[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Proposed Rules]
[Pages 22405-22407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10329]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0325]
RIN 1625-AA00


Safety Zone; NW Natural PGM Site, Willamette 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 waters of the Willamette River. This action is 
necessary to provide for the safety of life on these navigable waters 
while Oregon Department of Environmental Quality oversees the 
construction of an engineered sediment cap and other remedial 
environmental actions. This proposed rulemaking would prohibit persons 
and vessels from being in the safety zone unless authorized by the 
Captain of the Port 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 June 7, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0325 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 Dixon Whitley, Waterways 
Management Division, Marine Safety Unit Portland, Coast Guard; 
telephone 503-240-9319, email msupdxwwm@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
PGM Portland Gas Manufacturing
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Oregon Department of Environmental Quality is overseeing the 
construction of an engineered sediment cap over contaminated sediments 
adjacent to the west bank of the Willamette River at approximate river 
mile 12.2 at the NW Natural Portland Gas Manufacturing (PGM) site. 
Geographically this location starts on the west bank of the Willamette 
River along the seawall approximately 100 yards south of the Steel 
Bridge. The construction of the engineered sediment cap and other 
remedial actions are scheduled to occur from July 8, 2019, through 
October 31, 2019.
    The purpose of this rulemaking is to ensure the safety of 
personnel, vessels and the marine environment in the navigable waters 
within the construction area. The Captain of the Port Columbia River 
(COTP) has determined that potential hazards associated with the 
construction of the engineered sediment cap and other remedial actions, 
will be a safety concern for anyone within a designated area 
surrounding the construction vessels and machinery. 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 July 8, 2019, 
through October 31, 2019. If the construction of the engineered 
sediment cap and remedial actions are completed before October 31, 
2019, the COTP will issue general permission to enter the zone and a 
separate rule to terminate the effective period of the rule. The safety 
zone would cover all navigable waters adjacent to the NW Natural PGM 
site on the west bank of the Willamette River, surrounding the 
construction vessels and machinery. The construction area will be 
surrounded by a perimeter boom. Specific coordinates are listed in the 
regulatory text at the bottom of this document. No vessel or person 
would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. If we issue a 
final rule in this rulemaking, because of the closeness of the start of 
construction, we may need to make it effective less than 30 days after 
publication in the Federal Register. If we do that, we would explain 
our good cause for doing so in the final rule, as required by 5 U.S.C. 
553(d)(3).

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, location 
and duration of the safety zone. Vessel traffic will be able to safely 
transit around this safety zone which will impact a small designated 
area of the Willamette River in Portland, OR for less than 4 months. 
Moreover, the Coast Guard will publish information regarding the safety 
zone in the Local Notice to Mariners and the rule allows 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.

[[Page 22406]]

    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 rule would 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. 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 contact 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 and Commandant Instruction M16475.1D, 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 surrounding the 
vessels and machinery during the construction of an engineered sediment 
cap and other remedial actions. Normally such actions are categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without 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 http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, 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.

0
2. Add Sec.  165.T13-0325 to read as follows:


Sec.  165. T13-0325  Safety Zone; NW Natural PGM Site, Willamette 
River, Portland, OR

    (a) Location. The following area is designated as a safety zone: 
All navigable waters of the Willamette River adjacent to the NW Natural 
PGM site on the west bank of the river, surrounding the construction 
vessels and machinery, encompassed by a line connecting these points: 
45[deg]31'36'' N, 122[deg]40'12.84'' W; 45[deg]31'36.36'' N, 
122[deg]40'11.64'' W; 45[deg]31'32.58'' N, 122[deg]40'6.9'' W; 
45[deg]31'31.68'' N, 122[deg]40'6.78'' W; thence along the shoreline to 
45[deg]31'28.62'' N, 122[deg]40'10.14'' W.
    (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

[[Page 22407]]

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. Under the general safety zone regulations in 
subpart C of this part, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative.
    (d) Enforcement. This section is effective from July 8, 2019, 
through October 31, 2019. It will be subject to enforcement this entire 
period unless the COTP, Columbia River determines it is no longer 
needed. The Coast Guard will inform mariners of any change to this 
period of when the safety zone will be subject to enforcement via 
Broadcast Notice to Mariners.

    Dated: May 13, 2019.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2019-10329 Filed 5-16-19; 8:45 am]
BILLING CODE 9110-04-P


