Rule2024-28311
Establish Anchorage Ground; Port Westward Anchorage, Columbia River, Oregon and Washington
Primary source
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Published
December 4, 2024
Effective
January 3, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing an anchorage ground near Port Westward, Oregon on the Columbia River. The purpose of this rule is to improve safety of navigation by providing additional safe anchorages for commercial vessels in the navigable waters of the Columbia River.
Full Text
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<title>Federal Register, Volume 89 Issue 233 (Wednesday, December 4, 2024)</title>
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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96099-96101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28311]
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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, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing an anchorage ground near Port
Westward, Oregon on the Columbia River. The purpose of this rule is to
improve safety of navigation by providing additional safe anchorages
for commercial vessels in the navigable waters of the Columbia River.
DATES: This rule is effective January 3, 2025.
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-
2023-0749 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 Commander Jesse Wallace, Waterways Management
Division, Sector Columbia River, U.S. Coast Guard; telephone 503-240-
9319, email <a href="/cdn-cgi/l/email-protection#782b3b2a2f2f35380d0b1b1f56151114"><span class="__cf_email__" data-cfemail="7c2f3f2e2b2b313c090f1f1b52111510">[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
In the last several years, the Columbia River Marine Transportation
System has seen an increase in commercial traffic and vessel size near
the Lower Columbia River, thus creating a concern for anchorage
capacity within the river system. The Columbia River Steamship
Operators Association and the Columbia River Pilots 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. In response, on
December 28, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Establish Anchorage Ground; Port Westward
Anchorage, Columbia River, Oregon and Washington'' (88 FR 89644). There
we stated why we issued the NPRM and invited comments on our proposed
regulatory action to establish this anchorage ground. During the
comment period that ended February 26, 2024, we received 39 comments.
The Coast Guard opened another 30-day comment period that ended June 7,
2024 (89 FR 38853), in which we received an additional 3 comments. In
total, we had 90 days of comment period and received 42 total comments,
including some duplicate submissions.
III. Legal Authority and Need for Rule
Under Title 33 of the Code of Federal Regulations (CFR) 109.05, the
Commandant of the Coast Guard has delegated the authority to establish
anchorage grounds to Coast Guard District Commanders. The Coast Guard
establishes anchorage grounds under Section 7 of the Rivers and Harbors
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
purpose of this rule is to establish a Federal anchorage ground in the
Lower Columbia River to improve safety of navigation by creating
additional anchorage grounds for the increased vessel traffic
transiting through the Lower Columbia River. The Coast Guard is issuing
this rule under authority in 46 U.S.C. 70034.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 42 total comments on our NPRM during
the 2 comment periods. A few of the comments were duplicates. All
comments received fully support this rule. We received significant
input regarding how important it is to establish this anchorage, with
many describing the environmental, safety, and economic benefits of
this proposed anchorage, particularly in light of the increase in ship
size in the channel since the 1970's. One comment suggested adding a
stern anchor buoy to the anchorage. The United States Army Corps of
Engineers is responsible for the establishment of stern anchor buoys,
interested parties may request the addition of a buoy after the
completion of this regulatory process. Another comment asked the Coast
Guard to consider two observations regarding the establishment of the
proposed anchorage ground. First, the anchorage ground depth. Second, a
charted sandwave area that intersects the
[[Page 96100]]
proposed anchorage ground. Below is the Coast Guard's response to these
observances.
A. Anchorage Ground Depth
The range of depths within the anchorage ground will accommodate a
variety of vessel types and configurations. 33 U.S.C. 365 authorizes
the United States Army Corps of Engineers to dredge within, and
adjacent to, Federal anchorages established by the Coast Guard.
Environmental reviews and approvals are required prior to dredging in
the anchorage.
B. Horizontal Datum
The NPRM included the boundary coordinates for the anchorage ground
as latitude and longitude without a statement of the associated
horizontal datum. The associated horizontal datum has been implemented
into the regulatory text at the end of this rulemaking. All other
regulatory text remaining unchanged.
C. Final Rule
This rule establishes a Federal anchorage ground in the vicinity of
Port Westward, in the Lower Columbia River. The specific coordinates
for this anchorage ground are included in the regulatory text 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 location and
size of the anchorage ground, as well as the vessel traffic and
anchoring data provided by the Coast Guard Navigation Center. The
regulation will 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 anchorage
ground is located outside the federal channel and is consistent with
current anchorage habits. When not occupied, vessels will 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 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 use the
anchorage ground may be small entities, for reasons stated in section
V.A above, this rule would 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
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 navigation safety and
anchorage
[[Page 96101]]
capacity of the river system. It is 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 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.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
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. Amend Sec. 110.228 by adding paragraphs (a)(12) through (14) to
read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(12) [Reserved]
(13) [Reserved]
(14) Port Westward Anchorage. All waters in the vicinity of Port
Westward, Oregon, bound by a line connecting the following points,
which are based on the World Geodetic System (WGS 84):
------------------------------------------------------------------------
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: November, 26, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2024-28311 Filed 12-3-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.