Anchorage; Change to Cottonwood Island Anchorage, Columbia River, Oregon and Washington, 30440-30443 [2012-12456]
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules
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Persons interested in being placed on
a mailing list for future NPRMs should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, to request a copy of
Advisory circular No. 11–2A, Notice of
Proposed Rulemaking distribution
System, which describes the application
procedure.
The Proposal
The FAA is considering an
amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish
Class E airspace at Apopka, FL,
providing the controlled airspace
required to support the RNAV GPS
standard instrument approach
procedures for Orlando Apopka Airport.
Controlled airspace extending upward
from 700 feet above the surface would
be established for the safety and
management of IFR operations at the
airport.
Class E airspace designations are
published in Paragraph 6005 of FAA
Order 7400.9V, dated August 9, 2011,
and effective September 15, 2011, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated,
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This proposed
rulemaking is promulgated under the
authority described in Subtitle VII, Part,
A, Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This proposed regulation is
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within the scope of that authority as it
would establish Class E airspace at
Orlando Apopka Airport, Apopka, FL.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
DEPARTMENT OF HOMELAND
SECURITY
Lists of Subjects in 14 CFR Part 71
Anchorage; Change to Cottonwood
Island Anchorage, Columbia River,
Oregon and Washington
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, effective
September 15, 2011, is amended as
follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
ASO FL E5
*
*
*
Apopka, FL [New]
Orlando Apopka Airport, FL
(Lat. 28°42′27″ N., long. 81°34′55″ W.)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of Orlando Apopka Airport.
Issued in College Park, Georgia, on May 16,
2012.
Michael D. Wagner,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2012–12550 Filed 5–22–12; 8:45 am]
BILLING CODE 4910–13–P
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33 CFR Part 110
[Docket No. USCG–2011–0348]
RIN 1625–AA01
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
§ 71.1
Coast Guard
The Coast Guard is revising
its proposed rule to increase the
availability of designated anchorages on
the Columbia River. In response to
comments on its prior proposal, the
Coast Guard proposes a smaller
extension of the Cottonwood Island
Anchorage than that originally
proposed, and the creation of a new
anchorage area upriver from the center
of the City of Prescott, OR.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 22, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0348 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 email ENS Ian McPhillips,
Waterways Management Branch, Coast
Guard Marine Safety Unit Portland;
telephone 503–240–9319, email
Ian.P.McPhillips@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.
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules
0348’’ 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.
SUPPLEMENTARY INFORMATION:
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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–2011–0348),
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
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand delivery, 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 email 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–
2011–0348’’ 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 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 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–
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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.
Basis and Purpose
The Captain of the Port Columbia
River believes that the size of the
Cottonwood Island Anchorage is
insufficient as currently established
based on both the current demand for
anchorage grounds and the forecasted
growth of vessel traffic on the Columbia
River. Sufficient anchorage area, both in
number and size, is especially important
in this area because of the unpredictable
hazardous conditions of the Columbia
River Bar, which at times prevents
vessels from safely navigating
downriver. This rule would increase the
size of the current Cottonwood Island
Anchorage and create a new anchorage
on the Columbia River.
Discussion of Comments and Changes
In June of 2011 the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) that proposed the
expansion of the Cottonwood Island
Anchorage to river mile 72–26. This
NPRM received a total of eleven
comments. Nine comments were made
in support of the new change to the
Cottonwood Island Anchorage area.
Two comments, made by a consortium
of local land owners, expressed
concerns that vessels anchoring in the
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parts of the proposed anchorage near
residential areas ashore could negatively
impact air quality, noise levels, and
property values. The distance between
the shore-side boundary of the
anchorage and the shore in this
residential area is less than 70 feet.
To address the stated issues the Coast
Guard proposes a smaller extension of
the Cottonwood Island Anchorage than
that originally proposed and the
creation of a new anchorage area upriver
from the center of the City of Prescott,
OR. The resulting anchorage grounds
would not include the waters off of the
residential areas that prompted the two
comments by land owners.
This revised proposed rule would
extend the east side of the existing
Cottonwood Island Anchorage to river
mile 71–08. The newly created Prescott
Anchorage would be located between
the Oregon side of the Columbia River
channel and the Oregon shore. It would
extend approximately from river mile
72–05 to river mile 72–26.
