Regulated Navigation Area; NW Natural Gasco Sediment Site Field Pilot Study, Willamette River, Portland, Oregon, 20579-20582 [2024-06224]
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Federal Register / Vol. 89, No. 58 / Monday, March 25, 2024 / Proposed Rules
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 special local regulation
lasting approximately 12 hours on three
separate days that will prohibit entry of
persons or vessels during the Red River
Rumble F1 Powerboat Showdown highspeed powerboat races. Normally such
actions are categorically excluded from
further review under paragraph L61 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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
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.
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–2024–0177 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
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20579
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).
the Captain of the Port Lower
Mississippi River (COTP) in the
enforcement of the regulations in this
section.
Participant means all persons and
vessels registered with the event
sponsor as a participant in the race.
Spectator means all persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the COTP
or their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by 314–269–2332. Those
in the regulated area must comply with
all lawful orders or directions given to
them by the COTP or the designated
representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via Broadcast Notice to Mariners
and by on-scene designated
representatives.
(d) Enforcement period[s]. ‘‘This
section will be enforced each day from
6 a.m. to 6 p.m. each day from May 24,
2024, through May 26, 2024.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
Dated: March 20, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 100
continues to read as follows:
Coast Guard
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
[FR Doc. 2024–06244 Filed 3–22–24; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
1.
[Docket Number USCG–2023–0971]
2. Add § 100.T08–0177 to read as
follows:
RIN 1625–AA11
■
§ 100.T08–0177 Red River Rumble F1
Powerboat Showdown, Shreveport, LA.
(a) Regulated area. The regulations in
this section apply to the following area:
A special local regulation is established
to encompass all waters of the Red River
from mile marker 228.1 to mile marker
228.8.
(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
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Regulated Navigation Area; NW
Natural Gasco Sediment Site Field
Pilot Study, Willamette River, Portland,
Oregon
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a Regulated Navigation Area
for certain waters of the Willamette
River. This action is necessary to
preserve the integrity of sampling ports
at the NW Natural Gasco Sediments Site
Project Area on these navigable waters
near Portland, Oregon. This proposed
rulemaking would prohibit persons and
SUMMARY:
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vessels in the designated area from
activities that could disturb or damage
the sampling ports 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 April 24, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0971 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. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Carlie
Gilligan, Waterways Management
Division, U.S. Coast Guard; telephone
503–240–9310, 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
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II. Background, Purpose, and Legal
Basis
On September 26, 2023, an
organization notified the Coast Guard
that it will be requesting a Regulated
Navigation Area (RNA) at the NW
Natural Gasco Sediments Site Project
Area located in the Willamette River in
Portland, Oregon. This will preserve the
integrity of the In Situ Stabilization and
Solidification (ISS) Field Pilot Study
(FPS) post-construction sampling ports
placed over the site as part of the U.S
Environmental Protection Agency (EPA)
Superfund cleanup action. The Captain
of the Port Sector Columbia River
(COTP) has determined that a regulated
navigation area would mitigate potential
hazards at this site.
The purpose of this rulemaking is to
ensure activities do not disturb the
sampling ports. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
regulated navigation area at river mile
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6.5 on the Willamette River, Portland,
OR. The FPS consists of a 1,750 square
foot area that will undergo ISS
treatment. The duration of the zone is
intended last in perpetuity or until the
EPA and NW Natural agree to modify
the footprint as part of a future final site
remedy. No vessel or person would be
permitted to disturb (e.g., anchor, drag
lines, trawling, motoring) the regulated
navigation area without obtaining
permission from the COTP or a
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
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 RNA being limited in
size and is outside the navigable
channel.
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 RNA
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.
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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
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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 a regulated navigation area
that prohibits certain maritime activities
to protect the sampling ports. Normally
such actions are categorically excluded
from further review under paragraph
L60(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.
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
jeopardizing the safety or security of
people, places, or vessels.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
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16:13 Mar 22, 2024
Jkt 262001
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–2023–0971 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 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures and
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
■
2. Add § 165.0971 to read as follows:
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§ 165.0971 Regulated navigation area; NW
Natural Gasco Sediments Site Field Pilot
Study, Willamette River, Portland, OR.
(a) Location. The following area is a
regulated navigation area (RNA): All
navigable waters of the Willamette
River, from surface to bottom, adjacent
to the NW Natural Portland Gas
Manufacturing (PGM) site, encompassed
by a line connecting the following
points beginning at 45°34′45.65″ N,
122°45′21.73″ W; thence to 45°34′45.32″
N, 122°45′22.00″ W; thence to
45°34′45.39″ N, 122°45′21.09″ W; thence
to 45°34′45.06″ N, 122°45′21.36″ W; and
back to the beginning point. These
coordinates are based on North
American Datum 83 (NAD 83).
Geographically this location starts on
the west bank of the Willamette River at
approximately river mile 6.5.
