[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Rules and Regulations]
[Pages 4331-4333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01139]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1097]
RIN 1625-AA00
Safety Zone; Sellwood Bridge Move; Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing of a temporary safety zone
around the Sellwood Bridge, located on the Willamette River in
Portland, Oregon, while it is being relocated 66 feet downriver as part
of the new Sellwood Bridge construction project. This action is
necessary to ensure the safety of persons and vessels transiting the
Willamette River in the vicinity of the Sellwood Bridge as it is being
moved. This safety zone will also allow full maneuverability for
construction operations in this area during the bridge movement
operation. The safety zone will be effective for two days, but will
only be enforced as long as is necessary to complete the bridge
movement.
DATES: This rule is effective from 12:01 a.m. on January 19, 2013 to
11:59 p.m. on January 20, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1097]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 email Ensign Ian P. McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 impracticable as
the Coast Guard received a late notification of the event. The reason
for the late notification was that the date of the bridge move could be
set only after an exact date of the completion of the two structures
was established. Additionally, because of the complexity of moving the
bridge in one piece to new abutments and piers, the construction team
could not reschedule the move.
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
impracticable as the Coast Guard received a notification of the event
one month prior to it. The bridge construction contractor was
constrained by the completion of the temporary structures and the
availability of the subcontractor conducting the actual bridge move, so
the date of the move could not be established any earlier.
B. Basis and Purpose
The Sellwood Bridge Move is part of the Sellwood Bridge Project to
replace the existing 86-year-old bridge that is structurally inadequate
and functionally obsolete. The project includes moving the bridge 66
feet north and building two temporary structures. A safety zone is
needed to help ensure the safety of persons and vessels transiting the
area from any overhead hazards created during the bridge move.
C. Discussion of the Final Rule
This rule establishes a safety zone that covers the waters of the
Willamette River, extending 100 feet upriver and 160 feet downriver of
the Sellwood Bridge and to the east and west shorelines. This safety
zone prohibits all vessel traffic for the duration of the bridge move
with the exception of emergency vessels. A passage through the safety
zone for commercial vessels may be requested with a four-hour advance
notice through the Captain of the Port by contacting the Sector
Columbia River Command Center at (503) 861-6211, or the Patrol
Commander on VHF Channel 23.
This safety zone encompasses an existing safety zone along the east
and west shorelines of the Sellwood Bridge (See Sellwood Bridge
Project, Docket No. USCG-2012-0131), which was established for the
entire duration of the construction of the new bridge, expected to be
completed in July 2015. This safety zone will be effective on January
19 and 20, 2013. We note that upon the expiration of this safety zone,
the Sellwood Bridge Project safety zone will continue to remain in
place.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
[[Page 4332]]
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although the safety zone
would apply to the entire width of the river, the effect of this rule
will not be significant because: (i) The safety zone is limited in
size; (ii) traffic would be allowed to pass through the zone with the
permission of the Captain of the Port; (iii) all river users in the
area have been notified of the date and time of the temporary closure;
and (iv) before the activation of the zone, the Coast Guard will issue
maritime advisories widely available to users in the river.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. Although the safety zone would apply to the entire
width of the river, this rule will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) The safety zone is limited in size; (ii) traffic would be
allowed to pass through the zone with the permission of the Captain of
the Port; (iii) all known river users in the area have been notified of
the date and time of the temporary closure; and (iv) before enforcing
the zone, the Coast Guard will issue maritime advisories widely
available to users in the river.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would 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,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of a temporary safety
[[Page 4333]]
zone around the Sellwood Bridge on the Willamette River in Portland,
OR. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T13-238 to read as follows:
Sec. 165.T13.238 Safety Zone; Sellwood Bridge Move; Willamette River,
Portland, OR.
(a) Location. The following area is a safety zone: All waters of
the Willamette River around the Sellwood bridge in Portland, OR bounded
by a line beginning at the west shoreline north of the Sellwood bridge
at 45[deg]27'54'' N, 122[deg]40'01'' W; thence to the east at
45[deg]27'54'' N, 122[deg]39'52'' W; thence to the east shoreline south
of the Sellwood bridge at 45[deg]27'52'' N, 122[deg]39'49'' W; thence
to the west at 45[deg]27'52'' N, 122[deg]40'01'' W; thence north along
the west shoreline to the point of origin.
(b) Enforcement Periods. The Coast Guard Sector Columbia River
Captain of the Port will cause notice of the enforcement of this safety
zone to be made by all appropriate means to effect the widest publicity
among the affected segments of the public as practicable, in accordance
with 33 CFR 165.7. Such means of notification may include, but are not
limited to, Broadcast Notices to Mariners or Local Notices to Mariners.
The Sector Columbia River Captain of the Port will issue a Broadcast
Notice to Mariners and Local Notice to Mariners notifying the public
when enforcement of the safety zone is suspended. Upon notice of
enforcement by the Sector Columbia River Captain of the Port, the Coast
Guard will enforce the safety zone in accordance with rules set out in
this section. Upon notice of suspension of enforcement by the Sector
Columbia River Captain of the Port, all persons and vessels are
authorized to enter, transit, and exit the safety zone, consistent with
the Navigation Rules.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 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 representatives. To request transit through this zone
contact the Sector Columbia River Command Center at (503) 861-6211, or
the Patrol Commander on VHF Channel 23.
Dated: January 7, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013-01139 Filed 1-18-13; 8:45 am]
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