[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54371-54373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21458]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0201]
RIN 1625-AA00


Safety Zone; Columbia River Outfall Project, Columbia River, 
Vancouver, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the Columbia River. This action is 
necessary to provide for the safety of life on these navigable waters 
near Knapp, WA, at Columbia River Mile 95.8. This regulation prohibits 
persons and vessels from being in the safety zone unless authorized by 
the Captain of the Port Sector Columbia River or a designated 
representative.

DATES: This rule is effective from 12:01 a.m. on October 1, 2021 
through 11:59 p.m. on March 15, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0201 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Morrison, Waterways Management Division, Marine 
Safety Unit Portland, U.S. 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 18, 2020, the Discovery Clean Water Alliance notified 
the Coast Guard that it would begin construction on the Phase 5A 
Project: Columbia River Outfall and Effluent Pipeline from 12:01 a.m. 
on October 1, 2021 through 11:59 p.m. on March 15, 2022, to remove and 
replace existing pipeline. The construction project includes the 
removal and replacement of an existing navigation marker (3-pile 
dolphin), installation of a 48'' pipeline in the riverbed outside the 
navigation channel, and removal of an existing 30'' pipeline from the 
riverbed. The scope of work may include the need to construct temporary 
pile-supported work platforms, or dredge, to access shallow water 
areas. Lighted barges will be used in deeper water. The Captain of the 
Port Sector Columbia River (COTP) has determined that potential hazards 
associated with the construction project would be a safety concern for 
anyone within the designated area of the Columbia River Outfall and 
Effluent Pipeline construction project. In response, on August 28, 2021 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Columbia River Outfall Project, Columbia River, Vancouver, 
WA (86 FR 47611). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this safety zone. 
During the comment period that ended September 10, 2021 we received no 
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the Columbia 
River Outfall Projects.

[[Page 54372]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with construction project would be a 
safety concern for anyone within the designated area of the Columbia 
River Outfall Project. The purpose of this rule is to ensure safety of 
vessels and the navigable waters in the safety zone during the 
scheduled construction period.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 28, 2021. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from October 1, 2021, through 
March 15, 2022. The safety zone will cover all navigable waters of the 
Columbia River, surface to bottom, encompassed by a line connecting the 
following points beginning at the shoreline at 45[deg]43'57.0'' N, 
122[deg]45'21.0'' W, west to 45[deg]43'58.0'' N, 122[deg]45'33.0'' W, 
south to 45[deg]43'39.0'' N, 122[deg]45'35.0'' W, thence east to 
45[deg]43'39.0'' N, 122[deg]45'21'' W, and along the shoreline back to 
the beginning point. The duration of the zone is intended to ensure the 
safety of vessels and these navigable waters while the pipeline 
construction project is underway. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. A designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to act on his behalf, or a Federal, State, 
and local officer designated by or assisting the COTP in the 
enforcement of the safety zone. Vessel operators desiring to enter or 
operate with the safety zone would contact the COTP's on-scene 
designated representative by calling (503) 209-2468 or the Sector 
Columbia River Command Center on Channel 16 VHF-FM. Those in the safety 
zone would comply with all lawful orders or directions given to them by 
the COTP or the COTP's designated representative.

V. Regulatory Analyses

    We developed this 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on size, location, 
duration, and time-of-year of the safety zone. Vessel traffic would be 
able to safely transit around this safety zone which would impact a 
small designated area of the Columbia River during the construction 
project. Moreover, the Coast Guard would issue a Notice to Mariners 
about the zone, and the rule would allow 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will 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 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 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST

[[Page 54373]]

5090.1 (series), which guide the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have determined 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 rule involves a safety zone lasting 166 days 
that would prohibit vessel traffic to transit the area during 
construction operations. It is categorically excluded from further 
review under paragraph L60 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

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: 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, 
Revision No. 01.2.


0
2. Add Sec.  165.T13-0201 to read as follows:


Sec.  165.T13-0201  Safety Zones: Safety Zone; Columbia River Outfall 
and Effluent Pipeline Construction Project, Columbia River, Vancouver, 
WA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Columbia River, surface to bottom, encompassed by a line 
connecting the following points beginning at the shoreline at 
45[deg]43'57.0'' N/122[deg]45'21.0'' W, west to 45[deg]43'58.0'' N/
122[deg]45'33.0'' W, south to 45[deg]43'39.0'' N/122[deg]45'35.0'' W, 
thence east to 45[deg]43'39.0'' N/122[deg]45'21'' W, and along the 
shoreline back to the beginning point.
    (b) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port Sector Columbia River (COTP) 
to act on his behalf, or 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. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) Vessel operators desiring to enter or operate with the safety 
zone may contact the COTP's on-scene designated representative by 
calling (503) 209-2468 or the Sector Columbia River Command Center on 
Channel 16 VHF-FM. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced from 12:01 
a.m. on October 1, 2021, through 11:59 p.m.on March 15, 2022. It will 
be subject to enforcement this entire period unless the COTP or a 
designated representative determines it is no longer needed. The Coast 
Guard will inform mariners of any change to this period of enforcement 
via Notice to Mariners.

    Dated: September 28, 2021.
M.S. Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2021-21458 Filed 9-30-21; 8:45 am]
BILLING CODE 9110-04-P