[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24718-24722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12060]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-1232]
RIN 1625-AA01


Anchorages; New and Revised Anchorages in the Captain of the Port 
Portland, OR, Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a new anchorage, 
modification of existing anchorages, and revision of the regulations 
governing anchorages in the Captain of the Port Portland, Oregon, area 
of responsibility. These changes are necessary to ensure sufficient 
anchorage opportunities in that area, and to clarify the locations of 
those anchorage opportunities. In addition, the changes will help 
prevent conflicts with navigable channels and other uses of anchorage 
waters.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 27, 2009. Requests for public meetings must be 
received by the Coast Guard on or before June 25, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-1232 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail MST1 Jaime Sayers, Waterways Management Branch, 
Coast Guard Sector Portland, telephone 503-240-9300, e-mail: 
<a href="/cdn-cgi/l/email-protection#28624941454d0669067b49514d5a5b685d5b4b4f06454144"><span class="__cf_email__" data-cfemail="1f557e76727a315e314c7e667a6d6c5f6a6c7c7831727673">[email protected]</span></a>. If you have questions on viewing or submitting

[[Page 24719]]

material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1232), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-1232'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-1232 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But, you may submit a 
request for one on or before June 25, 2009 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that a public 
meeting would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The establishment of a new anchorage, modification of existing 
anchorages, and revision of the regulations governing anchorages 
contained in this rule are necessary to ensure sufficient anchorage 
opportunities in the Captain of the Port Portland, Oregon, area of 
responsibility, and ensure that the locations of those opportunities 
are clear. In addition, the changes will help prevent conflicts with 
navigable channels and other uses of anchorage waters. Currently, there 
are insufficient anchorage opportunities in the Captain of the Port 
Portland, Oregon, area of responsibility, and many of them conflict 
with navigable channels and other uses of the anchorage waters.

Discussion of Proposed Rule

    The proposed rule would revise the following anchorages as noted. 
The Astoria North Anchorage would be revised to provide additional 
anchoring area and add an additional area to accommodate the swing of 
vessels. The Astoria South Anchorage would be revised to ensure that 
anchored vessels are clear of the navigable channel and that the 
anchorage correlates with current NOAA navigational charts. The 
Longview Anchorage would be revised to move it out of the navigational 
channel and expand it to account for vessel swing. The Kalama Anchorage 
would be revised to provide additional anchoring area and add an 
additional area to accommodate the swing of vessels. The Woodland 
Anchorage would be revised to ensure the anchorage correlates with 
current NOAA navigational charts. The Henrici Bar Anchorage would be 
revised to move it out of the navigational channel. The Willow Bar 
Anchorage would be renamed the Vancouver Lower Anchorage and revised to 
consolidate the Willow Bar Anchorage and the anchorage areas off of the 
Morgan Bar. The Kelley Point Anchorage would be revised to ensure the 
anchorage correlates with current NOAA navigational charts. The Hayden 
Island Anchorage would be renamed the Upper Vancouver Anchorage and 
revised to expand the anchorage and move the anchorage out of the 
navigational channel.
    The proposed rule would also create a new anchorage called the 
Cottonwood Island Anchorage near Cottonwood Island.
    The regulations governing the anchorages would be amended to remove 
provisions that are no longer necessary, due to changes in the use of 
the anchorage areas for fishing, and to add a provision to prevent 
anchoring vessels from entangling underground cables.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. The establishment of a new 
anchorage, modification of existing anchorages, and revision of the 
regulations governing anchorages do not have any significant costs 
associated with them.

[[Page 24720]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. This proposed rule would affect the following 
entities, some of which might be small entities: The owners or 
operators of vessels intending to transit or anchor in the Captain of 
the Port Portland, Oregon, area of responsibility. However, the 
establishment of a new anchorage, modification of existing anchorages, 
and revision of the regulations governing anchorages that would result 
from this rule would have no economic impact on small entities because 
anchorages can still be transited and used for other maritime 
activities besides anchoring.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Waterways Management Branch, 
Coast Guard Sector, Portland, Oregon, telephone 503-240-9300. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 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.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a new anchorage, modification of 
existing anchorages, and revision of the regulations governing 
anchorages in the Captain of the Port Portland, Oregon, area of 
responsibility, which are categorically excluded under section

[[Page 24721]]

2.B.2 Figure 2-1, paragraph 34(f), of the Instruction. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 471, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

