Safety Zone; Grain-Shipment Vessels, Columbia and Willamette Rivers, 74587-74589 [2012-30298]
Download as PDF
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–1028]
RIN 1625–AA00
Safety Zone; Grain-Shipment Vessels,
Columbia and Willamette Rivers
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
around all inbound and outbound grainshipment vessels involved in commerce
with the Columbia Grain facility on the
Willamette River in Portland, OR, and
the United Grain Corporation facility on
the Columbia River in Vancouver, WA
while they are located on the Columbia
and Willamette Rivers. This safety zone
extends to waters 500 yards ahead of the
vessel and 200 yards abeam and astern
of the vessel. This safety zone is being
established to ensure that protest
activities relating to a labor dispute do
not create hazardous navigation
conditions for any vessel or other river
user in the vicinity of the safety zone.
DATES: This rule is effective with actual
notice beginning November 16, 2012
until December 17, 2012. This rule is
effective in the Code of Federal
Regulations from December 17, 2012
until January 16, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–1028]. To view documents
mentioned in this preamble as being
available in the docket, go to http://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ensign Ian P. McPhillips,
Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast
Guard; telephone (503) 240–9319, email
MSUPDXWWM@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
pmangrum on DSK3VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
14:24 Dec 14, 2012
Jkt 229001
A. Regulatory History and Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because to do
so would be impracticable due to the
lack of advance notice of the underlying
dispute. Delayed promulgation may
result in injury or damage to the
maritime public, vessel crews, the
vessels themselves, the facilities, and
law enforcement personnel from protest
activities that could occur prior to
conclusion of a notice and comment
period.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register because to do otherwise would
be impracticable since the arrival of
grain-shipment vessels cannot be
delayed by the Coast Guard and protest
activities are unpredictable and
potentially volatile and may result in
injury to persons, property, or the
environment. Delaying the effective date
until 30 days after publication may
mean that grain-shipment vessels will
have arrived or departed the Columbia
and Willamette Rivers before the end of
the 30 day period. This delay would
eliminate the safety zone’s effectiveness
and usefulness in protecting persons,
property, and the safe navigation of
maritime traffic before 30 days have
elapsed.
B. Basis and Purpose
Due to a labor dispute regarding grainshipment vessels involved in commerce
with the Columbia Grain facility, a
safety zone is needed to help ensure the
safe navigation of maritime traffic on the
Columbia and Willamette Rivers while
grain-shipment vessels transit to and
from grain export facilities in the Sector
Columbia River Captain of the Port
Zone. There is the potential for injury
and damage to both protestors and
shipping due to the labor dispute. The
Coast Guard believes that a safety zone
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
74587
is needed to allow maximal use of the
waterway consistent with safe
navigation and to ensure that protestors
and other river users are not injured by
deep-draft vessels with maneuvering
characteristics with which they may be
unfamiliar.
C. Discussion of the Final Rule
This rule establishes a temporary
safety zone around grain-shipment
vessels involved in commerce with the
Columbia Grain facility on the
Willamette River in Portland, OR, and
the United Grain Corporation facility on
the Columbia River in Vancouver, WA
while they are located on the Columbia
and Willamette Rivers. This safety zone
extends to waters 500 yards ahead of the
vessel and 200 yards abeam and astern
of the vessel. No person or vessel may
enter or remain in the safety zone
without authorization from the Sector
Columbia River Captain of the Port or
his designated representatives.
This rule has been enforced with
actual notice since November 16, 2012
and it will be enforced until 30 days
from date of publication in the Federal
Register. If unsafe conditions continue
beyond that date, the Coast Guard will
consider extending the duration of the
safety zone.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. Although this rule will restrict
access to the regulated area, the effect of
this rule will not be significant because:
(i) The safety zone is limited in size; (ii)
the official on-scene patrol may
authorize access to the safety zone; (iii)
the safety zone will effect a limited
geographical location for a limited time;
and (iv) the Coast Guard will make
notifications via maritime advisories so
mariners can adjust their plans
accordingly.
