Regulated Navigation Areas; Port of Portland Terminal 4, Willamette River, Portland, OR, 69046-69049 [E9-30935]
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69046
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
power and responsibilities between the
Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. The proposed
rule involves a special local regulation
for a swimming race and is categorically
excluded under paragraph 34(h) of
COMDTINSTM 16475.1D, figure 2–1. A
preliminary environmental analysis
checklist supporting this determination
is available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
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15:37 Dec 29, 2009
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lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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: 33 U.S.C. 1233.
2. Add a new temporary Special Local
Regulation § 100.35T11–254 to read as
follows:
§ 100.35T11–254 Special Local Regulation;
Ironman 70.3 California; Oceanside Harbor,
Oceanside, CA.
(a) Location. The limits of this
temporary Special Local Regulation are
the waters of Oceanside Harbor
encompassed by drawing a line from
point to point along the following
coordinates:
33°12.54′ N, 117°24.12′ W;
33°12.52′ N, 117°23.75′ W;
33°12.49′ N, 117°23.66′ W;
33°12.37′ N, 117°23.54′ W;
33°12.32′ N, 117°23.55′ W;
33°12.43′ N, 117°23.69′ W;
33°12.46′ N, 117°23.79′ W;
33°12.41′ N, 117°23.96′ W;
33°12.44′ N, 117°23.98′ W;
33°12.45′ N, 117°24.12′ W;
33°12.54′ N, 117°24.12′ W.
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Dated: December 3, 2009.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting
Captain of the Port, San Diego.
[FR Doc. E9–30936 Filed 12–29–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
(b) Enforcement Period. This section
will be enforced from 6:40 a.m. to 9:30
a.m. on March 27, 2010. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this Special
Local Regulation and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, or petty officer
of the Coast Guard on board a Coast
Guard or Coast Guard Auxiliary vessel,
or onboard a local, State, or Federal law
enforcement vessel who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Special Local Regulations. (1) All
persons and/or vessels not registered
with the sponsor as participants or
official patrol vessels are considered
spectators. The official patrol consists of
any Coast Guard vessels, any Federal,
State or local law enforcement vessels
and any sponsor provided vessels
assigned by or approved by the Captain
PO 00000
of the Port, San Diego, to patrol the
events.
(2) No spectators shall anchor, block,
loiter in, or impede the transit of
participants or official patrol vessels in
the regulated area during the effective
dates and times, unless cleared for such
by or through an official patrol vessel.
(3) When hailed by an official patrol
vessel, a spectator shall come to an
immediate stop. Vessels shall comply
with all directions given. Failure to do
so may result in a citation.
(4) The Patrol Commander is
empowered to forbid and control the
movement of all vessels in the regulated
area. The Patrol Commander shall be
designated by the Captain of the Port,
San Diego, and as his or her
representative and may terminate the
event for the protection of life and
property. He or she may be reached on
VHF Channel 16 (156.8 MHz) when
required, by the call sign ‘‘PATCOM’’
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
[Docket No. USCG–2009–0370]
RIN 1625–AA11
Regulated Navigation Areas; Port of
Portland Terminal 4, Willamette River,
Portland, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes the
establishment of two Regulated
Navigation Areas (RNA) at the Port of
Portland Terminal 4 on the Willamette
River in Portland, Oregon. The RNAs
are necessary to preserve the integrity of
engineered sediment caps placed within
Slip 3 and Wheeler Bay at the Portland
Harbor Superfund Site as part of a
removal action at that site. The RNAs
will do so by prohibiting activities that
could disturb or damage the engineered
sediment caps in that area.
DATES: Comments and related material
must be received by the Coast Guard on
or before January 29, 2010.
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
You may submit comments
identified by docket number USCG–
2009–0370 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers,
Waterways Management, USCG Sector
Portland; telephone 503–240–9319, email Jaime.A.Sayers@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0370),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
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15:37 Dec 29, 2009
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the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0370’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 8c by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0370 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
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69047
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
As part of a removal action at the
Portland Harbor Superfund Site in 2008,
engineered sediment caps were placed
within Slip 3 and Wheeler Bay at the
Port of Portland Terminal 4 Facility in
order to contain underlying
contaminated sediment and shoreline
soil. The Port of Portland Terminal 4
Facility is located between River Miles
4.1 and 4.5 on the Willamette River.
The engineered sediment caps are
designed to be compatible with normal
port operations, but could be damaged
by other maritime activities including
anchoring, dragging, dredging, or
trawling. Such damage could disrupt
the function or affect the integrity of the
caps to contain the underlying
contaminated sediment and shoreline
soil in these areas. As such, the RNAs
are necessary to help ensure the
engineered sediment caps are protected
and will do so by prohibiting certain
maritime activities that could disturb or
damage them.
