Safety Zones; Blasting and Dredging Operations and Movement of Explosives, Columbia River, Portland to St. Helens, OR, 60157-60159 [E9-27725]
Download as PDF
<![CDATA[
dcolon on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations
often make costly investment errors.
Those who receive and follow quality
investment advice can reduce such
errors and thereby reap substantial
financial benefit. The Department
estimated that the PPA statutory
exemption as implemented by the final
regulation, together with the final class
exemption, would extend investment
advice to 21 million previously
unadvised participants and
beneficiaries, generating $13 billion in
annual financial benefits at a cost of $5
billion, for a net annual financial benefit
of $8 billion.
In arriving at its estimates, the
Department assumed that on average
participants and beneficiaries who are
advised make investment errors at onehalf the rate of those who are not. The
Department further assumed that
different types of investment advice
arrangements on average would be
equally effective: Arrangements
operating without need for exemptive
relief, those operating pursuant to the
PPA, and those operating pursuant to
the class exemption all would reduce
investment errors by one-half on
average.
The Department’s assumptions
regarding the effectiveness of different
advice arrangements were subject to
uncertainty, particularly as applied to
its assessment of the final class
exemption’s effects. In the preamble to
the January 2009 final regulation and
class exemption the Department noted
evidence that conflicts of interest, such
as those that might be attendant to
advice arrangements operating pursuant
to the class exemption, can sometimes
taint advice. Conflicted advisers
pursuing their own interests, and the
investment managers who compensate
them, may profit at the expense of
participants and beneficiaries. The
conditions attached to the class
exemption were intended to ensure that
advisers operating pursuant to the class
exemption would honor the interests of
participants and beneficiaries.
As discussed earlier, a number of
commenters raised legal and policy
issues concerning the exemption and, in
particular, questioned the adequacy of
the final class exemption’s conditions to
mitigate the potential for investment
adviser self-dealing. The Department
believes that the questions raised in
these comments are sufficient to cast
doubt on the conditions’ adequacy to
mitigate advisers’ conflicts. If conflicts
are not mitigated advice might be
tainted. Therefore the Department has
set aside its previous assumption that
participants and beneficiaries who
follow advice delivered pursuant to the
final class exemption will commit
VerDate Nov<24>2008
15:06 Nov 19, 2009
Jkt 220001
investment errors at one-half the rate of
those who are unadvised, together with
its previous conclusion that the final
class exemption’s benefits justify its
cost. Instead the Department believes
that doubts as to whether the final class
exemption’s conditions are adequate to
mitigate conflicts justify withdrawal of
the final class exemption. Accordingly,
the Department is withdrawing the
January 2009 final rule. With regard to
the statutory prohibited transaction
exemption under ERISA Section
408(b)(14) and Section 408(g), and Code
Section 4975, in order to address the
absence of regulatory guidance that
results from withdrawal of the January
2009 final rule, the Department intends
to propose regulations that, upon
adoption, implement those provisions.
Work is currently being completed on
those proposed regulations, and the
Department anticipates that they will be
published in the Federal Register
shortly.
For the reasons set forth above, the
publication on January 21, 2009 (74 FR
3822), of the final rule amending 29 CFR
Part 2550, for which the effective and
applicability date was delayed on March
20, 2009 (74 FR 11847), May 22, 2009
(74 FR 23951) and November 17, 2009,
is withdrawn.
Signed at Washington, DC, this 16th day of
November 2009.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. E9–27889 Filed 11–19–09; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0946]
RIN 1625–AA00
Safety Zones; Blasting and Dredging
Operations and Movement of
Explosives, Columbia River, Portland
to St. Helens, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing two temporary safety zones
on the Columbia River to help ensure
the safety of the maritime public during
blasting and dredging operations taking
place near St. Helens, Oregon as well as
the movement of explosives for those
operations from Portland, Oregon to the
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
60157
work site. The first temporary safety
zone is a fixed zone around the area
where the blasting and dredging
operations will be taking place near St.
Helens, Oregon. The second temporary
safety zone is a moving zone around the
barge KRS 200–6 at any time that it has
explosives onboard.
DATES: This rule is effective from 12:01
a.m. on November 20, 2009 through
11:59 p.m. on February 28, 2010.
