This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17683 

Vol. 80, No. 63 

Thursday, April 2, 2015 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0187] 

RIN 1625–AA00 

Safety Zone; Sellwood Bridge 

Construction, Willamette River, 

Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone in Portland, 

OR. This safety zone is necessary to 

ensure the safety of the maritime public 

and construction crews during 

construction of the Sellwood Bridge by 

prohibiting unauthorized persons and 

vessels from entering the regulated area 

unless authorized by the Sector 

Columbia River Captain of the Port or 

his designated representatives. 

DATES: This rule is effective without 

actual notice from April 2, 2015 until 

June 10, 2015. For the purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

March 19, 2015, through April 2, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0187]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ken Lawrenson, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email msupdxwwm@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

TFR Temporary Final Rule 

A. Regulatory History and 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. Based on the 

date on which notice of construction 

was given, a notice and comment period 

could not be held before the need for the 

safety zone restrictions, which will go 

into effect March 19, 2015. 

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 because the work will 

commence and vessel movements in 

this area need to be restricted during the 

period of construction, which 

commences immediately. 

B. Basis and Purpose 

Coast Guard Captains of the Port are 

granted authority to establish safety 

zones in 33 CFR 1.05–1(f) for safety and 

environmental purposes as described in 

33 CFR part 165. 

The construction of bridges creates 

hazardous conditions for both the 

maritime public and the construction 

crews because of crane barges 

positioned within the temporary 

navigation channel of the river, anchor 

lines protruding outward from the 

barges, falling debris, and the 

suspension of heavy loads over the 

waterway. A safety zone is necessary to 

restrict vessel movement and reduce 

traffic going under the bridge during 

these critical lifts to ensure the safety of 

the maritime public and construction 

crews. 

C. Discussion of the Rule 

The rule establishes a Safety Zone in 

the Thirteenth Coast Guard District. 

The safety zone created by this rule 

will cover all waters bank to bank of the 

Willamette River encompassed within 

chart 18528 starting at a line drawn 

from 45°27′57′′ N/122°40′04′′ W then 

east to 45°27′57′′ N/122°39′51′′ W then 

south to 45°27′47′′ N/122°39′44′′ W then 

west to 45°27′47′′ N/122°40′04′′ W then 

north to 45°27′57′′N/122°40′04′′ W. 

The rule will be enforced while 

construction is underway. Construction 

is currently scheduled to take place 

from March 19, 2015 through 6:00 p.m. 

on April 2, 2015 and again starting at 

7:00 a.m. on May 15, 2015 through 6:00 

p.m. on May 27, 2015. The Coast Guard 

will notify mariners of any changes to 

the construction schedule and 

enforcement of this safety zone via a 

Broadcast Notice to Mariners and Local 

Notice to Mariners. This rule has been 

enforced with actual notice since March 

19, 2015. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The Coast Guard has made this 

determination based on the fact that the 

safety zone created by this rule is small 

in size, and vessels may still transit 


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17684 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 

through the area at a reduced speed of 

five miles per hour. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. 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 zone created in 

this rule. The safety zone will not have 

a significant economic impact on a 

substantial number of small entities 

because vessels may still be able to 

transit a one hundred thirty eight foot 

span of the temporary navigation 

channel at the center of the river at a 

reduced speed when deemed safe by the 

Captain of the Port or his designated 

representative. The Coast Guard has 

contacted one commercial boat operator 

to inform them of the safety zone and 

discuss the potential impact of the 

safety zone on operations. The operator 

indicated that impacts on business 

would be minimal. Additionally, the 

Coast Guard ensured the construction 

contractor contacted the affected small 

business entities most likely to be 

impacted. 

3. 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 rule. 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 the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

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. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the ‘‘FOR FURTHER

INFORMATION CONTACT’’ section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. 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. 

9. 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. 

10. 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. 

11. 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. 

12. 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. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 determined that 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 from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. This rule 

involves the establishment of a limited 

access area. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 


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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17685 

For the reasons discussed in the 

preamble, the Coast Guard is amending 

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 1.05–19(g), 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 § 165.T13–0187 to read as 

follows: 

§ 165.T13–0187 Safety Zone; Sellwood 

Bridge Construction, Willamette River, 

Portland, OR. 

