Safety Zone; CBWTP Outfall Diffuser Improvements, Columbia River, Portland, OR, 47044-47046 [2021-17911]
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules
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jbell on DSKJLSW7X2PROD with PROPOSALS
Agenda for the Meeting
Issued in Washington DC, on August 16,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–17929 Filed 8–20–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0647]
RIN 1625–AA00
Safety Zone; CBWTP Outfall Diffuser
Improvements, Columbia River,
Portland, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain navigable waters of the
Columbia River. This action is necessary
to provide for the safety of life on these
navigable waters near Portland, OR, at
Columbia River Mile 105.6 from October
1, 2021, through February 28, 2022. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Sector Columbia
River or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 7, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0647 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LCDR Sean
Morrison, Waterways Management
Division, Marine Safety Unit Portland,
U.S. Coast Guard; telephone 503–240–
9319, email D13-SMBMSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
—Presentation of Meeting Procedures
—Informal Presentation of the planned
Class C Airspace area
—Public Presentations and Discussions
—Closing Comments
I. Table of Abbreviations
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O.10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On July 20, 2021, Ballard Marine
Construction notified the Coast Guard
that it would begin construction for
their CBWTP Outfall Diffuser
Improvements Project from 12:01 a.m.
on October 1, 2021, through 11:59 p.m.
on February 28, 2022, to remove and
replace existing pipeline along with
dredging operations. The construction
project includes the two Outfall
easements (001 and 003) being dredged
with diver assistance to expose existing
risers and diffusers. The existing risers
and diffuser valves will be removed and
disposed of. In their place, longer risers
will be attached along with new diffuser
valves. Additionally, the Outfalls will
be dredged to remove the treated
effluent that has settled inside the main
trunk lines if needed. All diver work
will be supported by a floating crane
barge approximately 50 feet by 185 feet
that will be anchored during the
duration of work upon each of the two
specified Outfalls and will be moved
within the zone approximately four
times. The Captain of the Port Sector
Columbia River (COTP) has determined
that potential hazards associated with
the construction project would be a
safety concern for anyone within the
designated area of the CBWTP Outfall
Diffuser Improvements.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the designated
area of the CBWTP Outfall Diffuser
Improvements construction project. The
Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from October 1, 2021,
through February 28, 2022. The safety
zone would cover all navigable waters
of the Columbia River, surface to
bottom, approximately 300 yards to the
east and west side of the Burlington
Northern Railroad Bridge on the Oregon
side of the Columbia River from the
shoreline to the outside of the main
navigational channel; specifically
beginning at the shoreline at 45°37′26.2″
N, 122°41′46.91″ W, northeast to
45°37′33.206″ N, 122°41′37.699″ W,
southeast to 45°37′23.4″ N, 122°41′18.1″
W, thence southwest to 45°37′16.27″ N,
122°41′30.75″ W, and along the
shoreline back to the beginning point.
The duration of the zone is intended to
ensure the safety of vessels and these
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules
navigable waters while the construction
is underway. No vessel or person would
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the COTP to act on his behalf, or a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Columbia River in the
enforcement of the safety zone. Vessel
operators desiring to enter or operate
with the safety zone would contact the
COTP’s on-scene designated
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone would comply with
all lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
jbell on DSKJLSW7X2PROD with PROPOSALS
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the Columbia River during the
construction project. Moreover, the
Coast Guard would issue a Notice to
Mariners about the zone, and the rule
would allow vessels to seek permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
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16:56 Aug 20, 2021
Jkt 253001
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
PO 00000
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Fmt 4702
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47045
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone lasting 85
days that would prohibit vessel traffic to
transit the area during construction
operations. Normally such actions are
categorically excluded from further
review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Proposed Rules
jeopardizing the safety or security of
people, places, or vessels.
■
2. Add § 165.T13–0647 to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive. If
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
§ 165.T13–0647 Safety Zones: Safety Zone;
CBWTP Outfall Diffuser Improvements,
Columbia River, Portland, OR.
40 CFR Part 52
jbell on DSKJLSW7X2PROD with PROPOSALS
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(a) Location. The following area is a
safety zone: All navigable waters of the
Columbia River, surface to bottom,
encompassed by a line connecting the
following points beginning at the
shoreline at 45°37′26.2″ N,
122°41′46.91″ W, northeast to
45°37′33.206″ N, 122°41′37.699″ W,
southeast to 45°37′23.4″ N, 122°41′18.1″
W, thence southwest to 45°37′16.27″ N,
122°41′30.75″ W, and along the
shoreline back to the beginning point.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Columbia River in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (503) 209–2468
or the Sector Columbia River Command
Center on Channel 16 VHF–FM. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This safety
zone is in effect from 12:01 a.m. on
October 1, 2021, through 11:59 p.m. on
February 28, 2022. It will be subject to
enforcement this entire period unless
the Captain of the Port, Sector Columbia
River determines it is no longer needed,
in which case the Coast Guard will
inform mariners via Notice to Mariners.
