Rule2021-21552
Safety Zone; CBWTP Outfall Diffuser Improvements, Columbia River, Portland, OR
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2021
Effective
November 1, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Columbia River. This action is necessary to provide for the safety of life on these navigable waters near Portland, OR, at Columbia River Mile 105.6 during construction from November 1, 2021 through February 28, 2022. 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.
Full Text
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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54622-54624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21552]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0647]
RIN 1625-AA00
Safety Zone; CBWTP Outfall Diffuser Improvements, Columbia River,
Portland, OR
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Columbia River. This action is necessary to
provide for the safety of life on these navigable waters near Portland,
OR, at Columbia River Mile 105.6 during construction from November 1,
2021 through February 28, 2022. 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 November 1, 2021,
through 11:59 p.m. on February 28, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0647 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
<a href="/cdn-cgi/l/email-protection#195d282a344a545b34544a4c49766b6d7578777d4e4e54596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="afeb9e9c82fce2ed82e2fcfaffc0dddbc3cec1cbf8f8e2efdadcccc881c2c6c3">[email protected]</span></a>.
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 July 20, 2021, Ballard Marine Construction notified the Coast
Guard that it would begin construction on the CBWTP Outfall Diffuser
Improvements Project from 12:01 a.m. on October 1, 2021, through 11:59
p.m. on February 28, 2022, to remove and replace existing pipeline. On
September 27, 2021, Ballard Marine Construction updated the start date
to November 1, 2021. Work includes dredging and dive operations at
Columbia River Mile 105.6. In response, on August 23, 2021, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety
Zone; CBWTP Outfall Diffuser Improvements, Columbia River, Portland,
OR'' (86 FR 47044). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this construction
project. During the comment period that ended September 7, 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 CBWTP
Outfall Diffuser Improvements Project.
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 Captain of the Port Columbia
River (COTP) has determined that potential hazards associated with the
construction project will be a safety concern for anyone within the
designated area of the CBWTP Outfall Diffuser Improvements. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone during the scheduled construction period.
[[Page 54623]]
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 22, 2021. The only changes in the regulatory text of this rule
from the proposed rule in the NPRM are the clarifying additions of
referencing the coordinates as being based on 1984 World Geodetic
System (WGS 84) and the insertion of the abbreviation ``COTP'' after
``Captain of the Port Sector Columbia River'' in the definition of
``designated representative.'' In addition, the Coast Guard received
notification on September 27, 2021, that the city of Portland is
delaying the start date of the project. The safety zone will now begin
on November 1, 2021, instead of October 1, 2021 as originally published
in the NPRM.
This rule establishes a safety zone from 12:01 a.m. on November 1,
2021, through 11:59 p.m. on February 28, 2022. The safety zone will
cover all navigable waters of the Columbia River, surface to bottom,
approximately 300 yards to the east and west side of the Burlington
Northern Railroad Bridge on the Oregon side of the Columbia River from
the shoreline to the outside of the main navigational channel;
specifically beginning at the shoreline at 45[deg]37'26.2'' N,
122[deg]41'46.91'' W, northeast to 45[deg]37'33.206'' N,
122[deg]41'37.699'' W, southeast to 45[deg]37'23.4'' N,
122[deg]41'18.1'' W, thence southwest to 45[deg]37'16.27'' N,
122[deg]41'30.75'' 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 construction project is
underway. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters during the construction period. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a 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 the size,
location, duration, and time-of-year 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 Columbia River during the
construction project. Moreover, the Coast Guard will issue a Notice to
Mariners about the zone, and the rule will 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 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 150 days that will prohibit
[[Page 54624]]
vessel traffic to transit the area during construction operations. It
is categorically excluded from further review under paragraph L60(a) 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0647 to read as follows:
Sec. 165.T13-0647 Safety Zones: Safety Zone; CBWTP Outfall Diffuser
Improvements, Columbia River, Portland, OR.
(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]37'26.2'' N, 122[deg]41'46.91'' W, northeast to
45[deg]37'33.206'' N, 122[deg]41'37.699'' W, southeast to
45[deg]37'23.4'' N, 122[deg]41'18.1'' W, thence southwest to
45[deg]37'16.27'' N, 122[deg]41'30.75'' W, and along the shoreline back
to the beginning point. These coordinates are based on the 1984 World
Geodetic System (WGS 84).
(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. (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) To seek permission to enter, contact the COTP or the COTP's
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 safety zone is in effect from 12:01
a.m. on November 1, 2021, through 11:59 p.m. on February 28, 2022. It
will be subject to enforcement this entire period unless the Captain of
the Port Columbia River determines it is no longer needed, in which
case the Coast Guard will inform mariners via Notice to Mariners.
Dated: September 27, 2021.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2021-21552 Filed 10-1-21; 8:45 am]
BILLING CODE 9110-04-P
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