[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81464-81466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32544]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1109]
RIN 1625-AA00
Safety Zone; Columbia River, The Dalles Lock and Dam
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Columbia River in the vicinity of The Dalles Lock and Dam
while the Army Corps of Engineers completes repairs to the lock. The
safety zone is necessary to help ensure the safety of workers
conducting the repairs as well as the maritime public and will do so by
prohibiting all persons and vessels from entering the construction
zone.
DATES: This rule is effective in the CFR on December 28, 2010 through
April 1, 2011. This rule is effective with actual notice for purposes
of enforcement
[[Page 81465]]
starting at 6 a.m. on December 10, 2010. This rule will remain in
effect through 11:59 p.m. on April 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1109 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1109 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 LTJG Jeremy Maginot, Waterways
Management Division, Coast Guard MSU Portland; telephone 503-247-4004,
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 event will have begun by the time the 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 public interest since the event will have begun by the time
the notice could be published and comments taken.
Background and Purpose
The U.S. Army Corps of Engineers will be completing repairs on The
Dalles Lock from December 10, 2010 until April 1, 2010. The dangers
associated with such a large scale construction project necessitate the
establishment of this safety zone to help ensure the safety of the
workers conducting the repairs as well as the maritime public.
Discussion of Rule
The safety zone created by this rule covers all waters of the
Columbia River encompassed within the area created by a line beginning
at the tip of the south wall of The Dalles Lock entrance basin at
45[deg]37'03.4'' N, 121[deg]08'02.6'' W; thence continuing northwest
from the south wall of The Dalles Lock entrance basin to the Washington
bank at 45[deg]37'06.0'' N, 121[deg]08'06.1'' W; thence continuing
southwest along the bank of the Columbia River to the east end of The
Dalles Lock; thence across the downstream gate to the south lock wall
of The Dalles Lock; thence continuing along the south lock wall of The
Dalles Lock and the south wall of The Dalles Lock entrance basin to the
starting point at 45[deg]37'03.4'' N, 121[deg]08'02.6'' W.
Geographically, this area encompasses The Dalles Lock and the upstream
lock entrance basin of The Dalles Lock.
The safety zone will be in effect from 6 a.m. on December 10, 2010
through 11:59 p.m. on April 01, 2011. 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 determination based on the fact that
the safety zone created by this rule will not significantly affect the
maritime public because the area covered has little commercial or
recreational activity. In addition, vessels may enter the safety 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 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 because the area covered has
little commercial or recreational activity. In addition, vessels may
enter the safety zone with the permission of 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), 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
[[Page 81466]]
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 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 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 which 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. Chapters 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.T13-173 to read as follows:
Sec. 165.T13-173 Safety Zone; Columbia River, The Dalles Lock and Dam
(a) Location. The following is a safety zone: All waters of the
Columbia River encompassed within the area created by a line beginning
at the tip of the south wall of The Dalles Lock entrance basin at
45[deg] 37' 03.4'' N, 121[deg] 08' 02.6'' W; thence continuing
northwest from the south wall of The Dalles Lock entrance basin to the
Washington bank at 45[deg] 37' 06.0'' N, 121[deg] 08' 06.1'' W; thence
continuing southwest along the bank of the Columbia River to the east
end of The Dalles Lock; thence across the downstream gate to the south
lock wall of The Dalles Lock; thence continuing along the south lock
wall of The Dalles Lock and the south wall of The Dalles Lock entrance
basin to the starting point at 45[deg] 37' 03.4'' N, 121[deg] 08'
02.6'' W. Geographically this area encompasses The Dalles Lock and the
upstream lock entrance basin of The Dalles Lock.
(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 designated
representative. Designated representatives are Coast Guard or Army
Corps of Engineers personnel designated 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 6 a.m. on December 10, 2010 through 11:59 p.m.
on April 1, 2011.
Dated: December 9, 2010.
D.E. Kaup
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2010-32544 Filed 12-27-10; 8:45 am]
BILLING CODE 9110-04-P