[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14970-14972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6137]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1174]
RIN 1625-AA00


Safety Zones; Sellwood Bridge Project, Willamette River; 
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two safety zones to remain in 
effect throughout the duration of the construction and renewal of the 
Sellwood Bridge on the Willamette River, in Portland, OR. This action 
is necessary to ensure the safety of vessels transiting in close 
proximity to cranes, barges, and temporary structures associated with 
this construction project. During the effective period, all vessels 
will be required to remain outside the prescribed safe distance from 
the construction area while transiting in the vicinity of the Sellwood 
Bridge project; however, the establishment of these safety zones does 
not entirely close this section of the Willamette River. The section of 
the Willamette River between the safety zones will remain open for 
vessel transits, and it will have a minimum channel width of 138 feet 
at all times.

DATES: This rule is effective in the CFR from March 14, 2012 through 11 
a.m., July 1, 2012. This rule is effective with actual notice for 
purposes of enforcement from 4 p.m., March 1, 2012, through 11 a.m. 
July 1, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1174 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1174 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 email ENS Ian McPhillips, Waterways Management 
Division, Coast Guard MSU Portland; telephone 503-240-9319, email 
[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. The Sellwood Bridge is an 86 year old bridge that is 
structurally inadequate and functionally obsolete. Although public 
outreach for the Sellwood Bridge renewal project began in June 2006, 
specific construction dates were not predetermined due to funding 
constraints. As a result of the delay in determining a specific date to 
commence work and in order to avoid the imposition of financial 
penalties on the state and local governments funding construction due 
to delays, the safety zones are immediately necessary. Should 
construction commence without a safety zone in place, the safety of 
recreational and commercial vessels transiting the area may be 
threatened by their close proximity to cranes, barges, and temporary 
structures associated with this construction project. Thus, any delay 
in the effective date of this rule would be contrary to the public 
interest because immediate action is needed to minimize potential 
danger to the public during the bridge construction. Additionally, in 
order to allow public comment on safety zones in this area, the Coast 
Guard will issue a notice of proposed rulemaking for a temporary rule 
that establishes safety zones in the same locations from the expiration 
of this rule through January 1, 2015.
    For the same reason discussed above, 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.

Background and Purpose

    The Sellwood Bridge project will replace the existing 86 year old 
bridge that is structurally inadequate and functionally obsolete. The 
project will renew the bridge with a new deck arch structure compliant 
with current loading and seismic requirements, upgrade the interchange 
at Oregon Route 43, and provide substantially improved bicycle and 
pedestrian facilities. The project includes the construction of two 
temporary structures and two new bridge piers which will each require a 
cofferdam. The temporary structures will be constructed to facilitate 
the moving of the older bridge. To ensure the safety of construction 
crews on the barges, temporary structures, and cranes, two safety zones 
on each side of the river are being established to require vessels in 
the vicinity of the construction area to remain outside of the two 
designated safety zones. Additionally, this will ensure that the 
vessels operating in the vicinity of the designated areas will not be 
in any dangerous areas near the temporary structures or cranes.
    Construction work is anticipated to continue through January 1, 
2015. During the effective period of this rule a notice of proposed 
rulemaking will be issued for a temporary rule that establishes safety 
zones in the same locations from the expiration of this rule through 
January 1, 2015.

[[Page 14971]]

