[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60911-60913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21614]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0606]
RIN 1625-AA00


Safety Zone; I-5 Bridge Construction Project, Columbia River, 
Vancouver, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Columbia River. This action is necessary to 
provide for the safety of life on these navigable waters around the 
Northbound I-5 Interstate Bridge at Columbia River Mile 106.5. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Columbia River.

DATES: This rule is effective with actual notice from 12:01 a.m. on 
September 27, 2020, through September 29, 2020. It is effective without 
actual notice from September 29, 2020 through 11:59 p.m. on October 12, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0247 in the ``SEARCH'' box and click ``SEARCH.'' To view the Click 
on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Dixon Whitley, Waterways Management 
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Oregon Department of Transportation notified the Coast Guard 
that they will be replacing bridge components at the south end of the 
Northbound I-5 Interstate Bridge over the Columbia River at River Mile 
106.5 beginning September 6, 2020, through September 26, 2020. In 
response, on June 22, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; I-5 Bridge Construction 
Project, Columbia River, Vancouver, WA (85 FR 37397). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to this construction project. During the comment period 
that ended July 22, 2020, we did not receive any relevant comments. On 
September 24, 2020, the Oregon Department of Transportation notified 
the Coast Guard that the work was not finished, and will not be 
completed until October 12, 2020. In response, the Coast Guard is 
publishing this Temporary final rule to further establish the temporary 
safety zone until all work is complete.
    The Coast Guard is issuing this temporary 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 the Oregon Department of 
Transportation did not submit notice to the Coast Guard with sufficient 
time to publish an NPRM before the previous safety zone expires and the 
public is exposed to the dangers associated with this bridge 
construction work. Delaying the effective date of this rule to wait for 
a comment period to run would be impracticable and contrary to the 
public interest by inhibiting the Coast Guard's ability to protect 
mariners and vessels from the hazards associated with this bridge 
construction work.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30-day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of Port Sector Columbia 
River has determined that the potential hazards associated with the 
construction project would be a safety concern for anyone within the 
designated area of the I-5 bridge

[[Page 60912]]

construction project. The purpose of this rulemaking is to ensure the 
safety of vessels and the navigable waters within the designated area 
of the I-5 bridge construction project.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no relevant comments on our NPRM 
published June 22, 2020. This TFR is substantially the same to the one 
published in conjunction with that TFR (Docket No. USCG-2020-0247,) 
just with different effective dates.
    This rule establishes a safety zone from 12:01 a.m. on September 
27, 2020, through 11:59 p.m. on October 12, 2020. The safety zone will 
cover all navigable waters of the Columbia River, directly below the 
lifting span of the I-5 bridge from the Washington shoreline to the 
edge of the lifting span (approx. 800 ft.), and approximately 400 ft. 
both east and west of the bridge. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters while the 
bridge construction is underway. No vessel or person would be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone, which would 
only impact a small designated area of the Columbia River, during the 
bridge construction project. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
safety zone, and the rule would allow vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule's predecessor under Department of 
Homeland Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969(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. That rule involved enforcing a safety zone for 20 days 
that prohibits vessel traffic from transiting underneath the lift span 
of the I-5 Bridge during bridge repair and construction operations. It 
was, and by extension this TFR is, categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of

[[Page 60913]]

Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T13-0247 to read as follows:


Sec.  165.T13-0247  Safety Zone[s]; Safety Zone; I-5 Bridge 
Construction Project, Columbia River, Vancouver, WA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Columbia River, surface to bottom, encompassed by a line 
connecting the following points beginning at the shoreline at 
45[deg]37'17.7'' N/122[deg]40'31.4'' W, southwest to 45[deg]37'12.1'' 
N/122[deg]40'35.0'' W, southeast to 45[deg]37'08.8'' N 
122[deg]40'22.1'' W, thence northeast to 45[deg]37'15.0'' N/
122[deg]40'18.3'' W, and along the shoreline back to the beginning 
point.
    (b) Definitions. As used in this section, designated representative 
means any Coast commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port Columbia River (COTP) to act on 
his behalf, or a Federal, State, and local officer designated by or 
assisting the Captain of the Port Columbia River in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zone may contact the COTP's on-scene designated representative by 
calling 503-209-2468 or the Sector Columbia River Command Center on 
Channel 16 VHF-FM. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is in effect from 12:01 a.m. 
on September 27, 2020, through 11:59 p.m. on October 12, 2020. It will 
be subject to enforcement this entire period unless the Captain of the 
Port, Columbia River determines it is no longer needed. The Coast Guard 
will inform mariners of any change to this period of enforcement via 
Broadcast Notice to Mariners.

    Dated: September 24, 2020.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2020-21614 Filed 9-28-20; 8:45 am]
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