Safety Zone; Sellwood Bridge Construction, Willamette River, Portland, OR, 17683-17685 [2015-07591]
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17683
Rules and Regulations
Federal Register
Vol. 80, No. 63
Thursday, April 2, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
If
you have questions on this rule, call or
email Mr. Ken Lawrenson, Waterways
Management Division, Marine Safety
Unit Portland, Coast Guard; telephone
503–240–9319, email msupdxwwm@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
Coast Guard
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
33 CFR Part 165
[Docket Number USCG–2015–0187]
RIN 1625–AA00
Safety Zone; Sellwood Bridge
Construction, Willamette River,
Portland, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone in Portland,
OR. This safety zone is necessary to
ensure the safety of the maritime public
and construction crews during
construction of the Sellwood Bridge by
prohibiting unauthorized persons and
vessels from entering the regulated area
unless authorized by the Sector
Columbia River Captain of the Port or
his designated representatives.
DATES: This rule is effective without
actual notice from April 2, 2015 until
June 10, 2015. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
March 19, 2015, through April 2, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0187]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
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SUMMARY:
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A. Regulatory History and 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. Based on the
date on which notice of construction
was given, a notice and comment period
could not be held before the need for the
safety zone restrictions, which will go
into effect March 19, 2015.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register because the work will
commence and vessel movements in
this area need to be restricted during the
period of construction, which
commences immediately.
B. Basis and Purpose
Coast Guard Captains of the Port are
granted authority to establish safety
zones in 33 CFR 1.05–1(f) for safety and
environmental purposes as described in
33 CFR part 165.
The construction of bridges creates
hazardous conditions for both the
maritime public and the construction
crews because of crane barges
positioned within the temporary
navigation channel of the river, anchor
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lines protruding outward from the
barges, falling debris, and the
suspension of heavy loads over the
waterway. A safety zone is necessary to
restrict vessel movement and reduce
traffic going under the bridge during
these critical lifts to ensure the safety of
the maritime public and construction
crews.
C. Discussion of the Rule
The rule establishes a Safety Zone in
the Thirteenth Coast Guard District.
The safety zone created by this rule
will cover all waters bank to bank of the
Willamette River encompassed within
chart 18528 starting at a line drawn
from 45°27′57″ N/122°40′04″ W then
east to 45°27′57″ N/122°39′51″ W then
south to 45°27′47″ N/122°39′44″ W then
west to 45°27′47″ N/122°40′04″ W then
north to 45°27′57″N/122°40′04″ W.
The rule will be enforced while
construction is underway. Construction
is currently scheduled to take place
from March 19, 2015 through 6:00 p.m.
on April 2, 2015 and again starting at
7:00 a.m. on May 15, 2015 through 6:00
p.m. on May 27, 2015. The Coast Guard
will notify mariners of any changes to
the construction schedule and
enforcement of this safety zone via a
Broadcast Notice to Mariners and Local
Notice to Mariners. This rule has been
enforced with actual notice since March
19, 2015.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The Coast Guard has made this
determination based on the fact that the
safety zone created by this rule is small
in size, and vessels may still transit
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17684
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
through the area at a reduced speed of
five miles per hour.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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 zone created in
this rule. The safety zone will not have
a significant economic impact on a
substantial number of small entities
because vessels may still be able to
transit a one hundred thirty eight foot
span of the temporary navigation
channel at the center of the river at a
reduced speed when deemed safe by the
Captain of the Port or his designated
representative. The Coast Guard has
contacted one commercial boat operator
to inform them of the safety zone and
discuss the potential impact of the
safety zone on operations. The operator
indicated that impacts on business
would be minimal. Additionally, the
Coast Guard ensured the construction
contractor contacted the affected small
business entities most likely to be
impacted.
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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
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16:10 Apr 01, 2015
Jkt 235001
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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘FOR FURTHER
INFORMATION CONTACT’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
9. Civil Justice Reform
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. This rule
involves the establishment of a limited
access area. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
7. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 1.05–19(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
rules contained in this section pursuant
to 46 U.S.C. 70118. In addition, the
Captain of the Port may be assisted by
other federal, state, or local agencies in
enforcing this section.
Dated: March 19, 2015.
D. J. Travers
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2015–07591 Filed 4–1–15; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.T13–0187 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T13–0187 Safety Zone; Sellwood
Bridge Construction, Willamette River,
Portland, OR.
