[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 9110-04-P