8416 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. The section 

will be enforced from 8 p.m. on 

February 11, 2022, through 8 p.m. on 

February 17, 2022. 

Dated: February 11, 2022. 

James R. Bendle, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Maryland-National 

Capital Region. 

[FR Doc. 2022–03339 Filed 2–14–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0647] 

RIN 1625–AA00 

Safety Zone; CBWTP Outfall Diffuser 

Improvements, Columbia River, 

Portland, OR 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule; extension 

of effective period. 

SUMMARY: The Coast Guard is amending 

a temporary final rule currently 

establishing a temporary safety zone for 

certain waters of the Columbia River. 

This temporary rule extends the 

duration of the temporary safety zone an 

additional 15 days. This action is 

necessary to provide for the safety of life 

on these navigable waters near Portland, 

OR, at Columbia River Mile 105.6 

during construction through the newly 

anticipated end date of March 15, 2022. 

This regulation prohibits persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Sector Columbia River or a 

designated representative. 

DATES: The effective period of 33 CFR 

165.T13–0647, published at 86 FR 

54622 (October 4, 2021), which was set 

to expire at 11:59 p.m. on February 28, 

2022, is now extended through 11:59 

p.m. on March 15, 2022. The 

amendment in this rule is effective 

February 15, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0647 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Sean Morrison, Waterways 

Management Division, Marine Safety 

Unit Portland, U.S. Coast Guard; 

telephone 503–240–9319, email D13- 

SMB-MSUPortlandWWM@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 Information and 

Regulatory History 

As the final document in a noticeand-comment rulemaking, on October 4, 

2021, the Coast Guard published a 

temporary final rule (TFR) entitled 

‘‘Safety Zone; BWTP Outfall Diffuser 

Improvements, Columbia River, 

Portland, OR’’ (86 FR 54622) that 

established a temporary safety zone 

regulation, 33 CFR 165.T13–0647, and 

made it effective from from November 1, 

2021, through 11:59 p.m. on February 

28, 2022. This new TFR is extending the 

effective period of that regulation to 

11:59 p.m. on March 15, 2022. 

Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not publishing a notice of proposed 

rulemaking with respect to this rule 

because it would be impracticable and 

contrary to the public interest. The 

Coast Guard was unable to publish an 

NPRM and hold a reasonable comment 

period for this rulemaking due to the 

notification of unpredictable weather 

related complications and the 

construction extension request being 

made on January 6, 2022. Delaying the 

effective date of this rule would be 

impracticable and contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

CBWTP Outfall Diffuser Improvements 

Project before the safety zone is lifted. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Columbia River 

(COTP) has determined that potential 

hazards associated with the 

construction project will be a safety 

concern for anyone within the 

designated area of the CBWTP Outfall 

Diffuser Improvements. The purpose of 

this rule is to ensure safety of vessels 

and the navigable waters in the safety 

zone during the scheduled construction 

period. 

IV. Discussion of Comments, Changes, 

and the Rule 

We received no comments on our 

notice of proposed rulemaking 

published August 22, 2021 (86 FR 

47044), for the TFR currently in place. 

The only change in the regulatory text 

of this rule is extending the effective 

period until March 15, 2022. 

The currently established temporary 

safety zone is effective from 12:01 a.m. 

on November 1, 2021, through 11:59 

p.m. on February 28, 2022. This rule 

extends the duration of the temporary 

safety zone through 11:59 p.m. on 

March 15, 2022. The safety zone will 

continue to cover all navigable waters of 

the Columbia River, surface to bottom, 

approximately 300 yards to the east and 

west side of the Burlington Northern 

Railroad Bridge on the Oregon side of 

the Columbia River from the shoreline 

to the outside of the main navigational 

channel; specifically beginning at the 

shoreline at 45°37′ 26.2′ N, 122°41′ 

46.91′ W, northeast to 45°37′ 33.206′ N, 

122°41′ 37.699′ W, southeast to 45°37′ 

23.4′ N, 122°41′ 18.1′ W, thence 

southwest to 45°37′ 16.27′ N, 122°41′ 

30.75′ W, and along the shoreline back 

to the beginning point. The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

while the construction project is 

underway. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters during the 

construction period. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this 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 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8417 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the Columbia River during the 

construction project. Moreover, the 

Coast Guard will issue a Notice to 

Mariners about the zone, and the rule 

will allow vessels to seek permission to 

enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. 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. While some 

owners or operators of vessels intending 

to transit the safety zone may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

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 rule. If the 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. 

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. 

C. Collection of Information 

This rule will 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 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 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. 

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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this 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 

determined 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 rule involves 

extending a temporary safety zone by 15 

days that will prohibit vessel traffic to 

transit the area during construction 

operations. It is 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 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. 

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. 

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: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Revise § 165.T13–0647(d) to read as 

follows: 

§ 165.T13–0647 Safety Zones: Safety Zone; 

CBWTP Outfall Diffuser Improvements, 

Columbia River, Portland, OR. 

* * * * * 

(d) Enforcement period. This safety 

zone is in effect from 12:01 a.m. on 

November 1, 2021, through 11:59 p.m. 

on March 15, 2022. It will be subject to 

enforcement this entire period unless 

the Captain of the Port Columbia River 

determines it is no longer needed, in 

which case the Coast Guard will inform 

mariners via Notice to Mariners. 

Dated: February 3, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Columbia River. 

[FR Doc. 2022–03207 Filed 2–14–22; 8:45 am] 

BILLING CODE 9110–04–P 


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