Safety Zone; I-5 Bridge Construction Project, Columbia River, Vancouver, WA, 60911-60913 [2020-21614]
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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
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DEPARTMENT OF HOMELAND
SECURITY
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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
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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
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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.
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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
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15:52 Sep 28, 2020
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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).
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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
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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.
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(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:
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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]
=======================================================================
-----------------------------------------------------------------------
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