Safety Zone; CBWTP Outfall Diffuser Improvements, Columbia River, Portland, OR

• Published date: 04 October 2021
• Citation: 86 FR 54622
• Record Number: 2021-21552
• Section: Rules and Regulations
• Court: Coast Guard

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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations

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 two

day sailing competition held annually.

It is categorically excluded from further

review under paragraph L61 of

Appendix A, Table 1 of DHS Instruction

Manual 023–01–001–01, Rev. 1. A

Memorandum for the Record 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 100

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 100 as follows:

PART 100—SAFETY OF LIFE ON

NAVIGABLE WATERS

■1. The authority citation for part 100

continues to read as follows:

Authority: 46 U.S.C. 70041; 33 CFR 1.05–

1.

■2. Add § 100.T08–0462 to read as

follows:

§ 100.T08–0462 Special Local Regulation;

Ohio River, Louisville, KY.

(a) Regulated area. The following area

is a special local regulated area: All

navigable waters of the Ohio River from

Mile Marker (MM) 594.0 to MM 598.0,

extending the entire width of the river.

(b) Regulations. (1) All non-

participants are prohibited from

entering, transiting through, anchoring

in, or remaining within the regulated

area described in paragraph (a) of this

section unless authorized by the Captain

of the Port Sector Ohio Valley (COTP)

or their designated representative.

(2) To seek permission to enter,

contact the COTP or the COTP’s

representative by Sector Ohio Valley

command center at 502–779–5422.

Those in the regulated area must

comply with all lawful orders or

directions given to them by the COTP or

the designated representative.

(3) The Coast Guard will issue

Broadcast Notice to Mariners (BNMs),

Local Notices to Mariners (LNMs), and

Marine Safety Information Bulletins

(MSIBs) about the special local

regulation in this section.

(c) Enforcement period. This section

will be enforced from noon through 5

p.m. on October 9, 2021, and October

10, 2021.

Dated: September 29, 2021.

A.M. Beach,

Captain, U.S. Coast Guard, Captain of the

Port Sector Ohio Valley.

[FR Doc. 2021–21550 Filed 10–1–21; 8:45 am]

BILLING CODE 9110–04–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2021–0647]

RIN 1625–AA00

Safety Zone; CBWTP Outfall Diffuser

Improvements, Columbia River,

Portland, OR

AGENCY

: Coast Guard, Department of

Homeland Security (DHS).

ACTION

: Temporary final rule.

SUMMARY

: The Coast Guard is

establishing a temporary safety zone for

certain waters of the Columbia River.

This action is necessary to provide for

the safety of life on these navigable

waters near Portland, OR, at Columbia

River Mile 105.6 during construction

from November 1, 2021 through

February 28, 2022. This regulation

prohibits persons and vessels from

being in the safety zone unless

authorized by the Captain of the Port

Sector Columbia River or a designated

representative.

DATES

: This rule is effective from 12:01

a.m. on November 1, 2021, through

11:59 p.m. on February 28, 2022.

ADDRESSES

: To view documents

mentioned in this preamble as being

available in the docket, go to https://

www.regulations.gov, type USCG–2021–

0647 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 on this rule, call or

email LCDR Sean Morrison, Waterways

Management Division, Marine Safety

Unit Portland, U.S. 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

§ Section

U.S.C. United States Code

II. Background Information and

Regulatory History

On July 20, 2021, Ballard Marine

Construction notified the Coast Guard

that it would begin construction on the

CBWTP Outfall Diffuser Improvements

Project from 12:01 a.m. on October 1,

2021, through 11:59 p.m. on February

28, 2022, to remove and replace existing

pipeline. On September 27, 2021,

Ballard Marine Construction updated

the start date to November 1, 2021.