The safety zone has been enforced
with actual notice since October 30,
2009.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
0946 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0946 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 e-mail MST1 Jaime Sayers,
Waterways Management Division, U.S.
Coast Guard Sector Portland; telephone
503–240–9319, e-mail
Jaime.A.Sayers@uscg.mil. 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)
because the publishing of an NPRM
would be impracticable and contrary to
public interest since immediate action is
needed to ensure the public’s safety
during blasting and dredging operations.
Delaying the implementation of the
safety zone would subject the public to
the hazards associated with blasting and
dredging operations and the movement
of explosives for those operations. The
E:\FR\FM\20NOR1.SGM
20NOR1
60158
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations
danger posed by the large volume of
marine traffic on the Columbia River
makes safety zone regulations necessary
to provide for the safety of construction
support vessels, spectator craft and
other vessels transiting the event area.
For the safety concerns noted, it is in
the public interest to have these
regulations in effect during blasting and
dredging operations. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On-scene
Coast Guard and local law enforcement
vessels will also provide actual notice to
mariners.
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 to do otherwise would
be contrary to the public interest of
ensuring public safety during blasting
and dredging operations, and immediate
action is necessary to prevent possible
loss of life and property.
dcolon on DSKHWCL6B1PROD with RULES
Background and Purpose
As part of the Columbia River
Deepening (Channel Improvement)
Project, the Army Corps of Engineers
must blast and dredge on portions of the
Columbia River near St. Helens, Oregon.
Due to the inherent dangers associated
with blasting and dredging operations, a
safety zone is necessary to help ensure
the safety of the maritime public
operating near the work site. The
potential explosive arc for the work site
of this project has been calculated to be
approximately 832 feet.
The blasting and dredging operations
also require the movement of explosives
via barge from Portland, Oregon to the
work site. Due to the inherent dangers
associated with the movement of
explosives, a safety zone is necessary to
help ensure the safety of the maritime
public operating near the barge when
explosives are on board.
The project is also required to comply
with applicable state laws.
Discussion of Rule
The Coast Guard is establishing two
temporary safety zones. The first
temporary safety zone applies to the
navigable waters within a radius of 1500
feet centering on the Army Corps of
Engineers Columbia River Deepening
(Channel Improvement) Project work
site near St. Helens, Oregon located on
the Columbia River from Duck Club
Light 6 across to Bachelor Island
downstream to the point of Austin Point
and across to Warrior Point, at
45°50′31.2″ N/122°46′51.6″ W;
45°50′31.2″ N/122°46′51.6″ W;
45°49′37.2″ N/122°47′16.79″ W;
VerDate Nov<24>2008
15:06 Nov 19, 2009
Jkt 220001
45°49′47.9″ N/122°47′42.00″ W;
45°50′56.4″ N/122°47′16.79″ W (NAD
83). The second temporary safety zone
applies to the navigable waters with a
radius of 500 feet centering on the barge
KRS 200–6 at any time that it has
explosives onboard. Notice of the
second safety zone will be issued via a
Safety Marine Information Broadcast
(SMIB) broadcast over Channel 16 and
by actual notice on-site. Vessels will be
able to transit the work site and/or barge
safety zones with permission from the
Captain of the Port, Portland or his
designated representative. The Captain
of the Port can be contacted at telephone
number (503) 240–9310, or by radio on
VHF Marine Band Radio, channel 16.
The safety zones will be in effect from
12:01 a.m. on October 28, 2009 through
11:59 p.m. on February 28, 2010.
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
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 primarily on the
fact that maritime traffic will be allowed
to transit the safety zones with
permission from the Captain of the Port,
Portland so there should be little to no
economic impact.
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.
The following entities may be affected
by this rule, some of which may be
small entities: The owners and operators
of vessels intending to operate, transit,
or anchor in a portion of the Columbia
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
River from 12:01 a.m. on October 28,
2009 through 11:59 p.m. on February
28, 2010. The safety zones will not have
a significant impact on a substantial
number of small entities for the
following reasons. Maritime traffic will
be allowed to transit the safety zones
with permission from the Captain of the
Port, Portland or his designated
representative, and the Coast Guard will
make notifications via maritime
advisories so mariners can adjust their
plans accordingly.
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 or more in any one year.
