[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Proposed Rules]
[Pages 34197-34200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14505]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2011-0348]
RIN 1625-AA01
Anchorage; Change to Cottonwood Island Anchorage, Columbia River,
Oregon and Washington
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to increase the size of the
Cottonwood Island Anchorage on the Columbia River. The change is
necessary to help ensure that there is sufficient space to accommodate
vessels needing to anchor at the anchorage and will do so by expanding
the area available for anchoring.
DATES: Comments and related material must be received by the Coast
Guard on or before July 13, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0348 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers, Waterways Management Branch,
Coast Guard Sector Columbia River; telephone
[[Page 34198]]
503-240-9319, e-mail [email protected]. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0348), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
click on the ``submit a comment'' box. In the ``Document Type'' drop
down menu select ``Proposed Rule'' and insert ``USCG-2011-0348'' in the
``Keyword'' box. Click ``Search'' and then click on the balloon shape
in the ``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8[frac12] by
11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0348'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Basis and Purpose
Based on current usage and forecasted growth in shipping on the
Columbia River, the Captain of the Port Columbia River believes that
the Cottonwood Island Anchorage's size is insufficient as currently
established. This rule would increase the size of the Cottonwood Island
Anchorage on the Columbia River to help ensure that there is sufficient
space to accommodate vessels needing to anchor at the anchorage.
Discussion of Proposed Rule
This proposed rule would extend the east side of the existing
Cottonwood Island Anchorage by approximately one mile. The new
anchorage would encompass all waters of the Columbia River enclosed by
a line beginning west-southwest of Longview, WA at latitude 46[deg] 05'
56.83'' N longitude 122[deg] 56' 53.22'' W; thence continuing easterly
to latitude 46[deg] 05' 14.02'' N longitude 122[deg] 54' 45.75'' W;
thence continuing east-southeasterly to latitude 46[deg] 04' 57.08'' N
longitude 122[deg] 54' 12.46'' W; thence continuing southeasterly to
latitude 46[deg] 04' 37.26'' N longitude 122[deg] 53' 45.50'' W; thence
continuing south-southeasterly to latitude 46[deg] 04' 13.70'' N
longitude 122[deg] 53' 23.72'' W; thence continuing south southeasterly
to latitude 46[deg] 03' 54.92'' N longitude 122[deg] 53' 11.88'' W;
thence continuing south-southeasterly to latitude 46[deg] 03' 34.95'' N
longitude 122[deg] 53' 03.24'' W; thence continuing south-southeasterly
to latitude 46[deg] 03' 11.60'' N longitude 122[deg] 52' 56.36'' W;
thence continuing southerly to latitude 46[deg] 02' 27.30'' N longitude
122[deg] 52' 52.05'' W; thence continuing westerly to latitude 46[deg]
02' 26.90'' N longitude 122[deg] 53' 00.47'' W; thence continuing
northerly to latitude 46[deg] 03' 00.78'' N longitude 122[deg] 53'
05.89'' W; thence continuing north-northwesterly to latitude 46[deg]
03' 32.06'' N longitude 122[deg] 53' 19.68'' W; thence continuing
north-northwesterly to latitude 46[deg] 03' 50.84'' N longitude
122[deg] 53' 27.81'' W; thence continuing north-northwesterly to
latitude 46[deg] 04' 08.10'' N longitude 122[deg] 53' 38.70'' W; thence
continuing north-northwesterly to latitude 46[deg] 04' 29.41'' N
longitude 122[deg] 53' 58.17'' W; thence continuing north-northwesterly
to latitude 46[deg] 04' 49.89'' N longitude 122[deg] 54' 21.57'' W;
thence continuing northwesterly to latitude 46[deg] 05' 06.95'' N
longitude 122[deg] 54' 50.65'' W; thence continuing northwesterly to
latitude 46[deg] 05' 49.77'' N longitude 122[deg] 56' 58.12'' W; thence
continuing north-northeasterly to the beginning point at latitude
46[deg] 05' 56.83'' N longitude 122[deg] 56' 53.22'' W.
The previously existing anchorage ends and the new extended portion
of the anchorage proceeds southerly from the points at latitude 46[deg]
03' 34.95'' N longitude 122[deg] 53' 03.24'' W and latitude 46[deg] 03'
32.06'' N and longitude 122[deg] 53' 19.68'' W.
