Unknown. Temporary final rule
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/register/2015/04/02/2015-07591·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2015-04-02.xml --- 80 63 Thursday, April 2, 2015 Contents Agriculture Agriculture Department See Office of Advocacy and Outreach NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: SuperTracker Information Collection for Registration, Login, and Food Intake and Physical Activity Assessment Information, 17714-17715 2015-07592 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: 3D PDF Consortium, Inc., 17783 2015-07529 ASTM International Standards, 17784-17785 2015-07527 High Density Packaging User Group International, Inc., 17785 2015-07528 INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, 17786-17787 2015-07525 Petroleum Environmental Research Forum Project No. 2013-07, Stream Speciation Update, 17786 2015-07526 THE OPEN GROUP, LLC, 17786 2015-07524 Armed Armed Forces Retirement Home NOTICES Environmental Impact Statements;
Availability, etc.: Master Development Plan for Armed Forces Retirement Home in Washington, DC, 17715-17716 2015-07621 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Renewals: Advisory Council for the Elimination of Tuberculosis, 17764-17765 2015-07541 Meetings: Advisory Committee to the Director, 17763 2015-07543 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 17760 2015-07544 2015-07545 Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 17762-17763 2015-07542 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17763-17764 2015-07322 Children Children and Families Administration PROPOSED RULES Adoption and Foster Care Analysis and Reporting System, 17713 2015-07574 NOTICES Privacy Act; Systems of Records, 17894-17916 2015-07440 Coast Guard Coast Guard RULES Safety Zones: Marina del Rey Fireworks Show, Santa Monica Bay; Marina del Rey, California, 17685-17687 2015-07594 Sellwood Bridge Construction, Willamette River, Portland, OR, 17683-17685 2015-07591 Tesoro Terminal Protest, Port of Long Beach Harbor, Pacific Ocean, CA, 17687-17689 2015-07595 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department See Engineers Corps See Navy Department NOTICES Arms Sales, 17733-17735 2015-07515 Charter Amendments:
Medicare-Eligible Retiree Health Care Board of Actuaries, 17732-17733 2015-07508 Meetings: Africa Partnership Forum Day, 17729 2015-07575 National Security Education Board, 17731-17732 2015-07516 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 17735-17736 2015-07648 Economic Development Economic Development Administration NOTICES Determinations of Eligibility; Petitions: Trade Adjustment Assistance, 17725 2015-07570 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Historically Black Colleges and Universities Program and Student Aid and Fiscal Responsibility Act Program, 17736-17737 2015-07550 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ex-Offenders—Adult Reporting System, 17787-17788 2015-07576 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Energy Conservation Standards for Pumps, 17826-17892 2015-06947 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: East Rockaway Inlet to Rockaway Inlet and Jamaica Bay Reformulation Study, 17729-17731 2015-07580 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 17689-17692 2015-07349 Virginia;
State Boards Requirements; Infrastructure Requirements for the 2008 Lead and Ozone and 2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards, 17692-17696 2015-07372 National Oil and Hazardous Substances Pollution Contingency Plan; Amendments for Public Notices for Specific Superfund Activities, 17703-17706 2015-07474 Pesticide Tolerances: Difenoconazole, 17697-17703 2015-07354 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Virginia; State Boards Requirements; Infrastructure Requirements for the 2008 Lead and Ozone and 2010 Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards, 17712-17713 2015-07371 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting and Recordkeeping Requirements under EPA's Natural Gas STAR Program, 17742-17743 2015-07630 Meetings: Ozone Transport Commission, 17742 2015-07637 Requests for Nominations: EPA's Clean Air Scientific Advisory Committee, 17743-17744 2015-07634 Farm Credit Farm Credit Administration NOTICES Meetings;
