[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]


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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: Final rule.

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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:

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              Latitude                            Longitude
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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
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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
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* * * * *

    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