Safety Zones; TriMet Bridge Project, Willamette River, Portland, OR, 25080-25082 [2012-10261]
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
feet of vertical clearance throughout the
navigation channel and 46 feet of
vertical clearance throughout the center
60-feet of the bridge; vertical clearance
referenced to the Mean Water Level of
Lake Washington. Vessels which do not
require a bridge opening may continue
to transit beneath the bridge during this
closure period. Under normal
conditions this bridge operates in
accordance with 33 CFR 117.1051(e)
which requires the bridge to open on
signal, except that the bridge need not
open for vessels less than 1,000 gross
tons between 7 a.m. and 9 a.m. and 3:30
p.m. and 6:30 p.m. Monday through
Friday. This deviation period is from
7:30 a.m. on May 20, 2012 through 9
a.m. on Sunday, May 20, 2012. The
deviation allows the bascule span of the
Montlake Bridge to remain in the closed
position and need not open for maritime
traffic from 7:30 a.m. through 9 a.m. on
May 20, 2012. The bridge shall operate
in accordance to 33 CFR 117.1051(e) at
all other times. Waterway usage on the
Lake Washington Ship Canal ranges
from commercial tug and barge to small
pleasure craft. Mariners will be notified
and kept informed of the bridge’s
operational status via the Coast Guard
Notice to Mariners publication and
Broadcast Notice to Mariners as
appropriate. The draw span will be
required to open, if needed, for vessels
engaged in emergency response
operations during this closure period.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: March 30, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012–10186 Filed 4–26–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1173]
mstockstill on DSK4VPTVN1PROD with RULES
RIN 1625–AA00
Safety Zones; TriMet Bridge Project,
Willamette River, Portland, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing safety zones encompassing
the work trestles and construction
SUMMARY:
VerDate Mar<15>2010
16:08 Apr 26, 2012
Jkt 226001
cranes involved in the construction of
the TriMet Bridge on the Willamette
River, in Portland, OR. This action is
necessary to ensure the safety of
recreational vessels and commercial
vessels transiting in close proximity to
cranes and overhead work associated
with this construction project. These
safety zones replace the prior safety
zones established for the TriMet Bridge
construction site and are more focused
in nature than the previous safety zone.
During the enforcement period, all
vessels will be required to transit the
area at a safe distance from the work
being conducted.
DATES: This rule is effective from April
27, 2012 until October 31, 2014.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1173 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1173 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 email ENS Ian McPhillips,
Waterways Management Division, Coast
Guard MSU Portland; telephone 503–
240–9319, email
Ian.P.McPhillips@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) with respect to this
rule because to do so would be
impracticable, since bridge construction
is already underway and the safety zone
continues to be immediately necessary
to help ensure the safety of recreational
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and commercial vessels transiting in
close proximity to cranes, barges, and
temporary structures associated with
this construction project.
Under 5 U.S.C. 553(d)(1), the Coast
Guard finds that this rule may be made
effective less than 30 days after
publication in the Federal Register
because it relieves restrictions imposed
by the prior safety zones, which were
broader in scope. Furthermore, under
553(d)(3), we find that any delay in the
effective date of this rule would
constitute a danger to the vessels in this
area as well as the structures associated
with the construction project.
Background and Purpose
Currently, a safety zone exists around
the TriMet Bridge Project on the
Willamette River. This temporary rule is
being published to modify the safety
zone at issue, so that the exclusionary
zone does not extend from riverbank to
riverbank in this section of the river,
and also to clarify that the safety zones
are only temporary. The new zones will
require vessels passing through the area
to remain a distance of 100 feet in all
directions away from the work trestles
and 140 feet in all directions from the
cranes. 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.
Discussion of Rule
The two safety zones created by this
rule cover all waters of the Willamette
River; however, the establishment of the
safety zones does not close this section
of the Willamette River to vessels
desiring to pass through the area when
transiting up-bound or down-bound.
The section of the Willamette River
between the safety zones will remain
open for vessel transits throughout the
entirety of the project unless otherwise
specified by the Captain of the Port
Columbia River. Vessels passing
through the area will be required to
remain a distance of 100 feet in all
directions away from the work trestles
and 140 feet in all directions of the
cranes. The safety zones will ensure the
safety of all vessels and crew that are
working and transiting in the
construction areas. Other maritime
users, such as dragon boats, kayaks, and
canoes, will also be able to transit
through the open section.