Sunshine Act, 17744-17745 2015-07682 Federal Communications Federal Communications Commission NOTICES Media Bureau Seeks Comments for Report Required under the STELA Reauthorization Act of 2014, 17745-17748 2015-07561 Radio Broadcasting Services: AM or FM Proposals To Change The Community of License, 17745 2015-07563 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: El Dorado Irrigation District, 17737-17738 2015-07538 Combined Filings, 17738, 17740-17742 2015-07530 2015-07531 2015-07532 Environmental Assessments;
Availability, etc.: Transcontinental Gas Pipe Line Company, LLC; Garden State Expansion Project, 17738-17740 2015-07536 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: McCoy Solar, LLC, 17740 2015-07533 Investigations: California Independent System Operator Corp.; Intervention Due Date, 17742 2015-07537 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 17748 2015-07487 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers;
Exemption Applications: National Ready Mixed Concrete Association; Final Disposition, 17819-17821 2015-07567 Parts and Accessories Necessary for Safe Operation; Exemptions: Greyhound Lines, Inc., 17818-17819 2015-07636 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 17749 2015-07556 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17748 2015-07557 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17749-17757 2015-07552 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Northern Long-eared Bat; Threatened Species Status, 17974-18033 2015-07069 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: North American Woodcock Singing Ground Survey, 17774-17775 2015-07553 Endangered and Threatened Wildlife and Plants Permit Applications, 17775-17777 2015-07548 Meetings: Advisory Council on Wildlife Trafficking, 17777-17779 2015-07546 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: New Animal Drugs for Investigational Uses, 17758-17760 2015-07539 Guidance: Abuse-Deterrent Opioids -- Evaluation and Labeling, 17765 2015-07562 Meetings: Biomedical Engineering Society and FDA Frontiers in Medical Devices -- Innovations in Modeling and Simulation; Public Conferences, 17757-17758 2015-07551 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 17823-17824 2015-07635 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Test Tools and Test Procedures Approved by the National Coordinator for the ONC HIT Certification Program, 17764 2015-07572 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17760-17761 2015-07577 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Community Development Block Grant Disaster Recover Funds, etc.: Clarifying Guidance, Waivers, and Alternative Requirements for Grantees, 17772-17774 2015-07622 Privacy Act; Systems of Records, 17766-17772 2015-07610 2015-07613 Indian Affairs Indian Affairs Bureau NOTICES Liquor Control Statutes:
Little Traverse Bay Bands of Odawa Indians, 17779-17783 2015-07614 Industry Industry and Security Bureau NOTICES Denials of Export Privileges: Brian Keith Bishop, 17725-17726 2015-07638 Erik Antonio Perez-Bazan, 17722-17723 2015-07642 Ivon Castaneda, 17718-17719 2015-07641 Precision Image Corp., 17716-17717 2015-07640 Ronald Alexander Dobek, 17724-17725 2015-07643 X-TREME Motors, LLC, et al., 17726-17728 2015-07569 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau Internal Revenue Internal Revenue Service NOTICES Funding Availability:
Community Volunteer Income Tax Assistance Matching Grant Program, 17822-17823 2015-07589 Tax Counseling for the Elderly Program; Application Packages, 17824 2015-07588 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Honey from the People's Republic of China, 17717-17718 2015-07599 Seamless Refined Copper Pipe and Tube from Mexico, 17722 2015-07598 Wooden Bedroom Furniture from the People's Republic of China, 17719-17721 2015-07601 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: 2015 Police Public Contact Survey, 17784 2015-07555 FBI National Academy -- United States Holocaust Memorial's Law Enforcement and Society Questionnaire, 17785-17786 2015-07554 Labor Department Labor Department See Employment and Training Administration National Archives National Archives and Records Administration NOTICES Records Schedules, 17788-17789 2015-07512 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Let's Move! Museums and Gardens program, 17790-17791 2015-07611 Museums