[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Rules and Regulations]
[Pages 51779-51783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24317]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-1232]
RIN 1625-AA01


Anchorages; New and Revised Anchorages in the Captain of the Port 
Portland, OR, Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a new anchorage, modifying 
existing anchorages, and revising the regulations governing anchorages 
in the Captain of the Port Portland, Oregon, area of responsibility. 
These changes are necessary to ensure that there are sufficient 
anchorage opportunities in that area, and to clarify the locations of 
those anchorage opportunities. In addition, the changes will help 
prevent conflicts with navigable channels and other uses of anchorage 
waters.

DATES: This rule is effective November 9, 2009.

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-2008-1232 and are available online by going to 
http://www.regulations.gov, inserting USCG-2008-1232 in the ``Keyword'' 
box, and clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30),

[[Page 51780]]

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 e-mail MST1 Jaime Sayers, Waterways Management Division, Coast 
Guard Sector Portland, telephone 503-240-9319, e-mail 
[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 May 26, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorages; New and Revised Anchorages in the Captain 
of the Port Portland, OR, Area of Responsibility'' in the Federal 
Register (74 FR 24718). We received one comment on the proposed rule. 
There were no requests made for a public hearing regarding this rule 
and none was held. No other documents have been published for this 
rulemaking.

Background and Purpose

    The establishment of a new anchorage, modification of existing 
anchorages, and revision of the regulations governing anchorages 
contained in this rule are necessary to ensure that there are 
sufficient anchorage opportunities in the Captain of the Port Portland, 
Oregon, area of responsibility, and ensure that the locations of those 
opportunities are clear. In addition, the changes will help prevent 
conflicts with navigable channels and other uses of anchorage waters. 
Currently, there are insufficient anchorage opportunities in the 
Captain of the Port Portland, Oregon, area of responsibility, and many 
of them conflict with navigable channels and other uses of the 
anchorage waters.

Discussion of Comments and Changes

    The one comment made about this proposed rule explained that the 
changes being made are the result of a collaborative effort of the 
members of the Lower Columbia Region Harbor Safety Committee and that 
the Columbia River Bar Pilots fully support the rule as written. No 
changes were made as a result of this comment.

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 establishment of a new anchorage, 
modification of existing anchorages, and revision of the regulations 
governing anchorages do not have any significant costs associated with 
them.

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. This rule would affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the Captain of the Port Portland, Oregon, area 
of responsibility. However, the establishment of a new anchorage, 
modification of existing anchorages, and revision of the regulations 
governing anchorages that result from this rule will have no economic 
impact on small entities because anchorages can still be transited and 
used for other maritime activities besides anchoring.

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 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 effect 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.

[[Page 51781]]

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'' 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 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 establishment of a 
new anchorage, modification of existing anchorages, and revision of 
regulations governing anchorages in the Captain of the Port Portland, 
Oregon, area of responsibility, which are categorically excluded under 
section 2.B.2 Figure 2-1, paragraph 34(f), of the Instruction. An 
environmental analysis checklist and categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
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. Revise Sec.  110.228 to read as follows:


Sec.  110.228  Columbia River, Oregon and Washington.