    2. Revise Sec.  110.228 to read as follows: Sec.  110.228 Columbia 
River, Oregon and Washington.
    (a) Anchorage grounds--(1) Astoria North Anchorage. An area 
enclosed by a line beginning northeast of Astoria, Oregon, at latitude 
46[deg]12'00.79'' N, longitude 123[deg]49'55.40'' W; thence continuing 
easterly to latitude 46[deg]12'02.00'' N, longitude 123[deg]49'40.09'' 
W; thence continuing east-northeasterly to latitude 46[deg]13'14.85'' 
N, longitude 123[deg]46'27.89'' W; thence continuing south-
southeasterly to latitude 46[deg]13'00.56'' N, longitude 
123[deg]46'16.65'' W; thence continuing southwesterly to latitude 
46[deg]11'51.79'' N, longitude 123[deg]49'18.08'' W; thence continuing 
west-southwesterly to latitude 46[deg]11'46.27'' N, longitude 
123[deg]49'43.48'' W; thence continuing west-southwesterly to latitude 
46[deg]11'44.98'' N, longitude 123[deg]49'49.44'' W; thence continuing 
westerly to latitude 46[deg]11'44.32'' N, longitude 123[deg]49'58.88'' 
W; thence continuing northeasterly to the point of the beginning.
    (2) Astoria South Anchorage. An area enclosed by a point beginning 
east-northeast of Astoria, Oregon, at latitude 46[deg]11'46.95'' N, 
longitude 123[deg]49'13.04'' W; thence continuing northeasterly to 
latitude 46[deg]13'02.18'' N, longitude 123[deg]45'54.55'' W; thence 
continuing to easterly to latitude 46[deg]13'05.90'' N, longitude 
123[deg]45'41.55'' W; thence continuing southeasterly to latitude 
46[deg]12'55.16'' N, longitude 123[deg]45'34.31'' W; thence continuing 
southwesterly to latitude 46[deg]12'24.32'' N, longitude 
123[deg]46'34.70'' W; thence continuing west-southwesterly to latitude 
46[deg]11'37.32'' N, longitude 123[deg]49'03.46'' W; thence continuing 
north-northwesterly to the point of the beginning.
    (3) Longview Anchorage. An area enclosed by a line beginning 
southeast of Longview, Washington, at latitude 46[deg]06'28.69'' N, 
longitude 122[deg]57'38.33'' W; thence continuing northwesterly to 
latitude 46[deg]06'41.71'' N, longitude 122[deg]58'01.25'' W; thence 
continuing westerly to latitude 46[deg]07'22.55'' N, longitude 
122[deg]59'00.81'' W; thence continuing westerly to latitude 
46[deg]07'36.21'' N, longitude 122[deg]59'19.29'' W; thence continuing 
southwesterly to latitude 46[deg]07'28.44'' N, longitude 
122[deg]59'31.18'' W; thence continuing easterly to latitude 
46[deg]07'14.77'' N, longitude 122[deg]59'12.70'' W; thence continuing 
easterly to latitude 46[deg]06'42.01'' N, longitude 122[deg]58'28.41'' 
W; thence continuing northeasterly to latitude 46[deg]06'34.27'' N, 
longitude 122[deg]58'14.21'' W; thence continuing northeasterly to 
latitude 46[deg]06'32.19'' N, longitude 122[deg]58'08.77'' W; thence 
continuing northeasterly to latitude 46[deg]06'22.44'' N, longitude 
122[deg]57'43.27'' W; thence continuing northeasterly to the point of 
the beginning. [deg]
    (4) Kalama Anchorage. An area to be enclosed by a line beginning 
north-northwesterly of Sandy Island at latitude 46[deg]01'20.48'' N, 
longitude 122[deg]52'04.32'' W; thence continuing east-southeasterly to 
latitude 46[deg]00'57.73'' N, longitude 122[deg]51'35.14'' W; thence 
continuing east-southeasterly to latitude 46[deg]00'53.95'' N, 
longitude 122[deg]51'30.29'' W; thence continuing southeasterly to 
latitude 46[deg]00'35.10'' N, longitude 122[deg]51'15.37'' W; thence 
continuing south-southeasterly to latitude 45[deg]59'41.48'' N, 
longitude 122[deg]50'52.40'' W; thence continuing southwesterly to 
latitude 45[deg]59'38.65'' N, longitude 122[deg]51'05.97'' W; thence 
continuing north-northwesterly to latitude 46[deg]00'36.82'' N, 
