[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 38723-38725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15951]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0131]
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 located on the Willamette River in Portland, Oregon. 
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 at 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 from July 1, 2012 until January 31, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0131 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0131 in the 
``Search'' 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 Final 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

Regulatory History and Information

    On May 14, 2012 we published a notice of proposed rulemaking (NPRM) 
titled Sellwood Bridge Project, Willamette River (77 FR 15009). We 
received no comments on the proposed rule. There were no requests made 
for public meeting regarding this rule and none were held. No other 
documents have been published for this rulemaking.

Basis 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. Construction work will continue through January 
1, 2015. 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, these safety zones will ensure 
that the vessels operating in the vicinity of the designated area will 
not be in any dangerous areas near the temporary structures or cranes.

Discussion of the Rule

    The rule establishes two safety zones that 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 safety zone on the western river bank encompasses all 
waters of the Willamette River within the following four points:

 
 
 
         45-27'53.5'' N                      122-40'03.5'' W
         45-27'53.5'' N                      122-39'58.5'' W
         45-27'49.5'' N                      122-39'58.5'' W
         45-27'49.5'' N                      122-40'04.5'' W
 

    The safety zone on the eastern river bank is encompassed within the 
following four points:

 
 
 
         45-27'53.5'' N                      122-39'50.5'' W
         45-27'53.5'' N                      122-39'55.0'' W
         45-27'49.5'' N                      122-39'55.0'' W
         45-27'49.5'' N                      122-39'47.0'' W
 

    Geographically this rule covers the waters of the Willamette River 
for two

[[Page 38724]]

zones east and west of the main shipping channel, 100 feet upriver and 
downriver of the existing Sellwood Bridge, from the edges of the 
shipping channel outward to the east and west shorelines. 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 the 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.

Impact on 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 want to assist small 
entities in understanding this 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 ENS Ian McPhillips, Waterways 
Management Division, Marine Safety Unit Portland, Coast Guard; 
telephone 503-240-9319, email [email protected]. 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.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of the people, places or vessels.

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 Interferences 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

[[Page 38725]]

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 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. An environmental analysis checklist 
supporting this determination is available in the docket where 
indicated under ADDRESSES. This rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the instruction. This rule involves 
the creation of two safety zones.

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; Public Law 
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 points:

 
 
 
         45-27'53.5'' N                      122-40'03.5'' W
         45-27'53.5'' N                      122-39'58.5'' W
         45-27'49.5'' N                      122-39'58.5'' W
         45-27'49.5'' N                      122-40'04.5'' W
 

    (b) The safety zone on the eastern river bank encompasses all 
waters of the Willamette River within the following four points:

 
 
 
         45-27'53.5'' N                      122-39'50.5'' W
         45-27'53.5'' N                      122-39'55.0'' W
         45-27'49.5'' N                      122-39'55.0'' W
         45-27'49.5'' N                      122-39'47.0'' W
 

    (c) 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 Columbia 
River or his designated representative. The Captain of the Port 
Columbia River may be assisted by other federal, state, or local 
agencies with the enforcement of the safety zones.
    (d) Enforcement Period. The safety zones created by this section 
will be in effect from 11 a.m. on July 1, 2012 through 11:00 p.m. on 
January 31, 2015.

    Dated: June 5, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-15951 Filed 6-28-12; 8:45 am]
BILLING CODE 9110-04-P