[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 33997-33999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14468]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0504]
RIN 1625-AA00
Safety Zone; McNary-John Day Transmission Line Project, Columbia
River, Hermiston, 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
waters of the Columbia River near Hermiston, Oregon for the
installation of new power lines across the river. The safety zone is
necessary to help ensure the safety of the workers as well as the
maritime public and will do so by prohibiting all persons and vessels
from entering or remaining in the safety zone unless authorized by the
Captain of the Port or his designated representative.
DATES: Effective Date: This rule is effective in the CFR from June 16,
2010 until 11:59 p.m. on October 31, 2011. This rule is effective with
actual notice for purposes of enforcement beginning 10 a.m. on June 10,
2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0504 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0504 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management,
Coast Guard Sector Portland; telephone 503-240-9319, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
because the publishing of an NPRM would be impracticable and contrary
to public interest since immediate action is needed to ensure the
public's safety during construction activity. Delaying the
implementation of the safety zone would subject the public to the
hazards associated with the reconstruction of the transmission towers.
The danger posed by marine traffic on the Columbia River makes safety
zone regulations necessary to provide for the safety of construction
support vessels, spectator craft and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during construction. The Coast Guard
will issue broadcast notice to mariners to advise vessel operators of
navigational restrictions.
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 need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety
Basis and Purpose
Wilson Construction Company (WCC) has been contracted to replace 12
power lines that cross the Columbia River and reconstruct four
transmission towers on the banks of the Columbia River near Hermiston,
Oregon between June 10, 2010 and October 31, 2011. The company will be
using a helicopter to string the new lines and replace the towers. Due
to the inherent dangers associated with this type of work, a safety
zone is necessary to help ensure the safety of the workers involved as
well as the maritime public in general.
[[Page 33998]]
Discussion of Rule
The safety zone created by this rule encompasses all waters of the
Columbia River between two lines: The east line starting at the north
bank at 45[deg] 56' 16.5'' N/119[deg] 19' 24'' W then across the river
to the south bank at 45[deg] 55' 47'' N/119[deg] 19' 07'' W and the
west line starting at the north bank at 45[deg] 56' 05'' N/119[deg] 19'
48'' W and then across the river to the south bank at 45[deg] 55' 44''
N/119[deg] 19' 38'' W. Geographically this location is from the West
bridge of I-82 east approximately 1,200 feet toward the McNary Dam.
The safety zone will be in effect from 10 a.m. on June 10, 2010
through 11:59 p.m. on October 31, 2011. All persons and vessels are
prohibited from entering or remaining in the safety zone unless
authorized by the Captain of the Port or his designated representative.
Vessels will be allowed to transit through the safety zone during
designated times throughout the duration as coordinated by the on-scene
designated representative of the Captain of the Port.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this finding
based on the fact that the Captain of the Port and/or his designated
representative will allow maritime traffic to transit through the
safety zone when it is safe to do so.
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 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
between June 10, 2010 and October 31, 2011. The safety zone will not
have a significant economic impact on a substantial number of small
entities, however, because the Captain of the Port and/or his
designated representative will allow maritime traffic to transit
through the safety zone when it is safe to do so.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
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
[[Page 33999]]
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 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T13-149 to read as follows:
Sec. 165.T13-149 Safety Zone; McNary-John Day Transmission Line
Project, Columbia River, Hermiston, OR
(a) Location: The following is a safety zone: All waters of the
Columbia River between two lines with the first line starting at the
north bank at 45[deg] 56' 16.5'' N/119[deg] 19' 24'' W then across the
river to the south bank at 45[deg] 55' 47'' N/119[deg] 19' 07'' W and
the second line starting at the north bank at 45[deg] 56' 05'' N/
119[deg] 19' 48'' W and then across the river to the south bank at
45[deg] 55' 44'' N/119[deg] 19' 38'' W. Geographically this location is
from the West bridge of I-82 east approximately 1200 feet toward the
McNary Dam.
(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. Designated representatives are Coast Guard
personnel authorized by the Captain of the Port to grant persons or
vessels permission to enter or remain in the safety zone created by
this section. See 33 CFR part 165, subpart C, for additional
information and requirements.
(c) Enforcement Period. The safety zone created in this section
will be in effect from 10 a.m.. on June 10, 2010 through 11:59 p.m. on
October 31, 2011.
Dated: June 2, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-14468 Filed 6-15-10; 8:45 am]
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