Rule2024-29536
Establish Anchorage Ground; Rice Island Anchorage, Columbia River, Oregon and Washington
Primary source
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Published
December 16, 2024
Effective
January 15, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing an anchorage ground near Rice Island, Oregon on the Lower Columbia River. The purpose of this rule is to improve navigation safety by establishing an area to provide for the safe anchoring of commercial vessels in the navigable waters of the Lower Columbia River.
Full Text
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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101469-101471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29536]
[[Page 101469]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[USCG-2023-0485]
RIN 1625-AA01
Establish Anchorage Ground; Rice Island 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 Rice
Island, Oregon on the Lower Columbia River. The purpose of this rule is
to improve navigation safety by establishing an area to provide for the
safe anchoring of commercial vessels in the navigable waters of the
Lower Columbia River.
DATES: This rule is effective January 15, 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-
2023-0485 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#4516061712120805303626226b282c29"><span class="__cf_email__" data-cfemail="e2b1a1b0b5b5afa297918185cc8f8b8e">[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 around that area. 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; Rice Island Anchorage,
Columbia River, Oregon and Washington'' (88 FR 89646). 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 on June 7, 2024 (89 FR
38854), in which we received an additional 3 comments. In total, we had
90 days of comment period and received 42 total comments.
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 its 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. One comment asked the Coast Guard to consider
three observations regarding the establishment of the proposed
anchorage ground. First, the anchorage ground depth. Second, a charted
sandwave area that intersects the proposed anchorage ground. And third,
the boundary coordinates for the proposed anchorage ground are stated
as latitude and longitude without a statement of the associated
horizontal datum. Another comment made by a self-identified member of a
non-federally recognized tribe, asked the Coast Guard to consider all
potential impacts to the Green Sturgeon, a threatened species of fish
present in the lower Columbia River Estuary. The other comments wrote
in support of the proposed anchorage ground and are not discussed here.
A. Anchorage Ground Depth
The commenter noted there is variation in the depth of the
anchorage ground and that some vessels with deep drafts would need to
be cognizant of areas within the anchorage shallower than 43 feet. The
commenter also asked if there are plans to dredge the shallower areas
to a standard depth of 43 feet. The Coast Guard believes the range of
depths within the anchorage ground will accommodate a variety of vessel
types and configurations. If it is later determined that dredging is
required, then 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. Charted Sandwaves
The commenter indicated that a sandwave shoal formation intersects
the anchorage ground. Sandwave shoal formations are common throughout
the Lower Columbia River to include the area of the anchorage ground.
Presence of sandwave shoal formations have not historically precluded
this area from being used as an anchorage ground.
C. Horizontal Datum
The commenter asked us to explicitly state the horizontal datum for
the anchorage ground. The NPRM included the boundary coordinates for
the anchorage ground as latitude and longitude without a statement of
the associated horizontal datum. In response to this comment, we
revised the associated horizontal datum in the regulatory text at the
end of this rulemaking. All other regulatory text remains unchanged.
D. Green Sturgeon
One commenter asked the Coast Guard to consider all potential
impacts to the Green Sturgeon, a threatened species of fish present in
the lower Columbia River Estuary. While the anchorage ground is located
within the Green Sturgeon's critical habitat, this rule will have no
effect on the Green Sturgeon or the critical habitat. This rule will
not disturb the Green Sturgeon's ability to spawn or forage for food.
Moreover, this rule will not create an increase in vessel traffic
through its habitat or impede its migratory pathway through the
Columbia River.
E. Final Rule
This rule establishes a Federal anchorage ground in the vicinity of
Rice Island, in the Lower Columbia River.
[[Page 101470]]
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 1.745 square miles of anchorage
grounds are designated to provide necessary commercial deep draft
anchorages and enhance the safety of navigation to commercial vessels
transiting to, from, and within the Columbia River. The expected impact
to navigation created by the establishment of this anchorage ground is
expected to be minimal because the anchorages 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.
All guidance set out in Executive Order 13132 and 13175 were
followed prior to this rulemaking and there is no objection in moving
forward with this rulemaking from a federally recognized tribe.
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, Rice Island Anchorage, in an area
traditionally used by commercial ships for anchoring in the Lower
Columbia River system; and increasing the safety of navigation and
anchorage capacity of the Lower Columbia 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
[[Page 101471]]
Homeland Security Delegation No. 00170.1 Revision No. 01.3.
0
2. Amend Sec. 110.228 by adding paragraph (a)(12) to subpart B to read
as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(12) Rice Island Anchorage. All waters in the vicinity of Rice
Island, Oregon, bound by a line connecting the following points, which
are based on the World Geodetic System (WGS 84):
Table 3 to Paragraph (a)(12)
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Latitude Longitude
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46[deg]13'15.60'' 123[deg]46'28.20''
46[deg]13'37.20'' 123[deg]45'22.20''
46[deg]14'42.00'' 123[deg]43'12.00''
46[deg]14'52.80'' 123[deg]42'12.00''
46[deg]14'42.60'' 123[deg]42'00.00''
46[deg]13'47.40'' 123[deg]43'48.60''
46[deg]13'36.60'' 123[deg]44'15.60''
46[deg]13'07.20'' 123[deg]45'58.20''
46[deg]13'00.60'' 123[deg]46'16.80''
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* * * * *
Dated: December 3, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2024-29536 Filed 12-12-24; 8:45 am]
BILLING CODE 9110-04-P
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