14968 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Miami or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Miami by 

telephone at 305–535–4472, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(c) Enforcement date. This rule will 

be enforced from 10 a.m. until 2 p.m. on 

April 14, 2012. 

Dated: February 21, 2012. 

C.P. Scraba, 

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

Port Miami. 

[FR Doc. 2012–6311 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0591] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Anacostia River, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation that governs the operation 

of the CSX Railroad Vertical Lift Bridge 

across the Anacostia River, mile 3.4, at 

Washington, DC. The change will alter 

the eight hour advance notice 

requirement for a bridge opening to a 

48 hour advance notice requirement for 

a bridge opening. The operating 

regulation change gives more notice for 

trains and vessels to adjust their 

schedules accordingly to ensure safe 

and efficient transits across and under 

the bridge. 

DATES: This rule is effective April 13, 

2012. 

ADDRESSES: Comments and related 

materials received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2011– 

0591 and are available online by going 

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

USCG–2011–0591 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is 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 proposed 

rule, call or email Lindsey Middleton, 

Coast Guard; telephone 757–398–6629, 

email Lindsey.R.Middleton@uscg.mil. 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: 

Regulatory Information 

On August 23, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Anacostia River, 

Washington, DC in the Federal Register 

(76 FR 163). We did not receive public 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Basis and Purpose 

The CSX Railroad Company has 

requested a change in the operation 

regulation for the CSX Railroad Vertical 

Lift Bridge, across the Anacostia River, 

mile 3.4, at Washington, DC. The new 

48 hour advance notice requirement 

replaces the current eight hour advance 

notice requirement for a bridge opening. 

This rail-line is used for regular 

passenger service and train transits 

across this bridge on an average of 21 

times a day. As a result, it is necessary 

that ample time be given to maintain an 

accurate schedule for trains and vessels 

for safe and efficient travel across and 

under the bridge. 

The current operating schedule for the 

bridge is set out in 33 CFR 

117.253(b)(iv). The regulation was 

established in August 2004 and allows 

the bridge to be operated from a remote 

location, the Benning Yard office. The 

draw of the bridge shall open on signal 

under the following circumstances; at 

all times for public vessels of the United 

States, state and local government 

vessels, commercial vessels, and any 

vessel in an emergency involving danger 

to life or property; from May 15 through 

September 30, between 9 a.m. and 

12 p.m., and between 1 p.m. and 6 p.m.; 

and from May 15 through September 30, 

between 6 p.m. and 7 p.m. if notice is 

given before 6 p.m. on the day for which 

the opening is requested. At all other 

times, the bridge will open on signal if 

at least eight hours of notice is given. 

The vertical clearance of the bridge is 

5 feet at Mean High Water (MHW) in the 

closed position and 29 feet MHW in the 

open position. There are on average, 21 

train transits across this bridge everyday 

and there have been two bridge 

openings in the past two years for 

vessels taller than five feet. 

Concurrent with the publication of 

the NPRM, a test deviation [USCG– 

2011–0591] was issued to allow the CSX 

Railroad Bridge to test the proposed 

schedule and to obtain data and public 

comments. The test deviation allowed 

the bridge to open if at least 48 hours 

of notice is given, replacing the eight 

hour notice requirement. The test 

deviation continues to run until 

February 21, 2012. 

The Coast Guard has reviewed bridge 

tender logs from before the test 

deviation and during the first 

120 days of the entire 180 day test 

deviation. Before the deviation, the 

bridge had two bridge openings in the 

last two years for vessels over five feet 

tall. During the first 120 days of the 180 

day test deviation there were no 

requests for a bridge opening. 

The Coast Guard also reviewed the 

train logs before and during the first 120 

day period of the entire 180 day test 

deviation. In both cases there was on 

average 21 train transits across this 

bridge daily. 

Discussion of Comments and Changes 

No comments were received on the 

proposed rule or the test deviation and 

no changes were made to the proposed 

rule. 

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 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14969 

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 rule change is expected to have 

only a minimal impact on maritime 

traffic transiting under the bridge. The 

bridge will maintain its current 

operating regulation except that where 

there is currently an eight hour advance 

notice requirement for a bridge opening 

there will be a 48 hour advance notice 

requirement. Mariners can plan their 

trips in accordance with the scheduled 

bridge opening advance notice 

requirement to minimize delay. 

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 would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels needing to transit under the 

bridge between October 1 and May 14 

at all times and those needing to transit 

between the hours of 7 p.m. and 9 a.m. 

and from 12 p.m. to 1 p.m. between May 

15 and September 30. 

This action will not have a significant 

impact on a substantial number of small 

entities for the following reasons: The 

rule adds minimal restrictions to the 

movement of waterway navigation by 

requiring vessels that are not essential 

public vessels, vessels with dangerous 

emergencies, or vessels transiting under 

the bridge at specified excluded times to 

give 48 hours of notice when requesting 

a bridge opening. Vessels that can safely 

transit under the bridge in the closed 

position may do so at any time. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM (SNPRM) we offered to 

assist small entities in understanding 

the rule so that they could better 

evaluate its effects on them and 

participate in the rulemaking process. 

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 an 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 

would not create an environmental risk 

to health or risk to safety that might 

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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that 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 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 


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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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