Coast Guard
(a) Safety Zone. The following area is
a designated safety zone:
(1) Location. This safety zone will
cover all waters bank to bank of the
Willamette River encompassed within a
line drawn from 45° 27′57″ N/122°
40′04″ W then east to 45° 27′57″ N/122°
39′51″ W then south to 45° 27′47″ N/
122° 39′44″ W then west to 45° 27′47″
N/122° 40′04″ W then north to 45°
27′57″ N/122° 40′04″ W.
(2) Enforcement Period. This safety
zone is in effect from March 19, 2015
through June 10, 2015. The rule will be
enforced while in effect based on
construction activity and the presence
of construction equipment that create a
safety risk to mariners. Based on the
current construction schedule, the rule
will be enforced from March 19, 2015 to
6:00 p.m. on April 2, 2015 and again
starting at 7:00 a.m. on May 15, 2015
through 6:00 p.m. on May 27, 2015. The
Coast Guard will inform mariners of any
change to these periods of enforcement
via Broadcast Notice to Mariners and
Local Notice to Mariners.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart C, no person may enter or
remain in the safety zone created in this
section or bring, cause to be brought, or
allow to remain in the safety zone
created in this section any vehicle,
vessel, or object unless authorized by
the Captain of the Port or his designated
representative.
(c) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer
may enforce the rules in this section. In
the navigable waters of the United
States to which this section applies,
when immediate action is required and
representatives of the Coast Guard are
not present or are not present in
sufficient force to provide effective
enforcement of this section, any Federal
Law Enforcement Officer or Oregon Law
Enforcement Officer may enforce the
[Docket Number USCG–2015–0155]
tkelley on DSK3SPTVN1PROD with RULES
■
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33 CFR Part 165
RIN 1625–AA00
Safety Zone: Marina del Rey Fireworks
Show, Santa Monica Bay; Marina del
Rey, California
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The U.S. Coast Guard is
establishing a temporary safety zone in
Marina del Rey around the fireworks
launch site located on the south jetty.
This temporary safety zone is necessary
to provide for the safety of the waterway
users during the fireworks display that
will take place in the vicinity of the
Marina del Rey Main Channel. Entry
into this temporary safety zone will be
prohibited unless specifically
authorized by the Captain of the Port,
Los Angeles—Long Beach, or her
designated representative.
DATES: This rule is effective on April 10,
2015 from 8:00 p.m. to 10:00 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0155]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LCDR Brandon Link,
Waterways Management, U.S. Coast
Guard Sector Los Angeles—Long Beach;
SUMMARY:
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17685
telephone (310) 521–3860, email
Brandon.M.Link@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 as it would be
impracticable due to the short notice of
the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register due to the short notice of the
event.
B. Basis and Purpose
The legal basis for this rulemaking
can be found in 33 CFR 1.05–1 which
authorizes the Coast Guard to establish
and define safety zones. The fireworks
fallout zone will impede normal boating
traffic in the Marina del Rey Main
Channel. Due to the potentially
hazardous conditions, this temporary
safety zone is necessary to ensure the
safety of all waterway users.
C. Discussion of the Final Rule
The U.S. Coast Guard is establishing
a temporary safety zone on April 10,
2015 encompassing all navigable waters
from the surface to the sea floor within
a 400 foot radius around the fireworks
launch site on the south jetty in
approximate position 33–57.742N 118–
27.380W. This temporary safety zone
will be enforced from 8:00 p.m. to 10:00
p.m. During the enforcement period,
vessels are prohibited from entering
into, transiting through, or anchoring
within the designated area unless
authorized by the Captain of the Port or
her designated representative. Sector
Los Angeles—Long Beach may be
contacted on VHF–FM Channel 16 or
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Agencies
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17683-17685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07591]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules
and Regulations
[[Page 17683]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0187]
RIN 1625-AA00
Safety Zone; Sellwood Bridge Construction, Willamette River,
Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone in Portland, OR.
This safety zone is necessary to ensure the safety of the maritime
public and construction crews during construction of the Sellwood
Bridge by prohibiting unauthorized persons and vessels from entering
the regulated area unless authorized by the Sector Columbia River
Captain of the Port or his designated representatives.
