Safety Zone; I-5 Bridge Construction Project, Columbia River, Vancouver, WA |
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Topics: Interstate Highway System
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J.C. Smith
Department of Homeland Security
22 June 2020
[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Proposed Rules]
[Pages 37397-37399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13128]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0247]
RIN 1625-AA00
Safety Zone; I-5 Bridge Construction Project, Columbia River,
Vancouver, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Columbia River. This action is necessary
to provide for the safety of life on these navigable waters around the
Northbound Interstate Bridge at Columbia River Mile 106.5. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Sector
Columbia River or a designated representative. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 22, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0247 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Dixon Whitley,
Waterways Management Division, Marine Safety Unit Portland, U.S. Coast
Guard; telephone 503-240-9319, email msupdxwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On September 6, 2020, through September 26, 2020, the Oregon
Department of Transportation is scheduled replace bridge components at
the south end of the Northbound Interstate Bridge over the Columbia
River at River Mile 106.5. As a result, a large construction crane
barge blocking the navigable channel will be moving oversized equipment
and bridge parts overhead and across the waterway resulting in
potential hazards to the waterway and its users. The Captain of Port
Sector Columbia River has determined that the potential hazards
associated with the construction project would be a safety concern for
anyone within the designated area of the I-5 bridge construction
project.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the designated area of the I-5 bridge
construction project.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 12:01 on
September 6, 2020 through 11:59 p.m. on September 26, 2020. The safety
zone would cover all navigable waters of the Columbia River, directly
below the lifting span of the I-5 bridge from the Washington shoreline
to the edge of the lifting span (approx. 800 ft) and approximately 400
ft both east and west of the bridge. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
while the bridge construction is underway. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory
[[Page 37398]]
approaches that maximize net benefits. Executive Order 13771 directs
agencies to control regulatory costs through a budgeting process. This
NPRM has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget (OMB), and pursuant to OMB guidance
it is exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Columbia River during the bridge
construction project. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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. This proposed rule involves a safety
zone lasting 20 days that will prohibit vessel traffic to transit
underneath the lift span of the I-5 Bridge during bridge repair and
construction operations. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking
[[Page 37399]]
System of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T13-0247 to read as follows:
Sec. 165.T13-0247 Safety Zone[s]; Safety Zone; I-5 Bridge
Construction Project, Columbia River, Vancouver, WA.
(a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, surface to bottom, encompassed by a line
connecting the following points beginning at the shoreline at
45[deg]37'17.7'' N/122[deg]40'31.4'' W, southwest to 45[deg]37'12.1''
N/122[deg]40'35.0'' W, southeast to 45[deg]37'08.8'' N/
122[deg]40'22.1'' W, thence northeast to 45[deg]37'15.0'' N/
122[deg]40'18.3'' W, and along the shoreline back to the beginning
point.
(b) Definitions. As used in this section, designated representative
means any Coast commissioned, warrant, or petty officer who has been
authorized by the Captain of the Port Columbia River (COTP) to act on
his behalf, or a Federal, State, and local officer designated by or
assisting the Captain of the Port Columbia River in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) Vessel operators desiring to enter or operate with the safety
zone may contact the COTP's on-scene designated representative by
calling (503) 209-2468 or the Sector Columbia River Command Center on
Channel 16 VHF-FM. Those in the safety zone must comply with all lawful
orders or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This safety zone is in effect from 12:01 on
September 6, 2020 through 11:59 p.m. on September 26, 2020. It will be
subject to enforcement this entire period unless the Captain of the
Port, Columbia River determines it is no longer needed. The Coast Guard
will inform mariners of any change to this period of enforcement via
Broadcast Notice to Mariners.
Dated: May 12, 2020.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2020-13128 Filed 6-19-20; 8:45 am]
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