[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1889-1891]
[FR Doc No: 2012-428]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2010-0096]
RIN 2126-AB29

Drivers of CMVs: Restricting the Use of Cellular Phones;
Technical Amendment

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FMCSA amends its December 3, 2011, final rule that
restricted the use of hand-held mobile telephones by drivers of
commercial motor vehicles. That rule was jointly issued by FMCSA and
Pipeline and Hazardous Materials Safety Administration (PHMSA), but
this technical amendment only affects an FMCSA regulation. The purpose
of this rule is to correct a clerical error.

DATES: This final rule is effective January 12, 2012.

ADDRESSES: Public Access to the Docket: You may view, print, and
download this final rule and all related documents and background
material on-line at http://www.regulations.gov, using the Docket ID
Number FMCSA-2010-0096. These documents can also be examined at the
U.S. Department of Transportation, Docket Operations, West Building-
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on today's final
rule, please contact: Mr. Brian Routhier,

Vehicle and Roadside Operation Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The legal basis of the 2011 final rule is also applicable to this
rule. See 76 FR 75472-75474, December 2, 2011.

Background

    The December 3, 2011, Drivers of CMVs: Restricting the Use of
Cellular Phones final rule (76 FR 75470) had a clerical error in Sec.
391.15(f)(1) that stated ``paragraph (g)(2)'' instead of ``paragraph
(f)(2)''. Today's final rule corrects this clerical error.

Agency's Assessment And Decision

    The Agency decided to issue this amendment because the change is
necessary to correct a clerical error that may confuse the public.

Rulemaking Analyses and Notices

Administrative Procedure Act

    If an Agency determines that the prior notice and opportunity for
public comment on a rule normally required by the Administrative
Procedure Act are impracticable, unnecessary, or contrary to the public
interest (the so-called ``good cause'' finding), it may publish the
rule without providing such notice and opportunity for comment. (See 5
U.S.C. 553(b).) The amendment made by this final rule makes a change to
correct an inadvertent clerical error. For these reasons, FMCSA finds
good cause that notice and public comment are unnecessary. Further, the
Agency finds good cause under 5 U.S.C. 553(d)(3) to make the amendments
effective upon publication.

Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    The FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, Jan. 21, 2011), or
within the meaning of the Department of Transportation regulatory
policies and procedures. The Office of Management and Budget (OMB) did
not review this document. The Agency expects the final rule will have
minimal costs; therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has evaluated the effects of this rule on small entities.
The rule corrects a clerical error; therefore, I certify that this
action will not have a significant economic impact on a substantial
number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by a State, local, or tribal
government, in the aggregate, or by the private sector, of $143.1
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This action 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.

Executive Order 13045 (Protection of Children)

    The FMCSA analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. The Agency determined that this rulemaking does not concern an
environmental risk to health or safety that may disproportionately
affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking does 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.

Executive Order 13132 (Federalism)

    The FMCSA analyzed this rule in accordance with the principles and
criteria contained in Executive Order 13132. Although the 2011 final
rule had possible Federalism implications, FMCSA determined that it did
not create 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. This rulemaking does not change that determination in any
way.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. The Agency has determined
that no new information collection requirements are associated with the
technical amendments to this final rule.

National Environmental Policy Act

    The FMCSA analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, published
March 1, 2004 (69 FR 9680), that this action does not have any
significant impact on the environment. In addition, the actions in this
final rule are categorically excluded from further analysis and
documentation as per paragraph 6.b of Appendix 2 of FMCSA's Order
5610.1. The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since the action results in no increase in
emissions.

Executive Order 13211 (Energy Effects)

    The FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have an adverse
effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.

    In consideration of the foregoing, FMCSA amends Part 391 of Title
49, Code of Federal Regulations, as follows:

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
1. The authority citation for part 391 continues to read as follows:

    Authority:  49 U.S.C. 504, 508, 31133, 31136, and 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159,113 Stat.
1748, 1767; and 49 CFR 1.73.

Sec.  391.15  [Amended]

0
2. Amend Sec.  391.15, in paragraph (f)(1), by removing the removing
``(g)(2)''and adding ``(f)(2)'' in its place.

    Issued on: January 5, 2012.
Larry Minor,
Associate Administrator for Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2012-428 Filed 1-11-12; 8:45 am]
BILLING CODE 4910-EX-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 62

	[EPA-R03-OAR-2009-0463; FRL -     ]

        Approval and Promulgation of State Air Quality Plans For
Designated Facilities and Pollutants, West Virginia; Control of
Emissions from Hospital/Medical/

Infectious Waste Incinerator Units, Plan Revision

AGENCY:	Environmental Protection Agency (EPA).

