14970 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.253, revise paragraph 

(b)(1)(iv) to read as follows: 

§ 117.253 Anacostia River. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) At all other times, if at least 48 

hours of notice is given to the controller 

at the Benning Yard Office. 

* * * * * 

Dated: February 29, 2012. 

William D. Lee, 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. 2012–5969 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1174] 

RIN 1625–AA00 

Safety Zones; Sellwood Bridge Project, 

Willamette River; Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two safety zones to remain 

in effect throughout the duration of the 

construction and renewal of the 

Sellwood Bridge on the Willamette 

River, in Portland, OR. This action is 

necessary to ensure the safety of vessels 

transiting in close proximity to cranes, 

barges, and temporary structures 

associated with this construction 

project. During the effective period, all 

vessels will be required to remain 

outside the prescribed safe distance 

from the construction area while 

transiting in the vicinity of the Sellwood 

Bridge project; however, the 

establishment of these safety zones does 

not entirely close this section of the 

Willamette River. The section of the 

Willamette River between the safety 

zones will remain open for vessel 

transits, and it will have a minimum 

channel width of 138 feet at all times. 

DATES: This rule is effective in the CFR 

from March 14, 2012 through 11 a.m., 

July 1, 2012. This rule is effective with 

actual notice for purposes of 

enforcement from 4 p.m., March 1, 

2012, through 11 a.m. July 1, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1174 and are available online by going 

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

USCG–2011–1174 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 contrary 

to public interest. The Sellwood Bridge 

is an 86 year old bridge that is 

structurally inadequate and functionally 

obsolete. Although public outreach for 

the Sellwood Bridge renewal project 

began in June 2006, specific 

construction dates were not 

predetermined due to funding 

constraints. As a result of the delay in 

determining a specific date to 

commence work and in order to avoid 

the imposition of financial penalties on 

the state and local governments funding 

construction due to delays, the safety 

zones are immediately necessary. 

Should construction commence without 

a safety zone in place, the safety of 

recreational and commercial vessels 

transiting the area may be threatened by 

their close proximity to cranes, barges, 

and temporary structures associated 

with this construction project. Thus, 

any delay in the effective date of this 

rule would be contrary to the public 

interest because immediate action is 

needed to minimize potential danger to 

the public during the bridge 

construction. Additionally, in order to 

allow public comment on safety zones 

in this area, the Coast Guard will issue 

a notice of proposed rulemaking for a 

temporary rule that establishes safety 

zones in the same locations from the 

expiration of this rule through January 

1, 2015. 

For the same reason discussed above, 

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. 

Background and Purpose 

The Sellwood Bridge project will 

replace the existing 86 year old bridge 

that is structurally inadequate and 

functionally obsolete. The project will 

renew the bridge with a new deck arch 

structure compliant with current 

loading and seismic requirements, 

upgrade the interchange at Oregon 

Route 43, and provide substantially 

improved bicycle and pedestrian 

facilities. The project includes the 

construction of two temporary 

structures and two new bridge piers 

which will each require a cofferdam. 

The temporary structures will be 

constructed to facilitate the moving of 

the older bridge. 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 near the 

temporary structures or cranes. 

Construction work is anticipated to 

continue through January 1, 2015. 

During the effective period of this rule 

a notice of proposed rulemaking will be 

issued for a temporary rule that 

establishes safety zones in the same 

locations from the expiration of this rule 

through January 1, 2015. 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14971 

Discussion of Rule 

The two safety zones created by this 

rule cover all waters of the Willamette 

River; however, the establishment of 

these safety zones does not entirely 

close this section of the Willamette 

River. The section of the Willamette 

River between the safety zones will 

remain open for vessel transits, and it 

will have a minimum channel width of 

138 feet at all times. The first safety 

zone on the West river bank is 

encompassed within the following four 

lines: Line one starting at 45–27′53.5′′ 

N/122–40′03.5′′ W then heading 375 feet 

offshore to 45–27′53.5′′ N/122–39′58.5′′ 

W then heading up river 200 feet to 45– 

27′49.5′′ N/122–39′58.5′′ W then heading 

375 feet back to the shore at 45–27′49.5′′ 

N/122–40′04.5′′ W then following the 

shoreline to end at 45–27′53.5′′ N/122– 

40′03.5′′ W. The second safety zone on 

the East river bank is encompassed 

within the following four lines: Line one 

starting at 45–27′53.5′′ N/122–39′50.5′′ 

W then heading 420 feet offshore to 45– 

27′53.5′′ N/122–39′55.0′′ W then heading 

up river 200 feet to 45–27′49.5′′ N/122– 

39′55.0′′ W then heading 420 feet back 

to the shore at 45–27′49.5′′ N/122– 

39′47.0′′ W then following the shoreline 

to end at 45–27′49.5′′ N/122–39′47.0′′ W. 

