[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25080-25082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1173]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY:  The Coast Guard is establishing safety zones encompassing the 
work trestles and construction cranes involved in 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. These safety zones 
replace the prior safety zones established for the TriMet Bridge 
construction site and are more focused in nature than the previous 
safety zone. During the enforcement period, all vessels will be 
required to transit the area at a safe distance from the work being 
conducted.

DATES: This rule is effective from April 27, 2012 until October 31, 
2014.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1173 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1173 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 impracticable, since 
bridge construction is already underway and the safety zone continues 
to be immediately necessary to help ensure the safety of recreational 
and commercial vessels transiting in close proximity to cranes, barges, 
and temporary structures associated with this construction project.
    Under 5 U.S.C. 553(d)(1), the Coast Guard finds that this rule may 
be made effective less than 30 days after publication in the Federal 
Register because it relieves restrictions imposed by the prior safety 
zones, which were broader in scope. Furthermore, under 553(d)(3), we 
find that any delay in the effective date of this rule would constitute 
a danger to the vessels in this area as well as the structures 
associated with the construction project.

Background and Purpose

    Currently, a safety zone exists around the TriMet Bridge Project on 
the Willamette River. This temporary rule is being published to modify 
the safety zone at issue, so that the exclusionary zone does not extend 
from riverbank to riverbank in this section of the river, and also to 
clarify that the safety zones are only temporary. The new zones 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 from the cranes. 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.

Discussion of Rule

    The two safety zones created by this rule cover all waters of the 
Willamette River; however, the establishment of the safety zones does 
not close this section of the Willamette River to vessels desiring to 
pass through the area when transiting up-bound or down-bound. The 
section of the Willamette River between the safety zones will remain 
open for vessel transits throughout the entirety of the project unless 
otherwise specified by the Captain of the Port Columbia River. Vessels 
passing through the area will be required to remain a distance of 100 
feet in all directions away from the work trestles and 140 feet in all 
directions of the cranes. The safety zones will ensure the safety of 
all vessels and crew that are working and transiting in the 
construction areas. Other maritime users, such as dragon boats, kayaks, 
and canoes, will also be able to transit through the open section.

[[Page 25081]]

Regulatory Analyses

    The Coast Guard 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 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), The Coast 
Guard has 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. Other maritime users, such as dragon boats, 
kayaks, and canoes, will be able to transit 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), the Coast Guard offers 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. The Coast Guard has analyzed this 
rule under that Order and has 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 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

    The Coast Guard has 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

    The Coast Guard has analyzed this rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Coast Guard has 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

    The Coast Guard has 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

[[Page 25082]]

(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 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. 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.


0
2. Remove Sec.  165.1338.

0
3. Add Sec.  165.T13-209 to read as follows:


Sec.  165.T13-209  Safety Zones; TriMet Bridge Project, Willamette 
River; Portland, OR.

    (a) Location. The following are safety zones: All waters within 100 
feet of work trestles, in all directions, and within 140 feet, in all 
directions, of the TriMet bridge construction cranes.
    (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 zones 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 zones.
    (c) Authorization. All vessel operators who desire to enter the 
safety zones 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 zones will be escorted 
by the on-scene patrol craft until they are outside of the safety 
zones.
    (d) Enforcement Period. The safety zones detailed in paragraph (a) 
of this section will be enforced from 12:01 a.m. on July 1, 2011 
through 11:59 p.m. on October 30, 2014.

    Dated: April 6, 2012.
B.C. Jones,
Captain, U. S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-10261 Filed 4-26-12; 8:45 am]
BILLING CODE 9110-04-P