[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Rules and Regulations]
[Pages 53054-53056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21700]


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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: Final rule.

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SUMMARY: The U.S. Coast Guard will establish 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: This rule is effective in the CFR on August 25, 2011 through 
11:59 p.m. on September 30, 2014. This rule is effective with actual 
notice for purposes of enforcement as of 12:01 a.m. on July 1, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0279 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0279 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 rule, 
call or e-mail BM1 Silvestre G. Suga, waterways Management Division, 
Marine Safety Unit Portland, Oregon, Coast Guard; 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

    On May 4, 2011, we published a notice of proposed rulemaking (NPRM) 
entitled Safety Zone: TriMet Bridge Project, Willamette River; 
Portland, OR in the Federal Register (76 FR 86). We received no 
comments on the proposed rule. The Coast Guard did not receive a 
request for a public hearing.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect the 
public; therefore, a 30-day delayed effective date is impracticable. 
Delaying the effective date would be contrary to the safety zone's 
intended objectives of protecting the public during the construction of 
the TriMet Bridge on the Willamette River, in Portland, OR.

Basis and Purpose

    TriMet and their contractor, Kiewit Infrastructure West, began 
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 1,000 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.

Background

    The Coast Guard did not consider any other options for this 
construction site. The safety hazards in the immediate area around this 
construction required actions to be taken to ensure that vessels did 
not get within 100 feet of certain areas of the equipment on the 
construction site.

Discussion of Comments and Changes

    There were no comments received on the notice of proposed 
rulemaking and there have been no changes made to the proposed rule.

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 this rule does not 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 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 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. The Coast Guard did not receive any comments on 
this rule from small entities.

[[Page 53055]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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. The Coast Guard did not receive any comments on this rule.

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. The Coast Guard did not receive any comments on this 
safety zone.

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. The Coast Guard did not receive any comments on this rule.

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. The Coast Guard did not receive 
any comments on this rule.

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. The Coast Guard did not receive any 
comments on this rule.

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. The Coast Guard did 
not receive any comments on this rule.

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. The Coast Guard did not receive any 
comments on this rule.

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. The Coast Guard did 
not receive any comments on this rule.

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 that 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 enforcement 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.

    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. 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


0
2. Add 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]30'26.21'' N longitude 
122[deg]39'57.53''

[[Page 53056]]

W on the east bank then across the Willamette River to latitude 
45[deg]30'20.77'' N longitude 122[deg]40'13.04'' W on the west bank; 
line two starting at latitude 45[deg]30'18.14'' N longitude 
122[deg]39'51.77'' W on the east bank then across the Willamette River 
to latitude 45[deg]30'12.02'' N longitude 122[deg]40'08.44'' 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 may 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: July 26, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-21700 Filed 8-24-11; 8:45 am]
BILLING CODE 9110-04-P