Dated: August, 17, 2021.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2021–17911 Filed 8–20–21; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1, Revision No. 01.2.
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[EPA–R09–OAR–2021–0438; FRL–8773–01–
Region 9]
Limited Approval and Limited
Disapproval of California Air Quality
Implementation Plan Revisions;
Amador Air District; Stationary Source
Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing a limited
approval and limited disapproval of a
revision to the Amador Air District’s
(AAD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). This revision governs the
District’s issuance of permits for
stationary sources, and focuses on the
preconstruction review and permitting
of major sources and major
modifications under part D of title I of
the Clean Air Act (CAA or ‘‘the Act’’).
We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Comments must be received on
or before September 22, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0438 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Proposed Rules]
[Pages 47044-47046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17911]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0647]
RIN 1625-AA00
Safety Zone; CBWTP Outfall Diffuser Improvements, Columbia River,
Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the Columbia River. This action is
necessary to provide for the safety of life on these navigable waters
near Portland, OR, at Columbia River Mile 105.6 from October 1, 2021,
through February 28, 2022. This proposed rulemaking would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Sector Columbia River or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 7, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0647 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Sean Morrison, Waterways
Management Division, Marine Safety Unit Portland, U.S. Coast Guard;
telephone 503-240-9319, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On July 20, 2021, Ballard Marine Construction notified the Coast
Guard that it would begin construction for their CBWTP Outfall Diffuser
Improvements Project from 12:01 a.m. on October 1, 2021, through 11:59
p.m. on February 28, 2022, to remove and replace existing pipeline
along with dredging operations. The construction project includes the
two Outfall easements (001 and 003) being dredged with diver assistance
to expose existing risers and diffusers. The existing risers and
diffuser valves will be removed and disposed of. In their place, longer
risers will be attached along with new diffuser valves. Additionally,
the Outfalls will be dredged to remove the treated effluent that has
settled inside the main trunk lines if needed. All diver work will be
supported by a floating crane barge approximately 50 feet by 185 feet
that will be anchored during the duration of work upon each of the two
specified Outfalls and will be moved within the zone approximately four
times. The Captain of the Port Sector Columbia River (COTP) has
determined that potential hazards associated with the construction
project would be a safety concern for anyone within the designated area
of the CBWTP Outfall Diffuser Improvements.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the designated area of the CBWTP
Outfall Diffuser Improvements construction project. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from October 1,
2021, through February 28, 2022. The safety zone would cover all
navigable waters of the Columbia River, surface to bottom,
approximately 300 yards to the east and west side of the Burlington
Northern Railroad Bridge on the Oregon side of the Columbia River from
the shoreline to the outside of the main navigational channel;
specifically beginning at the shoreline at 45[deg]37'26.2'' N,
122[deg]41'46.91'' W, northeast to 45[deg]37'33.206'' N,
122[deg]41'37.699'' W, southeast to 45[deg]37'23.4'' N,
122[deg]41'18.1'' W, thence southwest to 45[deg]37'16.27'' N,
122[deg]41'30.75'' W, and along the shoreline back to the beginning
point. The duration of the zone is intended to ensure the safety of
vessels and these
[[Page 47045]]
navigable waters while the construction is underway. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. A designated
representative means any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the COTP to act on his behalf, or a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Columbia River in the enforcement of the
safety zone. Vessel operators desiring to enter or operate with the
safety zone would contact the COTP's on-scene designated representative
by calling (503) 209-2468 or the Sector Columbia River Command Center
on Channel 16 VHF-FM. Those in the safety zone would comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Columbia River during the
construction project. Moreover, the Coast Guard would issue a Notice to
Mariners about the zone, and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 85 days that would prohibit vessel traffic to transit the
area during construction operations. Normally such actions are
categorically excluded from further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without
[[Page 47046]]
jeopardizing the safety or security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. If you go to the online docket and sign up for email alerts,
you will be notified when comments are posted or a final rule is
published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.
0
2. Add Sec. 165.T13-0647 to read as follows:
Sec. 165.T13-0647 Safety Zones: Safety Zone; CBWTP Outfall Diffuser
Improvements, Columbia River, Portland, OR.
(a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, surface to bottom, encompassed by a line
connecting the following points beginning at the shoreline at
45[deg]37'26.2'' N, 122[deg]41'46.91'' W, northeast to
45[deg]37'33.206'' N, 122[deg]41'37.699'' W, southeast to
45[deg]37'23.4'' N, 122[deg]41'18.1'' W, thence southwest to
45[deg]37'16.27'' N, 122[deg]41'30.75'' W, and along the shoreline back
to the beginning point.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Columbia River in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (503) 209-2468 or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This safety zone is in effect from 12:01
a.m. on October 1, 2021, through 11:59 p.m. on February 28, 2022. It
will be subject to enforcement this entire period unless the Captain of
the Port, Sector Columbia River determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.
Dated: August, 17, 2021.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2021-17911 Filed 8-20-21; 8:45 am]
BILLING CODE 9110-04-P
