Regulated Navigation Area, Zidell Waterfront Property, Willamette River, OR, 48070-48072 [2011-19986]
Download as PDF
48070
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
9. Manta: Vital Info on Small Businesses,
https://www.manta.com, accessed June
11, 2010.
10. Blozan, Carl F. and Steven A. Tucker,
‘‘Premarket Notifications: The First
24,000,’’ Medical Device & Diagnostic
Industry: 59–69, January 1986.
11. U.S. Department of Commerce, Bureau of
Economic Analysis, 2010, National
Income and Product Accounts Table
1.1.9., https://www.bea.gov/national/
nipaweb/SelectTable.asp, accessed
March 25, 2011.
12. Geiger, Dale R. FY 2003 and 2004 Unit
Costs for the Process of Medical Device
Review, https://www.fda.gov/downloads/
MedicalDevices/DeviceRegulationand
Guidance/Overview/MedicalDeviceUser
FeeandModernizationActMDUFMA/
ucm109216.pdf, accessed September
2005.
List of Subjects in 21 CFR Part 882
PART 882—NEUROLOGICAL DEVICES
1. The authority citation for 21 CFR
part 882 continues to read as follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 882.5800 is amended by
revising paragraph (c) to read as follows:
§ 882.5800 Cranial electrotherapy
stimulator.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
*
*
*
*
(c) Date PMA or notice of completion
of PDP is required. A PMA or notice of
completion of a PDP is required to be
filed with the Food and Drug
Administration on or before [A DATE
WILL BE ADDED 90 DAYS AFTER
DATE OF PUBLICATION OF A
FUTURE FINAL RULE IN THE
FEDERAL REGISTER], for any cranial
electrotherapy stimulator device that
was in commercial distribution before
May 28, 1976, or that has, on or before
[A DATE WILL BE ADDED 90 DAYS
AFTER DATE OF PUBLICATION OF A
FUTURE FINAL RULE IN THE
FEDERAL REGISTER], been found to be
substantially equivalent to any cranial
electrotherapy stimulator device that
was in commercial distribution before
May 28, 1976. Any other cranial
electrotherapy stimulator device shall
have an approved PMA or declared
completed PDP in effect before being
placed in commercial distribution.
18:42 Aug 05, 2011
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BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0254]
RIN 1625–AA11
Regulated Navigation Area, Zidell
Waterfront Property, Willamette River,
OR
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 882 be amended as follows:
VerDate Mar<15>2010
[FR Doc. 2011–19957 Filed 8–5–11; 8:45 am]
AGENCY:
Medical devices, Neurological
devices.
*
Dated: August 2, 2011.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices
and Radiological Health.
The Coast Guard proposes the
establishment of a Regulated Navigation
Area (RNA) at the Zidell Waterfront
Property located on the Willamette
River in Portland, Oregon. This RNA 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 RNA will do so by
prohibiting activities that could disturb
or damage the engineered sediment cap.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 7, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0254 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.
SUMMARY:
If
you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers,
FOR FURTHER INFORMATION CONTACT:
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Waterways Management Division,
Marine Safety Unit Portland, Coast
Guard; 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–2011–0254),
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, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0254’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ 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 81⁄2; 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
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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Proposed Rules
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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0254’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
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).
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before September 7, 2011
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.
Basis and Purpose
The Zidell Waterfront Property is
placing an engineered sediment cap
over contaminated sediments adjacent
to the west bank of the Willamette River
between approximate river miles 13.5
and 14.2 as part of an Oregon
Department of Environmental Quality
(DEQ) required remedial action.
Geographically this location starts at
approximately the West bank of the
Marquam Bridge and continues
southerly, along the west bank of the
Willamette River to the North end of
Ross Island.
The engineered sediment cap is
designed to be compatible with normal
port operations, but could be damaged
by other maritime activities including
anchoring, dragging, dredging,
grounding of large vessels, deployment
VerDate Mar<15>2010
18:42 Aug 05, 2011
Jkt 223001
of barge spuds, etc. Such damage could
disrupt the function or impact the
effectiveness of the cap to contain the
underlying contaminated sediment and
shoreline soil in these areas. As such,
this RNA is necessary to help ensure the
cap is protected and will do so by
prohibiting certain maritime activities
that could disturb or damage it.