Geographically this amendment would extend the current anchorage
from the east end of Cottonwood Island in the vicinity of the spoil
area to approximately the Kalama North dock and the previous site of
the Trojan plant.
This anchorage location was chosen because it is a central
anchorage for vessels coming both upriver and downriver. It would allow
vessels a safe place to stop in the event they can no longer transit
the river due to weather conditions or safety conditions. This area of
the river also has a naturally occurring deep water section that is
adjacent to the existing anchorage that allows for the safe anchoring
of deep draft vessels.
[[Page 34199]]
Regulatory Analyses
We developed this proposed 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.
Executive Order 12866 and Executive Order 13563
This proposed 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, 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 proposed rule is not significant because the
modification of an existing anchorage would not have any significant
costs or impacts on maritime activities associated with it.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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 or operators of vessels
wishing to anchor in or transit the anchorage established by this rule.
The rule would not have a significant economic impact on a substantial
number of small entities because vessels will still be able to use this
area of the river. As is the case under the existing regulation, small
vessels in the anchorage would be required to move while vessels are
entering and/or exiting the anchorage to ensure safety of the smaller
vessel. Vessels would be able to use the anchorage while deep draft
vessels are at anchor as long as they maintain a safe distance from the
vessels and do not pose a threat to the large vessel or their own
vessel.
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.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waterways Management Branch,
Coast Guard Sector Columbia River Oregon, telephone 503-240-9300. 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.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed 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 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
[[Page 34200]]
adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This proposed rule involves increasing
the size of an anchorage, which is categorically excluded, under Figure
2-1, paragraph 34(f) of the Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 110 Anchorage Grounds
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
2. Revise Sec. 110.228(a)(10) to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(10) Cottonwood Island Anchorage. An area enclosed by a line
beginning west-southwest of Longview, WA at latitude 46[deg] 05'
56.83'' N longitude 122[deg] 56' 53.22'' W; thence continuing easterly
to latitude 46[deg] 05' 14.02'' N longitude 122[deg] 54' 45.75'' W;
thence continuing east-southeasterly to latitude 46[deg] 04' 57.08'' N
longitude 122[deg] 54' 12.46'' W; thence continuing southeasterly to
latitude 46[deg] 04' 37.26'' N longitude 122[deg] 53' 45.50'' W; thence
continuing south-southeasterly to latitude 46[deg] 04' 13.70'' N
longitude 122[deg] 53' 23.72'' W; thence continuing south southeasterly
to latitude 46[deg] 03' 54.92'' N longitude 122[deg] 53' 11.88'' W;
thence continuing south-southeasterly to latitude 46[deg] 03' 34.95'' N
longitude 122[deg] 53' 03.24'' W; thence continuing south-southeasterly
to latitude 46[deg] 03' 11.60'' N longitude 122[deg] 52' 56.36'' W;
thence continuing southerly to latitude 46[deg] 02' 27.30'' N longitude
122[deg] 52' 52.05'' W; thence continuing westerly to latitude 46[deg]
02' 26.90'' N longitude 122[deg] 53' 00.47'' W; thence continuing
northerly to latitude 46[deg] 03' 00.78'' N longitude 122[deg] 53'
05.89'' W; thence continuing north-northwesterly to latitude 46[deg]
03' 32.06'' N longitude 122[deg] 53' 19.68'' W; thence continuing
north-northwesterly to latitude 46[deg] 03' 50.84'' N longitude
122[deg] 53' 27.81'' W; thence continuing north-northwesterly to
latitude 46[deg] 04' 08.10'' N longitude 122[deg] 53' 38.70'' W; thence
continuing north-northwesterly to latitude 46[deg] 04' 29.41'' N
longitude 122[deg] 53' 58.17'' W; thence continuing north-northwesterly
to latitude 46[deg] 04' 49.89'' N longitude 122[deg] 54' 21.57'' W;
thence continuing northwesterly to latitude 46[deg] 05' 06.95'' N
longitude 122[deg] 54' 50.65'' W; thence continuing northwesterly to
latitude 46[deg] 05' 49.77'' N longitude 122[deg] 56' 58.12'' W; thence
continuing north-northeasterly to the beginning point at latitude
46[deg] 05' 56.83'' N longitude 122[deg] 56' 53.22'' W.
* * * * *
Dated: May 11, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2011-14505 Filed 6-10-11; 8:45 am]
BILLING CODE 9110-04-P