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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101469-101471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29536]

[[Page 101469]]

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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, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing an anchorage ground near Rice 
Island, Oregon on the Lower Columbia River. The purpose of this rule is 
to improve navigation safety by establishing an area to provide for the 
safe anchoring of commercial vessels in the navigable waters of the 
Lower Columbia River.

DATES: This rule is effective January 15, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0485 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 around that area. 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; Rice Island Anchorage, 
Columbia River, Oregon and Washington'' (88 FR 89646). 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 on June 7, 2024 (89 FR 
38854), in which we received an additional 3 comments. In total, we had 
90 days of comment period and received 42 total comments.

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 its 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. One comment asked the Coast Guard to consider 
three observations regarding the establishment of the proposed 
anchorage ground. First, the anchorage ground depth. Second, a charted 
sandwave area that intersects the proposed anchorage ground. And third, 
the boundary coordinates for the proposed anchorage ground are stated 
as latitude and longitude without a statement of the associated 
horizontal datum. Another comment made by a self-identified member of a 
non-federally recognized tribe, asked the Coast Guard to consider all 
potential impacts to the Green Sturgeon, a threatened species of fish 
present in the lower Columbia River Estuary. The other comments wrote 
in support of the proposed anchorage ground and are not discussed here.

A. Anchorage Ground Depth

    The commenter noted there is variation in the depth of the 
anchorage ground and that some vessels with deep drafts would need to 
be cognizant of areas within the anchorage shallower than 43 feet. The 
commenter also asked if there are plans to dredge the shallower areas 
to a standard depth of 43 feet. The Coast Guard believes the range of 
depths within the anchorage ground will accommodate a variety of vessel 
types and configurations. If it is later determined that dredging is 
required, then 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. Charted Sandwaves

    The commenter indicated that a sandwave shoal formation intersects 
the anchorage ground. Sandwave shoal formations are common throughout 
the Lower Columbia River to include the area of the anchorage ground. 
Presence of sandwave shoal formations have not historically precluded 
this area from being used as an anchorage ground.

C. Horizontal Datum

    The commenter asked us to explicitly state the horizontal datum for 
the anchorage ground. The NPRM included the boundary coordinates for 
the anchorage ground as latitude and longitude without a statement of 
the associated horizontal datum. In response to this comment, we 
revised the associated horizontal datum in the regulatory text at the 
end of this rulemaking. All other regulatory text remains unchanged.

D. Green Sturgeon

    One commenter asked the Coast Guard to consider all potential 
impacts to the Green Sturgeon, a threatened species of fish present in 
the lower Columbia River Estuary. While the anchorage ground is located 
within the Green Sturgeon's critical habitat, this rule will have no 
effect on the Green Sturgeon or the critical habitat. This rule will 
not disturb the Green Sturgeon's ability to spawn or forage for food. 
Moreover, this rule will not create an increase in vessel traffic 
through its habitat or impede its migratory pathway through the 
Columbia River.

E. Final Rule

    This rule establishes a Federal anchorage ground in the vicinity of 
Rice Island, in the Lower Columbia River.

[[Page 101470]]

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 1.745 square miles of anchorage 
grounds are designated to provide necessary commercial deep draft 
anchorages and enhance the safety of navigation to commercial vessels 
transiting to, from, and within the Columbia River. The expected impact 
to navigation created by the establishment of this anchorage ground is 
expected to be minimal because the anchorages 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.
    All guidance set out in Executive Order 13132 and 13175 were 
followed prior to this rulemaking and there is no objection in moving 
forward with this rulemaking from a federally recognized tribe.

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, Rice Island Anchorage, in an area 
traditionally used by commercial ships for anchoring in the Lower 
Columbia River system; and increasing the safety of navigation and 
anchorage capacity of the Lower Columbia 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

[[Page 101471]]

Homeland Security Delegation No. 00170.1 Revision No. 01.3.

0
2. Amend Sec.  110.228 by adding paragraph (a)(12) to subpart B to read 
as follows:

Sec.  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, which 
are based on the World Geodetic System (WGS 84):

                      Table 3 to Paragraph (a)(12)
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            Latitude                             Longitude
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46[deg]13'15.60''                 123[deg]46'28.20''
46[deg]13'37.20''                 123[deg]45'22.20''
46[deg]14'42.00''                 123[deg]43'12.00''
46[deg]14'52.80''                 123[deg]42'12.00''
46[deg]14'42.60''                 123[deg]42'00.00''
46[deg]13'47.40''                 123[deg]43'48.60''
46[deg]13'36.60''                 123[deg]44'15.60''
46[deg]13'07.20''                 123[deg]45'58.20''
46[deg]13'00.60''                 123[deg]46'16.80''
------------------------------------------------------------------------

* * * * *

    Dated: December 3, 2024.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2024-29536 Filed 12-12-24; 8:45 am]
BILLING CODE 9110-04-P
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