[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8416-8417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03207]


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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, Department of Homeland Security (DHS).

ACTION: Temporary final rule; extension of effective period.

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SUMMARY: The Coast Guard is amending a temporary final rule currently 
establishing a temporary safety zone for certain waters of the Columbia 
River. This temporary rule extends the duration of the temporary safety 
zone an additional 15 days. This action is necessary to provide for the 
safety of life on these navigable waters near Portland, OR, at Columbia 
River Mile 105.6 during construction through the newly anticipated end 
date of March 15, 2022. This regulation prohibits persons and vessels 
from being in the safety zone unless authorized by the Captain of the 
Port Sector Columbia River or a designated representative.

DATES: The effective period of 33 CFR 165.T13-0647, published at 86 FR 
54622 (October 4, 2021), which was set to expire at 11:59 p.m. on 
February 28, 2022, is now extended through 11:59 p.m. on March 15, 
2022. The amendment in this rule is effective February 15, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0647 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 on this rule, 
call or email LCDR Sean Morrison, Waterways Management Division, Marine 
Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email 
[email protected].

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 Information and Regulatory History

    As the final document in a notice-and-comment rulemaking, on 
October 4, 2021, the Coast Guard published a temporary final rule (TFR) 
entitled ``Safety Zone; BWTP Outfall Diffuser Improvements, Columbia 
River, Portland, OR'' (86 FR 54622) that established a temporary safety 
zone regulation, 33 CFR 165.T13-0647, and made it effective from from 
November 1, 2021, through 11:59 p.m. on February 28, 2022. This new TFR 
is extending the effective period of that regulation to 11:59 p.m. on 
March 15, 2022.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking with respect 
to this rule because it would be impracticable and contrary to the 
public interest. The Coast Guard was unable to publish an NPRM and hold 
a reasonable comment period for this rulemaking due to the notification 
of unpredictable weather related complications and the construction 
extension request being made on January 6, 2022. Delaying the effective 
date of this rule would be impracticable and contrary to the public 
interest because immediate action is needed to respond to the potential 
safety hazards associated with the CBWTP Outfall Diffuser Improvements 
Project before the safety zone is lifted.

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 Captain of the Port Columbia 
River (COTP) has determined that potential hazards associated with the 
construction project will be a safety concern for anyone within the 
designated area of the CBWTP Outfall Diffuser Improvements. The purpose 
of this rule is to ensure safety of vessels and the navigable waters in 
the safety zone during the scheduled construction period.

IV. Discussion of Comments, Changes, and the Rule

    We received no comments on our notice of proposed rulemaking 
published August 22, 2021 (86 FR 47044), for the TFR currently in 
place. The only change in the regulatory text of this rule is extending 
the effective period until March 15, 2022.
    The currently established temporary safety zone is effective from 
12:01 a.m. on November 1, 2021, through 11:59 p.m. on February 28, 
2022. This rule extends the duration of the temporary safety zone 
through 11:59 p.m. on March 15, 2022. The safety zone will continue to 
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 navigable waters 
while the construction project is underway. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
during the construction period. 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

[[Page 8417]]

approaches that maximize net benefits. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Columbia River during the 
construction project. Moreover, the Coast Guard will issue a Notice to 
Mariners about the zone, and the rule will 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 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 transit the safety zone may be small 
entities, for the reasons stated in section V.A above, this rule will 
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.

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 
extending a temporary safety zone by 15 days that will prohibit vessel 
traffic to transit the area during construction operations. It is 
categorically excluded from further review under paragraph L60(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.

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

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 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:  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. 
00170.1, Revision No. 01.2.


0
2. Revise Sec.  165.T13-0647(d) to read as follows:


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

* * * * *
    (d) Enforcement period. This safety zone is in effect from 12:01 
a.m. on November 1, 2021, through 11:59 p.m. on March 15, 2022. It will 
be subject to enforcement this entire period unless the Captain of the 
Port Columbia River determines it is no longer needed, in which case 
the Coast Guard will inform mariners via Notice to Mariners.

    Dated: February 3, 2022.
G.M. Bailey,
Captain, U.S. Coast Guard, Acting Captain of the Port, Columbia River.
[FR Doc. 2022-03207 Filed 2-14-22; 8:45 am]
BILLING CODE 9110-04-P


