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
29 September 2020
[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60911-60913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21614]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0606]
RIN 1625-AA00
Safety Zone; I-5 Bridge Construction Project, Columbia River,
Vancouver, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 I-5 Interstate Bridge at Columbia River Mile 106.5. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Columbia River.
DATES: This rule is effective with actual notice from 12:01 a.m. on
September 27, 2020, through September 29, 2020. It is effective without
actual notice from September 29, 2020 through 11:59 p.m. on October 12,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0247 in the ``SEARCH'' box and click ``SEARCH.'' To view the Click
on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
The Oregon Department of Transportation notified the Coast Guard
that they will be replacing bridge components at the south end of the
Northbound I-5 Interstate Bridge over the Columbia River at River Mile
106.5 beginning September 6, 2020, through September 26, 2020. In
response, on June 22, 2020, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; I-5 Bridge Construction
Project, Columbia River, Vancouver, WA (85 FR 37397). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this construction project. During the comment period
that ended July 22, 2020, we did not receive any relevant comments. On
September 24, 2020, the Oregon Department of Transportation notified
the Coast Guard that the work was not finished, and will not be
completed until October 12, 2020. In response, the Coast Guard is
publishing this Temporary final rule to further establish the temporary
safety zone until all work is complete.
The Coast Guard is issuing this temporary 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 the Oregon Department of
Transportation did not submit notice to the Coast Guard with sufficient
time to publish an NPRM before the previous safety zone expires and the
public is exposed to the dangers associated with this bridge
construction work. Delaying the effective date of this rule to wait for
a comment period to run would be impracticable and contrary to the
public interest by inhibiting the Coast Guard's ability to protect
mariners and vessels from the hazards associated with this bridge
construction work.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). 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
[[Page 60912]]
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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no relevant comments on our NPRM
published June 22, 2020. This TFR is substantially the same to the one
published in conjunction with that TFR (Docket No. USCG-2020-0247,)
just with different effective dates.
This rule establishes a safety zone from 12:01 a.m. on September
27, 2020, through 11:59 p.m. on October 12, 2020. The safety zone will
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.
V. Regulatory Analyses
We developed this 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 approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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
only 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
safety 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule's predecessor 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
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. That rule involved enforcing a safety zone for 20 days
that prohibits vessel traffic from transiting underneath the lift span
of the I-5 Bridge during bridge repair and construction operations. It
was, and by extension this TFR is, 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 Record of
[[Page 60913]]
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
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.
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
amending 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 within 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 section is in effect from 12:01 a.m.
on September 27, 2020, through 11:59 p.m. on October 12, 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: September 24, 2020.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2020-21614 Filed 9-28-20; 8:45 am]
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