E:\FR\FM\17DER1.SGM
17DER1
74588
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities some of which may be small
entities: the owners and operators of
vessels intending to operate in the area
covered by the safety zone created in
this rule.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: (i) The safety zone is
limited in size; (ii) the official on-scene
patrol may authorize access to the safety
zone; (iii) the safety zone will effect a
limited geographical location for a
limited time; and (iv) the Coast Guard
will make notifications via maritime
advisories so mariners can adjust their
plans accordingly.
pmangrum on DSK3VPTVN1PROD with
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
VerDate Mar<15>2010
14:24 Dec 14, 2012
Jkt 229001
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this 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 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 the
establishment of a temporary safety
zone around grain-shipment vessels
involved in commerce with the
Columbia Grain facility on the
Willamette River in Portland, OR, and
the United Grain Corporation facility on
the Columbia River in Vancouver, WA
while they are located on the Columbia
and Willamette Rivers. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
E:\FR\FM\17DER1.SGM
17DER1
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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, 3306, 3703; 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.
2. Add § 165.T13–234 to read as
follows:
■
pmangrum on DSK3VPTVN1PROD with
§ 165.T13–234 Safety Zone; GrainShipment Vessels, Columbia and Willamette
Rivers.
(a) Definitions. As used in this
section:
(1) Federal Law Enforcement Officer
means any employee or agent of the
United States government who has the
authority to carry firearms and make
warrantless arrests and whose duties
involve the enforcement of criminal
laws of the United States.
(2) Navigable waters of the United
States means those waters defined as
such in 33 CFR part 2.
(3) Navigation Rules means the
Navigation Rules, International-Inland.
(4) Official Patrol means those
persons designated by the Captain of the
Port to monitor a vessel safety zone,
permit entry into the zone, give legally
enforceable orders to persons or vessels
within the zone and take other actions
authorized by the Captain of the Port.
Federal Law Enforcement Officers
authorized to enforce this section are
designated as the Official Patrol.
(5) Public vessel means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(6) Oregon Law Enforcement Officer
means any Oregon Peace Officer as
defined in Oregon Revised Statutes
section 161.015.
(7) Washington Law Enforcement
Officer means any General Authority
Washington Peace Officer, Limited
Authority Washington Peace Officer, or
Specially Commissioned Washington
Peace Officer as defined in Revised
Code of Washington section 10.93.020.
(b) Location. The following areas are
safety zones: All navigable waters of the
United States within the Sector
Columbia River Captain of the Port
Zone, extending from the surface to the
sea floor, that are:
(1) Not more than 500 yards ahead of
grain-shipment vessels and 200 yards
abeam and astern of grain-shipment
vessels underway on the Columbia and
Willamette Rivers and involved in
commerce with the Columbia Grain
facility on the Willamette River in
Portland, OR, and the United Grain
VerDate Mar<15>2010
14:24 Dec 14, 2012
Jkt 229001
Corporation facility on the Columbia
River in Vancouver, WA.
(2) Within a maximum 200-yard
radius of grain-shipment vessels when
anchored, at any berth, moored, or in
the process of mooring on the Columbia
and Willamette Rivers and involved in
commerce with the Columbia Grain
facility on the Willamette River in
Portland, OR, and the United Grain
Corporation facility on the Columbia
River in Vancouver, WA.
(c) Effective Period. The safety zones
created in this section will be in effect
from November 16, 2012 and will be
enforced until January 16, 2013. They
will be activated for enforcement as
described in paragraph (d) of this
section.
(d) Enforcement Periods. The Sector
Columbia River Captain of the Port will
cause notice of the enforcement of the
grain-shipment vessels safety zone to be
made by all appropriate means to effect
the widest publicity among the affected
segments of the public as practicable, in
accordance with 33 CFR 165.7. Such
means of notification may include, but
are not limited to, Broadcast Notices to
Mariners or Local Notices to Mariners.
The Sector Columbia River Captain of
the Port will issue a Broadcast Notice to
Mariners and Local Notice to Mariners
notifying the public when enforcement
of the safety zone is suspended.
Upon notice of enforcement by the
Sector Columbia River Captain of the
Port, the Coast Guard will enforce the
safety zone in accordance with rules set
out in this section. Upon notice of
suspension of enforcement by the Sector
Columbia River Captain of the Port, all
persons and vessels are authorized to
enter, transit, and exit the safety zone,
consistent with the Navigation Rules.
(e) Regulation. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into or movement within
these zones is prohibited unless
authorized by the Sector Columbia River
Captain of the Port, the official patrol,
or other designated representatives of
the Captain of the Port.
