19544 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

Garbage type 

All vessels except fixed or floating platforms and associated vessels Fixed or floating 

platforms & 

assoc. vessels 3

(33 CFR 151.73) 

Outside special areas 

(33 CFR 151.69) 

In special areas 2

(33 CFR 151.71) 

Plastics—includes synthetic ropes 

and fishing nets and plastic bags.

Disposal prohibited (33 CFR 

151.67).

Disposal prohibited (33 CFR 

151.67).

Disposal prohibited (33 CFR 

151.67). 

Dunnage, lining and packing materials that float.Disposal prohibited less than 25 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited (33 CFR 

151.71)..

Disposal prohibited. 

Paper, rags, glass, metal bottles, 

crockery and similar refuse.

Disposal prohibited less than 12 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited (33 CFR 

151.71).

Disposal prohibited. 

Paper, rags, glass, etc. comminuted 

or ground 1.

Disposal prohibited less than 3 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited (33 CFR 

151.71).

Disposal prohibited. 

Victual waste not comminuted or 

ground.

Disposal prohibited less than 12 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited less than 12 

miles from nearest land.

Disposal prohibited. 

Victual waste comminuted or 

ground 1.

Disposal prohibited less than 3 

miles from nearest land and in 

the navigable waters of the U.S.

Disposal prohibited less than 12 

miles from nearest land, except 

in the Wider Caribbean Region 

special area, where disposal is 

prohibited less than 3 miles 

from nearest land.

Disposal prohibited less than 12 

miles from nearest land and in 

the navigable waters of the 

U.S. 

Mixed garbage types 4 .................... See Note 4 ................................... See Note 4 ................................... See Note 4. 

Note 1: Comminuted or ground garbage must be able to pass through a screen with a mesh size no larger than 25 mm. (1 inch) (33 CFR 

151.75). 

Note 2: Special areas under Annex V are the Mediterranean, Baltic, Black, Red, and North Seas areas, the Gulfs area, and the Wider Caribbean Region. (33 CFR 151.53). 

Note 3: Fixed or floating platforms and associated vessels includes all fixed or floating platforms engaged in exploration, exploitation or associated offshore processing of seabed mineral resources, and all ships within 500m of such platforms. 

Note 4: When garbage is mixed with other harmful substances having different disposal or discharge requirements, the more stringent disposal restrictions shall apply. 

Dated: March 16, 2012. 

J.G Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2012–7787 Filed 3–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0254] 

RIN 1625–AA11 

Regulated Navigation Area, Zidell 

Waterfront Property, Willamette River, 

OR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) at the Zidell Waterfront 

Property located on the Willamette 

River in Portland, Oregon. This RNA is 

necessary to preserve the integrity of an 

engineered sediment cap as part of an 

Oregon Department of Environmental 

Quality (DEQ) required remedial action. 

This RNA will prohibit activities that 

could disturb or damage the engineered 

sediment cap. 

DATES: This rule is effective May 2, 

2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0254 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–0254 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email BM1 Silvestre Suga III, Waterways 

Management Division, Coast Guard 

Sector Columbia River, telephone 503– 

240–9319, email 

Silvestre.G.Suga@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 8, 2011, we published a 

notice of proposed rulemaking (NPRM) 

titled Regulated Navigation Area, Zidell 

Waterfront Property, Willamette River, 

OR, in the Federal Register (76 FR 

48070). We received no comments on 

the proposed rule. There were no 

requests made for a public meeting 

regarding this rule and none were held. 

No other documents have been 

published for this rulemaking. 

Basis and Purpose 

The Zidell Waterfront Property is 

placing an engineered sediment cap 

over contaminated sediments adjacent 

to the west bank of the Willamette River 

between approximate river miles 13.5 

and 14.2 as part of an Oregon 

Department of Environmental Quality 

(DEQ) required remedial action. 

Geographically this location starts at 

approximately the west bank of the 

Marquam Bridge and continues 

southerly, along the west bank of the 

Willamette River to the North end of 

Ross Island. 

The engineered sediment cap is 

designed to be compatible with normal 

port operations, but could be damaged 

by other maritime activities including 

anchoring, dragging, dredging, 

grounding of large vessels, deployment 

of barge spuds, etc. Such damage could 

disrupt the function or impact the 

effectiveness of the cap to contain the 

underlying contaminated sediment and 

shoreline soil in these areas. As such, 


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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19545 

this RNA will help ensure the cap is 

protected and will do so by prohibiting 

certain maritime activities that could 

disturb or damage it. 

