[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89644-89646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28652]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[USCG-2023-0749]
RIN 1625-AA01


Establish Anchorage Ground; Port Westward Anchorage, Columbia 
River, Oregon and Washington

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering establishing an anchorage 
ground near Port Westward, Oregon in the Columbia River. We are 
considering this action after receiving requests suggesting that this 
anchorage ground is necessary to provide for the safe anchoring of 
commercial vessels in the navigable waters of the Lower Columbia River. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 26, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0749 using the Federal Decision-Making 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 LT Carlie Gilligan, Sector Columbia 
River Waterways Management Division, U.S. Coast Guard, 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, Purpose, and Legal Basis

    Under Title 33 of the Code of Federal Regulations (CFR) 109.05, 
U.S. Coast Guard District Commanders are delegated the authority to 
establish anchorage grounds by the Commandant of the U.S. Coast Guard. 
The Coast Guard establishes anchorage grounds under Section 7 of the 
Act of March 4, 1915, as amended (38 Stat. 1053; 46 U.S.C. 70006) and 
places these regulations in Title 33 CFR part 110, subpart B. The Coast 
Guard is proposing the rulemaking to establish a Port Westward 
anchorage ground in the Columbia River.
    In the last several years, the Columbia River Marine Transportation 
System has seen an increase in commercial traffic and vessel size, thus 
creating a concern for anchorage capacity within the river system. The 
Columbia River Steamship Operators Association and the Columbia River 
Pilots have formally requested the Coast Guard review and evaluate the 
establishment of this new anchorage ground to address the safety and 
navigation concerns with the expanding vessel traffic in the Lower 
Columbia River.
    The purpose of this rulemaking is to establish a Federal anchorage 
ground in the Lower Columbia River that would be maintained and used by 
commercial vessels. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a new anchorage ground in 
the vicinity of Port Westward, in the Lower Columbia River. The 
anticipated users of the proposed anchorage ground are commercial 
vessels and their attending tug, tow, or push boats. The approximate 
depth of this proposed anchorage ground would be 43 feet to align with 
the Federal channel depth and would accommodate a variety of vessel 
types and configurations. An illustration showing the location of the 
proposed anchorage ground is available in the docket.
    When the Columbia River Federal channel was deepened in 2010, the 
size and draft of commercial vessels was increased, but the anchorage 
capacity within the river system was not. The vessels transiting in the 
Columbia River system now are longer and have deeper drafts than before 
the channel was deepened. Having larger vessels, and increased transit 
frequency causes concern for safe navigation and emergency situations 
with limited anchorage capacity. The proposed Port

[[Page 89645]]

Westward anchorage ground would double the anchorage capacity in 
Longview, WA, for larger vessels, and allow the pilots to spread out 
distances between ships during storms or high wind events. The 
increased anchorage capacity in the Columbia River would also alleviate 
concern for anchorage availability for vessels experiencing emergencies 
or needing a harbor of safe refuge. The regulatory text we are 
proposing appears at the end of this document.

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.

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 NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the location and 
size of the proposed anchorage ground, as well as the vessel traffic 
and anchoring data provided by the Coast Guard Navigation Center. The 
regulation would ensure approximately 0.336 square miles of anchorage 
grounds are designated to provide necessary commercial deep draft 
anchorages and enhance the navigational safety of commercial vessels 
transiting to, from, and within the Columbia River. The impact on 
routine navigation is expected to be minimal because the proposed 
anchorage ground is located outside the Federal channel and is 
consistent with current anchorage habits. When not occupied, vessels 
would be able to maneuver in, around, and through the anchorages.

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 use the 
anchorage ground may be mall entities, for reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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. 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 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 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 
establishing an anchorage ground, Port Westward Anchorage, in an area 
traditionally used by commercial ships for anchoring in the Lower 
Columbia River system; and increasing the anchorage capacity of the 
river system. Normally such actions are categorically excluded from 
further review under paragraph L59(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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

[[Page 89646]]

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0749 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision 
No. 01.3.

0
2. Add Sec.  110.228 (a)(14) to subpart B to read as follows:


Sec.  110.228  Columbia River, Oregon and Washington.

    (a) * * *
    (14) Port Westward Anchorage. All waters in the vicinity of Port 
Westward, Oregon, bound by a line connecting the following points:

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                      Latitude                             Longitude
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46[deg]10'16.80''...................................  123[deg]12'58.80''
46[deg]10'48.60''...................................  123[deg]11'25.20''
46[deg]10'43.20''...................................  123[deg]11'21.60''
46[deg]09'59.40''...................................  123[deg]12'46.80''
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    Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2023-28652 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P