    (a) Anchorage grounds.--(1) Astoria North Anchorage. An area 
enclosed by a line beginning northeast of Astoria, Oregon, at latitude 
46[deg]12'00.79'' N, longitude 123[deg]49'55.40'' W; thence continuing 
easterly to latitude 46[deg]12'02.00'' N, longitude 123[deg]49'40.09'' 
W; thence continuing east-northeasterly to latitude 46[deg]13'14.85'' 
N, longitude 123[deg]46'27.89'' W; thence continuing south-
southeasterly to latitude 46[deg]13'00.56'' N, longitude 
123[deg]46'16.65'' W; thence continuing southwesterly to latitude 
46[deg]11'51.79'' N, longitude 123[deg]49'18.08'' W; thence continuing 
west-southwesterly to latitude 46[deg]11'46.27'' N, longitude 
123[deg]49'43.48'' W; thence continuing west-southwesterly to latitude 
46[deg]11'44.98'' N, longitude 123[deg]49'49.44'' W; thence continuing 
westerly to latitude 46[deg]11'44.32'' N, longitude 123[deg]49'58.88'' 
W; thence continuing northeasterly to the point of the beginning.
    (2) Astoria South Anchorage. An area enclosed by a point beginning 
east-northeast of Astoria, Oregon, at latitude 46[deg]11'46.95'' N, 
longitude 123[deg]49'13.04'' W; thence continuing northeasterly to 
latitude 46[deg]13'02.18'' N, longitude 123[deg]45'54.55'' W; thence 
continuing easterly to latitude 46[deg]13'05.90'' N, longitude 
123[deg]45'41.55'' W; thence continuing southeasterly to latitude 
46[deg]12'55.16'' N, longitude 123[deg]45'34.31'' W; thence continuing 
southwesterly to latitude 46[deg]12'24.32'' N, longitude 
123[deg]46'34.70'' W; thence continuing west-southwesterly to latitude 
46[deg]11'37.32'' N, longitude 123[deg]49'03.46'' W; thence continuing 
north-northwesterly to the point of the beginning.
    (3) Longview Anchorage. An area enclosed by a line beginning 
southeast of Longview, Washington, at latitude 46[deg]06'28.69'' N, 
longitude 122[deg]57'38.33'' W; thence continuing northwesterly to 
latitude 46[deg]06'41.71'' N, longitude 122[deg]58'01.25'' W; thence 
continuing westerly to latitude 46[deg]07'22.55'' N, longitude 
122[deg]59'00.81'' W; thence continuing westerly to latitude 
46[deg]07'36.21'' N, longitude 122[deg]59'19.29'' W; thence continuing 
southwesterly to latitude 46[deg]07''28.44' N, longitude 
122[deg]59'31.18'' W; thence continuing easterly to latitude 
46[deg]07'14.77'' N, longitude 122[deg]59'12.70'' W; thence continuing 
easterly to latitude 46[deg]06'42.01'' N, longitude 122[deg]58'28.41'' 
W; thence continuing northeasterly to latitude 46[deg]06'34.27'' N, 
longitude 122[deg]58'14.21'' W; thence continuing northeasterly to 
latitude 46[deg]06'32.19'' N, longitude 122[deg]58'08.77'' W; thence 
continuing northeasterly to latitude 46[deg]06'22.44'' N, longitude 
122[deg]57'43.27'' W; thence continuing northeasterly to the point of 
the beginning.
    (4) Kalama Anchorage. An area to be enclosed by a line beginning 
north-northwesterly of Sandy Island at latitude 46[deg]01'20.48'' N, 
longitude 122[deg]52'04.32'' W; thence continuing east-southeasterly to 
latitude 46[deg]00'57.73'' N, longitude 122[deg]51'35.14'' W; thence 
continuing east-southeasterly to latitude 46[deg]00'53.95'' N, 
longitude 122[deg]51'30.29'' W; thence continuing southeasterly to 
latitude 46[deg]00'35.10'' N, longitude 122[deg]51'15.37'' W; thence 
continuing south-southeasterly to latitude 45[deg]59'41.48'' N, 
longitude 122[deg]50'52.40'' W; thence continuing southwesterly to 
latitude 45[deg]59'38.65'' N, longitude 122[deg]51'05.97'' W; thence 
continuing north-northwesterly to latitude 46[deg]00'36.82'' N, 
longitude 122[deg]51'45.44'' W; thence continuing west-northwesterly to 
latitude 46[deg]01'24.38'' N, longitude 122[deg]52'21.20'' W; thence 
continuing northeasterly to the beginning.
    (5) Woodland Anchorage. An area enclosed by a line beginning 
northeast of Columbia City, Oregon, at latitude 45[deg]53'55.31'' N, 
longitude 122[deg]48'17.35'' W; thence continuing easterly to latitude 
45[deg]53'57.11'' N, longitude 122[deg]48'02.16'' W; thence continuing 
south-southeasterly to latitude 45[deg]53'21.16'' N, longitude 
122[deg]47'44.28''

[[Page 51782]]

