[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]


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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.

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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