Discussion of Proposed Rule
The proposed rule would create RNAs
covering portions of Slip 3 and Wheeler
Bay at the Port of Portland Terminal 4
where engineered sediment caps are in
place. Within the RNAs, vessels will be
prohibited from anchoring, dragging,
dredging, or trawling. The prohibitions
are necessary to help ensure the
engineered sediment caps are protected
from damage.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. The Coast Guard has made this
determination based on the fact that the
RNAs cover a relatively small area and
that area can still be used for most
maritime activities.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels operating in the
areas covered by the RNAs. The RNAs
would not have a significant economic
impact on a substantial number of small
entities, however, because the RNAs
cover a relatively small area and that
area can still be used for most maritime
activities.
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.
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Assistance for Small Entities
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 so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact MST1 Jaime
Sayers, Waterways Management, USCG
Sector Portland; telephone 503–240–
9319, e-mail Jaime.A.Sayers@uscg.mil.
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.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
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15:37 Dec 29, 2009
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compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
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it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a regulated
navigation area. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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 proposes to
amend 33 CFR Part 165 as follows:
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Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Proposed Rules
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub.
L. 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.1326 to read as follows:
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§ 165.1326 Regulated Navigation Areas;
Port of Portland Terminal 4, Willamette
River, Portland, OR
(a) Regulated navigation areas. Each
of the following areas is a regulated
navigation area:
(1) All waters of the Willamette River
in the head of the Port of Portland’s
Terminal 4 Slip 3, encompassed by a
line commencing at 45°36′01.861″ N/
122°46″20.995″ W thence to
45°36′01.455″ N/122°46′20.887″ W
thence to 45°36′00.993″ N/
122°46′20.714″ W thence to
45°36′00.725″ N/122°46′20.923″ W
thence to 45°36′00.731″ N/
122°46′21.262″ W thence to
45°36′00.712″ N/122°46′21.823″ W
thence to 45°36′01.230″ N/
122°46′22.048″ W thence to
45°36′01.651″ N/122°46′22.168″ W
thence to 45°36′01.684″ N/
122°46′22.372″ W thence to
45°36′01.873″ N/122°46′22.303″ W
thence to 45°36′02.065″ N/
122°46′21.799″ W thence to
45°36′01.989″ N/122°46′21.574″ W
thence to 45°36′01.675″ N/
122°46′21.483″ W thence to
45°36′01.795″ N/122°46′21.442″ W
thence to 45°36′01.861″ N/
122°46′20.995″ W.
(2) All waters of the Willamette River
in Wheeler Bay between Slip 1 and Slip
3 in the Port of Portland’s Terminal 4,
encompassed by a line commencing at
45°36′10.634″ N/122°46′39.056″ W
thence to 45°36′10.269″ N/
122°46′37.140″ W thence to
45°36′10.027″ N/122°46′6.050″ W
thence to 45°36′09.722″ N/
122°46′34.181″ W thence to
45°36′09.425″ N/122°46′33.118″ W
thence to 45°36′08.960″ N/
122°46′32.150″ W thence to
45°36′08.653″ N/122°46′31.681″ W
thence to 45°36′08.191″ N/
122°46′31.341″ W thence to
45°36′07.886″ N/122°46′31.269″ W
thence to 45°36′07.517″ N/
122°46′31.038″ W thence to
45°36′07.235″ N/122°46′31.066″ W
thence to 45°36′07.040″ N/
122°46′30.941″ W thence to
45°36′06.697″ N/122°46′30.987″ W
thence to 45°36′06.509″ N/
122°46′31.251″ W thence to
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15:37 Dec 29, 2009
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45°36′06.201″ N/122°46′31.517″ W
thence to 45°36′06.081″ N/
122°46′31.812″ W thence to
45°36′06.550″ N/122°46′32.124″ W
thence to 45°36′06.970″ N/
122°46′31.895″ W thence to
45°36′07.172″ N/122°46′31.868″ W
thence to 45°36′07.883″ N/
122°46′32.316″ W thence to
45°36′08.370″ N/122°46′32.927″ W
thence to 45°36′08.775″ N/
122°46′33.888″ W thence to
45°36′09.121″ N/122°46′35.337″ W
thence to 45°36′09.230″ N/
122°46′36.166″ W thence to
45°36′09.442″ N/122°46′37.759″ W
thence to 45°36′09.865″ N/
122°46′39.511″ W thence to
45°36′10.421″ N/122°46′39.469″ W
thence to 45°36′10.634″ N/
122°46′39.056″ W.
(b) Regulations. All vessels are
prohibited from anchoring, dragging,
dredging, or trawling in the regulated
navigation areas established in
paragraph (a) of this section.