Work includes dredging and dive

operations at Columbia River Mile

105.6. In response, on August 23, 2021,

the Coast Guard published a notice of

proposed rulemaking (NPRM) titled

‘‘Safety Zone; CBWTP Outfall Diffuser

Improvements, Columbia River,

Portland, OR’’ (86 FR 47044). There we

stated why we issued the NPRM, and

invited comments on our proposed

regulatory action related to this

construction project. During the

comment period that ended September

7, 2021, we received no comments.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. Delaying the effective date of

this rule would be impracticable

because immediate action is needed to

respond to the potential safety hazards

associated with the CBWTP Outfall

Diffuser Improvements Project.

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

Captain of the Port Columbia River

(COTP) has determined that potential

hazards associated with the

construction project will be a safety

concern for anyone within the

designated area of the CBWTP Outfall

Diffuser Improvements. The purpose of

this rule is to ensure safety of vessels

and the navigable waters in the safety

zone during the scheduled construction

period.

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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations

IV. Discussion of Comments, Changes,

and the Rule

As noted above, we received no

comments on our NPRM published

August 22, 2021. The only changes in

the regulatory text of this rule from the

proposed rule in the NPRM are the

clarifying additions of referencing the

coordinates as being based on 1984

World Geodetic System (WGS 84) and

the insertion of the abbreviation

‘‘COTP’’ after ‘‘Captain of the Port

Sector Columbia River’’ in the definition

of ‘‘designated representative.’’ In

addition, the Coast Guard received

notification on September 27, 2021, that

the city of Portland is delaying the start

date of the project. The safety zone will

now begin on November 1, 2021,

instead of October 1, 2021 as originally

published in the NPRM.

This rule establishes a safety zone

from 12:01 a.m. on November 1, 2021,

through 11:59 p.m. on February 28,

2022. The safety zone will cover all

navigable waters of the Columbia River,

surface to bottom, approximately 300

yards to the east and west side of the

Burlington Northern Railroad Bridge on

the Oregon side of the Columbia River

from the shoreline to the outside of the

main navigational channel; specifically

beginning at the shoreline at 45°37′26.2″

N, 122°41′46.91″ W, northeast to

45°37′33.206″ N, 122°41′37.699″ W,

southeast to 45°37′23.4″ N, 122°41′18.1″

W, thence southwest to 45°37′16.27″ N,

122°41′30.75″ W, and along the

shoreline back to the beginning point.

The duration of the zone is intended to

ensure the safety of vessels and these

navigable waters while the construction

project is underway. The duration of the

zone is intended to ensure the safety of

vessels and these navigable waters

during the construction period. No

vessel or person will be permitted to

enter the safety zone without obtaining

permission from the COTP or a

designated representative.

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.

This rule has not been designated a

‘‘significant regulatory action,’’ under

Executive Order 12866. 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, duration,

and time-of-year of the safety zone.

Vessel traffic will be able to safely

transit around this safety zone which

will impact a small designated area of

the Columbia River during the

construction project. Moreover, the

Coast Guard will issue a Notice to

Mariners about the zone, and the rule

will allow vessels to seek permission to

enter the zone.

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 safety zone 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

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 safety

zone lasting 150 days that will prohibit

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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations

vessel traffic to transit the area during

construction operations. 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

■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.

■2. Add § 165.T13–0647 to read as

follows:

§ 165.T13–0647 Safety Zones: Safety Zone;

CBWTP Outfall Diffuser Improvements,

Columbia River, Portland, OR.

(a) Location. The following area is a

safety zone: All navigable waters of the

Columbia River, surface to bottom,

encompassed by a line connecting the

following points beginning at the

shoreline at 45°37′26.2″ N,

122°41′46.91″ W, northeast to

45°37′33.206″ N, 122°41′37.699″ W,

southeast to 45°37′23.4″ N, 122°41′18.1″

W, thence southwest to 45°37′16.27″ N,

122°41′30.75″ W, and along the

shoreline back to the beginning point.

These coordinates are based on the 1984

World Geodetic System (WGS 84).

(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. (1) Under the general

safety zone regulations in subpart C of

this part, you may not enter the safety

zone described in paragraph (a) of this

section unless authorized by the COTP

or the COTP’s designated representative.