longitude 122[deg]51'45.44'' W; thence continuing west-northwesterly to 
latitude 46[deg]01'24.38'' N, longitude 122[deg]52'21.20'' W; thence 
continuing northeasterly to the beginning.
    (5) Woodland Anchorage. An area enclosed by a line beginning 
northeast of Columbia City, Oregon, at latitude 45[deg]53'55.31'' N, 
longitude 122[deg]48'17.35'' W; thence continuing easterly to latitude 
45[deg]53'57.11'' N, longitude 122[deg]48'02.16'' W; thence continuing 
south-southeasterly to latitude 45[deg]53'21.16'' N, longitude 
122[deg]47'44.28'' W; thence continuing westerly to latitude 
45[deg]53'20.16'' N, longitude 122[deg]48'02.37'' W; thence continuing 
northwesterly to latitude 45[deg]53'41.50'' N, longitude 
12[deg]48'13.53'' W; thence continuing northerly to the point of 
beginning.
    (6) Henrici Bar Anchorage. An area enclosed by a line beginning 
west-southwesterly of Bachelor Slough, Washington, at latitude 
45[deg]47'24.68'' N, longitude 122[deg]46'49.14'' W; thence continuing 
east-southeasterly to latitude 45[deg]46'44.95'' N, longitude 
122[deg]46'13.23'' W, thence continuing southeasterly to latitude 
45[deg]46'25.67'' N, longitude 122[deg]46'00.54'' W; thence continuing 
south-southeasterly to latitude 45[deg]46'02.69'' N, longitude 
122[deg]45'50.32'' N, longitude 122[deg]45'50.32'' W; thence continuing 
southerly to latitude 45[deg]45'43.66'' N, longitude 122[deg]45'45.33'' 
W; thence continuing southerly to latitude 45[deg]45'37.52'' N, 
longitude 122[deg]45'44.99'' W; thence continuing westerly to latitude 
45[deg]45'37.29'' N, longitude 122[deg]45'53.06'' W; thence continuing 
north-northwesterly to latitude 45[deg]46'15.94'' N, longitude 
122[deg]46'10.25'' W; thence continuing west-northwesterly to latitude 
45[deg]47'20.20'' N, longitude 122[deg]46'59.28'' W; thence continuing 
easterly to the point of beginning.
    (7) Lower Vancouver Anchorage. An area enclosed by a line beginning 
north-northeast of Reeder Point at latitude 45[deg]43'39.18'' N, 
longitude 122[deg]45'27.54'' W; thence continuing south-southwesterly 
to latitude 45[deg]41'26.95'' N, longitude 122[deg]46'13.83'' W; thence 
continuing southerly to latitude 45[deg]40'35.72'' N, longitude 
122[deg]46'09.98'' W; thence continuing south-southeasterly to latitude 
45[deg]40'23.95'' N, longitude 122[deg]46'04.26'' W; thence continuing 
west-southwesterly to latitude 45[deg]40'20.68'' N, longitude 
122[deg]46'16.07'' W; thence continuing northwesterly to latitude 
45[deg]40'32.85'' N, longitude 122[deg]46'21.98'' W; thence continuing 
north-northwesterly to latitude 45[deg]41'01.03'' N, longitude 
122[deg]46'26.85'' W; thence continuing northerly to latitude 
45[deg]41'29.07'' N, longitude 12[deg]46'26.15'' W; thence continuing 
north-northeasterly to latitude 45[deg]43'41.27'' N, longitude 
122[deg]45'39.87'' W; thence continuing easterly to the point of the 
beginning. The Vancouver lower anchorage will then resume slightly 
further upstream at an area north of Kelly point and will be enclosed 
by a line starting at latitude 45[deg]40'10.09'' N, longitude 
122[deg]45'57.53'' W; thence continuing to southeasterly to latitude 
45[deg]39'42.94'' N, longitude 122[deg]45'44.34'' W; thence continuing 
west-southwesterly to latitude 45[deg]39'40.07'' N, longitude 
122[deg]45'56.34'' W; thence continuing northwesterly to latitude 
45[deg]40'06.75'' N, longitude 122[deg]46'09.30'' W; thence continuing 
east-northeasterly to the point of the beginning.
    (8) Kelly Point Anchorage. An area enclosed by a line beginning 
northeast of Kelly Point, Oregon, at latitude 45[deg]39'10.32'' N, 
longitude 122[deg]45'36.45'' W; thence continuing east-southeasterly

