[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Rules and Regulations]
[Pages 35970-35973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15273]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0214]
RIN 1625-AA00
Safety Zone; North Jetty, Named the Barview Jetty, Tillamook Bay,
OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 35971]]
SUMMARY: The Coast Guard is establishing a temporary safety zone
surrounding the north jetty, named the Barview Jetty near Tillamook
Bay, Oregon. The safety zone is necessary to help ensure the safety of
work crews and the maritime public while the jetty is being repaired
and will do so by prohibiting all persons and vessels from entering or
remaining within 250 feet of the jetty unless specifically authorized
by the Captain of the Port or his designated representative.
DATES: Effective Date: This rule is effective in the CFR from June 24,
2010 until 11:59 p.m. on September 30, 2010. This rule is effective
with actual notice for purposes of enforcement beginning 12:01 a.m. on
June 15, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0214 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0214 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 rule,
call or e-mail MST1 Jaime Sayers, Waterways Management Branch, 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
On April 28, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Safety Zone; North Jetty, Named the Barview Jetty,
Tillamook Bay, OR'' in the Federal Register (75 FR 22336). We received
one comment on the proposed rule. There were no requests for a public
meeting and none was held.
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
The north jetty, named the Barview Jetty, near Tillamook Bay,
Oregon has deteriorated to the point that the United States Army Corps
of Engineers has contracted Kiewit Corporation to repair the jetty. The
repairs will begin on June 15, 2010 and will involve the use of a track
mounted Manitowoc 18,000 lb crane with as much as 200 feet of boom. The
crane will be used to move large granite boulders weighing
approximately 20 to 50 tons each by lifting them up, circling them out
over the waterway on either side of the north jetty, and placing them
into the jetty.
Due to the inherent dangers associated with such operations, the
safety zone created by this rule is necessary to help ensure the safety
of work crews and the maritime public while the jetty is being
repaired. It will do so by prohibiting all persons and vessels from
entering or remaining in the zone when work is being conducted on the
jetty unless specifically authorized by the Captain of the Port or his
designated representative.
Discussion of Comments and Changes
The Coast Guard received one comment on this safety zone regarding
the ability of surfers to use the ``rip adjacent to the jetty to get
out to the breaking waves.'' The Coast Guard agrees the temporary
safety zone will restrict access to the area, and we have made a change
to the rule in light of this comment by adding language that the safety
zone will be enforced when work is being conducted on the jetty,
between the hours of 5:30 a.m. and 7:30 p.m. Monday through Saturday,
unless otherwise required. The purpose of the safety zone is to protect
the public from the dangers associated with the construction project
and due to safety concerns the area may be closed to public access by
the company working on the jetty. The public will be notified of the
enforcement and suspension of enforcement of the safety zone by
Broadcast Notice to Mariners in accordance with the procedures outlined
in this regulation.
Discussion of Rule
The safety zone created by this rule will cover all waters
surrounding the Barview jetty within 250 feet starting at latitude
45[deg]34'12'' N, longitude 123[deg]57'31'' W; thence heading offshore
to latitude 45[deg]34'12'' N, longitude 123[deg]57'58'' W; thence
across the tip of the jetty to latitude 45[deg]34'17.5'' N, longitude
123[deg]57'58'' W; thence back inland to latitude 45[deg]34'15'' N,
longitude 123[deg]57'31'' W. All persons and vessels will be prohibited
from entering or remaining in the zone unless specifically authorized
by the Captain of the Port or his designated representative.
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. Although this regulation restricts access
to the safety zone, the effect of the rule will not be significant
because: (i) The safety zone will only be in effect during the 3\1/2\
months repairs are being made to the north jetty, named the Barview
Jetty; (ii) the zone is of limited size; and (iii) maritime traffic
will be able to transit the zone with the permission of the Captain of
the Port or his designated representative.
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 or operators of vessels wishing to
transit the safety zone established by this rule. The rule will not
have a significant economic impact on a substantial number of small
entities, however, because the safety zone will only be in effect
during the 3\1/2\ months repairs are being made to the north jetty,
named the Barview Jetty, and maritime traffic will be able to transit
the zone with the permission of
[[Page 35972]]
the Captain of the Port or his designated representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
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 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 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.T13-137 to read as follows:
Sec. 165.T13-137 Safety Zone; North Jetty, Named the Barview Jetty,
Tillamook Bay, OR.
(a) Location. The following area is a safety zone: All waters
within a 250 feet radius of the north jetty, named the Barview Jetty,
near Tillamook Bay, Oregon starting at latitude 45[deg]34'12'' N,
longitude 123[deg]57'31'' W; thence heading offshore to latitude
45[deg]34'12'' N, longitude 123[deg]57'58'' W; thence across the tip of
the jetty to latitude 45[deg]34'17.5'' N, longitude 123[deg]57'58'' W;
thence back inland to latitude 45[deg] 34' 15'' N, longitude
123[deg]57'31'' W.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23, no
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person may enter or remain in the safety zone created in paragraph (a)
of this section or bring, cause to be brought, or allow to remain in
the safety zone created in paragraph (a) of this section any vehicle,
vessel or object unless authorized by the Captain of the Port or his
designated representative.
(c) Enforcement. The safety zone will be enforced daily June 15,
2010 through September 31, 2010 between the hours of 5:30 a.m. and 7:30
p.m.
(1) The Captain of the Port, Sector Portland, will notify the
public of the enforcement and suspension of enforcement of the safety
zone established by this section via any means that will provide as
much notice as possible to the public. These means might include some
or all of those listed in 33 CFR 165.7(a). The primary method of
notification, however, will be through Broadcast Notice to Mariners and
local Notice to Mariners.
(d) Effective Period. The safety zone created in paragraph (a) of
this section will be in effect from 12:01 a.m. June 15, 2010 until
11:59 p.m. September 30, 2010 while work is being conducted on the
jetty.
Dated: June 11, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-15273 Filed 6-23-10; 8:45 am]
BILLING CODE 9110-04-P