[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Rules and Regulations]
[Page 4043-4045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja06-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD 13-06-002]
RIN 1625-AA00
Safety Zone: North Portland Harbor Dredging Operations; Portland,
OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Columbia River, in the vicinity of Hayden Island at North Portland
Harbor. The Captain of the Port, Portland, Oregon is taking this action
to safeguard individuals and vessels from safety hazards associated
with dredging operations. Entry into this safety zone is prohibited
unless authorized by the Captain of the Port.
DATES: This rule is effective from January 17, 2005 8 a.m. (PST)
through March 15, 2005 at 5 p.m. (PST).
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD13-06-002] and are available for
inspection or copying at U. S. Coast Guard Sector Portland, 6767 North
Basin Ave. Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Charity Keuter, c/o
Captain of the Port Portland, 6767 N. Basin Ave. Portland, Oregon 97217
at 503-240-9301.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. The Coast Guard did not receive notice of this
operation until 7 days prior to the beginning of the operation. The
dredging operation will have a floating pipeline that will stretch from
Port of Portland Terminal 6 to the lower end of Hayden Island and on to
Kelly Point Park. This pipeline will be a hazard to navigation due to
location and vessel traffic in the area.
If normal notice and comment procedures were followed, this rule
would not become effective until after the dates of the event. For this
reason, following normal rulemaking procedures in this case would be
impracticable and contrary to the public interest.
Background and Purpose
The Coast Guard is establishing a temporary safety zone regulation
to allow for safe dredging operation. This operation is necessary for
the improvement of the Port of Portland Terminal 6, since in the coming
months a new crane will be brought in to allow the Port to accompany
larger vessels and more containers. This safety zone will be in effect
during the time of January 17, 2006 to March 15, 2006 while the
floating pipeline is in the water. This safety zone will be enforced by
representatives of the Captain of the Port, Portland, Oregon. The
Captain of the Port may be assisted by other Federal and local
agencies.
Discussion of Rule
This rule, for safety concerns, will control individuals and vessel
movement in a regulated area surrounding the dredging operation. Due to
safety concerns and likely delays, entry into this zone is prohibited
unless authorized by the Captain of the Port, Portland or his
designated representative. Those boaters transiting between the
Columbia River and North Portland Harbor are requested to use the
upriver end of Hayden Island. The Captain of the Port may be assisted
by other Federal and local agencies.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). The Coast Guard expects the economic impact of this
rule to be so minimal that a full regulatory evaluation under the
regulatory policies and procedures of the DHS is unnecessary. This
expectation is based on the fact that this rule will be in effect for
the minimum time necessary to safely conduct the dredging operation.
While this rule is in effect, traffic will be allowed to pass through
the zone with the permission of the Captain of the Port or his
designated representatives on-scene, if safe to do so and that traffic
can be rerouted to another entrance into the Oregon Slough at the
upriver end of Hayden Island.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the designated area at the corresponding time as drafted in
this rule. This safety zone will not have a significant economic impact
on a substantial number of small entities for the following reasons.
Traffic will be allowed to pass through the zone at selected times with
the permission of the Captain of the Port or his designated
representative on scene, if safe to do so and that boaters transiting
the Oregon Slough can gain access to it by the upriver end of Hayden
Island on the Columbia River. Before the effective period, we will
issue maritime advisories widely available to users of the river.
Because the impacts of this proposal are expected to be so minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will
not have a significant economic impact on a substantial number of small
entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity that this rule would have a
significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 4044]]
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will 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 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
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.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34) (g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(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. A temporary Sec. 165.T13-001 is added to read as follows:
Sec. 165.T13-001 Safety Zones: Oregon Slough Dredging Operations in
the Captain of the Port Portland Zone.
(a) Safety Zones. The following area is designated a safety zone
(1) Location: All water of the Columbia River enclosed by the
following points: 45[deg]37[min]53[sec] N 122[deg]44[min]03[sec] W
following the shoreline southwest to 45[deg]38[min]54[sec] N
122[deg]45[min]28[sec] W continuing west to 45[deg]39[min]05[sec] N
122[deg]45[min]36[sec] W turning north to 45[deg]39[min]12[sec] N
122[deg]45[min]28[sec] W then northeast 45[deg]38[min]58[sec] N
122[deg]45[min]03[sec] W then east to 45[deg]38[min]22[sec] N
122[deg]44[min]37[sec] W then northeast to 45[deg]37[min]53[sec] N
122[deg]43[min]58[sec] W south back to the point of origin.
(2) Effective time and date. 7 a.m. on January 17, 2006 to 7 p.m.
on March 15, 2006.
(b) Regulations. In accordance with the general regulations in
section 165.23
[[Page 4045]]
of this part, no person or vessel may enter or remain in this zone
unless authorized by the Captain of the Port or his designated
representative.
Dated: January 17, 2006.
Patrick G. Gerrity,
Captain, U.S. Coast Guard, Captain of the Port, Portland, OR.
[FR Doc. 06-677 Filed 1-24-06; 8:45 am]
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