Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25079 

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 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

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)(h), of the Instruction. This rule 

involves a special local regulation 

issued in conjunction with a regatta or 

marine parade, therefore (34)(h) of the 

Instruction applies. An environmental 

analysis checklist and a categorical 

exclusion determination will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T09–0342 to read as 

follows: 

§ 100.35T09–0342 Special Local 

Regulation; Wy-Hi Rowing Regatta, 

Wyandotte, MI. 

(a) Regulated Area. A regulated area is 

established to include all waters of the 

Trenton Channel in the Detroit River, 

Wyandotte, Michigan, starting at a point 

on land at position 42°10′58′′ N, 

083°9′13′′ W; following the Trenton 

Channel north to position 42°11′44′′ N, 

083°8′56′′ W. All geographic coordinates 

are North American Datum of 1983 

(NAD 83). 

(b) Special Local Regulation. No 

vessel may enter, transit through, or 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 

(c) Enforcement Period. This 

regulation will be enforced from 7:30 

a.m. until 4:30 p.m. on May 5, 2012. 

(d) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. Vessel operators given permission to 

enter or operate in the regulated area 

must comply with all directions given to 

them by the Coast Guard Patrol 

Commander. 

Dated: April 16, 2012. 

J.E. Ogden, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2012–10256 Filed 4–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0280] 

Drawbridge Operation Regulation; 

Lake Washington Ship Canal, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Montlake 

Bridge across the Lake Washington Ship 

Canal, mile 5.2, at Seattle, WA. This 

deviation is necessary to accommodate 

the Beat the Bridge charity foot race 

scheduled for Sunday, May 20, 2012. 

This deviation allows the bridge to 

remain in the closed position to allow 

safe movement of event participants. 

DATES: This deviation is effective from 

7:30 a.m. on May 20, 2012 through 9 

a.m. May 20, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2012– 

0280 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0280 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 rule, call or 

email the Bridge Administrator, Coast 

Guard Thirteenth District; telephone 

206–220–7282 email 

randall.d.overton@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Washington State Department of 

Transportation has requested that the 

Montlake Bridge remain closed to vessel 

traffic to facilitate safe passage of 

participants of the Beat the Bridge 

charity event. Beat the Bridge is an 

annual foot race held in Seattle, WA to 

benefit diabetes research. The race 

course passes over the Montlake Bridge. 

The Montlake Bridge crosses the Lake 

Washington Ship Canal at mile 5.2 and 

while in the closed position provides 30 

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25080 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

feet of vertical clearance throughout the 

navigation channel and 46 feet of 

vertical clearance throughout the center 

60-feet of the bridge; vertical clearance 

referenced to the Mean Water Level of 

Lake Washington. Vessels which do not 

require a bridge opening may continue 

to transit beneath the bridge during this 

closure period. Under normal 

conditions this bridge operates in 

accordance with 33 CFR 117.1051(e) 

which requires the bridge to open on 

signal, except that the bridge need not 

open for vessels less than 1,000 gross 

tons between 7 a.m. and 9 a.m. and 3:30 

p.m. and 6:30 p.m. Monday through 

Friday. This deviation period is from 

7:30 a.m. on May 20, 2012 through 9 

a.m. on Sunday, May 20, 2012. The 

deviation allows the bascule span of the 

Montlake Bridge to remain in the closed 

position and need not open for maritime 

traffic from 7:30 a.m. through 9 a.m. on 

May 20, 2012. The bridge shall operate 

in accordance to 33 CFR 117.1051(e) at 

all other times. Waterway usage on the 

Lake Washington Ship Canal ranges 

from commercial tug and barge to small 

pleasure craft. Mariners will be notified 

and kept informed of the bridge’s 

operational status via the Coast Guard 

Notice to Mariners publication and 

Broadcast Notice to Mariners as 

appropriate. The draw span will be 

required to open, if needed, for vessels 

engaged in emergency response 

operations during this closure period. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 30, 2012. 

Randall D. Overton, 

Bridge Administrator. 

[FR Doc. 2012–10186 Filed 4–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1173] 

RIN 1625–AA00 

Safety Zones; TriMet Bridge Project, 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing safety zones encompassing 

the work trestles and construction 

cranes involved in the construction of 

the TriMet Bridge on the Willamette 

River, in Portland, OR. This action is 

necessary to ensure the safety of 

recreational vessels and commercial 

vessels transiting in close proximity to 

cranes and overhead work associated 

with this construction project. These 

safety zones replace the prior safety 

zones established for the TriMet Bridge 

construction site and are more focused 

in nature than the previous safety zone. 

During the enforcement period, all 

vessels will be required to transit the 

area at a safe distance from the work 

being conducted. 

DATES: This rule is effective from April 

27, 2012 until October 31, 2014. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1173 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1173 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 email ENS Ian McPhillips, 

Waterways Management Division, Coast 

Guard MSU Portland; telephone 503– 

240–9319, email 

Ian.P.McPhillips@uscg.mil. 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 

impracticable, since bridge construction 

is already underway and the safety zone 

continues to be immediately necessary 

to help ensure the safety of recreational 

and commercial vessels transiting in 

close proximity to cranes, barges, and 

temporary structures associated with 

this construction project. 

Under 5 U.S.C. 553(d)(1), the Coast 

Guard finds that this rule may be made 

effective less than 30 days after 

publication in the Federal Register 

because it relieves restrictions imposed 

by the prior safety zones, which were 

broader in scope. Furthermore, under 

553(d)(3), we find that any delay in the 

effective date of this rule would 

constitute a danger to the vessels in this 

area as well as the structures associated 

with the construction project. 

Background and Purpose 

Currently, a safety zone exists around 

the TriMet Bridge Project on the 

Willamette River. This temporary rule is 

being published to modify the safety 

zone at issue, so that the exclusionary 

zone does not extend from riverbank to 

riverbank in this section of the river, 

and also to clarify that the safety zones 

are only temporary. The new zones will 

require vessels passing through the area 

to remain a distance of 100 feet in all 

directions away from the work trestles 

and 140 feet in all directions from the 

cranes. To ensure the safety of 

construction crews on the barges, 

temporary structures, and cranes, two 

safety zones on each side of the river are 

being established to require vessels in 

the vicinity of the construction area to 

remain outside of the two designated 

safety zones. Additionally, this will 

ensure that the vessels operating in the 

vicinity of the designated areas will not 

be in any dangerous areas. 

Discussion of Rule 

The two safety zones created by this 

rule cover all waters of the Willamette 

River; however, the establishment of the 

safety zones does not close this section 

of the Willamette River to vessels 

desiring to pass through the area when 

transiting up-bound or down-bound. 

The section of the Willamette River 

between the safety zones will remain 

open for vessel transits throughout the 

entirety of the project unless otherwise 

specified by the Captain of the Port 

Columbia River. Vessels passing 

through the area will be required to 

remain a distance of 100 feet in all 

directions away from the work trestles 

and 140 feet in all directions of the 

cranes. The safety zones will ensure the 

safety of all vessels and crew that are 

working and transiting in the 

construction areas. Other maritime 

users, such as dragon boats, kayaks, and 

canoes, will also be able to transit 

through the open section. 

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