[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]
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