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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96099-96101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28311]

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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.

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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 [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 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

[[Page 96100]]

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

[[Page 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

0
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.

0
2. Amend Sec.  110.228 by adding paragraphs (a)(12) through (14) to 
read as follows:

Sec.  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
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46[deg]10'16.80''...................................  123[deg]12'58.80''
46[deg]10'48.60''...................................  123[deg]11'25.20''
46[deg]10'43.20''...................................  123[deg]11'21.60''
46[deg]09'59.40''...................................  123[deg]12'46.80''
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* * * * *

    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
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