[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17683-17685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07591]



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  Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules 
and Regulations  

[[Page 17683]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0187]
RIN 1625-AA00


Safety Zone; Sellwood Bridge Construction, Willamette River, 
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone in Portland, OR. 
This safety zone is necessary to ensure the safety of the maritime 
public and construction crews during construction of the Sellwood 
Bridge by prohibiting unauthorized persons and vessels from entering 
the regulated area unless authorized by the Sector Columbia River 
Captain of the Port or his designated representatives.

DATES: This rule is effective without actual notice from April 2, 2015 
until June 10, 2015. For the purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 19, 2015, through 
April 2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0187]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ken Lawrenson, Waterways Management Division, Marine 
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule

A. Regulatory History and 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. 
Based on the date on which notice of construction was given, a notice 
and comment period could not be held before the need for the safety 
zone restrictions, which will go into effect March 19, 2015.
    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 because the work will commence and 
vessel movements in this area need to be restricted during the period 
of construction, which commences immediately.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish 
safety zones in 33 CFR 1.05-1(f) for safety and environmental purposes 
as described in 33 CFR part 165.
    The construction of bridges creates hazardous conditions for both 
the maritime public and the construction crews because of crane barges 
positioned within the temporary navigation channel of the river, anchor 
lines protruding outward from the barges, falling debris, and the 
suspension of heavy loads over the waterway. A safety zone is necessary 
to restrict vessel movement and reduce traffic going under the bridge 
during these critical lifts to ensure the safety of the maritime public 
and construction crews.

C. Discussion of the Rule

    The rule establishes a Safety Zone in the Thirteenth Coast Guard 
District.
    The safety zone created by this rule will cover all waters bank to 
bank of the Willamette River encompassed within chart 18528 starting at 
a line drawn from 45[deg]27'57'' N/122[deg]40'04'' W then east to 
45[deg]27'57'' N/122[deg]39'51'' W then south to 45[deg]27'47'' N/
122[deg]39'44'' W then west to 45[deg]27'47'' N/122[deg]40'04'' W then 
north to 45[deg]27'57''N/122[deg]40'04'' W.
    The rule will be enforced while construction is underway. 
Construction is currently scheduled to take place from March 19, 2015 
through 6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on 
May 15, 2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will 
notify mariners of any changes to the construction schedule and 
enforcement of this safety zone via a Broadcast Notice to Mariners and 
Local Notice to Mariners. This rule has been enforced with actual 
notice since March 19, 2015.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard has made this determination based on the fact that 
the safety zone created by this rule is small in size, and vessels may 
still transit

[[Page 17684]]

through the area at a reduced speed of five miles per hour.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 zone created in this rule. 
The safety zone will not have a significant economic impact on a 
substantial number of small entities because vessels may still be able 
to transit a one hundred thirty eight foot span of the temporary 
navigation channel at the center of the river at a reduced speed when 
deemed safe by the Captain of the Port or his designated 
representative. The Coast Guard has contacted one commercial boat 
operator to inform them of the safety zone and discuss the potential 
impact of the safety zone on operations. The operator indicated that 
impacts on business would be minimal. Additionally, the Coast Guard 
ensured the construction contractor contacted the affected small 
business entities most likely to be impacted.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. 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 people, places or vessels.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This 
rule involves the establishment of a limited access area. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 17685]]


    For the reasons discussed in the preamble, the Coast Guard is 
amending 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 1.05-19(g), 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T13-0187 to read as follows:


Sec.  165.T13-0187  Safety Zone; Sellwood Bridge Construction, 
Willamette River, Portland, OR.

    (a) Safety Zone. The following area is a designated safety zone:
    (1) Location. This safety zone will cover all waters bank to bank 
of the Willamette River encompassed within a line drawn from 45[deg] 
27'57'' N/122[deg] 40'04'' W then east to 45[deg] 27'57'' N/122[deg] 
39'51'' W then south to 45[deg] 27'47'' N/122[deg] 39'44'' W then west 
to 45[deg] 27'47'' N/122[deg] 40'04'' W then north to 45[deg] 27'57'' 
N/122[deg] 40'04'' W.
    (2) Enforcement Period. This safety zone is in effect from March 
19, 2015 through June 10, 2015. The rule will be enforced while in 
effect based on construction activity and the presence of construction 
equipment that create a safety risk to mariners. Based on the current 
construction schedule, the rule will be enforced from March 19, 2015 to 
6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on May 15, 
2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will inform 
mariners of any change to these periods of enforcement via Broadcast 
Notice to Mariners and Local Notice to Mariners.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer may enforce the rules in this section. In the navigable waters 
of the United States to which this section applies, when immediate 
action is required and representatives of the Coast Guard are not 
present or are not present in sufficient force to provide effective 
enforcement of this section, any Federal Law Enforcement Officer or 
Oregon Law Enforcement Officer may enforce the rules contained in this 
section pursuant to 46 U.S.C. 70118. In addition, the Captain of the 
Port may be assisted by other federal, state, or local agencies in 
enforcing this section.

    Dated: March 19, 2015.
D. J. Travers
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-07591 Filed 4-1-15; 8:45 am]
 BILLING CODE 9110-04-P