 
unit Portland at telephone number 503-240-9319 or 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.

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

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under ADDRESSES. This proposed rule involves the creation and 
enforcement 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. 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


Sec.  165.1338  Safety Zone; TriMet Bridge Project, Willamette River; 
Portland, OR

    (a) Location. The following area is a safety zone: All waters of 
the Willamette River encompassed within the following two lines: Line 
one starting at latitude 45[deg]30[min]26.21[sec] N longitude 
122[deg]39[min]57.53[sec] W on the east bank then across the Willamette 
River to latitude 45[deg]30[min]20.77[sec] N longitude 
122[deg]40[min]13.04[sec] W on the west bank; line two starting at 
latitude 45[deg]30[min]18.14[sec] N longitude 122[deg]39[min]51.77[sec] 
W on the east bank then across the Willamette River to latitude 
45[deg]30[min]12.02[sec] N longitude 122[deg]40[min]08.44[sec] W on the 
west bank.
    Geographically this area is all the waters of the Willamette River 
within an area created by a line beginning on the east bank of the 
Willamette River at the OMSI facility extending across the river to the 
west bank, following the shoreline approximately 1000 feet up river to 
the Zidell waterfront area, extending across the river to the property 
line for Caruthers Landing, then following the shoreline approximately 
1000 feet downriver to the starting point.
    (b) Regulation. In accordance with the general regulations in 33 
CFR Part 165, Subpart C, no vessel operator may enter or remain in the 
safety zone without the permission of the Captain of the Port or 
Designated 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 the on-scene patrol craft. 
Vessel operators granted permission to enter the zone will be escorted 
by the on-scene patrol craft until they are outside of the safety zone.
    (d) Enforcement Period. The safety zone detailed in paragraph (a) 
of this section will be in effect from 12:01 a.m. on July 1, 2011 
through 11:59 p.m. on September 30, 2014.

    Dated: April 18, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-10802 Filed 5-3-11; 8:45 am]
BILLING CODE 9110-04-P