[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Rules and Regulations]
[Pages 51778-51779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26336]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-97-023]


Safety Zone Regulations; Interstate 5 Bridge Repair Project, 
Columbia River, Vancouver, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the 
Interstate 5 bridge repair project on the Columbia River in Vancouver, 
Washington. This project will run from Tuesday, September 16, 1997, 
from 5 a.m. (PDT) through Wednesday, October 8, 1997, at 1 p.m. (PDT). 
The Coast Guard, through this action, intends to protect persons, 
facilities, and vessels from safety hazards associated with heavy 
equipment and falling debris in the vicinity of the repair project. 
Entry into this safety zone is prohibited unless authorized by the 
Captain of the Port.

EFFECTIVE DATES: This regulation becomes effective on September 16, 
1997, at 5 a.m. (PDT) and terminates on October 8, 1997, at 1 p.m. 
(PDT).

FOR FURTHER INFORMATION CONTACT:
Lt. T.G. Allan, c/o Captain of the Port, Portland, 6767 N. Basin Ave., 
Portland, Oregon 97217-3992, (503) 240-9327.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not 
published for this regulation and good cause exists for making it 
effective less than 30 days from the date of publication in the Federal 
Register. Publishing a NPRM and delaying its effective date would be 
contrary to the public interest since immediate action is necessary to 
ensure the safety of structures and vessels operating in the area of 
the bridge repair. Due to the complex planning and coordination 
involved, the event sponsor, the Oregon Department of Transportation, 
was unable to provide the Coast Guard with notice of the final details 
until 30 days prior to the date of the event. Therefore, sufficient 
time was not available to publish a proposed rule in advance of the 
event or to provide a delayed effective date. Following normal 
rulemaking procedures in this case would be impracticable.
    Drafting Information: The drafters of this regulation are LT T.G. 
Allan, Project Manager for the Captain of the Port, and LT K.A. 
Boodell, Project Counsel, Thirteenth Coast Guard District Legal Office.

Background and Purpose

    The event requiring this regulation is the Oregon Department of 
Transportation's Interstate 5 bridge repair project. The repair project 
is scheduled to begin on September 16, 1997, at 5 a.m. (PDT) with work 
to continue twenty-four hours a day until the project is complete on or 
about October 8, 1997. This event may result in a large number of 
vessels congregating near the bridge and construction barges. To 
promote the safety of both spectators and workers, a safety zone is 
being established on the waters of the Columbia River around the repair 
project, and entry into this safety zone is prohibited unless 
authorized by the Captain of the Port. This action is necessary due to 
hazards associated with heavy equipment and possible debris falling 
into the Columbia River in the vicinity of the repair project. This 
safety zone will be enforced by representatives of the Captain of the 
Port, Portland, Oregon. The Captain of the Port may be assisted by 
other federal agencies.

Regulatory Evaluation

    This temporary final rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 CFR 11040, February 26, 1979). The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. This expectation is based on the 
fact that the safety zone will restrict less than a quarter of a square 
mile of the waterway. The entities most likely to be affected by this 
action are commercial ship, and tug and barge operators on the Columbia 
River. These entities are aware of the Interstate bridge repair project 
and the safety zone, and they can schedule their transits accordingly. 
If safe to do so, the representative of the

[[Page 51779]]

Captain of the Port assigned to enforce this safety zone may authorize 
commercial vessels to pass through the safety zone on a case-by-case 
basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). For the reasons outlined in the 
Regulatory Evaluation above, the Coast Guard expects the impact of this 
final rule to be minimal on all entities. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This final rule contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
final rule and has concluded that, under section 2.B.2.c. of Commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination will 
be made available in the rulemaking docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 
Part 165 of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary section 165.T13020 is added to read as follows:


Sec. 165.T13020  Safety Zone: Columbia River, Vancouver, WA.

    (a) Location: The following area is a safety zone: All waters of 
the Columbia River in the vicinity of Vancouver, Washington, extending 
approximately 500 feet on both sides of the I-5 bridge from the 
Washington shore to the alternate barge channel. More specifically, 
this area is all waters of the Columbia River bounded by a line 
commencing at the Washington shore position 45 deg.37.307'N latitude, 
122 deg.40.573'W longitude; thence to position 45 deg.37.268'N 
latitude, 122 deg.40.599'W longitude; thence to position 
45 deg.37.166'N latitude, 122 deg.40.544'W longitude; thence to 
position 45 deg.37.131'N latitude, 122 deg.40.415'W longitude; thence 
to position 45 deg.37.202'N latitude, 122 deg.40.316'W longitude; 
thence to the Washington shore at position 45 deg.37.240'N latitude, 
122 deg.40.293'W longitude; thence returning along the Washington 
shoreline to the point of origin.
    (b) Definitions: The designated representative of the Captain of 
the Port is any Coast Guard commissioned, warrant, or petty officer who 
has been authorized by the Captain of the Port Portland, to act on his 
behalf. The following officers have or will be designated by the 
Captain of the Port: The Coast Guard Patrol Commander, the senior 
boarding officer on each vessel enforcing the safety zone, and the Duty 
Officer at Coast Guard Group, Portland, Oregon.
    (c) Regulations: (1) In accordance with the general regulations in 
Sec. 165.23, entry into this safety zone is prohibited unless 
authorized by the Captain of the Port or his designated 
representatives.
    (2) A succession of sharp, short signals by whistle, siren, or horn 
from vessels patrolling or by the person acting under the area under 
the direction of the Patrol Commander shall serve as a signal to stop. 
Vessels or persons signalled shall stop and comply with the orders of 
the patrol vessels; failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (d) Effective Dates: This section is effective on September 16, 
1997, at 5 a.m. (PDT) and terminates on October 8, 1997, at 1 p.m. 
(PDT), unless sooner terminated by the Captain of the Port.

    Dated: September 4, 1997.
M.J. Hall,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 97-26336 Filed 10-2-97; 8:45 am]
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