[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Proposed Rules]
[Pages 15009-15012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6126]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0131]
RIN 1625-AA00


Safety Zones; Sellwood Bridge Project, Willamette River; 
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of two safety zones 
to remain in effect throughout the duration of the construction and 
renewal of the Sellwood Bridge located on the Willamette River in 
Portland, Oregon. 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 at 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.
    The two safety zones proposed in this rule are located within the 
same geographical points as safety zones issued as a temporary final 
rule effective through 11 a.m., July 1, 2012.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0131 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email ENS Ian McPhillips, Waterways Management Division, 
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
<a href="/cdn-cgi/l/email-protection#efa68e81c1bfc1a28cbf87868383869f9caf9a9c8c88c1828683"><span class="__cf_email__" data-cfemail="0d446c63235d23406e5d65646161647d7e4d787e6e6a23606461">[email protected]</span></a>. 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: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0131), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert

[[Page 15010]]

``USCG-2012-0131'' in the ``Keyword'' box. Click ``Search'' then click 
on the balloon shape in the ``Actions'' column. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope. We will consider all comments and material received during 
the comment period and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0131'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before April 13, 2012 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis 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. Construction work will continue through January 
1, 2015. 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.

Discussion of Proposed Rule

    The proposed rule would create two safety zones that 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 
the all vessels and crew that are working and transiting in the 
construction areas.

Regulatory Analyses

    We developed this proposed 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 proposed 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

[[Page 15011]]

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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 ENS Ian McPhillips, Waterways 
Management Division, Marine Safety Unit Portland, Coast Guard; 
telephone 503-240-9319, email <a href="/cdn-cgi/l/email-protection#8fc6eee1a1dfa1c2ecdfe7e6e3e3e6fffccffafcece8a1e2e6e3"><span class="__cf_email__" data-cfemail="49002827671967042a192120252520393a093c3a2a2e67242025">[email protected]</span></a>. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This rule is 
categorically excluded, under figure 2-1, paragraph (34) (g), of the 
instruction. This proposed rule involves the creation of two safety 
zones. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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 proposes 
to amend 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T13-208 to read as follows:

[[Page 15012]]

Sec.  165.T13-208  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/122-40'03.5'' 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) Effective Period. The Safety zones created by this section will 
be in effect from 11 a.m. on July 1, 2012 through 11 p.m. on January 
31, 2015.

    Dated: March 1, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-6126 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P


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