[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50914-50916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20345]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the existing Cottonwood Island
anchorage and establishing a new designated anchorage. The change is
necessary to ensure that there are sufficient anchorage grounds on the
Columbia River.
DATES: This rule is effective September 24, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0348 and are available online
by going to http://www.regulations.gov, type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder
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 ENS Ian McPhillips, Waterways Management Division, Coast
Guard MSU Portland; 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On June 13, 2011, the Coast Guard published an NPRM proposing to
increase the size of the Cottonwood Island Anchorage on the Columbia
River (76 FR 34197). On May 23, 2012, the Coast Guard published a
Supplemental NPRM revising that proposal in response to public comments
(77 FR 30440). During the 30-day comment period on the Supplemental
NPRM, the Coast Guard received eight comments on the proposed action.
Seven of the comments were from various maritime stakeholders in the
Lower Columbia River Basin and one of the comments was from the Mayor
of the City of Prescott.
B. Basis and Purpose
The Secretary of Homeland Security has delegated to the Coast Guard
the authority to establish and regulate anchorage grounds in accordance
with 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05-1;
and Department of Homeland Security Delegation No. 0170.1. As currently
established, the Coast Guard Captain of the Port Columbia River
believes the size of the Cottonwood Island Anchorage is insufficient
based on both the current demand for anchorage grounds and the
forecasted growth of vessel traffic on the Columbia River. Sufficient
anchorage area, both in number and size, is especially important in
this area because of the unpredictable hazardous conditions of the
Columbia River Bar, which at times prevents vessels from safely
navigating downriver. This rule increases the size of the current
Cottonwood Island Anchorage and creates a new anchorage on the Columbia
River.
C. Discussion of Comments, Changes, and the Final Rule
The Coast Guard received eight comments during the 30-day comment
period on the Supplemental NPRM.
[[Page 50915]]
Seven of the comments received were from maritime industry stakeholders
in support of the action. The eighth comment, submitted on behalf of
the City of Prescott, stated that the city was satisfied with the
regulatory action. That comment also referenced emergency anchoring
situations in areas outside the anchorages established by this rule.
This rule does not affect waters not designated as anchorages and,
consequently, the ability of vessels to anchor in these areas outside
the channel remains as it was before this rulemaking. Likewise, the
Captain of the Port continues to possess the same authority to direct
vessels to anchor under 33 CFR 160.111(c). However, the Coast Guard
believes that the City's concerns over noise, vessel exhaust, and
visual impact in emergency anchoring situations will be addressed by
anchoring standards of care being developed in the Lower Columbia River
Region Harbor Safety Plan and applied by the Columbia River Pilots
under 33 CFR 110.228(b)(3).
After considering all comments submitted, the Coast Guard made no
changes to the rule proposed in the Supplemental NPRM.
D. Regulatory Analyses
The Coast Guard developed this rule after considering numerous
statutes and executive orders related to rulemaking. Below, we
summarize our analyses based on these statutes or 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 that Order. Modifying the existing
anchorage and establishing a new anchorage area will not have any
significant costs or impacts on maritime activities.
2. 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 rule. 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 might be small entities: The owners
or operators of vessels operating in and around the anchorage areas
established by this rule and the City of Prescott. This rule will not
have a significant economic impact on vessel owners and operators
because the anchorage area is outside the channel and will not,
therefore, affect vessel traffic patterns. This rule will not have a
significant economic impact on the City of Prescott because the
anchorages established by the rule are upriver and downriver of the
city limits and because vessels anchoring at the anchorage will have
little or no economic activity with the City of Prescott or its
residents.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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.
4. 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).
5. 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.
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 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.
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
We have analyzed this rule under Executive Order 13211, Actions
[[Page 50916]]
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.
13. 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.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(f), of the Instruction. This rule involves the extension of one
anchorage and the establishment of another. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
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.
0
2. Amend Sec. 110.228 by revising paragraph (a)(10) and adding
paragraph (a)(11) to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(10) Cottonwood Island Anchorage. The waters of the Columbia River
bounded by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
46[deg]05'56.88'' N 122[deg]56'53.19'' W
46[deg]05'14.06'' N 122[deg]54'45.71'' W
46[deg]04'57.12'' N 122[deg]54'12.41'' W
46[deg]04'37.55'' N 122[deg]53'45.80'' W
46[deg]04'13.72'' N 122[deg]53'23.66'' W
46[deg]03'54.94'' N 122[deg]53'11.81'' W
46[deg]03'34.96'' N 122[deg]53'03.17'' W
46[deg]03'11.61'' N 122[deg]52'56.29'' W
46[deg]03'10.94'' N 122[deg]53'10.55'' W
46[deg]03'32.06'' N 122[deg]53'19.69'' W
46[deg]03'50.84'' N 122[deg]53'27.81'' W
46[deg]04'08.10'' N 122[deg]53'38.70'' W
46[deg]04'29.41'' N 122[deg]53'58.17'' W
46[deg]04'49.89'' N 122[deg]54'21.57'' W
46[deg]05'06.95'' N 122[deg]54'50.65'' W
46[deg]05'49.77'' N 122[deg]56'58.12'' W
------------------------------------------------------------------------
(11) Prescott Anchorage. The waters of the Columbia River bounded
by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
46[deg]02'47.01'' N 122[deg]52'53.90'' W
46[deg]02'26.32'' N 122[deg]52'51.89'' W
46[deg]02'25.92'' N 122[deg]53'00.38'' W
46[deg]02'46.54'' N 122[deg]53'03.87'' W
------------------------------------------------------------------------
* * * * *
Dated: August 1, 2012.
K.A. Taylor,
Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2012-20345 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P