
[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Rules and Regulations]
[Pages 4331-4333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01139]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1097]
RIN 1625-AA00


Safety Zone; Sellwood Bridge Move; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing of a temporary safety zone 
around the Sellwood Bridge, located on the Willamette River in 
Portland, Oregon, while it is being relocated 66 feet downriver as part 
of the new Sellwood Bridge construction project. This action is 
necessary to ensure the safety of persons and vessels transiting the 
Willamette River in the vicinity of the Sellwood Bridge as it is being 
moved. This safety zone will also allow full maneuverability for 
construction operations in this area during the bridge movement 
operation. The safety zone will be effective for two days, but will 
only be enforced as long as is necessary to complete the bridge 
movement.

DATES: This rule is effective from 12:01 a.m. on January 19, 2013 to 
11:59 p.m. on January 20, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1097]. 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 Ensign Ian P. McPhillips, Waterways Management Division, 
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email D13-SG-M-MSUPORTLANDWWM@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: 

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 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 as 
the Coast Guard received a late notification of the event. The reason 
for the late notification was that the date of the bridge move could be 
set only after an exact date of the completion of the two structures 
was established. Additionally, because of the complexity of moving the 
bridge in one piece to new abutments and piers, the construction team 
could not reschedule the move.
    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 to do otherwise would be 
impracticable as the Coast Guard received a notification of the event 
one month prior to it. The bridge construction contractor was 
constrained by the completion of the temporary structures and the 
availability of the subcontractor conducting the actual bridge move, so 
the date of the move could not be established any earlier.

B. Basis and Purpose

    The Sellwood Bridge Move is part of the Sellwood Bridge Project to 
replace the existing 86-year-old bridge that is structurally inadequate 
and functionally obsolete. The project includes moving the bridge 66 
feet north and building two temporary structures. A safety zone is 
needed to help ensure the safety of persons and vessels transiting the 
area from any overhead hazards created during the bridge move.

C. Discussion of the Final Rule

    This rule establishes a safety zone that covers the waters of the 
Willamette River, extending 100 feet upriver and 160 feet downriver of 
the Sellwood Bridge and to the east and west shorelines. This safety 
zone prohibits all vessel traffic for the duration of the bridge move 
with the exception of emergency vessels. A passage through the safety 
zone for commercial vessels may be requested with a four-hour advance 
notice through the Captain of the Port by contacting the Sector 
Columbia River Command Center at (503) 861-6211, or the Patrol 
Commander on VHF Channel 23.
    This safety zone encompasses an existing safety zone along the east 
and west shorelines of the Sellwood Bridge (See Sellwood Bridge 
Project, Docket No. USCG-2012-0131), which was established for the 
entire duration of the construction of the new bridge, expected to be 
completed in July 2015. This safety zone will be effective on January 
19 and 20, 2013. We note that upon the expiration of this safety zone, 
the Sellwood Bridge Project safety zone will continue to remain in 
place.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and

[[Page 4332]]

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. Although the safety zone 
would apply to the entire width of the river, the effect of this rule 
will not be significant because: (i) The safety zone is limited in 
size; (ii) traffic would be allowed to pass through the zone with the 
permission of the Captain of the Port; (iii) all river users in the 
area have been notified of the date and time of the temporary closure; 
and (iv) before the activation of the zone, the Coast Guard will issue 
maritime advisories widely available to users in the river.

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. Although the safety zone would apply to the entire 
width of the river, this rule will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (i) The safety zone is limited in size; (ii) traffic would be 
allowed to pass through the zone with the permission of the Captain of 
the Port; (iii) all known river users in the area have been notified of 
the date and time of the temporary closure; and (iv) before enforcing 
the zone, the Coast Guard will issue maritime advisories widely 
available to users in the river.

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 an 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 involves the establishment of a temporary safety

[[Page 4333]]

zone around the Sellwood Bridge on the Willamette River in Portland, 
OR. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 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, Waterways.

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

0
2. Add Sec.  165.T13-238 to read as follows:


Sec.  165.T13.238  Safety Zone; Sellwood Bridge Move; Willamette River, 
Portland, OR.

    (a) Location. The following area is a safety zone: All waters of 
the Willamette River around the Sellwood bridge in Portland, OR bounded 
by a line beginning at the west shoreline north of the Sellwood bridge 
at 45[deg]27'54'' N, 122[deg]40'01'' W; thence to the east at 
45[deg]27'54'' N, 122[deg]39'52'' W; thence to the east shoreline south 
of the Sellwood bridge at 45[deg]27'52'' N, 122[deg]39'49'' W; thence 
to the west at 45[deg]27'52'' N, 122[deg]40'01'' W; thence north along 
the west shoreline to the point of origin.
    (b) Enforcement Periods. The Coast Guard Sector Columbia River 
Captain of the Port will cause notice of the enforcement of this safety 
zone to be made by all appropriate means to effect the widest publicity 
among the affected segments of the public as practicable, in accordance 
with 33 CFR 165.7. Such means of notification may include, but are not 
limited to, Broadcast Notices to Mariners or Local Notices to Mariners. 
The Sector Columbia River Captain of the Port will issue a Broadcast 
Notice to Mariners and Local Notice to Mariners notifying the public 
when enforcement of the safety zone is suspended. Upon notice of 
enforcement by the Sector Columbia River Captain of the Port, the Coast 
Guard will enforce the safety zone in accordance with rules set out in 
this section. Upon notice of suspension of enforcement by the Sector 
Columbia River Captain of the Port, all persons and vessels are 
authorized to enter, transit, and exit the safety zone, consistent with 
the Navigation Rules.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may enter or remain in 
this zone unless authorized by the Captain of the Port or his 
designated representatives. To request transit through this zone 
contact the Sector Columbia River Command Center at (503) 861-6211, or 
the Patrol Commander on VHF Channel 23.

    Dated: January 7, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013-01139 Filed 1-18-13; 8:45 am]
BILLING CODE 9110-04-P