for All program, 17789-17790 2015-07579 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Prior Approval Submission System, 17761-17762 2015-07623 Draft National Pain Strategy, 17757 2015-07626 Meetings: National Institute Of Mental Health, 17758 2015-07507 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Marine Debris Program Performance Progress Report, 17728-17729 2015-07547 Permit Amendment Applications: Marine Mammals, 17721-17722 2015-07493 Navy Navy Department NOTICES Records of Decision: Surveillance Towed Array Sensor System Low Frequency Active Sonar, 17732 2015-07549 Advocacy Outreach Office of Advocacy and Outreach NOTICES Meetings: Advisory Committee on Beginning Farmers and Ranchers, 17714 2015-07418 Patent Patent and Trademark Office RULES International Registration of Industrial Designs;
Hague Agreement Implementation, 17918-17971 2015-06397 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Clarification on Policy for Additional Name Requests Regarding Fireworks, 17706-17707 2015-07425 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Cesar Chavez Day (Proc. 9243), 18071-18074 2015-07783 Education and Sharing Day, U.S.A. (Proc. 9244), 18075-18076 2015-07784 EXECUTIVE ORDERS Defense and National Security: Cyber-Enabled Activities;
Blocking Property of Persons Engaging in Significant Malicious (EO 13694), 18077-18079 2015-07788 ADMINISTRATIVE ORDERS South Sudan; Continuation of National Emergency (Notice of March 31, 2015), 18081 2015-07786 Securities Securities and Exchange Commission PROPOSED RULES Exemption for Certain Exchange Members, 18036-18070 2015-07293 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 17791-17795 2015-07519 BATS Y-Exchange, Inc., 17812-17816 2015-07520 EDGA Exchange, Inc., 17797-17801 2015-07521 EDGX Exchange, Inc., 17804-17807 2015-07522 National Stock Exchange, Inc., 17801-17803 2015-07518 NYSE Arca, Inc., 17795-17797 2015-07517 The Options Clearing Corp., 17808-17812 2015-07523 Suspension of Trading Orders:
Earth Dragon Resources, Inc., 17803 2015-07674 Urban AG Corp., 17807-17808 2015-07672 Small Business Small Business Administration PROPOSED RULES Small Business Development Center Program; Revisions, 17708-17712 2015-06854 NOTICES Disaster Declarations: New Hampshire, 17816-17817 2015-07583 Exemptions: GMB Mezzanine Capital II, L.P., 17816 2015-07582 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17817-17818 2015-07514 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
CSX Transportation, Inc., Raleigh County, WV, 17822 2015-07573 Discontinuance of Service Exemptions: Illinois Central Railroad Co. in Sangamon and Montgomery Counties, Il, 17821 2015-07558 Transportation Department Transportation Department See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Certificates of Authority; Applications: Jet Aviation Flight Services, Inc., 17821-17822 2015-07564 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Application for Family Unity Benefits, 17765-17766 2015-07506 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Veterans' Rural Health Advisory Committee, 17824 2015-07509 Separate Parts In This Issue Part II Energy Department, 17826-17892 2015-06947 Part III Health and Human Services Department, Children and Families Administration, 17894-17916 2015-07440 Part IV Commerce Department, Patent and Trademark Office, 17918-17971 2015-06397 Part V Interior Department, Fish and Wildlife Service, 17974-18033 2015-07069 Part VI Securities and Exchange Commission, 18036-18070 2015-07293 Part VII Presidential Documents, 18071-18079, 18081 2015-07783 2015-07784 2015-07788 2015-07786 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 80 63 Thursday, April 2, 2015 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0187] RIN 1625-AA00 Safety Zone; Sellwood Bridge Construction, Willamette River, Portland, OR AGENCY:
Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a safety zone in Portland, OR. This safety zone is necessary to ensure the safety of the maritime public and construction crews during construction of the Sellwood Bridge by prohibiting unauthorized persons and vessels from entering the regulated area unless authorized by the Sector Columbia River Captain of the Port or his designated representatives. DATES: This rule is effective without actual notice from April 2, 2015 until June 10, 2015.
