Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101469 

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. 

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 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 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 nonfederally 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. 


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101470 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

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 

■ 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 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101471 

Homeland Security Delegation No. 00170.1 

Revision No. 01.3. 

■ 2. Amend § 110.228 by adding 

paragraph (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, which are based on 

the World Geodetic System (WGS 84): 

TABLE 3 TO PARAGRAPH (a)(12) 

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 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1066] 

RIN 1625–AA00 

Safety Zone; New Years Eve Fireworks 

on the Patapsco River, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Patapsco River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters in Baltimore, MD from potential 

hazards during a fireworks display to 

commemorate the New Years Eve. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Maryland-National Capital Region or a 

designated representative. 

DATES: This rule is effective from 11:55 

p.m. on December 31, 2024, through 

12:15 a.m. January 1, 2025. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1066 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 LCDR Kate Newkirk, Sector 

Maryland-National Capital Region 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2570, 

email Kate.m.newkirk@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port, MarylandNational Capital Region 

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 

On December 4, 2024, the Baltimore 

Office of Promotions notified the Coast 

Guard that it will be conducting a 

fireworks display from 11:55 p.m. on 

December 31, 2024, through 12:15 a.m. 

January 1, 2025. The fireworks are to be 

launched from a fireworks barge located 

in the Patapsco River, in position 

39°16′36′′, N 07 076°35′53′′ W. Hazards 

from the fireworks display include harm 

from the accidental discharge of 

fireworks, and being hit by dangerous 

projectiles, falling hot embers, or other 

debris. The Captain of the Port, 

Maryland-National Capital Region 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this display would be a safety 

concern for anyone within 300 feet of 

the fireworks barge. 

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, 

unnecessary, or 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 there 

is insufficient time to provide notice 

and opportunity to comment before the 

date of the event. 

In addition, 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 

and contrary to the public interest 

because the rule must be in place within 

30 days of the date of publication to 

respond to the potential safety hazards 

associated with this fireworks display. 

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 COTP 

has determined that potential hazards 

associated with the fireworks to be used 

in this December 31, 2024 display will 

be a safety concern for anyone within a 

300-foot radius of the barge. The 

purpose of this rule is to ensure safety 

of vessels and of the navigable waters in 

the safety zone before, during, and after 

the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

This rule establishes a safety zone that 

will be enforced from 11:55 p.m. on 

December 31, 2024, through 12:15 a.m. 

January 1, 2025. The safety zone will 

cover all navigable waters within 300 

feet of a barge in the Patapsco River 

located in approximate position latitude 

39°16′36′′ N, longitude 076°36′53′′ W, on 

the Patapsco River. The duration of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

fireworks display. 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 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866 as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, this 

rule has not been subject to review by 

the Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, duration, and timeof-day of the safety zone, which will 


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