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
Regulatory Analyses
The Coast Guard 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 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.
mstockstill on DSK4VPTVN1PROD with RULES
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), The Coast Guard has
considered whether this rule would
have a significant economic impact on
a substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to operate in the area
covered by the safety zones. The safety
zones will not have a significant
economic impact on a substantial
number of small entities because the
area can still be used to transit through
this section of the river. Other maritime
users, such as dragon boats, kayaks, and
canoes, will be able to transit through
the open section.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
the Coast Guard offers 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
VerDate Mar<15>2010
16:08 Apr 26, 2012
Jkt 226001
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. The Coast
Guard has analyzed this rule under that
Order and has 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 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 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 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
The Coast Guard has 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
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Fmt 4700
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25081
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
The Coast Guard has analyzed this
rule under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Coast Guard
has 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
The Coast Guard has 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
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25082
Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Remove § 165.1338.
■ 3. Add § 165.T13–209 to read as
follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 165.T13–209 Safety Zones; TriMet Bridge
Project, Willamette River; Portland, OR.
(a) Location. The following are safety
zones: All waters within 100 feet of
work trestles, in all directions, and
within 140 feet, in all directions, of the
TriMet bridge construction cranes.
(b) Regulation. In accordance with the
general regulations in 33 CFR Part 165,
Subpart C, no vessel operator may enter
or remain in the safety zones without
the permission of the Captain of the Port
or 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) Authorization. All vessel operators
who desire to enter the safety zones
must obtain permission from the
Captain of the Port or Designated
Representative by contacting the onscene patrol craft. Vessel operators
granted permission to enter the zones
will be escorted by the on-scene patrol
craft until they are outside of the safety
zones.
(d) Enforcement Period. The safety
zones detailed in paragraph (a) of this
section will be enforced from 12:01 a.m.
16:08 Apr 26, 2012
Jkt 226001
Dated: April 6, 2012.
B.C. Jones,
Captain, U. S. Coast Guard, Captain of the
Port, Columbia River.
[FR Doc. 2012–10261 Filed 4–26–12; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
picturepermit@usps.com for more
information.
Pending favorable action by the Postal
Regulatory Commission on the Postal
Service’s March 28, 2012 filing of the
price and classification changes related
to charges for picture permit imprint
indicia, the Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM), which is
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
39 CFR Part 111
List of Subjects in 39 CFR Part 111
Picture Permit Imprint Indicia
List of Subjects in 33 CFR Part 165
VerDate Mar<15>2010
on July 1, 2011 through 11:59 p.m. on
October 30, 2014.
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR Part 111 is
amended as follows:
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service will revise
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 604.5 to add picture permit
imprint indicia standards allowing
customers to include business-related
color images, such as corporate logos,
company brand or trademarks, in the
permit indicia area of First-Class Mail®
full-service automation letters and
postcards, and all Standard Mail®
letters.
SUMMARY:
Effective Date: June 24, 2012.
NiiKwashie Aryeetey 202–268–7442 or
Suzanne Newman at 202–268–5581.
SUPPLEMENTARY INFORMATION: The use of
picture permit imprint indicia is
designed to improve the effectiveness of
a mailpiece by including a businessrelated color image within the permit
imprint indicia. When tested, indicia
placed in the upper right corner of the
mailpiece that contained color images
did not impede the Postal Service’s
ability to obtain the required postage
payment information from the permit
indicia.
Additionally, market research shows
that customers believe that picture
permit imprint indicia will enhance the
perception of mail. Mailers indicated
that they would use picture permit
imprints for existing mail volume and
some said they would increase their
mail volumes if picture permit imprint
indicia were allowed.
Therefore, this final rule expands
current permit imprint standards to
allow mailers to, subject to additional
Postal Service standards, include a color
image of a business-related design, such
as corporate logos or trademarks, as part
of their permit imprint indicia on full
service automation IMbTM mailings, for
a per piece fee in addition to postage.
Mailers interested in picture permit
imprint indicia may contact
DATES:
FOR FURTHER INFORMATION CONTACT:
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Frm 00068
Fmt 4700
Sfmt 4700
PART 111—[AMENDED]
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
600 Basic Standards for All Mailing
Services
*
*
*
*
*
604
Postage Payment Methods
*
*
5.0
Permit Imprint (Indicia)
5.1
General Standards
5.1.1
*
*
*
Description
[Revise 5.1.1 by adding a new last
sentence to read as follows:]
* * * A picture permit imprint
indicia (5.4) may not be used on reply
mail pieces.