ACTION:	Direct final rule.

SUMMARY:	 EPA is taking direct final action to approve a revision to the
West Virginia (WV) hospital/medical/infectious waste incinerator (HMIWI)
111(d)/129 plan (the (plan().  The revision contains a modified WV
Department of Environmental Protection, Division of Air Quality (DAQ)
rule that streamlines the state’s regulatory structure (WV45CSR6, 18,
and 24) for incinerator units and incorporates applicable Clean Air Act
(CAA), section 129, requirements into one rule, WV45CSR18.  This
approval action relates only to HMIWI units.  The streamlining of the
state’s regulatory structure of its incinerator rules is not an EPA
requirement.

DATES:  This rule is effective [Insert date 60 days from the date of
publication in the Federal Register] without further notice, unless EPA
receives adverse written comment by [Insert date 30 days from date of
publication in the Federal Register].   If EPA receives such comments,
it will publish a timely withdrawal of the direct final rule in the
Federal Register and inform the public that the rule will not take
effect.

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2009-0463 by one of the following methods:

     A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

     B.    E-mail: E-mail:   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

     C.    Mail:  EPA-R03-OAR-2009-0463, Walter Wilkie, Chief, Air
Quality Analysis

             Branch, Mailcode 3AP22, U.S. Environmental Protection
Agency, Region III,

             1650 Arch Street, Philadelphia, Pennsylvania 19103.

      D.   Hand Delivery: At the previously-listed EPA Region III
address.  Such deliveries are                    only accepted during
the Docket(s normal hours of operation, and special arrangements
       should be made for deliveries of boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2009-0463 EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the West Virginia Division of Air Quality, 601 57th
Street SE,

Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT:  James B. Topsale, P.E., at
(215) 814-2190, or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I.  Background

The initial West Virginia HMIWI plan was approved by EPA in the June
13, 2000 edition of the Federal Register.  (65 FR 37046).   The plan
approval is codified in 40 CFR Part 62, subpart XX. On May 11, 2009, the
West Virginia Department of Environmental Protection submitted to EPA a
formal 111(d)/129 plan revision for HMIWI units.  The submitted plan
revision is part of an effort to streamline and consolidate DAQ’s
Clean Air Act, section 129, requirements for  commercial industrial
solid waste incinerator  (CISWI) and HMIWI units.  All applicable
section 129 incinerator regulatory requirements are now in one state
rule, WV45CSR18.  However, this approval action relates only to HMIWI
units.  A related plan revision for CISWI units will be addressed in a
separate Federal Register notice and rulemaking action.  The
consolidation of the DAQ incinerator rules into one is not an EPA
requirement.

Section 129 of the CAA regulates a mixture of air pollutants.  These
pollutants include organics (dioxins/furans), carbon monoxide, metals
(cadmium, lead, mercury), acid gases (hydrogen chloride, sulfur dioxide,
and nitrogen oxides) and particulate matter (including opacity).

II. Review of West Virginia(s HMIWI Plan Revision

EPA has reviewed the West Virginia HMIWI plan revision submittal in the
context of the requirements of 40 CFR Part 60, subparts B and Ce; and
Part 62, subpart A.  The submitted plan revision meets all the cited
requirements and those as described in EPA’s original approval of West
Virginia’s plan approval on June 13, 2000.  (65 FR 37046).

III. Final Action

EPA is approving the West Virginia HMIWI plan revision that streamlines
and consolidates its section 111(d)/129 existing incinerator regulations
into one rule, WV45CSR18.  Therefore, EPA is amending 40 CFR Part 62,
subpart XX, to reflect this action.  This approval is based on the
rationale discussed above and in further detail in the technical support
document (TSD) associated with this action.  This plan revision approval
does not negate or void any of the initial plan approval requirements
(65 FR 37046), including compliance dates for any affected facility.
The scope of this plan revision approval is limited to the provisions of
40 CFR Parts 60 and 62 for existing HMIWI units, as referenced in the
emission guidelines, subpart Ce, and the related new source performance
standard, subpart Ec.  CISWI and other types of section 129 incinerator
rule requirements are not included in the scope of this approval action.

The EPA Administrator continues to retain authority for several tasks,
as cited in state rule WV45CSR18, ( 45-18-9.  This retention of federal
authority also includes the granting of waivers for initial and annual
compliance testing requirements.