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 proposed rule is not
significant because the modification of
the existing anchorage and
establishment of a new anchorage area
should not have any significant costs or
impacts on maritime activities
associated with it.
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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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules
entities because the modification of an
existing anchorage and the creation of a
new anchorage does not have any
significant costs or impacts on maritime
activities associated with it.
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 the
Waterways Management Branch, Coast
Guard Marine Safety Unit Portland,
Oregon, telephone 503–240–9319. 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.
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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.
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Taking of Private Property
This proposed rule would not affect 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
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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 0023.1
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 increasing the size of an
anchorage and creating a new anchorage
area, which is categorically excluded,
under Figure 2–1, paragraph 34(f) of the
Instruction. 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 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 110.228(a)(10) and (11) to
read as follows:
§ 110.228 Columbia River, Oregon and
Washington.
(a) * * *
(10) Cottonwood Island Anchorage.
The waters of the Columbia River
bounded by a line connecting the
following points:
46°05′56.88″ N
46°05′14.06″ N
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122°54′45.71″ W
Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules
46°04′57.12″
46°04′37.55″
46°04′13.72″
46°03′54.94″
46°03′34.96″
46°03′11.61″
46°03′10.94″
46°03′32.06″
46°03′50.84″
46°04′08.10″
46°04′29.41″
46°04′49.89″
46°05′06.95″
46°05′49.77″
N
N
N
N
N
N
N
N
N
N
N
N
N
N
122°54′12.41″
122°53′45.80″
122°53′23.66″
122°53′11.81″
122°53′03.17″
122°52′56.29″
122°53′10.55″
122°53′19.69″
122°53′27.81″
122°53′38.70″
122°53′58.17″
122°54′21.57″
122°54′50.65″
122°56′58.12″
W
W
W
W
W
W
W
W
W
W
W
W
W
W
(11) Prescott Anchorage. The waters
of the Columbia River bounded by a line
connecting the following points:
46°02′47.01″
46°02′26.32″
46°02′25.92″
46°02′46.54″
N
N
N
N
122°52′53.90″
122°52′51.89″
122°53′00.38″
122°53′03.87″
W
W
W
W
(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.
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions on this proposed
rule, call or email LT Christopher
Mercurio, Chief of Waterway
Management, U.S. Coast Guard Sector
Buffalo; telephone 716–843–9343, email
SectorBuffaloMarineSafety@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:
Coast Guard
Public Participation and Request for
Comments
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
*
Dated: May 18, 2012.
A.T. Ewalt,
Captain, U.S. Coast Guard, Acting
Commander, Thirteenth Coast Guard District.
[FR Doc. 2012–12456 Filed 5–22–12; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket No. USCG–2012–0353]
RIN 1625–AA00
Safety Zone; Alexandria Bay Chamber
of Commerce, St. Lawrence River,
Alexandria Bay, NY
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.
AGENCY:
Submitting Comments
ACTION:
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0353),
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
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 email address,
or a telephone number in the body of
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a temporary safety zone on the
St. Lawrence River, Alexandria Bay, NY.
This proposed rule is intended to
restrict vessels from a portion of the St.
Lawrence River during the Alexandria
Bay Chamber of Commerce fireworks
display. The safety zone established by
this proposed rule is necessary to
protect spectators and vessels from the
hazards associated with a fireworks
display.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 7, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0353 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
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DATES:
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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, type the
docket number USCG–2012–0353 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
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
change the proposed 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, type the
docket number USCG–2012–0353 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rulemaking. 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.
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]]>Agencies
[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Proposed Rules]
[Pages 30440-30443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12456]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2011-0348]
RIN 1625-AA01
Anchorage; Change to Cottonwood Island Anchorage, Columbia River,
Oregon and Washington
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is revising its proposed rule to increase the
availability of designated anchorages on the Columbia River. In
response to comments on its prior proposal, the Coast Guard proposes a
smaller extension of the Cottonwood Island Anchorage than that
originally proposed, and the creation of a new anchorage area upriver
from the center of the City of Prescott, OR.
DATES: Comments and related material must be received by the Coast
Guard on or before June 22, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0348 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 email ENS Ian McPhillips, Waterways Management Branch,
Coast Guard Marine Safety Unit Portland; telephone 503-240-9319, email
Ian.P.McPhillips@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.