W; thence continuing westerly to latitude 45[deg]53'20.16'' N, 
longitude 122[deg]48'02.37'' W; thence continuing northwesterly to 
latitude 45[deg]53'41.50'' N, longitude 12[deg]48'13.53'' W; thence 
continuing northerly to the point of beginning.
    (6) Henrici Bar Anchorage. An area enclosed by a line beginning 
west-southwesterly of Bachelor Slough, Washington, at latitude 
45[deg]47'24.68'' N, longitude 122[deg]46'49.14'' W; thence continuing 
east-southeasterly to latitude 45[deg]46'44.95'' N, longitude 
122[deg]46'13.23'' W, thence continuing southeasterly to latitude 
45[deg]46'25.67'' N, longitude 122[deg]46'00.54'' W; thence continuing 
south-southeasterly to latitude 45[deg]46'02.69'' N, longitude 
122[deg]45'50.32'' W; thence continuing southerly to latitude 
45[deg]45'43.66'' N, longitude 122[deg]45'45.33'' W; thence continuing 
southerly to latitude 45[deg]45'37.52'' N, longitude 122[deg]45'44.99'' 
W; thence continuing westerly to latitude 45[deg]45'37.29'' N, 
longitude 122[deg]45'53.06 W; thence continuing north-northwesterly to 
latitude 45[deg]46'15.94'' N, longitude 122[deg]46'10.25'' W; thence 
continuing west-northwesterly to latitude 45[deg]47'20.20'' N, 
longitude 122[deg]46'59.28'' W; thence continuing easterly to the point 
of beginning.
    (7) Lower Vancouver Anchorage. An area enclosed by a line beginning 
north-northeast of Reeder Point at latitude 45[deg]43'39.18'' N, 
longitude 122[deg]45'27.54'' W; thence continuing south-southwesterly 
to latitude 45[deg]41'26.95'' N, longitude 122[deg]46'13.83'' W; thence 
continuing southerly to latitude 45[deg]40'35.72'' N, longitude 
122[deg]46'09.98'' W; thence continuing south-southeasterly to latitude 
45[deg]40'23.95'' N, longitude 122[deg]46'04.26'' W; thence continuing 
west-southwesterly to latitude 45[deg]40'20.68'' N, longitude 
122[deg]46'16.07'' W; thence continuing northwesterly to latitude 
45[deg]40'32.85'' N, longitude 122[deg]46'21.98'' W; thence continuing 
north-northwesterly to latitude 45[deg]41'01.03'' N, longitude 
122[deg]46'26.85'' W; thence continuing northerly to latitude 
45[deg]41'29.07'' N, longitude 12[deg]46'26.15'' W; thence continuing 
north-northeasterly to latitude 45[deg]43'41.27'' N, longitude 
122[deg]45'39.87'' W; thence continuing easterly to the point of the 
beginning. The Vancouver lower anchorage will then resume slightly 
further upstream at an area north of Kelly point and will be enclosed 
by a line starting at latitude 45[deg]40'10.09'' N, longitude 
122[deg]45'57.53' W; thence continuing southeasterly to latitude 
45[deg]39'42.94'' N, longitude 122[deg]45'44.34'' W; thence continuing 
west-southwesterly to latitude 45[deg]39'40.07'' N, longitude 
122[deg]45'56.34'' W; thence continuing northwesterly to latitude 
45[deg]40'06.75'' N, longitude 122[deg]46'09.30'' W; thence continuing 
east-northeasterly to the point of the beginning.
    (8) Kelly Point Anchorage. An area enclosed by a line beginning 
northeast of Kelly Point, Oregon, at latitude 45[deg]39'10.32'' N, 
longitude 122[deg]45'36.45'' W; thence continuing east-southeasterly to 
latitude 45[deg]39'02.10'' N, longitude 122[deg]45'21.67'' W; thence 
continuing east-southeasterly to latitude 45[deg]38'59.15'' N, 
longitude 122[deg]45'16.38'' W; thence continuing southwesterly to 
latitude 45[deg]38'51.03'' N, longitude 122[deg]45'25.57'' W; thence 
continuing westerly to latitude 45[deg]38'51.54'' N, longitude 
122[deg]45'26.35'' W; thence continuing northwesterly to latitude 
45[deg]39'06.27'' N, longitude 122[deg]45'40.50'' W; thence continuing 
north-northeasterly to the beginning point.
    (9) Upper Vancouver Anchorage. An area enclosed by a line beginning 
north-northeast of Hayden Island at latitude 45[deg]38'43.44'' N, 
longitude 122[deg]44'39.50'' W; thence continuing northeasterly to 
