[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Rules and Regulations]
[Pages 61354-61356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24878]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0895]
RIN 1625-AA00
Safety Zone; Interstate 5 Bridge Repairs, Columbia River,
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
waters of the Columbia River due to repairs being made to the
Interstate 5 Bridge. The safety zone is necessary to ensure the safety
of the workers involved 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: This rule is effective in the CFR on October 5, 2010 through 5
p.m. on October 13, 2010. This rule is effective with actual notice for
purposes of enforcement starting at 6 a.m. on October 4, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0895 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0895 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 BM2 Silvestre Suga, Waterways Management
Division, Coast Guard Marine Safety Unit Portland; telephone 503-247-
4015, 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)
with respect to this rule because to do so would be contrary to public
interest since the repairs to the Interstate 5 Bridge would be
completed by the time notice could be published and comments taken.
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 because to do otherwise would be
contrary to the public interest since the repairs to the Interstate 5
Bridge would be completed by the time the 30 day period will have
passed.
Basis and Purpose
The Oregon Department of Transportation will be conducting
inspections and repairs to the Interstate 5 Bridge over the Columbia
River on October 4, 5, 8, 11, 12, and 13, 2010. A tug and barge
equipped with a man lift will be in position under the bridge to
conduct the work. Due to the inherent dangers associated with such
work, a safety zone is necessary to help ensure the safety of the
workers involved as well as the maritime public.
Discussion of Rule
The safety zone created by this rule encompasses all waters of the
Columbia River within the area created by connecting the following four
piers of the Interstate 5 Bridge: East Pier 3 across the wide span
channel to East Pier 5 then downstream under the bridge to West Pier 5,
across the wide span channel to West Pier 3, then back upstream under
the bridge to East Pier 3. The piers are numbered from the North bank
to the South bank. Geographically this location is a rectangle
enclosing the wide span channel of the Interstate 5 Bridge starting at
the draw span reaching across to the first pier of the high span and
then back to the draw span.
The safety zone will be in effect from 6 a.m. through 5 p.m. on
October 4, 5, 8, 11, 12, and 13, 2010.
All persons and vessels are prohibited from entering or remaining
in the safety zone unless authorized by the Captain of the Port or
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. The Coast Guard has made this
[[Page 61355]]
determination based on the fact that the safety zone is limited in size
and duration and maritime traffic will be able to transit around the
safety zone.
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.
The safety zone will not have a significant economic impact on a
substantial number of small entities, however, because the safety zone
is limited in size and duration and maritime traffic will be able to
transit around the safety zone.
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 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.
[[Page 61356]]
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.T13-164 to read as follows:
Sec. 165.T13-164 Safety Zone; Interstate 5 Bridge Repairs, Columbia
River, Portland, OR.
(a) Location. The following area is a safety zone: All waters of
the Columbia River within the area created by connecting the following
four piers of the Interstate 5 Bridge: East Pier 3 across the wide span
channel to East Pier 5 then downstream under the bridge to West Pier 5,
across the wide span channel to West Pier 3, then back upstream under
the bridge to East Pier 3. The piers are numbered from the North bank
to the South bank. Geographically this location is a rectangle
enclosing the wide span channel of the Interstate 5 Bridge starting at
the draw span reaching across to the first pier of the high span and
then back to the draw span.
(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 by this section
will be enforced from 6 a.m. through 5 p.m. on October 4, 5, 8, 11, 12,
and 13, 2010.
Dated: September 20, 2010.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2010-24878 Filed 10-4-10; 8:45 am]
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