The engineered sediment cap will
also reduce the depth of the water close
to the west bank of the Willamette River
and, as a result, may limit some vessels
from using that area of the river.
Discussion of Proposed Rule
The proposed rule would create an
RNA covering all waters adjacent to the
Zidell Waterfront Property on the
Willamette River extending from the
west bank of the river out 200 to 400
feet into the river depending on the
exact location between approximate
river mile 14.2 near the Ross Island
Bridge and approximate river mile 13.5
near the Marquam Bridge.
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
RNA is limited in size and will not limit
vessels from transiting or using the
waters covered, except for activities that
may damage the engineered sediment
cap.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
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
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48071
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 area
covered by the RNA. The RNA would
not have a significant economic impact
on a substantial number of small
entities, however, because the RNA is
limited in size and will not limit vessels
from transiting or using the waters
covered, except for activities that may
damage the engineered sediment cap.
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
Division, Marine Safety Unit Portland,
Coast Guard; 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
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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.
Taking of Private Property
This proposed rule would not cause 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.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
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.
VerDate Mar<15>2010
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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 that 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 the creation of 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,
Waterways.
For the reasons discussed 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: 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.
§ 165.1337 Regulated Navigation Area,
Zidell Waterfront Property, Willamette River,
OR.
(a) Regulated Navigation Area. The
following area is a regulated navigation
area: All waters within the area
bounded by the following points:
45°29′55.12″ N/122°40′2.19″ W; thence
continuing to 45°29′55.14″ N/
122°39′59.36″ W; thence continuing to
45°29′56.30″ N/122°39′59.09″ W; thence
continuing to 45°29′57.51″ N/
122°39′59.64″ W; thence continuing to
45°29′58.72″ N/122°39′59.64″ W; thence
continuing to 45°30′0.52″ N/
122°39′59.94″ W; thence continuing to
45°30′1.95″ N/122°40′0.46″ W; thence
continuing to 45°30′3.44″ N/
122°40′0.78″ W; thence continuing to
45°30′4.87″ N/122°40′0.95″ W; thence
continuing to 45°30′7.33″ N/
122°40′1.80″ W; thence continuing to
45°30′8.11″ N/122°40′2.69″ W; thence
continuing to 45°30′8.83″ N/
122°40′3.81″ W; thence continuing to
45°30′13.06″ N/122°40′5.39″ W; thence
continuing to 45°30′15.30″ N/
122°40′6.93″ W; thence continuing to
45°30′17.78″ N/122°40′8.16″ W; thence
continuing to 45°30′20.53″ N/
122°40′9.07″ W; thence continuing to
45°30′20.90″ N/122° 40′11.52″ W;
thence continuing to 45°30′24.04″ N/
122°40′12.53″ W; thence continuing to
45°30′23.79″ N/122°40′14.87″ W; thence
continuing along the shoreline to
45°29′55.12″ N/122°40′2.19″ W.
Geographically the regulated
navigation area covers all waters
adjacent to the Zidell Waterfront
Property on the Willamette River
extending from the west bank of the
river out 200 to 400 feet into the river
depending on the exact location
between approximate river mile 14.2
near the Ross Island Bridge and
approximate river mile 13.5 near the
Marquam Bridge.
(b) Regulations. All vessels are
prohibited from anchoring, dragging,
dredging, or trawling in the regulated
navigation area established by this
section. See 33 CFR part 165 subpart B
for additional information and
requirements.
Dated: July 6, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2011–19986 Filed 8–5–11; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.1337 to read as follows:
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Agencies
[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48070-48072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19986]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0254]
RIN 1625-AA11
Regulated Navigation Area, Zidell Waterfront Property, Willamette
River, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes the establishment of a Regulated
Navigation Area (RNA) at the Zidell Waterfront Property located on the
Willamette River in Portland, Oregon. This RNA 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 RNA will do so by prohibiting activities that could
disturb or damage the engineered sediment cap.
DATES: Comments and related material must be received by the Coast
Guard on or before November 7, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0254 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 Division,
Marine Safety Unit Portland, Coast Guard; 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-2011-0254), 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0254'' in the ``Keyword'' box.
Click ``Search'' 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\1/2\; 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
[[Page 48071]]
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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0254'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' 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 on or before September 7, 2011 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.