For the purposes of enforcement, actual notice will be used from the date the rule was signed, March 19, 2015, through April 2, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0187]. 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 Mr. Ken Lawrenson, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email *msupdxwwm@uscg.mil.* If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone
(202)366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register TFR Temporary Final Rule A. Regulatory History and 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)with respect to this rule because to do so would be impracticable. Based on the date on which notice of construction was given, a notice and comment period could not be held before the need for the safety zone restrictions, which will go into effect March 19, 2015. 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 the work will commence and vessel movements in this area need to be restricted during the period of construction, which commences immediately. B. Basis and Purpose Coast Guard Captains of the Port are granted authority to establish safety zones in 33 CFR 1.05-1(f) for safety and environmental purposes as described in 33 CFR part 165. The construction of bridges creates hazardous conditions for both the maritime public and the construction crews because of crane barges positioned within the temporary navigation channel of the river, anchor lines protruding outward from the barges, falling debris, and the suspension of heavy loads over the waterway. A safety zone is necessary to restrict vessel movement and reduce traffic going under the bridge during these critical lifts to ensure the safety of the maritime public and construction crews. C. Discussion of the Rule The rule establishes a Safety Zone in the Thirteenth Coast Guard District. The safety zone created by this rule will cover all waters bank to bank of the Willamette River encompassed within chart 18528 starting at a line drawn from 45°27′57″ N/122°40′04″ W then east to 45°27′57″ N/122°39′51″ W then south to 45°27′47″ N/122°39′44″ W then west to 45°27′47″ N/122°40′04″ W then north to 45°27′57″N/122°40′04″ W. The rule will be enforced while construction is underway. Construction is currently scheduled to take place from March 19, 2015 through 6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on May 15, 2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will notify mariners of any changes to the construction schedule and enforcement of this safety zone via a Broadcast Notice to Mariners and Local Notice to Mariners. This rule has been enforced with actual notice since March 19, 2015. D. Regulatory Analyses We developed this rule after considering numerous statutes and 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. The Coast Guard has made this determination based on the fact that the safety zone created by this rule is small in size, and vessels may still transit through the area at a reduced speed of five miles per hour. 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. 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. The safety zone will not have a significant economic impact on a substantial number of small entities because vessels may still be able to transit a one hundred thirty eight foot span of the temporary navigation channel at the center of the river at a reduced speed when deemed safe by the Captain of the Port or his designated representative. The Coast Guard has contacted one commercial boat operator to inform them of the safety zone and discuss the potential impact of the safety zone on operations. The operator indicated that impacts on business would be minimal. Additionally, the Coast Guard ensured the construction contractor contacted the affected small business entities most likely to be impacted. 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 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 is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This rule involves the establishment of a limited access area. 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, 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 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-19(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T13-0187 to read as follows: § 165.T13-0187 Safety Zone; Sellwood Bridge Construction, Willamette River, Portland, OR.
(a)*Safety Zone.* The following area is a designated safety zone:
(1)*Location.* This safety zone will cover all waters bank to bank of the Willamette River encompassed within a line drawn from 45° 27′57″ N/122° 40′04″ W then east to 45° 27′57″ N/122° 39′51″ W then south to 45° 27′47″ N/122° 39′44″ W then west to 45° 27′47″ N/122° 40′04″ W then north to 45° 27′57″ N/122° 40′04″ W.
(2)*Enforcement Period.* This safety zone is in effect from March 19, 2015 through June 10, 2015. The rule will be enforced while in effect based on construction activity and the presence of construction equipment that create a safety risk to mariners. Based on the current construction schedule, the rule will be enforced from March 19, 2015 to 6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on May 15, 2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will inform mariners of any change to these periods of enforcement via Broadcast Notice to Mariners and Local Notice to Mariners.
(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.
(c)*Enforcement.* Any Coast Guard commissioned, warrant, or petty officer may enforce the rules in this section. In the navigable waters of the United States to which this section applies, when immediate action is required and representatives of the Coast Guard are not present or are not present in sufficient force to provide effective enforcement of this section, any Federal Law Enforcement Officer or Oregon Law Enforcement Officer may enforce the rules contained in this section pursuant to 46 U.S.C. 70118. In addition, the Captain of the Port may be assisted by other federal, state, or local agencies in enforcing this section. Dated: March 19, 2015. D. J. Travers Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River. [FR Doc. 2015-07591 Filed 4-1-15; 8:45 am]
Connectionstraces to 12
Traces to 12 documents
U.S. Code
register
9 references not yet in our index
- 33 CFR 165
- 5 USC 601-612
- Pub. L. 104-121
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- 33 USC 1231
- 33 CFR 1.05-19(g)
- Pub. L. 107-295
Citation graph
cites case law
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Temporary final rule
Cite33 CFR 165
Cite5 USC 601-612
Pub. L.Pub. L. 104-121
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