Dated: December 11, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. E9–30935 Filed 12–29–09; 8:45 am]
BILLING CODE 9110–04–P
U.S. POSTAL SERVICE
39 CFR Part 111
Unpaid and Shortpaid InformationBased Indicia Postage Meters and PC
Postage Products—Comment Period
Extended
Postal ServiceTM.
Proposed rule; extension of
comment period.
AGENCY:
ACTION:
SUMMARY: On November 18, 2009, the
Postal Service published in the Federal
Register (74 FR 59494) a proposed rule
to implement revenue assurance
procedures for information-based
indicia (IBI) postage generated from
postage evidencing systems. An
automated process will be implemented
to detect mailpieces with unpaid or
shortpaid IBI postage.
Comments were originally requested
by December 18, 2009. Based on
feedback from the mailing community,
the Postal Service has decided to extend
the current comment period an
additional 60 days.
DATES: Comments on this proposed rule
must be received on or before February
17, 2010.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
PO 00000
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69049
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington DC 20260–3436. You may
inspect and photocopy all written
comments, Monday through Friday, 9
a.m. to 4 p.m., USPS Headquarters
Library, 475 L’Enfant Plaza, SW., 11th
Floor N, Washington, DC, 20260.
FOR FURTHER INFORMATION CONTACT: C.
Scot Atkins, 703–280–7841 or Carol A.
Lunkins, 202–268–7262.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9–30867 Filed 12–29–09; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0013; FRL–9097–7]
Approval and Promulgation of Air
Quality Implementation Plans; Utah;
Redesignation Request and
Maintenance Plan for Salt Lake
County; Utah County; Ogden City PM10
Nonattainment Area
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of the
comment period.
SUMMARY: EPA is extending the
comment period for a document
published on December 1, 2009 (74 FR
62717). In the December 1, 2009
document, EPA proposed to disapprove
the State of Utah’s requests under the
Clean Air Act to redesignate the Salt
Lake County, Utah County, and Ogden
City PM10 nonattainment areas to
attainment, and to approve some and
disapprove other associated State
Implementation Plan (SIP) revisions.
The Governor of Utah submitted the
redesignation requests and associated
SIP revisions on September 2, 2005.
EPA proposed to disapprove the
redesignation requests because the areas
do not meet all Clean Air Act
requirements for redesignation. At the
request of several commentors, EPA is
extending the comment period through
March 1, 2010.
DATES: Comments must be received on
or before March 1, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2006–0013, by one of the
following methods:
• www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov
E:\FR\FM\30DEP1.SGM
30DEP1
]]>Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Proposed Rules]
[Pages 69046-69049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30935]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0370]
RIN 1625-AA11
Regulated Navigation Areas; Port of Portland Terminal 4,
Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes the establishment of two Regulated
Navigation Areas (RNA) at the Port of Portland Terminal 4 on the
Willamette River in Portland, Oregon. The RNAs are necessary to
preserve the integrity of engineered sediment caps placed within Slip 3
and Wheeler Bay at the Portland Harbor Superfund Site as part of a
removal action at that site. The RNAs will do so by prohibiting
activities that could disturb or damage the engineered sediment caps in
that area.
DATES: Comments and related material must be received by the Coast
Guard on or before January 29, 2010.
[[Page 69047]]
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0370 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers, Waterways Management, USCG
Sector Portland; telephone 503-240-9319, e-mail
Jaime.A.Sayers@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0370), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0370'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0370 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
As part of a removal action at the Portland Harbor Superfund Site
in 2008, engineered sediment caps were placed within Slip 3 and Wheeler
Bay at the Port of Portland Terminal 4 Facility in order to contain
underlying contaminated sediment and shoreline soil. The Port of
Portland Terminal 4 Facility is located between River Miles 4.1 and 4.5
on the Willamette River.
The engineered sediment caps are designed to be compatible with
normal port operations, but could be damaged by other maritime
activities including anchoring, dragging, dredging, or trawling. Such
damage could disrupt the function or affect the integrity of the caps
to contain the underlying contaminated sediment and shoreline soil in
these areas. As such, the RNAs are necessary to help ensure the
engineered sediment caps are protected and will do so by prohibiting
certain maritime activities that could disturb or damage them.
Discussion of Proposed Rule
The proposed rule would create RNAs covering portions of Slip 3 and
Wheeler Bay at the Port of Portland Terminal 4 where engineered
sediment caps are in place. Within the RNAs, vessels will be prohibited
from anchoring, dragging, dredging, or trawling. The prohibitions are
necessary to help ensure the engineered sediment caps are protected
from damage.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. The Coast Guard has made
this determination based on the fact that the RNAs cover a relatively
small area and that area can still be used for most maritime
activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 69048]]
whether this proposed rule would have a significant economic impact on
a substantial number of small entities. 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. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels operating in the areas covered by the RNAs. The
RNAs would not have a significant economic impact on a substantial
number of small entities, however, because the RNAs cover a relatively
small area and that area can still be used for most maritime
activities.
