Safety Zones; Sellwood Bridge Project, Willamette River; Portland, OR, 15009-15012 [2012-6126]
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Proposed Rules
(1) Race Area. All waters of the
Atlantic Ocean located east of Cocoa
Beach encompassed within an
imaginary line connecting the following
points: Starting at Point 1 in position
28°22′09″ N, 80°35′52″ W; thence east to
Point 2 in position 28°22′08″ N,
80°35′46″ W; thence south to Point 3 in
position 28°19′53″ N, 80°36′02″ W;
thence west to Point 4 in position
28°19′53″ N, 80°36′08″ W; thence north
back to origin.
(2) Buffer Zone. All waters of the
Atlantic Ocean located east of Cocoa
Beach, excluding the race area, and
encompassed within an imaginary line
connecting the following points:
Starting at Point 1 in position 28°22′16″
N, 80°36′04″ W; thence east to Point 2
in position 28°22′15″ N, 80°35′39″ W;
thence south to Point 3 in position
28°19′47″ N, 80°35′55″ W; thence west
to Point 4 in position 28°19′47″ N,
80°36′22″ W; thence north back to
origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Jacksonville in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated areas
unless authorized by the Captain of the
Port Jacksonville or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas may
contact the Captain of the Port
Jacksonville by telephone at 904–564–
7501, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated areas is granted by
the Captain of the Port Jacksonville or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Jacksonville or
a designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 9 a.m. until 5:30 p.m.
on May 20, 2012.
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Dated: February 13, 2012.
C.A. Blomme,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
15009
DEPARTMENT OF HOMELAND
SECURITY
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Coast Guard
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2012–6182 Filed 3–13–12; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket No. USCG–2012–0131]
RIN 1625–AA00
Safety Zones; Sellwood Bridge Project,
Willamette River; Portland, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes the
establishment of 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.
The two safety zones proposed in this
rule are located within the same
geographical points as safety zones
issued as a temporary final rule effective
through 11 a.m., July 1, 2012.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 14, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0131 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
SUMMARY:
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If
you have questions on this proposed
rule, call or email ENS Ian McPhillips,
Waterways Management Division,
Marine Safety Unit Portland, Coast
Guard; telephone 503–240–9319, email
Ian.P.McPhillips@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0131),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
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‘‘USCG–2012–0131’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2012–
0131’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
pstrozier on DSK7SPTVN1PROD with PROPOSALS
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 13, 2012 using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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
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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, this will ensure that the
vessels operating in the vicinity of the
designated areas will not be in any
dangerous areas near the temporary
structures or cranes.
Discussion of Proposed Rule
The proposed rule would create 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 first safety zone on the West river
bank is encompassed within the
following four lines: Line one starting at
45–27′53.5″ N/122–40′03.5″ W then
heading 375 feet offshore to 45–27′53.5″
N/122–39′58.5″ W then heading up river
200 feet to 45–27′49.5″ N/122–39′58.5″
W then heading 375 feet back to the
shore at 45–27′49.5″ N/122–40′04.5″ W
then following the shoreline to end at
45–27′53.5″ N/122–40′03.5″ W. The
second safety zone on the East river
bank is encompassed within the
following four lines: Line one starting at
45–27′53.5″ N/122–39′50.5″ W then
heading 420 feet offshore to 45–27′53.5″
N/122–39′55.0″ W then heading up river
200 feet to 45–27′49.5″ N/122–39′55.0″
W then heading 420 feet back to the
shore at 45–27′49.5″ N/122–39′47.0″ W
then following the shoreline to end at
45–27′49.5″ N/122–39′47.0″ W.
Geographically this rule will cover all
waters of the Willamette River 100 feet
upriver and downriver of the existing
Sellwood Bridge, inward 375 feet from
the Western side shoreline, and inward
420 feet from the Eastern side shoreline.
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
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the safety of the all vessels and crew
that are working and transiting in the
construction areas.
Regulatory Analyses
We developed this proposed 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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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
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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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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 Ian.P.McPhillips@uscg.mil. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
Federalism
Energy Effects
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 proposed rule under that Order and
have determined that it does not have
implications for federalism.
We have analyzed this proposed 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.
Collection of Information
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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
proposed rule would not result in such
an expenditure, we do discuss the
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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
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15011
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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. A preliminary
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 proposed rule involves the creation
of two safety zones. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 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. 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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T13–208 to read as
follows:
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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
(a) Location. The safety zone on the
western river bank encompasses all
waters of the Willamette River within
the following four lines: Line one
starting at 45–27′53.5″ N/122–40′03.5″
W then heading 375 feet offshore to 45–
27′53.5″ N/122–39′58.5″ W then heading
up river 200 feet to 45–27′49.5″ N/122–
39′58.5″ W then heading 375 feet back
to the shore at 45–27′49.5″ N/122–
40′04.5″ W then following the shoreline
to end at 45–27′53.5″ N/122–40′03.5″ W.
The safety zone on the eastern river
bank is encompassed within the
following four lines: line one starting at
45–27′53.5″ N/122–39′50.5″ W then
heading 420 feet offshore to 45–27′53.5″
N/122–39′55.0″ W then heading up river
200 feet to 45–27′49.5″ N/122–39′55.0″
W then heading 420 feet back to the
shore at 45–27′49.5″ N/122–39′47.0″ W
then following the shoreline to end at
45–27′49.5″ N/122–39′47.0″ W.