The engineered sediment cap will 

also reduce the depth of the water close 

to the west bank of the Willamette River 

and, as a result, may limit some vessels 

from using that area of the river. 

Background 

The location of the engineered 

sediment cap was previously used for 

industrial activities related to 

shipbuilding and dismantling, scrap 

metal operations, wire burning, 

aluminum smelting, and housing 

construction. It was determined that the 

site soils and sediments contain 

contaminants, including metals, 

petroleum hydrocarbons and associated 

polycyclic aromatic hydrocarbons, 

polychlorinated biphenyls, and 

tributyltin, which present unacceptable 

levels of risk to human and ecological 

receptors. Following extensive analysis, 

the engineered sediment cap was 

deemed appropriate by the Oregon DEQ 

because the engineered sediment cap 

will protect human and ecological 

receptors from exposure to 

contamination, and the establishment of 

this RNA prevents activities that could 

result in an unacceptable threat to 

public health and the environment. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments during the comment period 

such that no changes have been made to 

the rule. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The modification of the existing 

anchorage does not have any significant 

costs. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities: 

The owners or operators of vessels 

operating in the area covered by the 

RNA. The RNA will not have a 

significant economic impact on a 

substantial number of small entities, 

however, because the RNA is limited in 

size and will not limit vessels from 

transiting or using the waters covered, 

except for activities that may damage 

the engineered sediment cap. If you 

think that your business, organization, 

or governmental jurisdiction qualifies as 

a small entity and that this rule would 

have a significant economic impact on 

it, please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 


sroberts on DSK5SPTVN1PROD with RULES
19546 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

34 (g) of the instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. 

L. 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.1337 to read as follows: 

§ 165.1337 Regulated Navigation Area, 

Zidell Waterfront Property, Willamette River, 

OR. 

(a) Regulated Navigation Area. The 

following area is a regulated navigation 

area: All waters within the area 

bounded by the following points: 

45°29′55.12′′ N/122°40′2.19′′ W; thence 

continuing to 45°29′55.14′′ N/ 

122°39′59.36′′ W; thence continuing to 

45°29′56.30′′ N/122°39 59.09′′ W; thence 

continuing to 45°29′57.51′′ N/ 

122°39′59.64′′ W; thence continuing to 

45°29′58.72′′ N/122°39′59.64′′ W; thence 

continuing to 45°30′0.52′′ N/ 

122°39′59.94′′ W; thence continuing to 

45°30′1.95′′ N/122°40′0.46′′ W; thence 

continuing to 45°30′3.44′′ N/ 

122°40′0.78′′ W; thence continuing to 

45°30’ 4.87′′ N/122°40’ 0.95′′ W; thence 

continuing to 45°30′7.33′′ N/ 

122°40′1.80′′ W; thence continuing to 

45°30′8.11′′ N/122°40′2.69′′ W; thence 

continuing to 45°30′8.83′′ N/ 

122°40′3.81′′ W; thence continuing to 

45°30′13.06′′ N/122°40′5.39′′ W; thence 

continuing to 45°30′15.30′′ N/ 

122°40′6.93′′ W; thence continuing to 

45°30′17.78′′ N/122°40′8.16′′ W; thence 

continuing to 45°30′20.53′′ N/ 

122°40′9.07′′ W; thence continuing to 

45°30′20.90′′ N/122°40′11.52′′ W; thence 

continuing to 45°30′24.04′′ N/ 

122°40′12.53′′ W; thence continuing to 

45°30′23.79′′ N/122°40′14.87′′ W; thence 

continuing along the shoreline to 

45°29′55.12′′ N/122°40′2.19′′ W. 

Geographically the regulated navigation 

area covers all waters adjacent to the 

Zidell Waterfront Property on the 

Willamette River extending from the 

west bank of the river out 200 to 400 

feet into the river depending on the 

exact location between approximate 

river mile 14.2 near the Ross Island 

Bridge and approximate river mile 13.5 

near the Marquam Bridge. 

(b) Regulations. All vessels are 

prohibited from anchoring, dragging, 

dredging, or trawling in the regulated 

navigation area established by this 

section. See 33 CFR part 165, subpart B, 

for additional information and 

requirements. 

Dated: December 30, 2011. 

K.A. Taylor, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2012–7784 Filed 3–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8223] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management aimed at 

protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 


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