Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96099 

Captain of the Port Charleston (COTP) 

or a designated representative. 

DATES: The regulations in 33 CFR 

100.704 will be enforced for the location 

identified in Table 1 to § 100.704, Item 

10, from 5 p.m. until 8 p.m. on 

December 14, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Chief, Marine Science Technician 

Tyler Campbell, Sector Charleston 

Waterways Management Division, U.S. 

Coast Guard; telephone (843) 740–3184, 

email charlestonwaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.704, Table 1 to 

§ 100.704, Item 10, for the Charleston 

Parade of Boats from 5 p.m. until 8 p.m. 

on December 14, 2024. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

event. Our regulation for marine events 

within the Captain of the Port 

Charleston, Table 1 to § 100.704, item 

10, specifies the location of the 

regulated area for the Charleston Parade 

of Boats which encompasses portions of 

the Charleston Harbor including 

Anchorage A, Shutes Folly, Horse 

Reach, Hog Island Reach, Town Creek 

Lower Reach, Ashley River, and 

finishing at City Marina. During the 

enforcement periods, as reflected in 33 

CFR 100.704(c), if you are the operator 

of a vessel in the regulated area you 

must comply with directions from the 

Patrol Commander or any official patrol 

vessel. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

Dated: November 26, 2024. 

F.J. Delrosso, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2024–28340 Filed 12–3–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[USCG–2023–0749] 

RIN 1625–AA01 

Establish Anchorage Ground; Port 

Westward Anchorage, Columbia River, 

Oregon and Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing an anchorage ground near 

Port Westward, Oregon on the Columbia 

River. The purpose of this rule is to 

improve safety of navigation by 

providing additional safe anchorages for 

commercial vessels in the navigable 

waters of the Columbia River. 

DATES: This rule is effective January 3, 

2025. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0749 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 about this rule, call 

or email Lieutenant Commander Jesse 

Wallace, Waterways Management 

Division, Sector Columbia River, U.S. 

Coast Guard; telephone 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 Information and 

Regulatory History 

In the last several years, the Columbia 

River Marine Transportation System has 

seen an increase in commercial traffic 

and vessel size near the Lower 

Columbia River, thus creating a concern 

for anchorage capacity within the river 

system. The Columbia River Steamship 

Operators Association and the Columbia 

River Pilots 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. In response, on December 28, 

2023, the Coast Guard published a 

notice of proposed rulemaking (NPRM) 

titled ‘‘Establish Anchorage Ground; 

Port Westward Anchorage, Columbia 

River, Oregon and Washington’’ (88 FR 

89644). There we stated why we issued 

the NPRM and invited comments on our 

proposed regulatory action to establish 

this anchorage ground. During the 

comment period that ended February 

26, 2024, we received 39 comments. The 

Coast Guard opened another 30-day 

comment period that ended June 7, 2024 

(89 FR 38853), in which we received an 

additional 3 comments. In total, we had 

90 days of comment period and received 

42 total comments, including some 

duplicate submissions. 

III. Legal Authority and Need for Rule 

Under Title 33 of the Code of Federal 

Regulations (CFR) 109.05, the 

Commandant of the Coast Guard has 

delegated the authority to establish 

anchorage grounds to Coast Guard 

District Commanders. The Coast Guard 

establishes anchorage grounds under 

Section 7 of the Rivers and Harbors 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 purpose of this rule is to 

establish a Federal anchorage ground in 

the Lower Columbia River to improve 

safety of navigation by creating 

additional anchorage grounds for the 

increased vessel traffic transiting 

through the Lower Columbia River. The 

Coast Guard is issuing this rule under 

authority in 46 U.S.C. 70034. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received 42 total 

comments on our NPRM during the 2 

comment periods. A few of the 

comments were duplicates. All 

comments received fully support this 

rule. We received significant input 

regarding how important it is to 

establish this anchorage, with many 

describing the environmental, safety, 

and economic benefits of this proposed 

anchorage, particularly in light of the 

increase in ship size in the channel 

since the 1970’s. One comment 

suggested adding a stern anchor buoy to 

the anchorage. The United States Army 

Corps of Engineers is responsible for the 

establishment of stern anchor buoys, 

interested parties may request the 

addition of a buoy after the completion 

of this regulatory process. Another 

comment asked the Coast Guard to 

consider two observations regarding the 

establishment of the proposed 

anchorage ground. First, the anchorage 

ground depth. Second, a charted 

sandwave area that intersects the 


ddrumheller on DSK120RN23PROD with RULES1
96100 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

proposed anchorage ground. Below is 

the Coast Guard’s response to these 

observances. 

A. Anchorage Ground Depth 

The range of depths within the 

anchorage ground will accommodate a 

variety of vessel types and 

configurations. 33 U.S.C. 365 authorizes 

the United States Army Corps of 

Engineers to dredge within, and 

adjacent to, Federal anchorages 

established by the Coast Guard. 

Environmental reviews and approvals 

are required prior to dredging in the 

anchorage. 

B. Horizontal Datum 

The NPRM included the boundary 

coordinates for the anchorage ground as 

latitude and longitude without a 

statement of the associated horizontal 

datum. The associated horizontal datum 

has been implemented into the 

regulatory text at the end of this 

rulemaking. All other regulatory text 

remaining unchanged. 

C. Final Rule 

This rule establishes a Federal 

anchorage ground in the vicinity of Port 

Westward, in the Lower Columbia 

River. The specific coordinates for this 

anchorage ground are included in the 

regulatory text at the end of this 

document. 

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. 

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 rule 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, this rule 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 

anchorage ground, as well as the vessel 

traffic and anchoring data provided by 

the Coast Guard Navigation Center. The 

regulation will ensure approximately 

0.336 square miles of anchorage grounds 

are designated to provide necessary 

commercial deep draft anchorages and 

enhance the navigational safety of 

commercial vessels transiting to, from, 

and within the Columbia River. The 

impact on routine navigation is 

expected to be minimal because the 

anchorage ground is located outside the 

federal channel and is consistent with 

current anchorage habits. When not 

occupied, vessels will 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 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 use the anchorage 

ground may be small entities, for 

reasons stated in section V.A above, this 

rule would 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 

establishing an anchorage ground, Port 

Westward Anchorage, in an area 

traditionally used by commercial ships 

for anchoring in the Lower Columbia 

River system; and increasing the 

navigation safety and anchorage 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96101 

capacity of the river system. It is 

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 

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. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 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. Amend § 110.228 by adding 

paragraphs (a)(12) through (14) to read 

as follows: 

§ 110.228 Columbia River, Oregon and 

Washington. 

(a) * * * 

(12) [Reserved] 

(13) [Reserved] 

(14) Port Westward Anchorage. All 

waters in the vicinity of Port Westward, 

Oregon, bound by a line connecting the 

following points, which are based on 

the World Geodetic System (WGS 84): 

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: November, 26, 2024. 

Charles E. Fosse, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2024–28311 Filed 12–3–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1023] 

RIN 1625–AA00 

Safety Zone; Charleston Harbor, 

Charleston County, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Atlantic Ocean 

at the Charleston Harbor Entrance 

Channel, Charleston Harbor, and Cooper 

River, within a 100-yard radius of the 

M/V CAPE RACE and all towing vessels 

supporting its operations. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

dead ship movement of M/V CAPE 

RACE from the Charleston Harbor 

Entrance Channel to Detyens Shipyard 

on the Cooper River in North 

Charleston, SC. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Charleston. 

DATES: This rule is effective without 

actual notice from December 4 2024, 

through 8 p.m. December 4, 2024. For 

the purposes of enforcement, actual 

notice will be used from 8 a.m. on 

November 28, 2024, through December 

4, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1023 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 about this rule, call 

or email Petty Officer First Class 

Thomas J. Welker, Sector Charleston, 

Waterways Management Division, U.S. 

Coast Guard; telephone (843) 740–3180 

ext. 3339, email thomas.j.welker@

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 

The Coast Guard is issuing this 

temporary rule under the authority in 5 

U.S.C. 553(b)(B). This statutory 

provision authorizes an agency to issue 

a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are ‘‘impracticable and 

contrary to the public interest.’’ The 

Coast Guard finds that good cause exists 

for not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because it is impracticable. The 

Coast Guard lacks sufficient time to 

provide for a comment period and then 

consider those comments before issuing 

the rule since this rule is needed by 

November 28, 2024. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

minimize the potential safety hazards 

associated with the dead ship 

movement of the M/V CAPE RACE on 

or about November 28, 2024. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Charleston (COTP) 

has determined that potential hazards 

associated with the dead ship 

movement and berthing of M/V CAPE 

RACE on or about November 28, 2024, 

will be a safety concern for anyone 

within a 100-yard radius of vessel and 

any towing vessels supporting the 

operation. This rule is needed to protect 

personnel, vessels, and the marine 

environment during the dead ship 

movement of M/V CAPE RACE while 

transiting from the Charleston Harbor 

Entrance Channel to berthing at Detyens 

Shipyards on the Cooper River in North 

Charleston, SC. 

IV. Discussion of the Rule 

This rule establishes a temporary 

moving safety zone on or about 

November 28, 2024, however the zone 

will only be enforced while the M/V 

CAPE RACE is underway with 

supporting, towing vessels. The moving 

100-yard safety zone will be established 

for the M/V CAPE RACE and all towing 

vessels supporting its operations during 

transiting from Charleston Harbor 

Entrance Channel Buoy #6 in the 

Charleston Harbor Entrance Channel to 

berthing at Detyens Shipyards on the 

Cooper River in North Charleston, SC. 

The safety zone will only be enforced 

during the towing operations, while the 

vessel is in transit. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the dead 

ship movement of M/V CAPE RACE 

while transiting the Charleson Harbor 

area. 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 


ddrumheller on DSK120RN23PROD with RULES1