(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 (COTP)
in the enforcement of the safety zone.
(c) Regulations. In addition to the
general RNA regulations in § 165.13, the
following regulations apply to the RNA
described in paragraph (a) of this
section.
(1) Sediment disturbance activities
including anchoring, drag lines,
trawling and motoring are prohibited to
ensure the treated sediment surface and
sampling ports are not disturbed. The
sampling ports must remain intact and
undisturbed to avoid impacting the
EPA-approved sampling. All vessels and
persons are prohibited from anchoring,
dredging, laying cable, dragging,
seining, bottom fishing, conducting
salvage operations, or any other activity
which could potentially disturb the
riverbed in the designated area. Vessels
may otherwise transit or navigate within
this area.
(2) The prohibition described in
paragraph (b)(1) of this section does not
apply to vessels or persons engaged in
activities associated with remediation
efforts in the NW Natural Gasco
Sediment Site, provided that the Coast
Guard Captain of the Port Sector
Columbia River (COTP) is given
advance notice of those activities by the
U.S. Environmental Protection Agency
(EPA).
(d) Contact information. If you
observe violations of the regulations in
this section, you may notify the COTP
by email, at SCRWWM@USCG.MIL, or
by phone, 503–240–9319.
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Dated: March 19, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2024–06224 Filed 3–22–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR 166 and 167
[Docket No. USCG–2019–0279]
RIN 1625–AC57
Shipping Safety Fairways Along the
Atlantic Coast Public Meeting
Coast Guard, DHS.
Notification of public meeting
and extension of comment period.
AGENCY:
ACTION:
The Coast Guard has decided
to host a public meeting regarding the
proposed establishment of shipping
safety fairways along the Atlantic coast.
In addition, the Coast Guard is
extending the comment period on the
proposed rule in order to allow
participants in the public meeting
sufficient time to prepare their comment
submissions.
DATES: The comment period for the
proposed rule published January 19,
2024, at 89 FR 3587, is extended.
Comments should be received on or
before May 17, 2024. The meeting will
be held on April 17, 2024 at 6 p.m.
ADDRESSES: The meeting will be held at
101 Vera King Farris Drive, Galloway,
NJ 08205 in the L-Wing Building,
Classroom 112.
FOR FURTHER INFORMATION CONTACT: For
information about this document call or
email Brian Mottel, Coast Guard;
telephone 206–815–4657, email
David.b.mottel2@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard published a notice of proposed
rulemaking (NPRM) on January 19,
2024, proposing the establishment of
shipping safety fairways along the
Atlantic coast. 89 FR 3587. The
proposed rule is intended to protect
traditional shipping routes as well as to
help facilitate development on the outer
continental shelf (OCS). Since
publication, we’ve received multiple
requests from commenters requesting
further public engagement from the
Coast Guard. The Coast Guard is
committed to the meaningful
participation of stakeholders in the
rulemaking process and to receiving the
highest quality input and expertise that
the private sector has to offer. In that
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spirit, we have decided to host a public
meeting to gather further information on
the potential impacts of the proposed
fairways.
The meeting will be hosted at
Stockton University at 6 p.m. on April
17, 2024. The meeting will be held at
101 Vera King Farris Drive, Galloway,
NJ 08205 in the L-Wing Building,
Classroom 112. The meeting will consist
of a brief presentation by the Coast
Guard followed by the submissions of
public comments. This is not a
question-and-answer session, but an
opportunity for the public to hear from
the Coast Guard and to provide feedback
on the proposed fairways.
This document also extends the
comment period for the Shipping Safety
Fairways along the Atlantic Coast
NPRM for 30 days in order to allow the
public to gather their thoughts following
the public meeting. The extended
comment period will close on May 17,
2024. This document is issued under
authority found in 5 U.S.C. 552(a).
Dated: March 18, 2024.
K.J. Boda,
Deputy Director, Marine Transportation
System.
[FR Doc. 2024–06225 Filed 3–22–24; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MD Docket Nos. 24–85, 24–86; FCC 24–
31; FR ID 209752]
Assessment and Collection of Space
and Earth Station Regulatory Fees for
Fiscal Year 2024; Review of the
Commission’s Assessment and
Collection of Regulatory Fees for
Fiscal Year 2024
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission or FCC) adopted a Notice
of Proposed Rulemaking (NPRM) that
seeks comments on revising the
regulatory fees for space and earth
station payors for fiscal year (FY) 2024.
DATES: Submit comments on or before
April 12, 2024; and reply comments on
or before April 29, 2024.
ADDRESSES: You may submit comments,
identified by MD Docket No. 24–85 and
MD Docket No. 24–86, by any of the
following methods:
• Electronic Filers. Comments may be
filed electronically using the internet by
SUMMARY:
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accessing the ECFS, https://apps.fcc.
gov/ecfs.