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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-2011-0348), 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 www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand delivery, 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 email 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-2011-0348'' 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\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 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-2011-0348'' 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 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 Captain of the Port Columbia River believes that the size of
the Cottonwood Island Anchorage is insufficient as currently
established based on both the current demand for anchorage grounds and
the forecasted growth of vessel traffic on the Columbia River.
Sufficient anchorage area, both in number and size, is especially
important in this area because of the unpredictable hazardous
conditions of the Columbia River Bar, which at times prevents vessels
from safely navigating downriver. This rule would increase the size of
the current Cottonwood Island Anchorage and create a new anchorage on
the Columbia River.
Discussion of Comments and Changes
In June of 2011 the Coast Guard published a Notice of Proposed Rule
Making (NPRM) that proposed the expansion of the Cottonwood Island
Anchorage to river mile 72-26. This NPRM received a total of eleven
comments. Nine comments were made in support of the new change to the
Cottonwood Island Anchorage area. Two comments, made by a consortium of
local land owners, expressed concerns that vessels anchoring in the
parts of the proposed anchorage near residential areas ashore could
negatively impact air quality, noise levels, and property values. The
distance between the shore-side boundary of the anchorage and the shore
in this residential area is less than 70 feet.
To address the stated issues the Coast Guard proposes a smaller
extension of the Cottonwood Island Anchorage than that originally
proposed and the creation of a new anchorage area upriver from the
center of the City of Prescott, OR. The resulting anchorage grounds
would not include the waters off of the residential areas that prompted
the two comments by land owners.
This revised proposed rule would extend the east side of the
existing Cottonwood Island Anchorage to river mile 71-08. The newly
created Prescott Anchorage would be located between the Oregon side of
the Columbia River channel and the Oregon shore. It would extend
approximately from river mile 72-05 to river mile 72-26.
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 proposed rule is not
significant because the modification of the existing anchorage and
establishment of a new anchorage area should not have any significant
costs or impacts on maritime activities associated with it.
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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entities because the modification of an existing anchorage and the
creation of a new anchorage does not have any significant costs or
impacts on maritime activities associated with it.
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 the Waterways Management Branch,
Coast Guard Marine Safety Unit Portland, Oregon, telephone 503-240-
9319. 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 affect 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 0023.1 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 increasing the size of an anchorage and creating a new
anchorage area, which is categorically excluded, under Figure 2-1,
paragraph 34(f) of the Instruction. 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 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1(g); Department of Homeland Security Delegation No.
0170.1.
2. Revise Sec. 110.228(a)(10) and (11) to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(10) Cottonwood Island Anchorage. The waters of the Columbia River
bounded by a line connecting the following points:
46[deg]05'56.88'' N 122[deg]56'53.19'' W
46[deg]05'14.06'' N 122[deg]54'45.71'' W
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46[deg]04'57.12'' N 122[deg]54'12.41'' W
46[deg]04'37.55'' N 122[deg]53'45.80'' W
46[deg]04'13.72'' N 122[deg]53'23.66'' W
46[deg]03'54.94'' N 122[deg]53'11.81'' W
46[deg]03'34.96'' N 122[deg]53'03.17'' W
46[deg]03'11.61'' N 122[deg]52'56.29'' W
46[deg]03'10.94'' N 122[deg]53'10.55'' W
46[deg]03'32.06'' N 122[deg]53'19.69'' W
46[deg]03'50.84'' N 122[deg]53'27.81'' W
46[deg]04'08.10'' N 122[deg]53'38.70'' W
46[deg]04'29.41'' N 122[deg]53'58.17'' W
46[deg]04'49.89'' N 122[deg]54'21.57'' W
46[deg]05'06.95'' N 122[deg]54'50.65'' W
46[deg]05'49.77'' N 122[deg]56'58.12'' W
(11) Prescott Anchorage. The waters of the Columbia River bounded
by a line connecting the following points:
46[deg]02'47.01'' N 122[deg]52'53.90'' W
46[deg]02'26.32'' N 122[deg]52'51.89'' W
46[deg]02'25.92'' N 122[deg]53'00.38'' W
46[deg]02'46.54'' N 122[deg]53'03.87'' W
* * * * *
Dated: May 18, 2012.
A.T. Ewalt,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-12456 Filed 5-22-12; 8:45 am]
BILLING CODE 9110-04-P