DATES: This rule is effective without actual notice from April 2, 2015
until June 10, 2015. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, March 19, 2015, through
April 2, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0187]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ken Lawrenson, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email
msupdxwwm@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
A. Regulatory History and 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.
Based on the date on which notice of construction was given, a notice
and comment period could not be held before the need for the safety
zone restrictions, which will go into effect March 19, 2015.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because the work will commence and
vessel movements in this area need to be restricted during the period
of construction, which commences immediately.
B. Basis and Purpose
Coast Guard Captains of the Port are granted authority to establish
safety zones in 33 CFR 1.05-1(f) for safety and environmental purposes
as described in 33 CFR part 165.
The construction of bridges creates hazardous conditions for both
the maritime public and the construction crews because of crane barges
positioned within the temporary navigation channel of the river, anchor
lines protruding outward from the barges, falling debris, and the
suspension of heavy loads over the waterway. A safety zone is necessary
to restrict vessel movement and reduce traffic going under the bridge
during these critical lifts to ensure the safety of the maritime public
and construction crews.
C. Discussion of the Rule
The rule establishes a Safety Zone in the Thirteenth Coast Guard
District.
The safety zone created by this rule will cover all waters bank to
bank of the Willamette River encompassed within chart 18528 starting at
a line drawn from 45[deg]27'57'' N/122[deg]40'04'' W then east to
45[deg]27'57'' N/122[deg]39'51'' W then south to 45[deg]27'47'' N/
122[deg]39'44'' W then west to 45[deg]27'47'' N/122[deg]40'04'' W then
north to 45[deg]27'57''N/122[deg]40'04'' W.
The rule will be enforced while construction is underway.
Construction is currently scheduled to take place from March 19, 2015
through 6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on
May 15, 2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will
notify mariners of any changes to the construction schedule and
enforcement of this safety zone via a Broadcast Notice to Mariners and
Local Notice to Mariners. This rule has been enforced with actual
notice since March 19, 2015.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The Coast Guard has made this determination based on the fact that
the safety zone created by this rule is small in size, and vessels may
still transit
[[Page 17684]]
through the area at a reduced speed of five miles per hour.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 zone created in this rule.
The safety zone will not have a significant economic impact on a
substantial number of small entities because vessels may still be able
to transit a one hundred thirty eight foot span of the temporary
navigation channel at the center of the river at a reduced speed when
deemed safe by the Captain of the Port or his designated
representative. The Coast Guard has contacted one commercial boat
operator to inform them of the safety zone and discuss the potential
impact of the safety zone on operations. The operator indicated that
impacts on business would be minimal. Additionally, the Coast Guard
ensured the construction contractor contacted the affected small
business entities most likely to be impacted.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. 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.
9. 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This
rule involves the establishment of a limited access area. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 17685]]
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-19(g), 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T13-0187 to read as follows:
Sec. 165.T13-0187 Safety Zone; Sellwood Bridge Construction,
Willamette River, Portland, OR.
(a) Safety Zone. The following area is a designated safety zone:
(1) Location. This safety zone will cover all waters bank to bank
of the Willamette River encompassed within a line drawn from 45[deg]
27'57'' N/122[deg] 40'04'' W then east to 45[deg] 27'57'' N/122[deg]
39'51'' W then south to 45[deg] 27'47'' N/122[deg] 39'44'' W then west
to 45[deg] 27'47'' N/122[deg] 40'04'' W then north to 45[deg] 27'57''
N/122[deg] 40'04'' W.
(2) Enforcement Period. This safety zone is in effect from March
19, 2015 through June 10, 2015. The rule will be enforced while in
effect based on construction activity and the presence of construction
equipment that create a safety risk to mariners. Based on the current
construction schedule, the rule will be enforced from March 19, 2015 to
6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on May 15,
2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will inform
mariners of any change to these periods of enforcement via Broadcast
Notice to Mariners and Local Notice to Mariners.
(b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative.
(c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer or
Oregon Law Enforcement Officer may enforce the rules contained in this
section pursuant to 46 U.S.C. 70118. In addition, the Captain of the
Port may be assisted by other federal, state, or local agencies in
enforcing this section.
Dated: March 19, 2015.
D. J. Travers
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-07591 Filed 4-1-15; 8:45 am]
BILLING CODE 9110-04-P