[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Pages 19544-19546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7784]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0254]
RIN 1625-AA11
Regulated Navigation Area, Zidell Waterfront Property, Willamette
River, OR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) at the Zidell Waterfront Property located on the Willamette River
in Portland, Oregon. This RNA is necessary to preserve the integrity of
an engineered sediment cap as part of an Oregon Department of
Environmental Quality (DEQ) required remedial action. This RNA will
prohibit activities that could disturb or damage the engineered
sediment cap.
DATES: This rule is effective May 2, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0254 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0254 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, 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 BM1 Silvestre Suga III, Waterways Management Division,
Coast Guard Sector Columbia River, telephone 503-240-9319, email
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 8, 2011, we published a notice of proposed rulemaking
(NPRM) titled Regulated Navigation Area, Zidell Waterfront Property,
Willamette River, OR, in the Federal Register (76 FR 48070). We
received no comments on the proposed rule. There were no requests made
for a public meeting regarding this rule and none were held. No other
documents have been published for this rulemaking.
Basis and Purpose
The Zidell Waterfront Property is placing an engineered sediment
cap over contaminated sediments adjacent to the west bank of the
Willamette River between approximate river miles 13.5 and 14.2 as part
of an Oregon Department of Environmental Quality (DEQ) required
remedial action. Geographically this location starts at approximately
the west bank of the Marquam Bridge and continues southerly, along the
west bank of the Willamette River to the North end of Ross Island.
The engineered sediment cap is designed to be compatible with
normal port operations, but could be damaged by other maritime
activities including anchoring, dragging, dredging, grounding of large
vessels, deployment of barge spuds, etc. Such damage could disrupt the
function or impact the effectiveness of the cap to contain the
underlying contaminated sediment and shoreline soil in these areas. As
such,
[[Page 19545]]
this RNA will help ensure the cap is protected and will do so by
prohibiting certain maritime activities that could disturb or damage
it.
The engineered sediment cap will also reduce the depth of the water
close to the west bank of the Willamette River and, as a result, may
limit some vessels from using that area of the river.
Background
The location of the engineered sediment cap was previously used for
industrial activities related to shipbuilding and dismantling, scrap
metal operations, wire burning, aluminum smelting, and housing
construction. It was determined that the site soils and sediments
contain contaminants, including metals, petroleum hydrocarbons and
associated polycyclic aromatic hydrocarbons, polychlorinated biphenyls,
and tributyltin, which present unacceptable levels of risk to human and
ecological receptors. Following extensive analysis, the engineered
sediment cap was deemed appropriate by the Oregon DEQ because the
engineered sediment cap will protect human and ecological receptors
from exposure to contamination, and the establishment of this RNA
prevents activities that could result in an unacceptable threat to
public health and the environment.
Discussion of Comments and Changes
The Coast Guard received no comments during the comment period such
that no changes have been made to the rule.
Regulatory Analyses
We developed this 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.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, 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 modification of the existing
anchorage does not have any significant costs.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities: The owners or operators of vessels operating in the area
covered by the RNA. The RNA will not have a significant economic impact
on a substantial number of small entities, however, because the RNA is
limited in size and will not limit vessels from transiting or using the
waters covered, except for activities that may damage the engineered
sediment cap. 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), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
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.
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.
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.
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.
Energy Effects
We have analyzed this 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''
[[Page 19546]]
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 adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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, under figure 2-1, paragraph 34 (g) of
the instruction. 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 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(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.1337 to read as follows:
Sec. 165.1337 Regulated Navigation Area, Zidell Waterfront Property,
Willamette River, OR.
(a) Regulated Navigation Area. The following area is a regulated
navigation area: All waters within the area bounded by the following
points: 45[deg]29'55.12'' N/122[deg]40'2.19'' W; thence continuing to
45[deg]29'55.14'' N/122[deg]39'59.36'' W; thence continuing to
45[deg]29'56.30'' N/122[deg]39 59.09'' W; thence continuing to
45[deg]29'57.51'' N/122[deg]39'59.64'' W; thence continuing to
45[deg]29'58.72'' N/122[deg]39'59.64'' W; thence continuing to
45[deg]30'0.52'' N/122[deg]39'59.94'' W; thence continuing to
45[deg]30'1.95'' N/122[deg]40'0.46'' W; thence continuing to
45[deg]30'3.44'' N/122[deg]40'0.78'' W; thence continuing to 45[deg]30'
4.87'' N/122[deg]40' 0.95'' W; thence continuing to 45[deg]30'7.33'' N/
122[deg]40'1.80'' W; thence continuing to 45[deg]30'8.11'' N/
122[deg]40'2.69'' W; thence continuing to 45[deg]30'8.83'' N/
122[deg]40'3.81'' W; thence continuing to 45[deg]30'13.06'' N/
122[deg]40'5.39'' W; thence continuing to 45[deg]30'15.30'' N/
122[deg]40'6.93'' W; thence continuing to 45[deg]30'17.78'' N/
122[deg]40'8.16'' W; thence continuing to 45[deg]30'20.53'' N/
122[deg]40'9.07'' W; thence continuing to 45[deg]30'20.90'' N/
122[deg]40'11.52'' W; thence continuing to 45[deg]30'24.04'' N/
122[deg]40'12.53'' W; thence continuing to 45[deg]30'23.79'' N/
122[deg]40'14.87'' W; thence continuing along the shoreline to
45[deg]29'55.12'' N/122[deg]40'2.19'' W. Geographically the regulated
navigation area covers all waters adjacent to the Zidell Waterfront
Property on the Willamette River extending from the west bank of the
river out 200 to 400 feet into the river depending on the exact
location between approximate river mile 14.2 near the Ross Island
Bridge and approximate river mile 13.5 near the Marquam Bridge.
(b) Regulations. All vessels are prohibited from anchoring,
dragging, dredging, or trawling in the regulated navigation area
established by this section. See 33 CFR part 165, subpart B, for
additional information and requirements.
Dated: December 30, 2011.
K.A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-7784 Filed 3-30-12; 8:45 am]
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