
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]               
[Page 33997-33999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-5]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0504]
RIN 1625-AA00

 
Safety Zone; McNary-John Day Transmission Line Project, Columbia 
River, Hermiston, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Columbia River near Hermiston, Oregon for the 
installation of new power lines across the river. The safety zone is 
necessary to help ensure the safety of the workers as well as the 
maritime public and will do so by prohibiting all persons and vessels 
from entering or remaining in the safety zone unless authorized by the 
Captain of the Port or his designated representative.

DATES: Effective Date: This rule is effective in the CFR from June 16, 
2010 until 11:59 p.m. on October 31, 2011. This rule is effective with 
actual notice for purposes of enforcement beginning 10 a.m. on June 10, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0504 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0504 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 e-mail MST1 Jaime Sayers, Waterways Management, 
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

    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) 
because the publishing of an NPRM would be impracticable and contrary 
to public interest since immediate action is needed to ensure the 
public's safety during construction activity. Delaying the 
implementation of the safety zone would subject the public to the 
hazards associated with the reconstruction of the transmission towers. 
The danger posed by marine traffic on the Columbia River makes safety 
zone regulations necessary to provide for the safety of construction 
support vessels, spectator craft and other vessels transiting the event 
area. For the safety concerns noted, it is in the public interest to 
have these regulations in effect during construction. The Coast Guard 
will issue broadcast notice to mariners to advise vessel operators of 
navigational restrictions.
    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

    Wilson Construction Company (WCC) has been contracted to replace 12 
power lines that cross the Columbia River and reconstruct four 
transmission towers on the banks of the Columbia River near Hermiston, 
Oregon between June 10, 2010 and October 31, 2011. The company will be 
using a helicopter to string the new lines and replace the towers. Due 
to the inherent dangers associated with this type of work, a safety 
zone is necessary to help ensure the safety of the workers involved as 
well as the maritime public in general.

[[Page 33998]]

Discussion of Rule

    The safety zone created by this rule encompasses all waters of the 
Columbia River between two lines: The east line starting at the north 
bank at 45[deg] 56' 16.5'' N/119[deg] 19' 24'' W then across the river 
to the south bank at 45[deg] 55' 47'' N/119[deg] 19' 07'' W and the 
west line starting at the north bank at 45[deg] 56' 05'' N/119[deg] 19' 
48'' W and then across the river to the south bank at 45[deg] 55' 44'' 
N/119[deg] 19' 38'' W. Geographically this location is from the West 
bridge of I-82 east approximately 1,200 feet toward the McNary Dam.
    The safety zone will be in effect from 10 a.m. on June 10, 2010 
through 11:59 p.m. on October 31, 2011. All persons and vessels are 
prohibited from entering or remaining in the safety zone unless 
authorized by the Captain of the Port or his designated representative. 
Vessels will be allowed to transit through the safety zone during 
designated times throughout the duration as coordinated by the on-scene 
designated representative of the Captain of the Port.

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. The Coast Guard has made this finding 
based on the fact that the Captain of the Port and/or his designated 
representative will allow maritime traffic to transit through the 
safety zone when it is safe to do so.

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 zone created in this rule 
between June 10, 2010 and October 31, 2011. The safety zone will not 
have a significant economic impact on a substantial number of small 
entities, however, because the Captain of the Port and/or his 
designated representative will allow maritime traffic to transit 
through the safety zone when it is safe to do so.

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 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

[[Page 33999]]

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 temporary 
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.T13-149 to read as follows:


Sec.  165.T13-149  Safety Zone; McNary-John Day Transmission Line 
Project, Columbia River, Hermiston, OR

    (a) Location: The following is a safety zone: All waters of the 
Columbia River between two lines with the first line starting at the 
north bank at 45[deg] 56' 16.5'' N/119[deg] 19' 24'' W then across the 
river to the south bank at 45[deg] 55' 47'' N/119[deg] 19' 07'' W and 
the second line starting at the north bank at 45[deg] 56' 05'' N/
119[deg] 19' 48'' W and then across the river to the south bank at 
45[deg] 55' 44'' N/119[deg] 19' 38'' W. Geographically this location is 
from the West bridge of I-82 east approximately 1200 feet toward the 
McNary Dam.
    (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. Designated representatives are Coast Guard 
personnel authorized by the Captain of the Port to grant persons or 
vessels permission to enter or remain in the safety zone created by 
this section. See 33 CFR part 165, subpart C, for additional 
information and requirements.
    (c) Enforcement Period. The safety zone created in this section 
will be in effect from 10 a.m.. on June 10, 2010 through 11:59 p.m. on 
October 31, 2011.

    Dated: June 2, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-14468 Filed 6-15-10; 8:45 am]
BILLING CODE 9110-04-P