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Rules and Regulations
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 effect 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
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
dcolon on DSKHWCL6B1PROD with RULES
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
VerDate Nov<24>2008
15:06 Nov 19, 2009
Jkt 220001
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 which 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 regulations establishing 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
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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. § 165.T13–114 is added to read as
follows:
■
§ 165.T13–114 Safety Zones; Blasting and
Dredging Operations and Movement of
Explosives, Columbia River, Portland to St.
Helens, OR
(a) Location. The following areas are
safety zones: (1) All waters of the
Columbia River from Duck Club Light 6
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
60159
across to Bachelor Island downstream to
the point of Austin Point and across to
Warrior Point at 45°50′31.2″ N/
122°46′51.6″ W; 45°50′31.2″ N/
122°46′51.6″ W; 45°49′37.2″ N/
122°47′16.79″ W; 45°49′47.9″ N/
122°47′42.00″ W; 45°50′56.4″ N/
122°47′16.79″ W (NAD 83). (2) All
waters encompassed within a circle
with a radius of 500 feet centered on the
barge KRS 200–6 at any time that it has
explosives onboard.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Portland in the
enforcement of the safety zone.
(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 established in
paragraph (a) or bring, cause to be
brought, or allow to remain in the safety
zones established in paragraph (a) of
this section any vehicle, vessel, or object
unless authorized by the Captain of the
Port, Portland or his designated
representative.
(d) Enforcement Period. The safety
zones established in paragraph (a) or
this section are applicable from 12:01
a.m. on October 28, 2009 through 11:59
p.m. on February 28, 2010.
Dated: October 30, 2009.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the
Port, Portland.
[FR Doc. E9–27725 Filed 11–19–09; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD73
Special Regulations; Areas of the
National Park System
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule governs winter
visitation and certain recreational use in
Yellowstone National Park for the 2009–
2010 and 2010–2011 seasons. This final
rule is issued to implement the Finding
of No Significant Impact (FONSI) for the
2008 Winter Use Plans Environmental
Assessment (2008 EA) approved
October 15, 2009, and will provide
E:\FR\FM\20NOR1.SGM
20NOR1
]]>Agencies
[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60157-60159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27725]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0946]
RIN 1625-AA00
Safety Zones; Blasting and Dredging Operations and Movement of
Explosives, Columbia River, Portland to St. Helens, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones on
the Columbia River to help ensure the safety of the maritime public
during blasting and dredging operations taking place near St. Helens,
Oregon as well as the movement of explosives for those operations from
Portland, Oregon to the work site. The first temporary safety zone is a
fixed zone around the area where the blasting and dredging operations
will be taking place near St. Helens, Oregon. The second temporary
safety zone is a moving zone around the barge KRS 200-6 at any time
that it has explosives onboard.
DATES: This rule is effective from 12:01 a.m. on November 20, 2009
through 11:59 p.m. on February 28, 2010.
The safety zone has been enforced with actual notice since October
30, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0946 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-0946 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 e-mail MST1 Jaime Sayers, Waterways Management
Division, U.S. Coast Guard Sector Portland; telephone 503-240-9319, e-
mail Jaime.A.Sayers@uscg.mil. 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)
because the publishing of an NPRM would be impracticable and contrary
to public interest since immediate action is needed to ensure the
public's safety during blasting and dredging operations. Delaying the
implementation of the safety zone would subject the public to the
hazards associated with blasting and dredging operations and the
movement of explosives for those operations. The
[[Page 60158]]
danger posed by the large volume of marine traffic on the Columbia
River makes safety zone regulations necessary to provide for the safety
of construction support vessels, spectator craft and other vessels
transiting the event area. For the safety concerns noted, it is in the
public interest to have these regulations in effect during blasting and
dredging operations. The Coast Guard will issue broadcast notice to
mariners to advise vessel operators of navigational restrictions. On-
scene Coast Guard and local law enforcement vessels will also provide
actual notice to mariners.
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 to do otherwise would be
contrary to the public interest of ensuring public safety during
blasting and dredging operations, and immediate action is necessary to
prevent possible loss of life and property.
Background and Purpose
As part of the Columbia River Deepening (Channel Improvement)
Project, the Army Corps of Engineers must blast and dredge on portions
of the Columbia River near St. Helens, Oregon. Due to the inherent
dangers associated with blasting and dredging operations, a safety zone
is necessary to help ensure the safety of the maritime public operating
near the work site. The potential explosive arc for the work site of
this project has been calculated to be approximately 832 feet.
