Safety Zones; TriMet Bridge Project, Willamette River, Portland, OR, 25080-25082 [2012-10261]

Download as PDF 25080 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 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27APR1.SGM 27APR1 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 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27APR1.SGM 27APR1 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: PO 00000 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 27APR1

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
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