Establish Anchorage Ground; Port Westward Anchorage, Columbia River, Oregon and Washington, 89644-89646 [2023-28652]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
89644
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
occur in taxable years ending on or after
(B) A financial statement that is
December 28, 2023.
required to be provided to a bank
regulator;
Douglas W. O’Donnell,
(C) In the case of an insurance
Deputy Commissioner for Services and
company, a financial statement based on Enforcement.
Generally Accepted Accounting
[FR Doc. 2023–28589 Filed 12–27–23; 8:45 am]
Principles that is given to creditors for
BILLING CODE 4830–01–P
purposes of making lending decisions,
given to equity holders for purposes of
evaluating their investments in the
regulated financial company or member DEPARTMENT OF HOMELAND
SECURITY
of a regulated financial group, or
provided for other substantial non-tax
Coast Guard
purposes, and that the regulated
financial company or member of a
33 CFR Part 110
regulated financial group reasonably
anticipates will be directly relied on for [USCG–2023–0749]
the purposes for which it was given or
RIN 1625–AA01
provided and that is prepared
contemporaneously with a financial
Establish Anchorage Ground; Port
statement prepared in accordance with
Westward Anchorage, Columbia River,
the standards set out by the National
Oregon and Washington
Association of Insurance Commissioners
and filed with the insurance regulatory
AGENCY: Coast Guard, Department of
authorities of a State that is the
Homeland Security (DHS).
principal insurance regulator of the
ACTION: Notice of proposed rulemaking.
insurance company; and
SUMMARY: The Coast Guard is
(D) In the case of an insurance
considering establishing an anchorage
company, a financial statement that is
ground near Port Westward, Oregon in
prepared in accordance with the
the Columbia River. We are considering
standards set out by the National
Association of Insurance Commissioners this action after receiving requests
suggesting that this anchorage ground is
and filed with the insurance regulatory
necessary to provide for the safe
authorities of a State that is the
anchoring of commercial vessels in the
principal insurance regulator of the
navigable waters of the Lower Columbia
insurance company.
River. We invite your comments on this
(x) Bank regulator. The term bank
proposed rulemaking.
regulator means the Office of the
DATES: Comments and related material
Comptroller of the Currency, the Board
must be received by the Coast Guard on
of Governors of the Federal Reserve
or before February 26, 2024.
System and any Federal Reserve Bank,
ADDRESSES: You may submit comments
the Federal Deposit Insurance
identified by docket number USCG–
Corporation, the Farm Credit
2023–0749 using the Federal DecisionAdministration, the Federal Housing
Making Portal at https://
Finance Authority, any successor to any
www.regulations.gov. See the ‘‘Public
of the foregoing entities, or State
Participation and Request for
banking authorities maintaining
Comments’’ portion of the
substantially equivalent standards as
SUPPLEMENTARY INFORMATION section for
these Federal regulatory authorities.
further instructions on submitting
Additional entities included in this
comments.
paragraph (d)(4)(x) may be provided in
FOR FURTHER INFORMATION CONTACT: If
guidance published in the Internal
you have questions about this proposed
Revenue Bulletin (see
rulemaking, call or email LT Carlie
§ 601.601(d)(2)(ii)(a) of this chapter).
Gilligan, Sector Columbia River
(5) Applicability date. Paragraph (d) of
Waterways Management Division, U.S.
this section applies to charge-offs made
Coast Guard, 503–240–9319, email
by a regulated financial company or a
SCRWWM@uscg.mil.
member of a regulated financial group
SUPPLEMENTARY
INFORMATION:
on its applicable financial statement
that occur in taxable years ending on or
I. Table of Abbreviations
after [DATE OF FINAL RULE]. A
CFR Code of Federal Regulations
regulated financial company or a
DHS Department of Homeland Security
member of a regulated financial group
FR Federal Register
may choose to apply paragraph (d) of
NPRM Notice of proposed rulemaking
this section to charge-offs on its
§ Section
applicable financial statement that
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
Under Title 33 of the Code of Federal
Regulations (CFR) 109.05, U.S. Coast
Guard District Commanders are
delegated the authority to establish
anchorage grounds by the Commandant
of the U.S. Coast Guard. The Coast
Guard establishes anchorage grounds
under Section 7 of the Act of March 4,
1915, as amended (38 Stat. 1053; 46
U.S.C. 70006) and places these
regulations in Title 33 CFR part 110,
subpart B. The Coast Guard is proposing
the rulemaking to establish a Port
Westward anchorage ground in the
Columbia River.
In the last several years, the Columbia
River Marine Transportation System has
seen an increase in commercial traffic
and vessel size, thus creating a concern
for anchorage capacity within the river
system. The Columbia River Steamship
Operators Association and the Columbia
River Pilots have formally requested the
Coast Guard review and evaluate the
establishment of this new anchorage
ground to address the safety and
navigation concerns with the expanding
vessel traffic in the Lower Columbia
River.