The blasting and dredging operations also require the movement of
explosives via barge from Portland, Oregon to the work site. Due to the
inherent dangers associated with the movement of explosives, a safety
zone is necessary to help ensure the safety of the maritime public
operating near the barge when explosives are on board.
The project is also required to comply with applicable state laws.
Discussion of Rule
The Coast Guard is establishing two temporary safety zones. The
first temporary safety zone applies to the navigable waters within a
radius of 1500 feet centering on the Army Corps of Engineers Columbia
River Deepening (Channel Improvement) Project work site near St.
Helens, Oregon located on the Columbia River from Duck Club Light 6
across to Bachelor Island downstream to the point of Austin Point and
across to Warrior Point, at 45[deg]50'31.2'' N/122[deg]46'51.6'' W;
45[deg]50'31.2'' N/122[deg]46'51.6'' W; 45[deg]49'37.2'' N/
122[deg]47'16.79'' W; 45[deg]49'47.9'' N/122[deg]47'42.00'' W;
45[deg]50'56.4'' N/122[deg]47'16.79'' W (NAD 83). The second temporary
safety zone applies to the navigable waters with a radius of 500 feet
centering on the barge KRS 200-6 at any time that it has explosives
onboard. Notice of the second safety zone will be issued via a Safety
Marine Information Broadcast (SMIB) broadcast over Channel 16 and by
actual notice on-site. Vessels will be able to transit the work site
and/or barge safety zones with permission from the Captain of the Port,
Portland or his designated representative. The Captain of the Port can
be contacted at telephone number (503) 240-9310, or by radio on VHF
Marine Band Radio, channel 16. The safety zones will be in effect from
12:01 a.m. on October 28, 2009 through 11:59 p.m. on February 28, 2010.
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
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 primarily on the fact that maritime traffic will be
allowed to transit the safety zones with permission from the Captain of
the Port, Portland so there should be little to no economic impact.
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. The following entities may be affected by this rule, some of
which may be small entities: The owners and operators of vessels
intending to operate, transit, or anchor in a portion of the Columbia
River from 12:01 a.m. on October 28, 2009 through 11:59 p.m. on
February 28, 2010. The safety zones will not have a significant impact
on a substantial number of small entities for the following reasons.
Maritime traffic will be allowed to transit the safety zones with
permission from the Captain of the Port, Portland or his designated
representative, and the Coast Guard will make notifications via
maritime advisories so mariners can adjust their plans accordingly.
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 or more in any
one year.
[[Page 60159]]
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 effect 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
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 which 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 regulations
establishing 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.
0
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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Sec. 165.T13-114 is added to read as follows:
Sec. 165.T13-114 Safety Zones; Blasting and Dredging Operations and
Movement of Explosives, Columbia River, Portland to St. Helens, OR
(a) Location. The following areas are safety zones: (1) All waters
of the Columbia River from Duck Club Light 6 across to Bachelor Island
downstream to the point of Austin Point and across to Warrior Point at
45[deg]50'31.2'' N/122[deg]46'51.6'' W; 45[deg]50'31.2'' N/
122[deg]46'51.6'' W; 45[deg]49'37.2'' N/122[deg]47'16.79'' W;
45[deg]49'47.9'' N/122[deg]47'42.00'' W; 45[deg]50'56.4'' N/
122[deg]47'16.79'' W (NAD 83). (2) All waters encompassed within a
circle with a radius of 500 feet centered on the barge KRS 200-6 at any
time that it has explosives onboard.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP) Portland in the enforcement of
the safety zone.
(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 established in paragraph (a) or bring, cause to be brought, or
allow to remain in the safety zones established in paragraph (a) of
this section any vehicle, vessel, or object unless authorized by the
Captain of the Port, Portland or his designated representative.
(d) Enforcement Period. The safety zones established in paragraph
(a) or this section are applicable from 12:01 a.m. on October 28, 2009
through 11:59 p.m. on February 28, 2010.
Dated: October 30, 2009.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. E9-27725 Filed 11-19-09; 8:45 am]
BILLING CODE 9110-04-P
