89646 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). 

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. 

■ 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 Longitude 

46°10′16.80′′ ................. 123°12′58.80′′ 

46°10′48.60′′ ................. 123°11′25.20′′ 

46°10′43.20′′ ................. 123°11′21.60′′ 

46°09′59.40′′ ................. 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 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: 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 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules 89647 

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 a 

deeper draft 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 Rice 

Island anchorage ground would double 

the anchorage capacity in Astoria, OR, 

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 1.745 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 small 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, Rice Island 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, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
89648 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules 

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 

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–2023–0485 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 

■ 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. 

■ 2. Add § 110.228 (a)(12) to subpart B 

to read as follows: 

§ 110.228 Columbia River, Oregon and 

Washington. 

(a) * * * 

(12) Rice Island Anchorage. All 

waters in the vicinity of Rice Island, 

Oregon, bound by a line connecting the 

following points: 

Latitude Longitude 

46°13′15.60′′ ................. 123°46′28.20′′ 

46°13′37.20′′ ................. 123°45′22.20′′ 

46°14′42.00′′ ................. 123°43′12.00′′ 

46°14′52.80′′ ................. 123°42′12.00′′ 

46°14′42.60′′ ................. 123°42′00.00′′ 

46°13′47.40′′ ................. 123°43′48.60′′ 

46°13′36.60′′ ................. 123°44′15.60′′ 

46°13′07.20′′ ................. 123°45′58.20′′ 

46°13′00.60′′ ................. 123°46′16.80′′ 

Dated: December 21, 2023. 

Charles E. Fosse, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2023–28656 Filed 12–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[USCG–2023–0750] 

RIN 1625–AA01 

Establish Anchorage Ground; Crims 

Island 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 Crims 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– 

2023–0750 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 

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 Crims 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS