Safety Zone; I-5 Bridge Construction Project, Columbia River, Vancouver, WA, 60911-60913 [2020-21614]

Download as PDF Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations administration and support of basic research by the Department of Defense, because the content of this part is internal to the Department. Therefore, this CFR part can be removed. This rule is effective September 29, 2020. DATES: Ms. Barbara Orlando, Basic Research Office, telephone 571–372–6413. FOR FURTHER INFORMATION CONTACT: The DoD rule at 32 CFR part 272, last updated on September 23, 2005 (70 FR 55726), is internal to the DoD and does not need to be codified in the CFR. Based on a recommendation from the DoD Regulatory Reform Task Force, this part is removed. It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since it is based on removing DoD internal policies and procedures that are publicly available on the Department’s issuance website. DoD internal guidance concerning administration and support of basic research by the DoD will continue to be updated and maintained in DoD Instruction 3210.1, ‘‘Administration and Support of Basic Research by the Department of Defense,’’ last updated on October 15, 2018 (available at https:// www.esd.whs.mil/Portals/54/ Documents/DD/issuances/dodi/ 321001p.pdf). This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ Therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ does not apply. SUPPLEMENTARY INFORMATION: Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0606] RIN 1625–AA00 Safety Zone; I–5 Bridge Construction Project, Columbia River, Vancouver, WA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: Grant programs-science and technology, Research. The Coast Guard is establishing a temporary safety zone for certain waters of the Columbia River. This action is necessary to provide for the safety of life on these navigable waters around the Northbound I–5 Interstate Bridge at Columbia River Mile 106.5. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Columbia River. DATES: This rule is effective with actual notice from 12:01 a.m. on September 27, 2020, through September 29, 2020. It is effective without actual notice from September 29, 2020 through 11:59 p.m. on October 12, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0247 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ To view the Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Dixon Whitley, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503–240– 9319, email msupdxwwm@uscg.mil. SUPPLEMENTARY INFORMATION: PART 272—[REMOVED] I. Table of Abbreviations List of Subjects in 32 CFR part 272 Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 272 is removed. ■ Dated: September 25, 2020. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2020–21612 Filed 9–28–20; 8:45 am] BILLING CODE 5001–06–P jbell on DSKJLSW7X2PROD with RULES DEPARTMENT OF HOMELAND SECURITY VerDate Sep<11>2014 15:52 Sep 28, 2020 Jkt 250001 SUMMARY: CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Oregon Department of Transportation notified the Coast Guard that they will be replacing bridge components at the south end of the Northbound I–5 Interstate Bridge over the Columbia River at River Mile 106.5 beginning September 6, 2020, through September 26, 2020. In response, on PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 60911 June 22, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; I–5 Bridge Construction Project, Columbia River, Vancouver, WA (85 FR 37397). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this construction project. During the comment period that ended July 22, 2020, we did not receive any relevant comments. On September 24, 2020, the Oregon Department of Transportation notified the Coast Guard that the work was not finished, and will not be completed until October 12, 2020. In response, the Coast Guard is publishing this Temporary final rule to further establish the temporary safety zone until all work is complete. The Coast Guard is issuing this temporary 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 the Oregon Department of Transportation did not submit notice to the Coast Guard with sufficient time to publish an NPRM before the previous safety zone expires and the public is exposed to the dangers associated with this bridge construction work. Delaying the effective date of this rule to wait for a comment period to run would be impracticable and contrary to the public interest by inhibiting the Coast Guard’s ability to protect mariners and vessels from the hazards associated with this bridge construction work. 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. For the same reasons discussed in the preceding paragraph, waiting for a 30-day notice period to run would be impracticable and contrary to the public interest. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of Port Sector Columbia River has determined that the potential hazards associated with the construction project would be a safety concern for anyone within the designated area of the I–5 bridge E:\FR\FM\29SER1.SGM 29SER1 60912 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations Notice to Mariners via VHF–FM marine channel 16 about the safety zone, and the rule would allow vessels to seek permission to enter the zone. construction project. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within the designated area of the I–5 bridge construction project. B. Impact on Small Entities IV. Discussion of Comments, Changes, and the Rule As noted above, we received no relevant comments on our NPRM published June 22, 2020. This TFR is substantially the same to the one published in conjunction with that TFR (Docket No. USCG–2020–0247,) just with different effective dates. This rule establishes a safety zone from 12:01 a.m. on September 27, 2020, through 11:59 p.m. on October 12, 2020. The safety zone will cover all navigable waters of the Columbia River, directly below the lifting span of the I–5 bridge from the Washington shoreline to the edge of the lifting span (approx. 800 ft.), and approximately 400 ft. both east and west of the bridge. The duration of the zone is intended to ensure the safety of vessels and these navigable waters while the bridge construction is underway. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. jbell on DSKJLSW7X2PROD with RULES V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic would be able to safely transit around this safety zone, which would only impact a small designated area of the Columbia River, during the bridge construction project. Moreover, the Coast Guard will issue Broadcast VerDate Sep<11>2014 15:52 Sep 28, 2020 Jkt 250001 The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business Administration on this rulemaking. 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. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. 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. C. 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). PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 D. Federalism and Indian Tribal Governments 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 have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. E. 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. F. Environment We have analyzed this rule’s predecessor under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969(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. That rule involved enforcing a safety zone for 20 days that prohibits vessel traffic from transiting underneath the lift span of the I–5 Bridge during bridge repair and construction operations. It was, and by extension this TFR is, categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A Record of E:\FR\FM\29SER1.SGM 29SER1 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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. 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 is amending 33 CFR part 165 as follows: Dated: September 24, 2020. J.C. Smith, Captain, U.S. Coast Guard, Captain of the Port Columbia River. [FR Doc. 2020–21614 Filed 9–28–20; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P 1. The authority citation for part 165 continues to read as follows: DEPARTMENT OF AGRICULTURE ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T13–0247 to read as follows: ■ 15:52 Sep 28, 2020 Jkt 250001 36 CFR Part 254 RIN 0596–AD41 Washington, DC 20250–1124 or by email to SM.FS.WO_LandStaff@ usda.gov. Brad Tait, Lands Staff, by phone at 971–806– 2199, or via email at bradley.tait@ usda.gov. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Public Law 97–465, commonly known as the Small Tracts Act (16 U.S.C. 521c521i), was enacted in 1983 to help the Forest Service resolve land disputes and boundary management problems for parcels that generally were small in scale (less than ten acres) with land values that did not exceed $150,000. Eligible lands for sale, exchange, or interchange included National Forest System lands encumbered by an encroachment like a house or fence; roads or road rights-of-way in excess of Forest Service transportation needs; and ‘‘mineral survey fractions,’’ or small parcels of National Forest System lands interspersed with or adjacent to lands transferred out of Federal ownership under mining laws. AGENCY: Discussion of Amendments to the Small Tracts Act The United States Department of Agriculture (USDA), Forest Service is issuing this final rule to implement certain changes to the Small Tracts Act, which was enacted in the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill. These statutory changes create two new categories of lands eligible for conveyance outside of the National Forest System under the Small Tracts Act: parcels 40 acres or less that are physically isolated, inaccessible, or have lost National Forest System character; and parcels of ten acres or less that are not eligible for conveyance under previous eligibility conditions and are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent. DATES: This final rule is effective October 29, 2020. ADDRESSES: Information on this final rule may be obtained via written request addressed to the Director, Lands and Realty Management, USDA Forest Service, 201 14th Street Southwest, The Small Tracts Act was amended by Section 8621 of the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill (Pub. L. 115–334). The changes to the Small Tracts Act required by the Agriculture Improvement Act of 2018 are being implemented in two phases. The first phase, implementing statutory revisions that did not entail the exercise of agency discretion, was accomplished by revisions to 36 CFR part 254 by the final rule published in the Federal Register without notice and comment on February 13, 2020 (85 FR 8180). The second phase, implementing changes that may entail an exercise of agency discretion, is accomplished by this final rule. The Agriculture Improvement Act of 2018 added two new paragraphs to the Small Tracts Act Section 3 (16 U.S.C. 521e) to resolve by conveyance certain encroachment, trespass, and boundary management problems: paragraph (4) (16 U.S.C. 521e(4)), adding a limited conveyance authority for parcels of 40 acres or less that are determined by the Secretary of Agriculture (hereafter ‘‘Secretary’’) to be physically isolated Forest Service, USDA. ACTION: Final rule. (a) Location. The following area is a safety zone: All navigable waters of the Columbia River, surface to bottom, encompassed by a line connecting the following points beginning at the shoreline at 45°37′17.7″ N/122°40′31.4″ W, southwest to 45°37′12.1″ N/ 122°40′35.0″ W, southeast to 45°37′08.8″ N 122°40′22.1″ W, thence northeast to 45°37′15.0″ N/122°40′18.3″ W, and along the shoreline back to the beginning point. (b) Definitions. As used in this section, designated representative means any Coast commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Columbia River (COTP) to act on his behalf, or a Federal, State, and local officer designated by or assisting the Captain of the Port Columbia River in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. VerDate Sep<11>2014 Forest Service Conveyance of Small Tracts § 165.T13–0247 Safety Zone[s]; Safety Zone; I–5 Bridge Construction Project, Columbia River, Vancouver, WA. jbell on DSKJLSW7X2PROD with RULES (2) Vessel operators desiring to enter or operate within the safety zone may contact the COTP’s on-scene designated representative by calling 503–209–2468 or the Sector Columbia River Command Center on Channel 16 VHF–FM. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This section is in effect from 12:01 a.m. on September 27, 2020, through 11:59 p.m. on October 12, 2020. It will be subject to enforcement this entire period unless the Captain of the Port, Columbia River determines it is no longer needed. The Coast Guard will inform mariners of any change to this period of enforcement via Broadcast Notice to Mariners. 60913 SUMMARY: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1

Agencies

[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60911-60913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21614]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0606]
RIN 1625-AA00


Safety Zone; I-5 Bridge Construction Project, Columbia River, 
Vancouver, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Columbia River. This action is necessary to 
provide for the safety of life on these navigable waters around the 
Northbound I-5 Interstate Bridge at Columbia River Mile 106.5. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Columbia River.

DATES: This rule is effective with actual notice from 12:01 a.m. on 
September 27, 2020, through September 29, 2020. It is effective without 
actual notice from September 29, 2020 through 11:59 p.m. on October 12, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0247 in the ``SEARCH'' box and click ``SEARCH.'' To view the Click 
on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Dixon Whitley, Waterways Management 
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Oregon Department of Transportation notified the Coast Guard 
that they will be replacing bridge components at the south end of the 
Northbound I-5 Interstate Bridge over the Columbia River at River Mile 
106.5 beginning September 6, 2020, through September 26, 2020. In 
response, on June 22, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; I-5 Bridge Construction 
Project, Columbia River, Vancouver, WA (85 FR 37397). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to this construction project. During the comment period 
that ended July 22, 2020, we did not receive any relevant comments. On 
September 24, 2020, the Oregon Department of Transportation notified 
the Coast Guard that the work was not finished, and will not be 
completed until October 12, 2020. In response, the Coast Guard is 
publishing this Temporary final rule to further establish the temporary 
safety zone until all work is complete.
    The Coast Guard is issuing this temporary 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 the Oregon Department of 
Transportation did not submit notice to the Coast Guard with sufficient 
time to publish an NPRM before the previous safety zone expires and the 
public is exposed to the dangers associated with this bridge 
construction work. Delaying the effective date of this rule to wait for 
a comment period to run would be impracticable and contrary to the 
public interest by inhibiting the Coast Guard's ability to protect 
mariners and vessels from the hazards associated with this bridge 
construction work.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30-day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of Port Sector Columbia 
River has determined that the potential hazards associated with the 
construction project would be a safety concern for anyone within the 
designated area of the I-5 bridge

[[Page 60912]]

construction project. The purpose of this rulemaking is to ensure the 
safety of vessels and the navigable waters within the designated area 
of the I-5 bridge construction project.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no relevant comments on our NPRM 
published June 22, 2020. This TFR is substantially the same to the one 
published in conjunction with that TFR (Docket No. USCG-2020-0247,) 
just with different effective dates.
    This rule establishes a safety zone from 12:01 a.m. on September 
27, 2020, through 11:59 p.m. on October 12, 2020. The safety zone will 
cover all navigable waters of the Columbia River, directly below the 
lifting span of the I-5 bridge from the Washington shoreline to the 
edge of the lifting span (approx. 800 ft.), and approximately 400 ft. 
both east and west of the bridge. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters while the 
bridge construction is underway. No vessel or person would be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone, which would 
only impact a small designated area of the Columbia River, during the 
bridge construction project. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
safety zone, and the rule would allow vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule's predecessor under Department of 
Homeland Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969(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. That rule involved enforcing a safety zone for 20 days 
that prohibits vessel traffic from transiting underneath the lift span 
of the I-5 Bridge during bridge repair and construction operations. It 
was, and by extension this TFR is, categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of

[[Page 60913]]

Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T13-0247 to read as follows:


Sec.  165.T13-0247  Safety Zone[s]; Safety Zone; I-5 Bridge 
Construction Project, Columbia River, Vancouver, WA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Columbia River, surface to bottom, encompassed by a line 
connecting the following points beginning at the shoreline at 
45[deg]37'17.7'' N/122[deg]40'31.4'' W, southwest to 45[deg]37'12.1'' 
N/122[deg]40'35.0'' W, southeast to 45[deg]37'08.8'' N 
122[deg]40'22.1'' W, thence northeast to 45[deg]37'15.0'' N/
122[deg]40'18.3'' W, and along the shoreline back to the beginning 
point.
    (b) Definitions. As used in this section, designated representative 
means any Coast commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port Columbia River (COTP) to act on 
his behalf, or a Federal, State, and local officer designated by or 
assisting the Captain of the Port Columbia River in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Vessel operators desiring to enter or operate within the safety 
zone may contact the COTP's on-scene designated representative by 
calling 503-209-2468 or the Sector Columbia River Command Center on 
Channel 16 VHF-FM. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is in effect from 12:01 a.m. 
on September 27, 2020, through 11:59 p.m. on October 12, 2020. It will 
be subject to enforcement this entire period unless the Captain of the 
Port, Columbia River determines it is no longer needed. The Coast Guard 
will inform mariners of any change to this period of enforcement via 
Broadcast Notice to Mariners.

    Dated: September 24, 2020.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2020-21614 Filed 9-28-20; 8:45 am]
BILLING CODE 9110-04-P
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