Discussion of Rule

    The two safety zones created by this rule cover all waters of the 
Willamette River; however, the establishment of these safety zones does 
not entirely close this section of the Willamette River. The section of 
the Willamette River between the safety zones will remain open for 
vessel transits, and it will have a minimum channel width of 138 feet 
at all times. The first safety zone on the West river bank is 
encompassed within the following four lines: Line one starting at 45-
27'53.5'' N/122-40'03.5'' W then heading 375 feet offshore to 45-
27'53.5'' N/122-39'58.5'' W then heading up river 200 feet to 45-
27'49.5'' N/122-39'58.5'' W then heading 375 feet back to the shore at 
45-27'49.5'' N/122-40'04.5'' W then following the shoreline to end at 
45-27'53.5'' N/122-40'03.5'' W. The second safety zone on the East 
river bank is encompassed within the following four lines: Line one 
starting at 45-27'53.5'' N/122-39'50.5'' W then heading 420 feet 
offshore to 45-27'53.5'' N/122-39'55.0'' W then heading up river 200 
feet to 45-27'49.5'' N/122-39'55.0'' W then heading 420 feet back to 
the shore at 45-27'49.5'' N/122-39'47.0'' W then following the 
shoreline to end at 45-27'49.5'' N/122-39'47.0'' W. Geographically, 
this rule will cover all waters of the Willamette River 100 feet 
upriver and downriver of the existing Sellwood Bridge, inward 375 feet 
from the Western side shoreline, and inward 420 feet from the Eastern 
side shoreline. The section of the Willamette River between the safety 
zones will remain open for vessel transits, and it will have a minimum 
width of 138 feet at all times. These safety zones will ensure the 
safety of all vessels and crew that are working and transiting in the 
construction areas.

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

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this regulation under 
Executive Order 12866. The Coast Guard has made this determination 
based on the fact that the safety zones created by this rule will not 
significantly affect the maritime public because vessels may still 
transit in the vicinity of the safety zones.

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 zones. The safety zones will 
not have a significant economic impact on a substantial number of small 
entities because the area can still be used to transit through this 
section of the river, which will maintain a minimum width of 138 feet. 
Other maritime users, such as dragon boats, kayaks, and canoes, will be 
able to transit around the safety zones or through the open section.

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

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.

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

[[Page 14972]]

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 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 establishment of 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.

    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.T13-207 to read as follows:


Sec.  165.T13-207  Safety Zones; Sellwood Bridge project, Willamette 
River; Portland, OR

    (a) Location. The safety zone on the western river bank encompasses 
all waters of the Willamette River within the following four lines: 
Line one starting at 45-27'53.5'' N/122-40'03.5'' W then heading 375 
feet offshore to 45-27'53.5'' N/122-39'58.5'' W then heading up river 
200 feet to 45-27'49.5'' N/122-39'58.5'' W then heading 375 feet back 
to the shore at 45-27'49.5'' N/122-40'04.5'' W then following the 
shoreline to end at 45-27'53.5'' N/122-40'40'03.5'' W. The safety zone 
on the eastern river bank is encompassed within the following four 
lines: Line one starting at 45-27'53.5'' N/122-39'50.5'' W then heading 
420 feet offshore to 45-27'53.5'' N/122-39'55.0'' W then heading up 
river 200 feet to 45-27'49.5'' N/122-39'55.0'' W then heading 420 feet 
back to the shore at 45-27'49.5'' N/122-39'47.0'' W then following the 
shoreline to end at 45-27'49.5'' N/122-39'47.0'' W. Geographically, 
this rule will cover all waters of the Willamette River 100 feet 
upriver and downriver of the existing Sellwood Bridge, inward 375 feet 
from the Western side shoreline, and inward 420 feet from the Eastern 
side shoreline. The section of the Willamette River between the safety 
zones will remain open for vessel transits, and it will have a minimum 
width of 138 feet at all times.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter or remain in the safety 
zones created in this section or bring, cause to be brought, or allow 
to remain in the safety zones created in this section any vehicle, 
vessel, or object unless authorized by the Captain of the Port or his 
designated representative. The Captain of the Port may be assisted by 
other Federal, state, or local agencies with the enforcement of the 
safety zones.
    (c) Enforcement period. The safety zones created by this section 
will be in effect from 4 p.m. March 1, 2012, through 11 a.m. July 1, 
2012.

    Dated: March 1, 2012.
B.C. Jones,
Captain, U. S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-6137 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P