Geographically, this rule will cover all 

waters of the Willamette River 100 feet 

upriver and downriver of the existing 

Sellwood Bridge, inward 375 feet from 

the Western side shoreline, and inward 

420 feet from the Eastern side shoreline. 

The section of the Willamette River 

between the safety zones will remain 

open for vessel transits, and it will have 

a minimum width of 138 feet at all 

times. These safety zones will ensure 

the safety of all vessels and crew that 

are working and transiting in the 

construction areas. 

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 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. The Coast 

Guard has made this determination 

based on the fact that the safety zones 

created by this rule will not 

significantly affect the maritime public 

because vessels may still transit in the 

vicinity of the safety zones. 

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 zones. The safety 

zones will not have a significant 

economic impact on a substantial 

number of small entities because the 

area can still be used to transit through 

this section of the river, which will 

maintain a minimum width of 138 feet. 

Other maritime users, such as dragon 

boats, kayaks, and canoes, will be able 

to transit around the safety zones or 

through the open section. 

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 any 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 


pstrozier on DSK7SPTVN1PROD with RULES
14972 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

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 safety 

zones. 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. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 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. 

■ 2. Add § 165.T13–207 to read as 

follows: 

§ 165.T13–207 Safety Zones; Sellwood 

Bridge project, Willamette River; Portland, 

OR 

(a) Location. The safety zone on the 

western river bank encompasses all 

waters of the Willamette River within 

the following four lines: Line one 

starting at 45–27′53.5′′ N/122–40′03.5′′ 

W then heading 375 feet offshore to 45– 

27′53.5′′ N/122–39′58.5′′ W then heading 

up river 200 feet to 45–27′49.5′′ N/122– 

39′58.5′′ W then heading 375 feet back 

to the shore at 45–27′49.5′′ N/122– 

40′04.5′′ W then following the shoreline 

to end at 45–27′53.5′′ N/122–40′40′03.5′′ 

W. The safety zone on the eastern river 

bank is encompassed within the 

following four lines: Line one starting at 

45–27′53.5′′ N/122–39′50.5′′ W then 

heading 420 feet offshore to 45–27′53.5′′ 

N/122–39′55.0′′ W then heading up river 

200 feet to 45–27′49.5′′ N/122–39′55.0′′ 

W then heading 420 feet back to the 

shore at 45–27′49.5′′ N/122–39′47.0′′ W 

then following the shoreline to end at 

45–27′49.5′′ N/122–39′47.0′′ W. 

Geographically, this rule will cover all 

waters of the Willamette River 100 feet 

upriver and downriver of the existing 

Sellwood Bridge, inward 375 feet from 

the Western side shoreline, and inward 

420 feet from the Eastern side shoreline. 

The section of the Willamette River 

between the safety zones will remain 

open for vessel transits, and it will have 

a minimum width of 138 feet at all 

times. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person may enter or 

remain in the safety zones created in 

this section or bring, cause to be 

brought, or allow to remain in the safety 

zones created in this section any 

vehicle, vessel, or object unless 

authorized by the Captain of the Port or 

his designated representative. The 

Captain of the Port may be assisted by 

other Federal, state, or local agencies 

with the enforcement of the safety 

zones. 

(c) Enforcement period. The safety 

zones created by this section will be in 

effect from 4 p.m. March 1, 2012, 

through 11 a.m. July 1, 2012. 

Dated: March 1, 2012. 

B.C. Jones, 

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

Port, Columbia River. 

[FR Doc. 2012–6137 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 104 

Discrimination on the Basis of 

Disability in Federally Assisted 

Programs and Activities 

AGENCY: Office for Civil Rights, 

Department of Education. 

ACTION: Notice of interpretation. 

SUMMARY: The Department of Education 

(Department or Education) provides 

notice of its interpretation of Section 

504 of the Rehabilitation Act of 1973 

and the Department’s implementing 

regulations, which prohibit 

discrimination on the basis of disability 

in federally assisted programs and 

activities (Education’s Section 504 

regulations). Among other things, 

Education’s Section 504 regulations 

address the accessibility and usability of 

a recipient’s facilities by persons with 

disabilities. This document explains 

that for new construction and 

alterations commenced on or after 

September 15, 2010, we will permit 

recipients of Federal financial assistance 

from the Department to use an 

additional alternative accessibility 

standard in lieu of the Uniform Federal 

Accessibility Standards (UFAS) for the 

purpose of complying with Section 504. 

Specifically, we will permit the use of 

the U. S. Department of Justice’s 2010 

ADA Standards for Accessible Design as 

defined in the Americans with 

Disabilities Act (ADA) Title II regulation 

(referred to in this notice as the 2010 

Title II ADA Standards) except that 

Exception (1) to Section 206.2.3 does 

not apply. Use of the 2010 Title II ADA 

Standards will not be required as a 

means of compliance with Section 504, 


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