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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MST1 Jaime Sayers, Waterways
Management, USCG Sector Portland; telephone 503-240-9319, e-mail
Jaime.A.Sayers@uscg.mil. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a regulated navigation area. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 33 CFR Part 165 as follows:
[[Page 69049]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.1326 to read as follows:
Sec. 165.1326 Regulated Navigation Areas; Port of Portland Terminal
4, Willamette River, Portland, OR
(a) Regulated navigation areas. Each of the following areas is a
regulated navigation area:
(1) All waters of the Willamette River in the head of the Port of
Portland's Terminal 4 Slip 3, encompassed by a line commencing at
45[deg]36'01.861'' N/122[deg]46''20.995'' W thence to
45[deg]36'01.455'' N/122[deg]46'20.887'' W thence to 45[deg]36'00.993''
N/122[deg]46'20.714'' W thence to 45[deg]36'00.725'' N/
122[deg]46'20.923'' W thence to 45[deg]36'00.731'' N/
122[deg]46'21.262'' W thence to 45[deg]36'00.712'' N/
122[deg]46'21.823'' W thence to 45[deg]36'01.230'' N/
122[deg]46'22.048'' W thence to 45[deg]36'01.651'' N/
122[deg]46'22.168'' W thence to 45[deg]36'01.684'' N/
122[deg]46'22.372'' W thence to 45[deg]36'01.873'' N/
122[deg]46'22.303'' W thence to 45[deg]36'02.065'' N/
122[deg]46'21.799'' W thence to 45[deg]36'01.989'' N/
122[deg]46'21.574'' W thence to 45[deg]36'01.675'' N/
122[deg]46'21.483'' W thence to 45[deg]36'01.795'' N/
122[deg]46'21.442'' W thence to 45[deg]36'01.861'' N/
122[deg]46'20.995'' W.
(2) All waters of the Willamette River in Wheeler Bay between Slip
1 and Slip 3 in the Port of Portland's Terminal 4, encompassed by a
line commencing at 45[deg]36'10.634'' N/122[deg]46'39.056'' W thence to
45[deg]36'10.269'' N/122[deg]46'37.140'' W thence to 45[deg]36'10.027''
N/122[deg]46'6.050'' W thence to 45[deg]36'09.722'' N/
122[deg]46'34.181'' W thence to 45[deg]36'09.425'' N/
122[deg]46'33.118'' W thence to 45[deg]36'08.960'' N/
122[deg]46'32.150'' W thence to 45[deg]36'08.653'' N/
122[deg]46'31.681'' W thence to 45[deg]36'08.191'' N/
122[deg]46'31.341'' W thence to 45[deg]36'07.886'' N/
122[deg]46'31.269'' W thence to 45[deg]36'07.517'' N/
122[deg]46'31.038'' W thence to 45[deg]36'07.235'' N/
122[deg]46'31.066'' W thence to 45[deg]36'07.040'' N/
122[deg]46'30.941'' W thence to 45[deg]36'06.697'' N/
122[deg]46'30.987'' W thence to 45[deg]36'06.509'' N/
122[deg]46'31.251'' W thence to 45[deg]36'06.201'' N/
122[deg]46'31.517'' W thence to 45[deg]36'06.081'' N/
122[deg]46'31.812'' W thence to 45[deg]36'06.550'' N/
122[deg]46'32.124'' W thence to 45[deg]36'06.970'' N/
122[deg]46'31.895'' W thence to 45[deg]36'07.172'' N/
122[deg]46'31.868'' W thence to 45[deg]36'07.883'' N/
122[deg]46'32.316'' W thence to 45[deg]36'08.370'' N/
122[deg]46'32.927'' W thence to 45[deg]36'08.775'' N/
122[deg]46'33.888'' W thence to 45[deg]36'09.121'' N/
122[deg]46'35.337'' W thence to 45[deg]36'09.230'' N/
122[deg]46'36.166'' W thence to 45[deg]36'09.442'' N/
122[deg]46'37.759'' W thence to 45[deg]36'09.865'' N/
122[deg]46'39.511'' W thence to 45[deg]36'10.421'' N/
122[deg]46'39.469'' W thence to 45[deg]36'10.634'' N/
122[deg]46'39.056'' W.
(b) Regulations. All vessels are prohibited from anchoring,
dragging, dredging, or trawling in the regulated navigation areas
established in paragraph (a) of this section.
Dated: December 11, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E9-30935 Filed 12-29-09; 8:45 am]
BILLING CODE 9110-04-P
