
[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Rules and Regulations]               
[Page 35970-35973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn10-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0214]
RIN 1625-AA00

 
Safety Zone; North Jetty, Named the Barview Jetty, Tillamook Bay, 
OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 35971]]

SUMMARY: The Coast Guard is establishing a temporary safety zone 
surrounding the north jetty, named the Barview Jetty near Tillamook 
Bay, Oregon. The safety zone is necessary to help ensure the safety of 
work crews and the maritime public while the jetty is being repaired 
and will do so by prohibiting all persons and vessels from entering or 
remaining within 250 feet of the jetty unless specifically authorized 
by the Captain of the Port or his designated representative.

DATES: Effective Date: This rule is effective in the CFR from June 24, 
2010 until 11:59 p.m. on September 30, 2010. This rule is effective 
with actual notice for purposes of enforcement beginning 12:01 a.m. on 
June 15, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0214 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0214 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 rule, 
call or e-mail MST1 Jaime Sayers, Waterways Management Branch, Coast 
Guard Sector Portland; telephone 503-240-9319, e-mail 
Jaime.A.Sayers@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

    On April 28, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled ``Safety Zone; North Jetty, Named the Barview Jetty, 
Tillamook Bay, OR'' in the Federal Register (75 FR 22336). We received 
one comment on the proposed rule. There were no requests for a public 
meeting and none was held.
    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 need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    The north jetty, named the Barview Jetty, near Tillamook Bay, 
Oregon has deteriorated to the point that the United States Army Corps 
of Engineers has contracted Kiewit Corporation to repair the jetty. The 
repairs will begin on June 15, 2010 and will involve the use of a track 
mounted Manitowoc 18,000 lb crane with as much as 200 feet of boom. The 
crane will be used to move large granite boulders weighing 
approximately 20 to 50 tons each by lifting them up, circling them out 
over the waterway on either side of the north jetty, and placing them 
into the jetty.
    Due to the inherent dangers associated with such operations, the 
safety zone created by this rule is necessary to help ensure the safety 
of work crews and the maritime public while the jetty is being 
repaired. It will do so by prohibiting all persons and vessels from 
entering or remaining in the zone when work is being conducted on the 
jetty unless specifically authorized by the Captain of the Port or his 
designated representative.

Discussion of Comments and Changes

    The Coast Guard received one comment on this safety zone regarding 
the ability of surfers to use the ``rip adjacent to the jetty to get 
out to the breaking waves.'' The Coast Guard agrees the temporary 
safety zone will restrict access to the area, and we have made a change 
to the rule in light of this comment by adding language that the safety 
zone will be enforced when work is being conducted on the jetty, 
between the hours of 5:30 a.m. and 7:30 p.m. Monday through Saturday, 
unless otherwise required. The purpose of the safety zone is to protect 
the public from the dangers associated with the construction project 
and due to safety concerns the area may be closed to public access by 
the company working on the jetty. The public will be notified of the 
enforcement and suspension of enforcement of the safety zone by 
Broadcast Notice to Mariners in accordance with the procedures outlined 
in this regulation.

Discussion of Rule

    The safety zone created by this rule will cover all waters 
surrounding the Barview jetty within 250 feet starting at latitude 
45[deg]34'12'' N, longitude 123[deg]57'31'' W; thence heading offshore 
to latitude 45[deg]34'12'' N, longitude 123[deg]57'58'' W; thence 
across the tip of the jetty to latitude 45[deg]34'17.5'' N, longitude 
123[deg]57'58'' W; thence back inland to latitude 45[deg]34'15'' N, 
longitude 123[deg]57'31'' W. All persons and vessels will be prohibited 
from entering or remaining in the zone unless specifically authorized 
by the Captain of the Port or his designated representative.

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 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. Although this regulation restricts access 
to the safety zone, the effect of the rule will not be significant 
because: (i) The safety zone will only be in effect during the 3\1/2\ 
months repairs are being made to the north jetty, named the Barview 
Jetty; (ii) the zone is of limited size; and (iii) maritime traffic 
will be able to transit the zone with the permission of the Captain of 
the Port or his designated representative.

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 or operators of vessels wishing to 
transit the safety zone established by this rule. The rule will not 
have a significant economic impact on a substantial number of small 
entities, however, because the safety zone will only be in effect 
during the 3\1/2\ months repairs are being made to the north jetty, 
named the Barview Jetty, and maritime traffic will be able to transit 
the zone with the permission of

[[Page 35972]]

the Captain of the Port or his designated representative.

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 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.
    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 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 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 
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 a safety zone. 
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.

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 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.


0
2. Add Sec.  165.T13-137 to read as follows:


Sec.  165.T13-137  Safety Zone; North Jetty, Named the Barview Jetty, 
Tillamook Bay, OR.

    (a) Location. The following area is a safety zone: All waters 
within a 250 feet radius of the north jetty, named the Barview Jetty, 
near Tillamook Bay, Oregon starting at latitude 45[deg]34'12'' N, 
longitude 123[deg]57'31'' W; thence heading offshore to latitude 
45[deg]34'12'' N, longitude 123[deg]57'58'' W; thence across the tip of 
the jetty to latitude 45[deg]34'17.5'' N, longitude 123[deg]57'58'' W; 
thence back inland to latitude 45[deg] 34' 15'' N, longitude 
123[deg]57'31'' W.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23, no

[[Page 35973]]

person may enter or remain in the safety zone created in paragraph (a) 
of this section or bring, cause to be brought, or allow to remain in 
the safety zone created in paragraph (a) of this section any vehicle, 
vessel or object unless authorized by the Captain of the Port or his 
designated representative.
    (c) Enforcement. The safety zone will be enforced daily June 15, 
2010 through September 31, 2010 between the hours of 5:30 a.m. and 7:30 
p.m.
    (1) The Captain of the Port, Sector Portland, will notify the 
public of the enforcement and suspension of enforcement of the safety 
zone established by this section via any means that will provide as 
much notice as possible to the public. These means might include some 
or all of those listed in 33 CFR 165.7(a). The primary method of 
notification, however, will be through Broadcast Notice to Mariners and 
local Notice to Mariners.
    (d) Effective Period. The safety zone created in paragraph (a) of 
this section will be in effect from 12:01 a.m. June 15, 2010 until 
11:59 p.m. September 30, 2010 while work is being conducted on the 
jetty.

    Dated: June 11, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-15273 Filed 6-23-10; 8:45 am]
BILLING CODE 9110-04-P

