[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Proposed Rules]
[Pages 22405-22407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10329]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0325]
RIN 1625-AA00
Safety Zone; NW Natural PGM Site, Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Willamette River. This action is
necessary to provide for the safety of life on these navigable waters
while Oregon Department of Environmental Quality oversees the
construction of an engineered sediment cap and other remedial
environmental actions. This proposed rulemaking would prohibit persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port Columbia River or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 7, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0325 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Dixon Whitley, Waterways
Management Division, Marine Safety Unit Portland, Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PGM Portland Gas Manufacturing
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Oregon Department of Environmental Quality is overseeing the
construction of an engineered sediment cap over contaminated sediments
adjacent to the west bank of the Willamette River at approximate river
mile 12.2 at the NW Natural Portland Gas Manufacturing (PGM) site.
Geographically this location starts on the west bank of the Willamette
River along the seawall approximately 100 yards south of the Steel
Bridge. The construction of the engineered sediment cap and other
remedial actions are scheduled to occur from July 8, 2019, through
October 31, 2019.
The purpose of this rulemaking is to ensure the safety of
personnel, vessels and the marine environment in the navigable waters
within the construction area. The Captain of the Port Columbia River
(COTP) has determined that potential hazards associated with the
construction of the engineered sediment cap and other remedial actions,
will be a safety concern for anyone within a designated area
surrounding the construction vessels and machinery. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from July 8, 2019,
through October 31, 2019. If the construction of the engineered
sediment cap and remedial actions are completed before October 31,
2019, the COTP will issue general permission to enter the zone and a
separate rule to terminate the effective period of the rule. The safety
zone would cover all navigable waters adjacent to the NW Natural PGM
site on the west bank of the Willamette River, surrounding the
construction vessels and machinery. The construction area will be
surrounded by a perimeter boom. Specific coordinates are listed in the
regulatory text at the bottom of this document. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. If we issue a
final rule in this rulemaking, because of the closeness of the start of
construction, we may need to make it effective less than 30 days after
publication in the Federal Register. If we do that, we would explain
our good cause for doing so in the final rule, as required by 5 U.S.C.
553(d)(3).
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size, location
and duration of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which will impact a small designated
area of the Willamette River in Portland, OR for less than 4 months.
Moreover, the Coast Guard will publish information regarding the safety
zone in the Local Notice to Mariners and the rule allows vessels to
seek permission to enter the zone.
B. 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 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
[[Page 22406]]
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.
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. 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 person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone surrounding the
vessels and machinery during the construction of an engineered sediment
cap and other remedial actions. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T13-0325 to read as follows:
Sec. 165. T13-0325 Safety Zone; NW Natural PGM Site, Willamette
River, Portland, OR
(a) Location. The following area is designated as a safety zone:
All navigable waters of the Willamette River adjacent to the NW Natural
PGM site on the west bank of the river, surrounding the construction
vessels and machinery, encompassed by a line connecting these points:
45[deg]31'36'' N, 122[deg]40'12.84'' W; 45[deg]31'36.36'' N,
122[deg]40'11.64'' W; 45[deg]31'32.58'' N, 122[deg]40'6.9'' W;
45[deg]31'31.68'' N, 122[deg]40'6.78'' W; thence along the shoreline to
45[deg]31'28.62'' N, 122[deg]40'10.14'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer
[[Page 22407]]
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Sector Columbia
River in the enforcement of the safety zone.
(c) Regulations. Under the general safety zone regulations in
subpart C of this part, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative.
(d) Enforcement. This section is effective from July 8, 2019,
through October 31, 2019. It will be subject to enforcement this entire
period unless the COTP, Columbia River determines it is no longer
needed. The Coast Guard will inform mariners of any change to this
period of when the safety zone will be subject to enforcement via
Broadcast Notice to Mariners.
Dated: May 13, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2019-10329 Filed 5-16-19; 8:45 am]
BILLING CODE 9110-04-P