*
*
*
*
*
5.1.4
Permit and Fees
[Revise the text of 5.1.4 as follows:]
A mailer may obtain a permit to use
a permit imprint indicia by submitting
PS Form 3615, Mailing Permit
Application and Customer Profile, and
the applicable fees to the Post Office
where mailings are made. Except for
mailpieces bearing picture permit
imprint indicia (5.4), there are no other
fees for the use of a permit imprint
indicia but other fees (e.g., an annual
E:\FR\FM\27APR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25080-25082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10261]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1173]
RIN 1625-AA00
Safety Zones; TriMet Bridge Project, Willamette River, Portland,
OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones encompassing the
work trestles and construction cranes involved in the construction of
the TriMet Bridge on the Willamette River, in Portland, OR. This action
is necessary to ensure the safety of recreational vessels and
commercial vessels transiting in close proximity to cranes and overhead
work associated with this construction project. These safety zones
replace the prior safety zones established for the TriMet Bridge
construction site and are more focused in nature than the previous
safety zone. During the enforcement period, all vessels will be
required to transit the area at a safe distance from the work being
conducted.
DATES: This rule is effective from April 27, 2012 until October 31,
2014.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1173 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1173 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 email ENS Ian McPhillips, Waterways Management
Division, Coast Guard MSU Portland; telephone 503-240-9319, email
Ian.P.McPhillips@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) with
respect to this rule because to do so would be impracticable, since
bridge construction is already underway and the safety zone continues
to be immediately necessary to help ensure the safety of recreational
and commercial vessels transiting in close proximity to cranes, barges,
and temporary structures associated with this construction project.
Under 5 U.S.C. 553(d)(1), the Coast Guard finds that this rule may
be made effective less than 30 days after publication in the Federal
Register because it relieves restrictions imposed by the prior safety
zones, which were broader in scope. Furthermore, under 553(d)(3), we
find that any delay in the effective date of this rule would constitute
a danger to the vessels in this area as well as the structures
associated with the construction project.
Background and Purpose
Currently, a safety zone exists around the TriMet Bridge Project on
the Willamette River. This temporary rule is being published to modify
the safety zone at issue, so that the exclusionary zone does not extend
from riverbank to riverbank in this section of the river, and also to
clarify that the safety zones are only temporary. The new zones will
require vessels passing through the area to remain a distance of 100
feet in all directions away from the work trestles and 140 feet in all
directions from the cranes. 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.
Discussion of Rule
The two safety zones created by this rule cover all waters of the
Willamette River; however, the establishment of the safety zones does
not close this section of the Willamette River to vessels desiring to
pass through the area when transiting up-bound or down-bound. The
section of the Willamette River between the safety zones will remain
open for vessel transits throughout the entirety of the project unless
otherwise specified by the Captain of the Port Columbia River. Vessels
passing through the area will be required to remain a distance of 100
feet in all directions away from the work trestles and 140 feet in all
directions of the cranes. The safety zones will ensure the safety of
all vessels and crew that are working and transiting in the
construction areas. Other maritime users, such as dragon boats, kayaks,
and canoes, will also be able to transit through the open section.
[[Page 25081]]
Regulatory Analyses
The Coast Guard 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 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), The Coast
Guard has considered whether this rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners and operators of vessels intending to
operate in the area covered by the safety zones. The safety zones will
not have a significant economic impact on a substantial number of small
entities because the area can still be used to transit through this
section of the river. Other maritime users, such as dragon boats,
kayaks, and canoes, will be able to transit through the open section.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offers 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. The Coast Guard has analyzed this
rule under that Order and has 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 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 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 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
The Coast Guard has 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
The Coast Guard has analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Coast Guard has 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
The Coast Guard has 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
[[Page 25082]]
(NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
rule involves the establishment of a safety zone. 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
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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Remove Sec. 165.1338.
0
3. Add Sec. 165.T13-209 to read as follows:
Sec. 165.T13-209 Safety Zones; TriMet Bridge Project, Willamette
River; Portland, OR.
(a) Location. The following are safety zones: All waters within 100
feet of work trestles, in all directions, and within 140 feet, in all
directions, of the TriMet bridge construction cranes.
(b) Regulation. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel operator may enter or remain in the
safety zones without the permission of the Captain of the Port or
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) Authorization. All vessel operators who desire to enter the
safety zones must obtain permission from the Captain of the Port or
Designated Representative by contacting the on-scene patrol craft.
Vessel operators granted permission to enter the zones will be escorted
by the on-scene patrol craft until they are outside of the safety
zones.
(d) Enforcement Period. The safety zones detailed in paragraph (a)
of this section will be enforced from 12:01 a.m. on July 1, 2011
through 11:59 p.m. on October 30, 2014.
Dated: April 6, 2012.
B.C. Jones,
Captain, U. S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-10261 Filed 4-26-12; 8:45 am]
BILLING CODE 9110-04-P
