Rule2022-00199
Regulated Navigation Area; NW Natural PGM Site, Willamette River, Portland OR
Primary source
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Published
January 11, 2022
Effective
February 10, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a regulated navigation area (RNA) at the NW Natural PGM Site on the Willamette River in Portland, OR. This action is necessary to preserve the integrity of an engineered sediment cap as part of an Oregon Department of Environmental Quality (DEQ) required remedial action. This regulation prohibits persons and vessels from activities in the RNA that could disturb or damage the engineered sediment cap 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 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Rules and Regulations]
[Pages 1354-1356]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00199]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0531]
RIN 1625-AA11
Regulated Navigation Area; NW Natural PGM Site, Willamette River,
Portland OR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) at the NW Natural PGM Site on the Willamette River in Portland,
OR. This action is necessary to preserve the integrity of an engineered
sediment cap as part of an Oregon Department of Environmental Quality
(DEQ) required remedial action. This regulation prohibits persons and
vessels from activities in the RNA that could disturb or damage the
engineered sediment cap unless authorized by the Captain of the Port
Sector Columbia River or a designated representative.
DATES: This rule is effective February 10, 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-
2020-0531 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Sean Morrison, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone 503-240-9319, email <a href="/cdn-cgi/l/email-protection#d692e7e5fb859b94fb9b858386b9a4a2bab7b8b281819b96a3a5b5b1f8bbbfba"><span class="__cf_email__" data-cfemail="266217150b756b640b6b7573764954524a47484271716b6653554541084b4f4a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PGM Portland Gas Manufacturing
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On October 19, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Regulated Navigation Area; NW Natural PGM
Site, Willamette River, Portland, OR'' (85 FR 66292). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this regulated navigation area (RNA). During the
comment period that ended November 18, 2020, we received 1 comment.
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 Coast Guard is establishing a
RNA to protect the engineered sediment cap located at the NW Natural
PGM Site on the Willamette River in Portland, OR. This sediment cap is
part of an Oregon Department of Environmental Quality (DEQ) required
remedial action. The engineered sediment cap is designed to be
compatible with normal vessel operations, but could be damaged by other
maritime activities including anchoring, dragging, dredging, grounding
of vessels, deployment of barge spuds, etc. Such damage could disrupt
the function or impact the effectiveness of the cap to contain the
underlying contaminated sediment and soil in these areas.
The purpose of this rulemaking is to prevent disruption of the
sediment cap which may result in hazardous conditions and harm to the
marine environment. As such, this RNA is necessary to help ensure the
sediment cap is protected and will do so by prohibiting maritime
activities that could disturb or damage it.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published October
19, 2020. The commenter expressed support in establishing this RNA to
protect the cap on sediment in the Willamette River, noting that if the
sediment were to increase in the Willimette River there is potential
for flooding and other negative effects on users of the waterway.
Accordingly, there are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
This rule establishes a RNA adjacent to the NW Natural PGM Site on
the Willamette River in Portland, OR encompassing all waters above the
sediment cap. The RNA prohibits activities which could disrupt or
damage the sendiment cap on the river bed such as anchoring, dragging,
dredging, trawling, or other related activities. The rule also
specifies that operators who wish to engage in dredging, spudding, and
vessel anchoring within the RNA must consult with Oregon DEQ and obtain
prior
[[Page 1355]]
approval from the COTP to prevent exposure of buried contamination and/
or damage to the engineered sediment cap.
Additionally, this rule allows vessels or persons engaged in
activities associated with remediation efforts in the NW Natural PGM
Site to engage in dredging and related activities, provided that the
COTP is given advance notice of those activities by Oregon DEQ.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process.
This regulatory action determination is based on the fact that the
RNA is limited in size and will not limit vessels from transiting or
using the waters covered, except for specified activities that may
damage the engineered sediment cap. Additionally, operators who wish to
engage in dredging, spudding, and vessel anchoring within the RNA must
consult with Oregon DEQ and obtain prior approval from the COTP to
prevent exposure of buried contamination and/or damage to the remedial
cap.
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
RNA may be small entities, for the reasons stated in section V.B 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 the
creation of a RNA that prohibits certain maritime activities to protect
an engineered sediment cap. 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.
[[Page 1356]]
0
2. Add Sec. 165.1343 to read as follows:
Sec. 165.1343 Regulated navigation area; NW Natural PGM Site,
Willamette River, Portland, OR.
(a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of the Willamette River adjacent to the NW
Natural Portland Gas Manufacturing (PGM) site, encompassed by a line
connecting the following points beginning at 45[deg]31'33.8'' N,
122[deg]40'11.6'' W; thence to 45[deg]31'33.9'' N, 122[deg]40'11.2'' W;
thence to 45[deg]31'32.7'' N, 122[deg]40'10.7'' W; thence to
45[deg]31'32.9'' N, 122[deg]40'09.4'' W; thence to 45[deg]31'32.2'' N,
122[deg]40'08.8'' W; thence to 45[deg]31'32.2'' N, 122[deg]40'07.9'' W;
thence to 45[deg]31'31.4'' N, 122[deg]40'07.6'' W; thence to
45[deg]31'30.9'' N, 122[deg]40'10.7'' W; and along the shoreline 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 12.2, 100 yards
south of the Steel Bridge.
(b) 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 dredging, spudding,
and vessel anchoring require advance consultation with the Oregon
Department of Environmental Quality and obtain prior approval from the
Coast Guard Captain of the Port Sector Columbia River (COTP) to prevent
exposure of buried contamination and/or damage to the remedial cap.
Contact Oregon DEQ at 503-229-5245, or alternatively, call 811 prior to
any sediment disturbance activity. Any work within 10 feet of the
seawall is prohibited unless there is advance consultation and approval
by the City of Portland, DEQ and the COTP. 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 regulations described in paragraph (b)(1) of this section
do not apply to vessels or persons engaged in activities associated
with remediation efforts in the NW Natural PGM Site, provided that the
COTP is given advance notice of those activities by Oregon DEQ.
(c) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP by email, at <a href="/cdn-cgi/l/email-protection#2d691c1e007e606f00607e787d425f59414c43497a7a606d585e4e4a03404441"><span class="__cf_email__" data-cfemail="1a5e2b29374957583757494f4a75686e767b747e4d4d575a6f69797d34777376">[email protected]</span></a>.
Dated: November 24, 2021.
M.W. Bouboulis,
RADM, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 2022-00199 Filed 1-10-22; 8:45 am]
BILLING CODE 9110-04-P
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