The purpose of this rulemaking is to
establish a Federal anchorage ground in
the Lower Columbia River that would be
maintained and used by commercial
vessels. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish a new anchorage ground in the
vicinity of Port Westward, in the Lower
Columbia River. The anticipated users
of the proposed anchorage ground are
commercial vessels and their attending
tug, tow, or push boats. The
approximate depth of this proposed
anchorage ground would be 43 feet to
align with the Federal channel depth
and would accommodate a variety of
vessel types and configurations. An
illustration showing the location of the
proposed anchorage ground is available
in the docket.
When the Columbia River Federal
channel was deepened in 2010, the size
and draft of commercial vessels was
increased, but the anchorage capacity
within the river system was not. The
vessels transiting in the Columbia River
system now are longer and have deeper
drafts than before the channel was
deepened. Having larger vessels, and
increased transit frequency causes
concern for safe navigation and
emergency situations with limited
anchorage capacity. The proposed Port
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
Westward anchorage ground would
double the anchorage capacity in
Longview, WA, for larger vessels, and
allow the pilots to spread out distances
between ships during storms or high
wind events. The increased anchorage
capacity in the Columbia River would
also alleviate concern for anchorage
availability for vessels experiencing
emergencies or needing a harbor of safe
refuge. 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.
khammond on DSKJM1Z7X2PROD 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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the location and size of the
proposed anchorage ground, as well as
the vessel traffic and anchoring data
provided by the Coast Guard Navigation
Center. The regulation would ensure
approximately 0.336 square miles of
anchorage grounds are designated to
provide necessary commercial deep
draft anchorages and enhance the
navigational safety of commercial
vessels transiting to, from, and within
the Columbia River. The impact on
routine navigation is expected to be
minimal because the proposed
anchorage ground is located outside the
Federal channel and is consistent with
current anchorage habits. When not
occupied, vessels would be able to
maneuver in, around, and through the
anchorages.
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
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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 use the anchorage
ground may be mall entities, for 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 proposed 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
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89645
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
potential effects of this proposed 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 establishing an anchorage
ground, Port Westward Anchorage, in
an area traditionally used by
commercial ships for anchoring in the
Lower Columbia River system; and
increasing the anchorage capacity of the
river system. Normally such actions are
categorically excluded from further
review under paragraph L59(a) 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.
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
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0749 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
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.
Personal information. 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 to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
khammond on DSKJM1Z7X2PROD with PROPOSALS
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard is proposing
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. 2071; 46 U.S.C.
70006, 70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
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2. Add § 110.228 (a)(14) to subpart B
to read as follows:
■
§ 110.228 Columbia River, Oregon and
Washington.
(a) * * *
(14) Port Westward Anchorage. All
waters in the vicinity of Port Westward,
Oregon, bound by a line connecting the
following points:
Latitude
46°10′16.80″
46°10′48.60″
46°10′43.20″
46°09′59.40″
.................
.................
.................
.................
Longitude
123°12′58.80″
123°11′25.20″
123°11′21.60″
123°12′46.80″
Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2023–28652 Filed 12–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[USCG–2023–0485]
RIN 1625–AA01
Establish Anchorage Ground; Rice
Island Anchorage, Columbia River,
Oregon and Washington
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is
considering establishing an anchorage
ground near Rice Island, Oregon in the
Columbia River. We are considering this
action after receiving requests
suggesting that this anchorage ground is
necessary to provide for the safe
anchoring of commercial vessels in the
navigable waters of the Lower Columbia
River. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before February 26, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0485 using the Federal DecisionMaking 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
SUMMARY:
PO 00000
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rulemaking, call or email LT Carlie
Gilligan, Sector Columbia River
Waterways Management Division, U.S.
Coast Guard, 503–240–9319, email
SCRWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Under Title 33 of the Code of Federal
Regulations (CFR) 109.05, U.S. Coast
Guard District Commanders are
delegated the authority to establish
anchorage grounds by the Commandant
of the U.S. Coast Guard. The Coast
Guard establishes anchorage grounds
under Section 7 of the Act of March 4,
1915, as amended (38 Stat. 1053; 46
U.S.C. 70006) and places these
regulations in Title 33 CFR part 110,
subpart B. The Coast Guard is proposing
the rulemaking to establish a Rice Island
anchorage ground in the Columbia
River.
In the last several years, the Columbia
River Marine Transportation System has
seen an increase in commercial traffic
and vessel size, thus creating a concern
for anchorage capacity within the river
system. The Columbia River Steamship
Operators Association and the Columbia
River Pilots have formally requested the
Coast Guard review and evaluate the
establishment of this new anchorage
ground to address the safety and
navigation concerns with the expanding
vessel traffic in the Lower Columbia
River.
