[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45768-45769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11454]



[[Page 45768]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0971]
RIN 1625-AA11


Regulated Navigation Area; NW Natural Gasco Sediment Site Field 
Pilot Study, Willamette River, Portland, Oregon

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
for certain waters of the Willamette River. This action is necessary to 
preserve the integrity of sampling ports at the NW Natural Gasco 
Sediments Site Project Area on these navigable waters near Portland, 
Oregon. This rule prohibits persons and vessels in the designated area 
from activities that could disturb or damage the sampling ports unless 
authorized by the Captain of the Port Sector Columbia River or a 
designated representative.

DATES: This rule is effective June 24, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0971 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 about this rule, 
call or email Lieutenant Carlie Gilligan, Sector Columbia River, U.S. 
Coast Guard; telephone 503-240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Columbia River
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 September 26, 2023, an organization notified the Coast Guard 
that it would be requesting a Regulated Navigation Area (RNA) at the NW 
Natural Gasco Sediments Site Project Area located in the Willamette 
River in Portland, Oregon. This would preserve the integrity of the In 
Situ Stabilization and Solidification (ISS) Field Pilot Study (FPS) 
post-construction sampling ports placed over the site as part of the 
U.S Environmental Protection Agency (EPA) Superfund cleanup action. The 
Captain of the Port Sector Columbia River (COTP) determined that a 
regulated navigation area would mitigate potential hazards at this 
site.
    In response, on March 24, 2024, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Regulated Navigation Area; NW 
Natural Gasco Sediment Site Field Pilot Study, Willamette River, 
Portland, Oregon (89 FR 20579). There we stated why we issued the NPRM 
and invited comments on our proposed regulatory action. During the 
comment period that ended April 24, 2024, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Columbia River (COTP) has 
determined that the potential for damage associated with the 
disturbance of the cap and testing ports could negatively impact the 
project. The purpose of this rule is to mitigate the risk of damage to 
the cap and installed testing ports.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
24, 2024. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a Regulated Navigation Area. The Regulated 
Navigation Area covers a 1,750 square foot area at river mile 6.5 on 
the Willamette River, Portland, OR. The duration of the zone is 
intended last in perpetuity or until the EPA and NW Natural agree to 
modify the footprint as part of a future final site remedy. No vessel 
or person is permitted to disturb (e.g., anchor, drag lines, trawling, 
motoring) the regulated navigation area without obtaining permission 
from the COTP or a designated representative. The regulatory text we 
are proposing appears at the end of this document.

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.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, location 
and typical utilization of the 1,750 square foot area.

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 
regulated navigation area 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

[[Page 45769]]

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 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 
regulated navigation area that will last in perpetuity and would 
prohibit any vessel or person to disturb (e.g., anchor, drag lines, 
trawling, motoring) the regulated navigation area, a 1,750 square foot 
area on the Willamette River. It is categorically excluded from further 
review under paragraph L60a 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 and 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.0971 to read as follows:


Sec.  165.0971  Regulated Navigation Area; NW Natural Gasco Sediments 
Site Field Pilot Study, Willamette River, Portland, OR.

    (a) Location. The following area is a regulated navigation area 
(RNA): All navigable waters of the Willamette River, from surface to 
bottom, adjacent to the NW Natural Portland Gas Manufacturing (PGM) 
site, encompassed by a line connecting the following points beginning 
at 45[deg]34'45.65'' N, 122[deg]45'21.73'' W; thence to 
45[deg]34'45.32'' N, 122[deg]45'22.00'' W; thence to 45[deg]34'45.39'' 
N, 122[deg]45'21.09'' W; thence to 45[deg]34'45.06'' N, 
122[deg]45'21.36'' W; and back to the beginning point. These 
coordinates are based on North American Datum 83 (NAD 83). 
Geographically this location starts on the west bank of the Willamette 
River at approximately river mile 6.5.
    (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 operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Columbia River (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. In addition to the general RNA regulations in 
Sec.  165.13, the following regulations apply to the RNA described in 
paragraph (a) of this section.
    (1) Sediment disturbance activities including anchoring, drag 
lines, trawling and motoring are prohibited to ensure the treated 
sediment surface and sampling ports are not disturbed. The sampling 
ports must remain intact and undisturbed to avoid impacting the EPA-
approved sampling. All vessels and persons are prohibited from 
anchoring, dredging, laying cable, dragging, seining, bottom fishing, 
conducting salvage operations, or any other activity which could 
potentially disturb the riverbed in the designated area. Vessels may 
otherwise transit or navigate within this area.
    (2) The prohibition described in paragraph (b)(1) of this section 
does not apply to vessels or persons engaged in activities associated 
with remediation efforts in the NW Natural Gasco Sediment Site, 
provided that the Coast Guard Captain of the Port Sector Columbia River 
(COTP) is given advance notice of those activities by the U.S. 
Environmental Protection Agency (EPA).
    (d) Contact information. If you observe violations of the 
regulations in this section, you may notify the COTP by email, at 
[email protected], or by phone, 503-240-9319.

    Dated: May 20, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2024-11454 Filed 5-23-24; 8:45 am]
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