(a) Safety Zone. The following area is 

a designated safety zone: 

(1) Location. This safety zone will 

cover all waters bank to bank of the 

Willamette River encompassed within a 

line drawn from 45° 27′57′′ N/122° 

40′04′′ W then east to 45° 27′57′′ N/122° 

39′51′′ W then south to 45° 27′47′′ N/

122° 39′44′′ W then west to 45° 27′47′′ 

N/122° 40′04′′ W then north to 45° 

27′57′′ N/122° 40′04′′ W. 

(2) Enforcement Period. This safety 

zone is in effect from March 19, 2015 

through June 10, 2015. The rule will be 

enforced while in effect based on 

construction activity and the presence 

of construction equipment that create a 

safety risk to mariners. Based on the 

current construction schedule, the rule 

will be enforced from March 19, 2015 to 

6:00 p.m. on April 2, 2015 and again 

starting at 7:00 a.m. on May 15, 2015 

through 6:00 p.m. on May 27, 2015. The 

Coast Guard will inform mariners of any 

change to these periods of enforcement 

via Broadcast Notice to Mariners and 

Local Notice to Mariners. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no person may enter or 

remain in the safety zone created in this 

section or bring, cause to be brought, or 

allow to remain in the safety zone 

created in this section any vehicle, 

vessel, or object unless authorized by 

the Captain of the Port or his designated 

representative. 

(c) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer 

may enforce the rules in this section. In 

the navigable waters of the United 

States to which this section applies, 

when immediate action is required and 

representatives of the Coast Guard are 

not present or are not present in 

sufficient force to provide effective 

enforcement of this section, any Federal 

Law Enforcement Officer or Oregon Law 

Enforcement Officer may enforce the 

rules contained in this section pursuant 

to 46 U.S.C. 70118. In addition, the 

Captain of the Port may be assisted by 

other federal, state, or local agencies in 

enforcing this section. 

Dated: March 19, 2015. 

D. J. Travers 

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

Port, Sector Columbia River. 

[FR Doc. 2015–07591 Filed 4–1–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0155] 

RIN 1625–AA00 

Safety Zone: Marina del Rey Fireworks 

Show, Santa Monica Bay; Marina del 

Rey, California 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing a temporary safety zone in 

Marina del Rey around the fireworks 

launch site located on the south jetty. 

This temporary safety zone is necessary 

to provide for the safety of the waterway 

users during the fireworks display that 

will take place in the vicinity of the 

Marina del Rey Main Channel. Entry 

into this temporary safety zone will be 

prohibited unless specifically 

authorized by the Captain of the Port, 

Los Angeles—Long Beach, or her 

designated representative. 

DATES: This rule is effective on April 10, 

2015 from 8:00 p.m. to 10:00 p.m. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0155]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email LCDR Brandon Link, 

Waterways Management, U.S. Coast 

Guard Sector Los Angeles—Long Beach; 

telephone (310) 521–3860, email 

Brandon.M.Link@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Barbara 

Hairston, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and 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 as it would be 

impracticable due to the short notice of 

the event. 

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 due to the short notice of the 

event. 

B. Basis and Purpose 

The legal basis for this rulemaking 

can be found in 33 CFR 1.05–1 which 

authorizes the Coast Guard to establish 

and define safety zones. The fireworks 

fallout zone will impede normal boating 

traffic in the Marina del Rey Main 

Channel. Due to the potentially 

hazardous conditions, this temporary 

safety zone is necessary to ensure the 

safety of all waterway users. 

C. Discussion of the Final Rule 

The U.S. Coast Guard is establishing 

a temporary safety zone on April 10, 

2015 encompassing all navigable waters 

from the surface to the sea floor within 

a 400 foot radius around the fireworks 

launch site on the south jetty in 

approximate position 33–57.742N 118– 

27.380W. This temporary safety zone 

will be enforced from 8:00 p.m. to 10:00 

p.m. During the enforcement period, 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within the designated area unless 

authorized by the Captain of the Port or 

her designated representative. Sector 

Los Angeles—Long Beach may be 

contacted on VHF–FM Channel 16 or 


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