The purpose of this rulemaking is to
establish a Federal anchorage ground in
the Lower Columbia River that will be
maintained and used by commercial
vessels. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish a new anchorage ground in the
vicinity of Rice Island, in the Lower
Columbia River. The anticipated users
of the proposed anchorage ground are
commercial vessels and their attending
tug, tow, or push boats. The
approximate depth of this proposed
anchorage ground would be 43 feet to
align with the federal channel depth
and would accommodate a variety of
vessel types and configurations. An
illustration showing the location of the
E:\FR\FM\28DEP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89644-89646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28652]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[USCG-2023-0749]
RIN 1625-AA01
Establish Anchorage Ground; Port Westward Anchorage, Columbia
River, Oregon and Washington
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is considering establishing an anchorage
ground near Port Westward, Oregon in the Columbia River. We are
considering this action after receiving requests suggesting that this
anchorage ground is necessary to provide for the safe anchoring of
commercial vessels in the navigable waters of the Lower Columbia River.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 26, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0749 using the Federal Decision-Making 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 LT Carlie Gilligan, Sector Columbia
River Waterways Management Division, U.S. Coast Guard, 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
Under Title 33 of the Code of Federal Regulations (CFR) 109.05,
U.S. Coast Guard District Commanders are delegated the authority to
establish anchorage grounds by the Commandant of the U.S. Coast Guard.
The Coast Guard establishes anchorage grounds under Section 7 of the
Act of March 4, 1915, as amended (38 Stat. 1053; 46 U.S.C. 70006) and
places these regulations in Title 33 CFR part 110, subpart B. The Coast
Guard is proposing the rulemaking to establish a Port Westward
anchorage ground in the Columbia River.
In the last several years, the Columbia River Marine Transportation
System has seen an increase in commercial traffic and vessel size, thus
creating a concern for anchorage capacity within the river system. The
Columbia River Steamship Operators Association and the Columbia River
Pilots have formally requested the Coast Guard review and evaluate the
establishment of this new anchorage ground to address the safety and
navigation concerns with the expanding vessel traffic in the Lower
Columbia River.
The purpose of this rulemaking is to establish a Federal anchorage
ground in the Lower Columbia River that would be maintained and used by
commercial vessels. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish a new anchorage ground in
the vicinity of Port Westward, in the Lower Columbia River. The
anticipated users of the proposed anchorage ground are commercial
vessels and their attending tug, tow, or push boats. The approximate
depth of this proposed anchorage ground would be 43 feet to align with
the Federal channel depth and would accommodate a variety of vessel
types and configurations. An illustration showing the location of the
proposed anchorage ground is available in the docket.
When the Columbia River Federal channel was deepened in 2010, the
size and draft of commercial vessels was increased, but the anchorage
capacity within the river system was not. The vessels transiting in the
Columbia River system now are longer and have deeper drafts than before
the channel was deepened. Having larger vessels, and increased transit
frequency causes concern for safe navigation and emergency situations
with limited anchorage capacity. The proposed Port
[[Page 89645]]
Westward anchorage ground would double the anchorage capacity in
Longview, WA, for larger vessels, and allow the pilots to spread out
distances between ships during storms or high wind events. The
increased anchorage capacity in the Columbia River would also alleviate
concern for anchorage availability for vessels experiencing emergencies
or needing a harbor of safe refuge. 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.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the location and
size of the proposed anchorage ground, as well as the vessel traffic
and anchoring data provided by the Coast Guard Navigation Center. The
regulation would ensure approximately 0.336 square miles of anchorage
grounds are designated to provide necessary commercial deep draft
anchorages and enhance the navigational safety of commercial vessels
transiting to, from, and within the Columbia River. The impact on
routine navigation is expected to be minimal because the proposed
anchorage ground is located outside the Federal channel and is
consistent with current anchorage habits. When not occupied, vessels
would be able to maneuver in, around, and through the anchorages.
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 use the
anchorage ground may be mall entities, for 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 proposed 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 potential effects of
this proposed 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
establishing an anchorage ground, Port Westward Anchorage, in an area
traditionally used by commercial ships for anchoring in the Lower
Columbia River system; and increasing the anchorage capacity of the
river system. Normally such actions are categorically excluded from
further review under paragraph L59(a) 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.
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
[[Page 89646]]
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0749 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
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.
Personal information. 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
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision
No. 01.3.
0
2. Add Sec. 110.228 (a)(14) to subpart B to read as follows:
Sec. 110.228 Columbia River, Oregon and Washington.
(a) * * *
(14) Port Westward Anchorage. All waters in the vicinity of Port
Westward, Oregon, bound by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
46[deg]10'16.80''................................... 123[deg]12'58.80''
46[deg]10'48.60''................................... 123[deg]11'25.20''
46[deg]10'43.20''................................... 123[deg]11'21.60''
46[deg]09'59.40''................................... 123[deg]12'46.80''
------------------------------------------------------------------------
Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2023-28652 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