[[Page 24722]]

to latitude 45[deg]39'02.10'' N, longitude 122[deg]45'21.67'' W; thence 
continuing east-southeasterly to latitude 45[deg]38'59.15'' N, 
longitude 122[deg]45'16.38'' W; thence continuing southwesterly to 
latitude 45[deg]38'51.03'' N, longitude 122[deg]45'25.57'' W; thence 
continuing westerly to latitude 45[deg]38'51.54'' N, longitude 
122[deg]45'26.35'' W; thence continuing northwesterly to latitude 
45[deg]39'06.27'' N, longitude 122[deg]45'40.50'' W; thence continuing 
north-northeasterly to the beginning point.
    (9) Upper Vancouver Anchorage. An area enclosed by a line beginning 
north-northeast of Hayden Island at latitude 45[deg]38'43.44'' N, 
longitude 122[deg]44'39.50'' W; thence continuing northeasterly to 
45[deg]38'26.98'' N, longitude 122[deg]43'25.87'' W; thence continuing 
east-northeasterly to latitude 45[deg]38'17.31'' N, longitude 
122[deg]42'54.69'' W; thence continuing easterly to latitude 
45[deg]38'12.40'' N, longitude 122[deg]42'43.93'' W; thence continuing 
east-southeasterly to latitude 45[deg]37'40.53'' N, longitude 
122[deg]41'44.08'' W; thence south-southeasterly to latitude 
45[deg]37'36.11'' N, longitude 122[deg]41'48.86'' W; thence continuing 
west-southwesterly to latitude 45[deg]37'52.20'' N, longitude 
122[deg]42'19.50'' W; thence continuing west-southwesterly to latitude 
45[deg]38'10.75'' N, longitude 122[deg]43'08.89'' W; thence continuing 
southwesterly to latitude 45[deg]38'18.79'' N, longitude 
122[deg]43'44.83'' W; thence continuing westerly to latitude 
45[deg]38'41.37'' N, longitude 122[deg]44'40.44'' W; thence continuing 
northeasterly to the point of beginning.
    (10) Cottonwood Island Anchorage. An area enclosed by a line 
beginning west-southwest of Longview, WA at latitude 46[deg]05'56.88'' 
N, longitude 122[deg]56'53.19'' W; thence continuing easterly to 
latitude 46[deg]05'14.06'' N, longitude 122[deg]54'45.71'' W; thence 
continuing east-southeasterly to latitude 46[deg]04'57.12'' N, 
longitude 122[deg]54'12.41'' W; thence continuing southeasterly to 
latitude 46[deg]04'37.55'' N, longitude 122[deg]53'45.80'' W; thence 
continuing southeasterly to latitude 46[deg]04'13.72'' N, longitude 
122[deg]53'23.66'' W; thence continuing southeasterly to latitude 
46[deg]03'54.94'' N, longitude 122[deg]53'11.81'' W; thence continuing 
southerly to latitude 46[deg]03'34.96'' N, longitude 122[deg]53'03.17'' 
W; thence continuing westerly to latitude 46[deg]03'32.06'' W, 
longitude 122[deg]53'19.68'' N; thence continuing north-northwesterly 
to latitude 46[deg]03'50.84'' N, longitude 122[deg]53'27.81'' W; thence 
continuing northwesterly to latitude 46[deg]04'08.10'' N, longitude 
122[deg]53'38.70'' W; thence continuing northwesterly to latitude 
46[deg]04'29.41'' N, longitude 122[deg]53'58.17'' W; thence continuing 
north-northwesterly to latitude 46[deg]04'49.89'' N, longitude 
122[deg]54'21.57'' W; thence continuing northwesterly to latitude 
46[deg]05'06.95'' N, longitude 122[deg]54'50.65'' W; thence continuing 
northwesterly to latitude 46[deg]05'49.77'' N, longitude 
122[deg]56'8.12'' W; thence continuing east-northeasterly to the point 
of the beginning.
    (b) Regulations. (1) All designated anchorages are intended for the 
primary use of deep-draft vessels over 200 feet in length.
    (2) If a vessel under 200 feet in length is anchored in a 
designated anchorage, the master or person in charge of the vessel 
shall:
    (i) Ensure that the vessel is anchored so as to minimize conflict 
with large, deep-draft vessels utilizing or seeking to utilize the 
anchorage; and
    (ii) Move the vessel out of the area if requested by the master of 
a large, deep-draft vessel seeking to enter or depart the area or if 
directed by the Captain of the Port.
    (3) Vessels desiring to anchor in designated anchorages shall 
contact the pilot office that manages that anchorage to request an 
appropriate position to anchor. Columbia River Bar Pilots manage 
Astoria North Anchorage and Astoria South Anchorage. Columbia River 
Pilots manage all designated anchorages upriver from Astoria.
    (4) No vessel may occupy a designated anchorage for more than 30 
consecutive days without permission from the Captain of the Port.
    (5) No vessel being layed-up or dismantled or undergoing major 
alterations or repairs may occupy a designated anchorage without 
permission from the Captain of the Port.
    (6) No vessel carrying a Cargo of Particular Hazard listed in Sec.  
126.10 of this chapter may occupy a designated anchorage without 
permission from the Captain of the Port.
    (7) No vessel in a condition such that it is likely to sink or 
otherwise become a hazard to the operation of other vessels shall 
occupy a designated anchorage except in an emergency, and then only for 
such periods as may be authorized by the Captain of the Port.
    (8) Vessels anchoring in Astoria North Anchorage should avoid 
placing their anchor in the charted cable area.

    Dated: May 8, 2009.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E9-12060 Filed 5-22-09; 8:45 am]
BILLING CODE 4910-15-P


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