• Paper Filers. Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Stephen Duall, Space Bureau, at (202)
418–1103 or Stephen.Duall@fcc.gov;
Roland Helvajian, Office of the
Managing Director, at (202) 418–0444 or
Roland.Helvajian@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), in MD
Docket Nos. 24–85 and 24–86; FCC 24–
31, adopted and released on March 13,
2024. The full text of this document is
available at https://docs.fcc.gov/public/
attachments/FCC-24-31A1.pdf.
Comment Filing Requirements.
Interested parties may file comments
and reply comments on or before the
dates indicated in the DATES section
above. Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS).
Providing Accountability Through
Transparency Act. The Providing
Accountability Through Transparency
Act, Public Law 118–9, requires each
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[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Proposed Rules]
[Pages 20579-20582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06224]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0971]
RIN 1625-AA11
Regulated Navigation Area; NW Natural Gasco Sediment Site Field
Pilot Study, Willamette River, Portland, Oregon
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a Regulated
Navigation Area for certain waters of the Willamette River. This action
is necessary to preserve the integrity of sampling ports at the NW
Natural Gasco Sediments Site Project Area on these navigable waters
near Portland, Oregon. This proposed rulemaking would prohibit persons
and
[[Page 20580]]
vessels in the designated area from activities that could disturb or
damage the sampling ports 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 April 24, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0971 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Carlie Gilligan, Waterways
Management Division, U.S. Coast Guard; telephone 503-240-9310, 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 September 26, 2023, an organization notified the Coast Guard
that it will be requesting a Regulated Navigation Area (RNA) at the NW
Natural Gasco Sediments Site Project Area located in the Willamette
River in Portland, Oregon. This will preserve the integrity of the In
Situ Stabilization and Solidification (ISS) Field Pilot Study (FPS)
post-construction sampling ports placed over the site as part of the
U.S Environmental Protection Agency (EPA) Superfund cleanup action. The
Captain of the Port Sector Columbia River (COTP) has determined that a
regulated navigation area would mitigate potential hazards at this
site.
The purpose of this rulemaking is to ensure activities do not
disturb the sampling ports. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a regulated navigation area at
river mile 6.5 on the Willamette River, Portland, OR. The FPS consists
of a 1,750 square foot area that will undergo ISS treatment. The
duration of the zone is intended last in perpetuity or until the EPA
and NW Natural agree to modify the footprint as part of a future final
site remedy. No vessel or person would be permitted to disturb (e.g.,
anchor, drag lines, trawling, motoring) the regulated navigation area
without obtaining permission from the COTP or a 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 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 RNA being
limited in size and is outside the navigable channel.
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
RNA 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 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
[[Page 20581]]
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 a
regulated navigation area that prohibits certain maritime activities to
protect the sampling ports. Normally such actions are categorically
excluded from further review under paragraph L60(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.
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 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.
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-2023-0971 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 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures and 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.0971 to read as follows:
Sec. 165.0971 Regulated navigation area; NW Natural Gasco Sediments
Site Field Pilot Study, Willamette River, Portland, OR.
(a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of the Willamette River, from surface to
bottom, adjacent to the NW Natural Portland Gas Manufacturing (PGM)
site, encompassed by a line connecting the following points beginning
at 45[deg]34'45.65'' N, 122[deg]45'21.73'' W; thence to
45[deg]34'45.32'' N, 122[deg]45'22.00'' W; thence to 45[deg]34'45.39''
N, 122[deg]45'21.09'' W; thence to 45[deg]34'45.06'' N,
122[deg]45'21.36'' W; and back to the beginning point. These
coordinates are based on North American Datum 83 (NAD 83).
Geographically this location starts on the west bank of the Willamette
River at approximately river mile 6.5.
(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 (COTP) in the enforcement of
the safety zone.
(c) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the following regulations apply to the RNA described in
paragraph (a) of this section.
(1) Sediment disturbance activities including anchoring, drag
lines, trawling and motoring are prohibited to ensure the treated
sediment surface and sampling ports are not disturbed. The sampling
ports must remain intact and undisturbed to avoid impacting the EPA-
approved sampling. All vessels and persons are prohibited from
anchoring, dredging, laying cable, dragging, seining, bottom fishing,
conducting salvage operations, or any other activity which could
potentially disturb the riverbed in the designated area. Vessels may
otherwise transit or navigate within this area.
(2) The prohibition described in paragraph (b)(1) of this section
does not apply to vessels or persons engaged in activities associated
with remediation efforts in the NW Natural Gasco Sediment Site,
provided that the Coast Guard Captain of the Port Sector Columbia River
(COTP) is given advance notice of those activities by the U.S.
Environmental Protection Agency (EPA).
(d) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP by email, at
[email protected], or by phone, 503-240-9319.
[[Page 20582]]
Dated: March 19, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2024-06224 Filed 3-22-24; 8:45 am]
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