Regulated Navigation Area; NW Natural PGM Site, Willamette River, Portland, OR

Cited as:85 FR 66292
Court:Coast Guard, Homeland Security Department
Publication Date:19 Oct 2020
Record Number:2020-22277
66292
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the
FOR FURTHER INFORMATION
CONTACT
section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons stated in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. 0170.1.
2. Add § 165.787 to read as follows:
§ 165.787 Safety Zones; Vieques
Unexploded Ordnance Operations, East
Vieques; Vieques, Puerto Rico.
(a) Regulated area. The following
regulated areas are established as a
safety zones: (1) All waters of East
Vieques, Vieques, Puerto Rico
encompassed within the following
points: starting at Point 1 in position 18°
0856.48N, 065° 2010.69W; thence
north to point 2 in position 18° 09
10.72N, 065° 2004.11W; thence east
to Point 3 in position 18° 0850.19N,
065° 1705.78W; thence south to Point
4 in position 18° 0805.79N, 065° 16
16.70W.
(2) All waters of East Vieques,
Vieques, Puerto Rico encompassed
within the following points: starting at
Point 1 in position 18 0738.60N, 065°
1745.95W; thence south to point 2 in
position 18° 0723.73N, 065° 17
58.34W; thence west to Point 3 in
position 18° 0718.77N, 065° 18
29.64W; thence north to Point 4 in
position 18° 0734.47N, 065° 18
31.82W.
(b) Regulations. (1) No person or
vessel may anchor, dredge, or trawl in
the safety zones unless authorized by
the Captain of the Port, San Juan, Puerto
Rico, or a designated Coast Guard
commissioned, warrant, or petty officer.
Those in the safety zones must comply
with all lawful orders or directions
given to them by the COTP or the
designated Coast Guard commissioned,
warrant, or petty officer.
(2) No person or vessel may enter,
transit or remain in the safety zones
during Unexploded Ordnance clearance
operations, unless authorized by the
Captain of the Port San Juan or a
designated representative.
(3) Vessels encountering emergencies,
which require transit through the safety
zones, should contact the Coast Guard
patrol craft or Duty Officer on VHF
Channel 16. In the event of an
emergency, the Coast Guard patrol craft
may authorize a vessel to transit through
the safety zones with a Coast Guard
designated escort.
(4) The Captain of the Port and the
Duty Officer at Sector San Juan, Puerto
Rico, can be contacted at telephone
number 787–289–2041. The Coast
Guard Patrol Commander enforcing the
safety zones can be contacted on VHF–
FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will
notify the marine community of periods
during which these safety zones will be
in effect by providing notice to mariners
in accordance with § 165.7.
(6) All persons and vessels must
comply with the instructions of on-
scene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, or petty officers of the U.S.
Coast Guard. Coast Guard Auxiliary and
local or state officials may be present to
inform vessel operators of the
requirements of this section, and other
applicable laws.
Dated: October 9, 2020.
J.E. Diaz,
Captain, U.S. Coast Guard, Acting, Captain
of the Port San Juan.
[FR Doc. 2020–22973 Filed 10–16–20; 8:45 am]
BILLING CODE 9110–04–P
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
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
to establish a regulated naviagation 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 proposed
rulemaking would prohibit activities in
the RNA that could disturb or damage
the engineered sediment cap. We invite
your comments on this proposed
rulemaking.
DATES
: Comments and related material
must be received by the Coast Guard on
or before November 18, 2020.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2020–0531 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION
section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this proposed
rulemaking, call or email LCDR Dixon
Whitley, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email D13-SMB-MSUPortlandWWM@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PGM Portland Gas Manufacturing
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66293
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard is proposing to
establish a regulated navigation area 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. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The proposed rule would create 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
would prohibit activities which could
disrupt or damage the sendiment cap on
the riverbed such as anchoring,
dragging, dredging, trawling, or other
related activities. The proposed rule
would also specify that operators who
wish to engage in dredging, spudding,
and vessel anchoring within the
regulated navigation area must consult
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. For convenience, the
contact information for the Orgeon
Department of Environmental Quality
would be included in the regulations.
Additionally, this proposed rule
would allow 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 Coast Guard
Captain of the Port Sector Columbia
River (COTP) is given advance notice of
those activities by the Oregon
Department of Envrionmental Quality.
We also propose to include the COTP’s
contact information for reporting
suspected violations of the regulations
in proposed paragraph (b).
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
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 regulated navigation area must
consult 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.
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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above, this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES
) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
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66294
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
listed in the
FOR FURTHER INFORMATION
CONTACT
section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves the creation of a RNA that
prohibits certain maritime activities to
protect an engineered sediment cap.
Normally such actions are 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 preliminary 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the
FOR FURTHER INFORMATION
CONTACT
section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. 0170.1.
2. Add § 165.1343 to read as follows:
§ 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°3133.8N,
122°4011.6W; thence to 45°3133.9N,
122°4011.2W; thence to 45°3132.7N,
122°4010.7W; thence to 45°3132.9N,
122°4009.4W; thence to 45°3132.2N,
122°4008.8W; thence to 45°3132.2N,
122°4007.9W; thence to 45°3131.4N,
122°4007.6W; thence to 45°3130.9N,
122°4010.7W; 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 § 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
the Oregon Department of
Environmental Quality 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 Coast Guard
Captain of the Port Sector Columbia
River (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 Coast Guard Captain
of the Port Sector Columbia River
(COTP) is given advance notice of those
activities by the Oregon Department of
Envrionmental Quality.
(c) Contact information. If you
observe violations of the regulations in
this section, you may notify the COTP
by email, at D13-SMB-
MSUPortlandWWM@uscg.mil.
Dated: October 1, 2020.
A.J. Vogt,
Commander, RADM, U.S. Coast Guard,
Thirteenth Coast Guard District.
[FR Doc. 2020–22277 Filed 10–16–20; 8:45 am]
BILLING CODE 9110–04–P
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