Geographically, this rule will cover all
waters of the Willamette River 100 feet
upriver and downriver of the existing
Sellwood Bridge, inward 375 feet from
the Western side shoreline, and inward
420 feet from the Eastern side shoreline.
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.
(b) 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 or
his 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) Effective Period. The Safety zones
created by this section will be in effect
from 11 a.m. on July 1, 2012 through 11
p.m. on January 31, 2015.
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§ 165.T13–208 Safety Zones; Sellwood
Bridge project, Willamette River; Portland,
OR
40 CFR Part 180
Dated: March 1, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2012–6126 Filed 3–13–12; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–HQ–OPP–2012–0001; FRL–9335–9]
Receipt of Several Pesticide Petitions
Filed for Residues of Pesticide
Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
AGENCY:
This document announces the
Agency’s receipt of several initial filings
of pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before April 13, 2012.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number and the pesticide petition
number (PP) of interest as shown in the
body of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
the docket ID number and the pesticide
petition number of interest as shown in
the body of this document. EPA’s policy
is that all comments received will be
included in the docket without change
and may be made available on-line at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov or email. The
SUMMARY:
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regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: A
contact person, with telephone number
and email address, is listed at the end
of each pesticide petition summary. You
may also reach each contact person by
mail at Antimicrobials Division (7510P),
Biopesticides and Pollution Prevention
Division (7511P), or Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
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E:\FR\FM\14MRP1.SGM
14MRP1
Agencies
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Proposed Rules]
[Pages 15009-15012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6126]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes the establishment of 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.
The two safety zones proposed in this rule are located within the
same geographical points as safety zones issued as a temporary final
rule effective through 11 a.m., July 1, 2012.
DATES: Comments and related material must be received by the Coast
Guard on or before May 14, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0131 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email ENS Ian McPhillips, Waterways Management Division,
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email
Ian.P.McPhillips@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0131), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert
[[Page 15010]]
``USCG-2012-0131'' in the ``Keyword'' box. Click ``Search'' then click
on the balloon shape in the ``Actions'' column. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0131'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 13, 2012 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
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, this will ensure that the
vessels operating in the vicinity of the designated areas will not be
in any dangerous areas near the temporary structures or cranes.
Discussion of Proposed Rule
The proposed rule would create 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 first safety zone on the
West river bank is encompassed within the following four lines: Line
one starting at 45-27'53.5'' N/122-40'03.5'' W then heading 375 feet
offshore to 45-27'53.5'' N/122-39'58.5'' W then heading up river 200
feet to 45-27'49.5'' N/122-39'58.5'' W then heading 375 feet back to
the shore at 45-27'49.5'' N/122-40'04.5'' W then following the
shoreline to end at 45-27'53.5'' N/122-40'03.5'' W. The second safety
zone on the East river bank is encompassed within the following four
lines: Line one starting at 45-27'53.5'' N/122-39'50.5'' W then heading
420 feet offshore to 45-27'53.5'' N/122-39'55.0'' W then heading up
river 200 feet to 45-27'49.5'' N/122-39'55.0'' W then heading 420 feet
back to the shore at 45-27'49.5'' N/122-39'47.0'' W then following the
shoreline to end at 45-27'49.5'' N/122-39'47.0'' W. Geographically this
rule will cover all waters of the Willamette River 100 feet upriver and
downriver of the existing Sellwood Bridge, inward 375 feet from the
Western side shoreline, and inward 420 feet from the Eastern side
shoreline. 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 proposed 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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
[[Page 15011]]
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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 Ian.P.McPhillips@uscg.mil. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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. A preliminary
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 proposed rule involves the creation of two safety
zones. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 proposes
to amend 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. 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T13-208 to read as follows:
[[Page 15012]]
Sec. 165.T13-208 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 lines:
Line one starting at 45-27'53.5'' N/122-40'03.5'' W then heading 375
feet offshore to 45-27'53.5'' N/122-39'58.5'' W then heading up river
200 feet to 45-27'49.5'' N/122-39'58.5'' W then heading 375 feet back
to the shore at 45-27'49.5'' N/122-40'04.5'' W then following the
shoreline to end at 45-27'53.5'' N/122-40'03.5'' W. The safety zone on
the eastern river bank is encompassed within the following four lines:
line one starting at 45-27'53.5'' N/122-39'50.5'' W then heading 420
feet offshore to 45-27'53.5'' N/122-39'55.0'' W then heading up river
200 feet to 45-27'49.5'' N/122-39'55.0'' W then heading 420 feet back
to the shore at 45-27'49.5'' N/122-39'47.0'' W then following the
shoreline to end at 45-27'49.5'' N/122-39'47.0'' W. Geographically,
this rule will cover all waters of the Willamette River 100 feet
upriver and downriver of the existing Sellwood Bridge, inward 375 feet
from the Western side shoreline, and inward 420 feet from the Eastern
side shoreline. 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.
(b) 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 or his
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) Effective Period. The Safety zones created by this section will
be in effect from 11 a.m. on July 1, 2012 through 11 p.m. on January
31, 2015.
Dated: March 1, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-6126 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P