(2) To seek permission to enter,

contact the COTP or the COTP’s

representative by calling (503) 209–2468

or the Sector Columbia River Command

Center on Channel 16 VHF–FM. Those

in the safety zone must comply with all

lawful orders or directions given to

them by the COTP or the COTP’s

designated representative.

(d) Enforcement period. This safety

zone is in effect from 12:01 a.m. on

November 1, 2021, through 11:59 p.m.

on February 28, 2022. It will be subject

to enforcement this entire period unless

the Captain of the Port Columbia River

determines it is no longer needed, in

which case the Coast Guard will inform

mariners via Notice to Mariners.

Dated: September 27, 2021.

M. Scott Jackson,

Captain, U.S. Coast Guard, Captain of the

Port Columbia River.

[FR Doc. 2021–21552 Filed 10–1–21; 8:45 am]

BILLING CODE 9110–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA–R05–OAR–2018–0694; FRL–8823–03–

R5]

Air Plan Approval; Ohio; Infrastructure

SIP Requirements for the 2015 Ozone

NAAQS; Correction

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Correcting amendment.

SUMMARY

: This action corrects

codification errors in the Ohio State

Implementation Plan (SIP) regarding the

infrastructure requirements of section

110 of the Clean Air Act (CAA) for the

2015 Ozone National Ambient Air

Quality Standards (NAAQS).

DATES

: This correcting amendment is

effective on October 4, 2021.

FOR FURTHER INFORMATION CONTACT

:

Christos Panos, Environmental

Engineer, Attainment Planning and

Maintenance Section, Air Programs

Branch (AR–18J), Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 353–8328, panos.christos@

epa.gov.

SUPPLEMENTARY INFORMATION

: On August

11, 2021, the Environmental Protection

Agency (EPA) made inadvertent

codification errors when it approved

elements of a SIP submission from Ohio

regarding the infrastructure

requirements of CAA section 110 for the

2015 ozone NAAQS. In the final rule

published in the Federal Register on

August 11, 2021 (86 FR 43962), on page

43964, EPA mistakenly included

instructions to add entry ‘‘Section

110(a)(2) Infrastructure Requirements

for the 2015 ozone NAAQS’’

immediately after entry ‘‘Section

110(a)(2) infrastructure requirements for

the 2012 PM

2.5

NAAQS’’, where the

instructions should have said to add

entry ‘‘Section 110(a)(2) Infrastructure

Requirements for the 2015 ozone

NAAQS’’ immediately after entry

‘‘Section 110(a)(2)(D) infrastructure

requirements for the 2012 PM

2.5

NAAQS’’. EPA also mistakenly

identified the entry in the table entitled

‘‘EPA Approved Ohio Nonregulatory

and Quasi-Regulatory Provisions’’ on

page 43964 to read ‘‘Section 110(a)(2)(D)

Infrastructure Requirements for the 2015

ozone NAAQS’’, where the correct entry

should read ‘‘Section 110(a)(2)

Infrastructure Requirements for the 2015

ozone NAAQS’’. Lastly, the citation for

prongs 1 and 2 in the ‘‘Comments’’

column of the table on page 43964

should read ‘‘(D)(i)(I)’’ and not

‘‘(D)(i)(II)’’.

This action amends the regulatory text

to correct these errors. Section 553 of

the Administrative Procedure Act, 5

U.S.C. 553(b)(B), provides that, when an

agency for good cause finds that notice

and public procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is good

cause for making this rule final without

prior proposal and opportunity for

comment because we are merely

correcting incorrect citations in

previous actions. Thus, notice and

public procedure are unnecessary. We

find that this constitutes good cause

under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

This action is not a significant

regulatory action subject to review by

the Office of Management and Budget

under Executive Orders 12866 (58 FR

51735, October 4, 1993) and 13563 (76

FR 3821, January 21, 2011). This action

does not impose an information

collection burden under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Because the agency has made a

‘‘good cause’’ finding that this action is

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