45[deg]38'26.98'' N, longitude 122[deg]43'25.87'' W; thence continuing 
east-northeasterly to latitude 45[deg]38'17.31'' N, longitude 
122[deg]42'54.69'' W; thence continuing easterly to latitude 
45[deg]38'12.40'' N, longitude 122[deg]42'43.93'' W; thence continuing 
east-southeasterly to latitude 45[deg]37'40.53'' N, longitude 
122[deg]41'44.08'' W; thence south-southeasterly to latitude 
45[deg]37'36.11'' N, longitude 122[deg]41'48.86'' W; thence continuing 
west-southwesterly to latitude 45[deg]37'52.20'' N, longitude 
122[deg]42'19.50'' W; thence continuing west-southwesterly to latitude 
45[deg]38'10.75'' N, longitude 122[deg]43'08.89'' W; thence continuing 
southwesterly to latitude 45[deg]38'18.79'' N, longitude 
122[deg]43'44.83'' W; thence continuing westerly to latitude 
45[deg]38'41.37'' N, longitude 122[deg]44'40.44'' W; thence continuing 
northeasterly to the point of beginning.
    (10) Cottonwood Island Anchorage. An area enclosed by a line 
beginning west-southwest of Longview, WA at latitude 46[deg]05'56.88'' 
N, longitude 122[deg]56'53.19'' W; thence continuing easterly to 
latitude 46[deg]05'14.06'' N, longitude 122[deg]54'45.71'' W; thence 
continuing east-southeasterly to latitude 46[deg]04'57.12'' N, 
longitude 122[deg]54'12.41'' W; thence continuing southeasterly to 
latitude 46[deg]04'37.55'' N, longitude 122[deg]53'45.80'' W; thence 
continuing southeasterly to latitude 46[deg]04'13.72'' N, longitude 
122[deg]53'23.66'' W; thence continuing southeasterly to latitude 
46[deg]03'54.94'' N, longitude 122[deg]53'11.81'' W; thence continuing 
southerly to latitude 46[deg]03'34.96'' N, longitude 122[deg]53'03.17'' 
W; thence continuing westerly 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 northwesterly to latitude 46[deg]04'08.10'' N, longitude 
122[deg]53'38.70'' W; thence continuing 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 east-northeasterly to the point of the 
beginning.
    (b) Regulations.
    (1) All designated anchorages are intended for the primary use of 
deep-draft vessels over 200 feet in length.
    (2) If a vessel under 200 feet in length is anchored in a 
designated anchorage, the master or person in charge of the vessel 
shall:
    (i) Ensure that the vessel is anchored so as to minimize conflict 
with large, deep-draft vessels utilizing or seeking to utilize the 
anchorage; and
    (ii) Move the vessel out of the area if requested by the master of 
a large, deep-draft vessel seeking to enter or depart the area or if 
directed by the Captain of the Port.
    (3) Vessels desiring to anchor in designated anchorages shall 
contact the pilot office that manages that anchorage to request an 
appropriate position to anchor. Columbia River Bar Pilots manage 
Astoria North Anchorage and Astoria South Anchorage. Columbia River 
Pilots manage all designated anchorages upriver from Astoria.
    (4) No vessel may occupy a designated anchorage for more than 30 
consecutive days without permission from the Captain of the Port.
    (5) No vessel being laid-up or dismantled or undergoing major 
alterations or repairs may occupy a designated anchorage without 
permission from the Captain of the Port.
    (6) No vessel carrying a Cargo of Particular Hazard listed in Sec.  
126.10 of this chapter may occupy a designated anchorage without 
permission from the Captain of the Port.
    (7) No vessel in a condition such that it is likely to sink or 
otherwise become a hazard to the operation of other vessels shall 
occupy a designated anchorage except in an emergency and then only for 
such periods as may be authorized by the Captain of the Port.
    (8) Vessels anchoring in Astoria North Anchorage should avoid 
placing their anchor in the charted cable area.


[[Page 51783]]


    Dated: September 9, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E9-24317 Filed 10-7-09; 8:45 am]
BILLING CODE 4910-15-P