EPA is publishing this action without prior proposal because the Agency
views this as a noncontroversial amendment and anticipates no adverse
comments.  This action simply reflects already existing Federal
requirement for state air pollution control agencies and existing HMIWI
units that are subject to the provisions of 40 CFR Part 60, subparts B
and Ce, respectively.  However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document that
will serve as the proposal to approve the 111(d)/129 plan revision
should relevant adverse or critical comments be filed.  This rule will
be effective [Insert date 60 days from date of publication] without
further notice unless the Agency receives relevant adverse comments by
[Insert date 30 days from date of publication].  If EPA receives such
comments, then EPA will publish a timely withdrawal in the Federal
Register  informing the public that the rule did not take effect.  EPA
will address all public comments in a subsequent final rule based on the
proposed rule.  The EPA will not institute a second comment period on
this action.  Any parties interested in commenting must do so at this
time.

IV. Statutory and Executive Order Reviews

A.  General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).  This rule also does not have tribal implications
because it will 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, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).  This action also
does not have Federalism implications because it does not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA.  This rule also is not subject
to Executive Order 13045 “Protection of Children from Environmental
Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because
it approves a state rule implementing a Federal standard.  In reviewing
section 111(d)/129 plan submissions, EPA’s role is to approve state
choices, provided that they meet the criteria of the CAA.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a 111(d)/129 plan submission for failure to use VCS.  It
would thus be inconsistent with applicable law for EPA, when it reviews
a 111(d)/129 plan submission, to use VCS in place of a 111(d)/129 plan
submission that otherwise satisfies the provisions of the CAA.  Thus,
the requirements of section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.  This
rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

B.  Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Controller General of the United States prior
to publication of the rule in the Federal Register.  This rule is not a
“major rule” as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [Insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed

rulemaking.  This action, approving the submitted West Virginia HMIWI
plan revision, may not be challenged later in proceedings to enforce its
requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62 - Environmental protection,
Administrative practice and procedure, Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental relations, Paper and paper
products industry, Phosphate, Reporting and recordkeeping requirements,
Sulfur oxides, Sulfur acid plants, Waste treatment and disposal.

  July 21, 2009
_____________/s/_____________

Dated:                                				William C. Early,

                                      				Acting Regional Administrator,

                                      				Region III.

40 CFR Part 62, Subpart XX, is amended as follows:

PART 62-[AMENDED]

1.	The authority citation for part 62 continues to read as follows:

            Authority:  42 U.S.C. 7401 et seq.

            Subpart XX -- West Virginia

2.	Section 62.12150 is amended by designating the existing paragraph as
(a) and adding paragraph (b) to read as follows:

(62.12150                 Identification of plan.

        *****

(b)        On May 11, 2009, the West Virginia Department of
Environmental Protection submitted a State plan revision (#1) that
consolidates all existing section 111(d)/129 incinerator regulatory
requirements into one modified rule, WV45CSR18.

3.          Section 62.12152 is amended by designating the exiting
paragraph as (a) and adding paragraph (b) to read as follows:

 (61.12152                  Effective date.

         *****

(b) Plan revision #1 is effective [Insert date 60 days from publication
in the Federal Register.]

 PAGE

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  PAGE   10


[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 53023-53024]
[FR Doc No: 2011-21662]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Organization
Designation Authorization

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. This information collection involves certain organizations
applying to perform certification functions on behalf of the FAA. These
function may include approving data, issuing various kinds of aircraft
and organization certificates, and other functions.

DATES: Written comments should be submitted by October 24, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0704.
    Title: Organization Designation Authorization.
    Form Numbers: FAA Forms 8100-11, 8100-12, 8100-13.
    Type of Review: Renewal of an information collection.
    Background: Subpart D to part 183 establishes the Organization
Designation Authorization. This rule allows the Federal Aviation
Administration to appoint organizations as representatives of the
administrator. As authorized, these organizations perform certification
functions on behalf of the FAA. The application form is submitted to
the appropriate Federal Aviation Administration (FAA) office by an
interested organization. The applications are reviewed by the FAA to
determine whether the applicant meets the qualification requirements
necessary to be authorized as a representative of the Administrator.
Procedures manuals are submitted and approved by the FAA as a means to
ensure the organizations utilize the correct processes when performing
functions on behalf of the FAA. The management of such activity is
provided for in 49 U.S.C. 44702(d). Reporting and recordkeeping
requirements are necessary to manage the various approvals issued by
the organization. The reporting and recordkeeping requirements are
necessary to document approvals issued and must be maintained in order
to address future safety issues which may arise.
    Respondents: Approximately 83 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 41.7 hours.
    Estimated Total Annual Burden: 5,158 hours.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Scott, Room 336, Federal Aviation Administration, AES-300, 950 L'Enfant
Plaza, SW., Washington, DC 20024.

    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on August 18, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-21662 Filed 8-23-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24718-24722]
[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:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>If you have questions on viewing or submitting

material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

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.

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<PHONE_NUMBER>. 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

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

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]
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