

[Federal Register: December 20, 2007 (Volume 72, Number 244)]
[Rules and Regulations]               
[Page 72251-72253]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de07-10]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. CGD 13-07-049]
RIN 1625-AA00

 
Safety Zone: Lower Cowlitz River Dredging Operation; Longview, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Cowlitz River, in the vicinity of Cottonwood Island at the entrance of 
the Cowlitz River extending up the Cowlitz River 1.5 river miles. The 
Captain of the Port, Portland, Oregon is taking this action to 
safeguard individuals and vessels from safety hazards associated with 
dredging operations. Entry into this safety zone is prohibited unless 
authorized by Captain of the Port, Portland or the Master of the on-
scene dredge vessel.

DATES: This rule is effective from Monday, November 12, 2007 8 a.m. 
through Friday, February 29, 2008 at 5 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD13-07-049] and are available for 
inspection or copying at U. S. Coast Guard Sector Portland, 6767 North 
Basin Ave., Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer Josh Lehner, c/o Captain 
of the Port Portland, 6767 N. Basin Ave., Portland, Oregon 97217 at 
503-240-9301.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing an NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The Coast Guard did not receive notice of this 
operation until 12 days prior to the beginning of the operation. The 
dredging operation will involve multiple dredges, floating and 
submerged pipelines and other potential navigation hazards from the 
west bank of the Old Cowlitz River to the northwest tip of Cottonwood 
Island and 1.5 river miles up the Cowlitz River including the mouth of 
Carrols Channel and the Old Mouth Cowlitz. The pipeline and associated 
dredge gear will pose a hazard to navigation due to its location 
blocking the channel.
    If normal notice and comment procedures were followed, this rule 
would not become effective until after the dates of the event. For this 
reason, following normal rulemaking procedures in this case would be 
impracticable and contrary to the public interest.

Background and Purpose

    The Coast Guard is establishing a temporary safety zone regulation 
to allow for safe dredging operations. This operation is necessary for 
flood control on the Cowlitz River. Silt has built up at the lower end 
of the Cowlitz River causing an increased risk of flooding in the 
vicinity of Kelso, Longview, and Castle Rock, WA. This safety zone will 
be in effect during the time of Monday, November 12, 2007 to Friday, 
February 29, 2008 while there is dredge gear in the water. This safety 
zone will be enforced by the Captain the Port,

[[Page 72252]]

Portland or his designated representative. Entry into this Safety Zone 
is prohibited unless authorized by the Captain of the Port, his 
designated representative, or the Master of the on-scene dredge vessel. 
Transit through the Safety Zone is prohibited without an escort from a 
vessel associated with the on-scene dredge operations or a 
representative of the Captain of the Port. To request an escort to 
transit the Safety Zone contact the on-scene dredge Master on VHF-FM 
channel 16 or 13 or via search light or sound making device 30 minutes 
in advance of desired transit. The Captain of the Port may be assisted 
by other federal and local agencies in the enforcement of this zone.

Discussion of Rule

    This rule, for safety concerns, will control individuals and vessel 
movement in a regulated area surrounding the dredging operation. Due to 
safety concerns and likely delays, entry into this zone is prohibited 
unless authorized by the Captain of the Port, his designated 
representative, or the Master of the on-scene dredge vessel. Boaters 
must request and receive authorization to enter the safety zone from 
the Captain of the Port, his designated representative, or the Master 
of the on-scene dredge and be escorted by a vessel associated with the 
dredge operations or by a representative of the Captain of the Port. 
These measures are taken due to the significant hazard to navigation 
presented by suspended anchor wires tied off to the shoreline. Dredge 
gear and submerged pipelines also present a hazard to navigation in and 
under the waters in the lower area of the Cowlitz River.

Regulatory Evaluation

    This 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 Coast Guard expects the economic 
impact of this rule to be so minimal that a full regulatory evaluation 
under the regulatory policies and procedures of the DHS is unnecessary. 
This expectation is based on the fact that this rule will be in effect 
for the minimum time necessary to safely conduct the dredging 
operation. While this rule is in effect, traffic will be allowed to 
pass through the zone with authorization and escort of the Master of 
the on-scene dredge or a designated representative of the Captain of 
the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the designated area at the corresponding time as drafted in 
this rule. This safety zone will not have a significant economic impact 
on a substantial number of small entities for the following reasons. 
Traffic will be allowed to pass through the zone with the authorization 
and escort of the Master of the on-scene dredge or a designated 
representative of the Captain of the Port. This portion of the river is 
not typically used by commercial boating entities and most of the 
traffic expected in this area is generally recreational in nature and 
will occur on weekends when dredge operations will be suspended. In 
addition the location of dredging operations is below the area used by 
drift boat fishermen. Before the effective period, we will issue 
maritime advisories widely available to users of the river. Because the 
impacts of this proposal are expected to be so minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this final rule will not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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 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 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact 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).

Collection of Information

    This rule calls 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 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 rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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.

[[Page 72253]]

Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because it establishes a safety zone. A 
final ``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' will be available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. A temporary section 165.T13-043 is added to read as follows:


Sec.  165.T13-043  Safety Zone: Lower Cowlitz River Dredging Operation 
in the Captain of the Port Portland Zone.

    (a) Safety Zone. The following area is designated a safety zone--
    (1) Location. The waters encompassed by the following points: 
46[deg] 05'50''N 122[deg] 55'52''W southeastward to 46[deg] 05'30''N 
122[deg] 55'11''W turning northwest to 46[deg] 05'44''N 122[deg] 
54'19''W continuing along the southeasterly bank of the Cowlitz River 
to 46[deg] 06'34''N 122[deg] 53'27''W crossing the river bank to bank 
to 46[deg] 06'33''N 122[deg] 53'35''W following the northerly bank of 
the Cowlitz River back to the point of origin. This safety zone will 
include the entrance to Carrols Channel and the Old Mouth Cowlitz.
    (2) Effective time and date. 8 a.m. on Monday, November 12, 2007 to 
5 p.m. on Friday, February 29, 2008.
    (b) Regulations. (1) Entry into this Safety Zone is prohibited 
unless authorized by the Captain of the Port, his designated 
representative, or the Master of the on-scene dredge vessel.
    (2) Transit through the Safety Zone is prohibited without an escort 
from a vessel associated with the on-scene dredge operations or a 
representative of the Captain of the Port.
    (3) To request an escort to transit the Safety Zone contact the on-
scene dredge Master on VHF-FM channel 16 or 13 or via search light or 
sound making device 30 minutes in advance of desired transit.

    Dated: November 9, 2007.
Russell C. Proctor,
CDR, U.S. Coast Guard, Acting Captain of the Port, Portland, OR.
[FR Doc. E7-24768 Filed 12-19-07; 8:45 am]

BILLING CODE 4910-15-P