Basis and Purpose
The Zidell Waterfront Property is placing an engineered sediment
cap over contaminated sediments adjacent to the west bank of the
Willamette River between approximate river miles 13.5 and 14.2 as part
of an Oregon Department of Environmental Quality (DEQ) required
remedial action. Geographically this location starts at approximately
the West bank of the Marquam Bridge and continues southerly, along the
west bank of the Willamette River to the North end of Ross Island.
The engineered sediment cap is designed to be compatible with
normal port operations, but could be damaged by other maritime
activities including anchoring, dragging, dredging, grounding of large
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 shoreline soil in these areas. As
such, this RNA is necessary to help ensure the cap is protected and
will do so by prohibiting certain maritime activities that could
disturb or damage it.
The engineered sediment cap will also reduce the depth of the water
close to the west bank of the Willamette River and, as a result, may
limit some vessels from using that area of the river.
Discussion of Proposed Rule
The proposed rule would create an RNA covering all waters adjacent
to the Zidell Waterfront Property on the Willamette River extending
from the west bank of the river out 200 to 400 feet into the river
depending on the exact location between approximate river mile 14.2
near the Ross Island Bridge and approximate river mile 13.5 near the
Marquam Bridge.
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 RNA is limited in size
and will not limit vessels from transiting or using the waters covered,
except for activities that may damage the engineered sediment cap.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered 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 area covered by the RNA. The RNA
would not have a significant economic impact on a substantial number of
small entities, however, because the RNA is limited in size and will
not limit vessels from transiting or using the waters covered, except
for activities that may damage the engineered sediment cap.
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 Division, Marine Safety Unit Portland, Coast Guard;
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
[[Page 48072]]
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.
Taking of Private Property
This proposed rule would not cause 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 that 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 the creation of 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, Waterways.
For the reasons discussed 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: 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. 165.1337 to read as follows:
Sec. 165.1337 Regulated Navigation Area, Zidell Waterfront Property,
Willamette River, OR.
(a) Regulated Navigation Area. The following area is a regulated
navigation area: All waters within the area bounded by the following
points: 45[deg]29'55.12'' N/122[deg]40'2.19'' W; thence continuing to
45[deg]29'55.14'' N/122[deg]39'59.36'' W; thence continuing to
45[deg]29'56.30'' N/122[deg]39'59.09'' W; thence continuing to
45[deg]29'57.51'' N/122[deg]39'59.64'' W; thence continuing to
45[deg]29'58.72'' N/122[deg]39'59.64'' W; thence continuing to
45[deg]30'0.52'' N/122[deg]39'59.94'' W; thence continuing to
45[deg]30'1.95'' N/122[deg]40'0.46'' W; thence continuing to
45[deg]30'3.44'' N/122[deg]40'0.78'' W; thence continuing to
45[deg]30'4.87'' N/122[deg]40'0.95'' W; thence continuing to
45[deg]30'7.33'' N/122[deg]40'1.80'' W; thence continuing to
45[deg]30'8.11'' N/122[deg]40'2.69'' W; thence continuing to
45[deg]30'8.83'' N/122[deg]40'3.81'' W; thence continuing to
45[deg]30'13.06'' N/122[deg]40'5.39'' W; thence continuing to
45[deg]30'15.30'' N/122[deg]40'6.93'' W; thence continuing to
45[deg]30'17.78'' N/122[deg]40'8.16'' W; thence continuing to
45[deg]30'20.53'' N/122[deg]40'9.07'' W; thence continuing to
45[deg]30'20.90'' N/122[deg] 40'11.52'' W; thence continuing to
45[deg]30'24.04'' N/122[deg]40'12.53'' W; thence continuing to
45[deg]30'23.79'' N/122[deg]40'14.87'' W; thence continuing along the
shoreline to 45[deg]29'55.12'' N/122[deg]40'2.19'' W.
Geographically the regulated navigation area covers all waters
adjacent to the Zidell Waterfront Property on the Willamette River
extending from the west bank of the river out 200 to 400 feet into the
river depending on the exact location between approximate river mile
14.2 near the Ross Island Bridge and approximate river mile 13.5 near
the Marquam Bridge.
(b) Regulations. All vessels are prohibited from anchoring,
dragging, dredging, or trawling in the regulated navigation area
established by this section. See 33 CFR part 165 subpart B for
additional information and requirements.
Dated: July 6, 2011.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2011-19986 Filed 8-5-11; 8:45 am]
BILLING CODE 9110-04-P