[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Proposed Rules]
[Pages 47044-47046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17911]


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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, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain navigable waters of the Columbia River. This action is 
necessary to provide for the safety of life on these navigable waters 
near Portland, OR, at Columbia River Mile 105.6 from October 1, 2021, 
through February 28, 2022. This proposed rulemaking would prohibit 
persons and vessels from being in the safety zone unless authorized by 
the Captain of the Port Sector Columbia River or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 7, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0647 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Sean Morrison, Waterways 
Management Division, Marine Safety Unit Portland, U.S. Coast Guard; 
telephone 503-240-9319, email <a href="/cdn-cgi/l/email-protection#c084f1f3ed938d82ed8d939590afb2b4aca1aea497978d80b5b3a3a7eeada9ac"><span class="__cf_email__" data-cfemail="db9feae8f6889699f696888e8bb4a9afb7bab5bf8c8c969baea8b8bcf5b6b2b7">[email protected]</span></a>.

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, Purpose, and Legal Basis

    On July 20, 2021, Ballard Marine Construction notified the Coast 
Guard that it would begin construction for their CBWTP Outfall Diffuser 
Improvements Project from 12:01 a.m. on October 1, 2021, through 11:59 
p.m. on February 28, 2022, to remove and replace existing pipeline 
along with dredging operations. The construction project includes the 
two Outfall easements (001 and 003) being dredged with diver assistance 
to expose existing risers and diffusers. The existing risers and 
diffuser valves will be removed and disposed of. In their place, longer 
risers will be attached along with new diffuser valves. Additionally, 
the Outfalls will be dredged to remove the treated effluent that has 
settled inside the main trunk lines if needed. All diver work will be 
supported by a floating crane barge approximately 50 feet by 185 feet 
that will be anchored during the duration of work upon each of the two 
specified Outfalls and will be moved within the zone approximately four 
times. The Captain of the Port Sector Columbia River (COTP) has 
determined that potential hazards associated with the construction 
project would be a safety concern for anyone within the designated area 
of the CBWTP Outfall Diffuser Improvements.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the designated area of the CBWTP 
Outfall Diffuser Improvements construction project. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from October 1, 
2021, through February 28, 2022. The safety zone would 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[deg]37'26.2'' N, 
122[deg]41'46.91'' W, northeast to 45[deg]37'33.206'' N, 
122[deg]41'37.699'' W, southeast to 45[deg]37'23.4'' N, 
122[deg]41'18.1'' W, thence southwest to 45[deg]37'16.27'' N, 
122[deg]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

[[Page 47045]]

navigable waters while the construction is underway. No vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. A designated 
representative means any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the COTP to act on his behalf, or a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Columbia River in the enforcement of the 
safety zone. Vessel operators desiring to enter or operate with the 
safety zone would contact the COTP's on-scene designated representative 
by calling (503) 209-2468 or the Sector Columbia River Command Center 
on Channel 16 VHF-FM. Those in the safety zone would comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
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 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Columbia River during the 
construction project. Moreover, the Coast Guard would issue a Notice to 
Mariners about the zone, and the rule would 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting 85 days that would prohibit vessel traffic to transit the 
area during construction operations. Normally such actions are 
categorically excluded from further review under paragraph L60 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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

[[Page 47046]]

jeopardizing the safety or security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. If you go to the online docket and sign up for email alerts, 
you will be notified when comments are posted or a final rule is 
published.

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 is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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. 0170.1, 
Revision No. 01.2.

0
2. Add Sec.  165.T13-0647 to read as follows:


Sec.  165.T13-0647  Safety Zones: Safety Zone; CBWTP Outfall Diffuser 
Improvements, Columbia River, Portland, OR.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Columbia River, surface to bottom, encompassed by a line 
connecting the following points beginning at the shoreline at 
45[deg]37'26.2'' N, 122[deg]41'46.91'' W, northeast to 
45[deg]37'33.206'' N, 122[deg]41'37.699'' W, southeast to 
45[deg]37'23.4'' N, 122[deg]41'18.1'' W, thence southwest to 
45[deg]37'16.27'' N, 122[deg]41'30.75'' W, and along the shoreline back 
to the beginning point.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Columbia River in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling (503) 209-2468 or the Sector Columbia River 
Command Center on Channel 16 VHF-FM. 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 period. This safety zone is in effect from 12:01 
a.m. on October 1, 2021, through 11:59 p.m. on February 28, 2022. It 
will be subject to enforcement this entire period unless the Captain of 
the Port, Sector Columbia River determines it is no longer needed, in 
which case the Coast Guard will inform mariners via Notice to Mariners.

    Dated: August, 17, 2021.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2021-17911 Filed 8-20-21; 8:45 am]
BILLING CODE 9110-04-P


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