Rule2024-11454
Regulated Navigation Area; NW Natural Gasco Sediment Site Field Pilot Study, Willamette River, Portland, Oregon
Primary source
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Published
May 24, 2024
Effective
June 24, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 102 (Friday, May 24, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11454]
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#5300100104041e13060010147d1e1a1f"><span class="__cf_email__" data-cfemail="c794849590908a8792948480e98a8e8b">[email protected]</span></a>.
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
<a href="/cdn-cgi/l/email-protection#5d0e1e0f0a0a101d080e1e1a73101411"><span class="__cf_email__" data-cfemail="0754445550504a4752544440294a4e4b">[email protected]</span></a>, 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]
BILLING CODE 9110-04-P
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