(2) To request authorization to enter
or operate within the safety zone contact
the on-scene official patrol on VHF–FM
channel 16 or 13, or the Sector
Columbia River Command Center at
phone number (503) 861–6211.
Authorization will be granted based on
the necessity of access and consistent
with safe navigation.
(3) Vessels authorized to enter or
operate within the safety zone shall
operate at the minimum speed
necessary to maintain a safe course and
shall proceed as directed by the onscene official patrol. The Navigation
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
74589
Rules shall apply at all times within the
safety zone.
(4) Maneuver-restricted vessels. When
conditions permit, the on-scene official
patrol, or a designated representative of
the Captain of the Port at the Sector
Columbia River Command Center,
should:
(i) Permit vessels constrained by their
navigational draft or restricted in their
ability to maneuver to enter or operate
within the safety zone in order to ensure
a safe passage in accordance with the
Navigation Rules; and
(ii) Permit commercial vessels
anchored in a designated anchorage area
to remain at anchor within the safety
zone; and
(iii) Permit vessels that must transit
via a navigable channel or waterway to
enter or operate within the safety zone
in order to do so.
(f) Exemption. Public vessels as
defined in paragraph (a) of this section
are exempt from complying with
paragraph (e) of this section.
(g) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer
may enforce the rules in this section. In
the navigable waters of the United
States to which this section applies,
when immediate action is required and
representatives of the Coast Guard are
not present or are not present in
sufficient force to provide effective
enforcement of this section, any Federal
Law Enforcement Officer, Oregon Law
Enforcement Officer, or Washington
Law Enforcement Officer may enforce
the rules contained in this section
pursuant to 46 U.S.C. 70118. In
addition, the Captain of the Port may be
assisted by other federal, state, or local
agencies in enforcing this section.
(h) Waiver. The Captain of the Port
Columbia River may waive any of the
requirements of this section for any
vessel or class of vessels upon finding
that operational conditions or other
circumstances are such that application
of this section is unnecessary or
impractical for the purpose of port
safety or environmental safety.
Dated: November 30, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2012–30298 Filed 12–14–12; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\17DER1.SGM
17DER1
Agencies
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74587-74589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30298]
[[Page 74587]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1028]
RIN 1625-AA00
Safety Zone; Grain-Shipment Vessels, Columbia and Willamette
Rivers
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
all inbound and outbound grain-shipment vessels involved in commerce
with the Columbia Grain facility on the Willamette River in Portland,
OR, and the United Grain Corporation facility on the Columbia River in
Vancouver, WA while they are located on the Columbia and Willamette
Rivers. This safety zone extends to waters 500 yards ahead of the
vessel and 200 yards abeam and astern of the vessel. This safety zone
is being established to ensure that protest activities relating to a
labor dispute do not create hazardous navigation conditions for any
vessel or other river user in the vicinity of the safety zone.
DATES: This rule is effective with actual notice beginning November 16,
2012 until December 17, 2012. This rule is effective in the Code of
Federal Regulations from December 17, 2012 until January 16, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1028]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Ian P. McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email MSUPDXWWM@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be impracticable due
to the lack of advance notice of the underlying dispute. Delayed
promulgation may result in injury or damage to the maritime public,
vessel crews, the vessels themselves, the facilities, and law
enforcement personnel from protest activities that could occur prior to
conclusion of a notice and comment period.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because to do otherwise would be
impracticable since the arrival of grain-shipment vessels cannot be
delayed by the Coast Guard and protest activities are unpredictable and
potentially volatile and may result in injury to persons, property, or
the environment. Delaying the effective date until 30 days after
publication may mean that grain-shipment vessels will have arrived or
departed the Columbia and Willamette Rivers before the end of the 30
day period. This delay would eliminate the safety zone's effectiveness
and usefulness in protecting persons, property, and the safe navigation
of maritime traffic before 30 days have elapsed.
B. Basis and Purpose
Due to a labor dispute regarding grain-shipment vessels involved in
commerce with the Columbia Grain facility, a safety zone is needed to
help ensure the safe navigation of maritime traffic on the Columbia and
Willamette Rivers while grain-shipment vessels transit to and from
grain export facilities in the Sector Columbia River Captain of the
Port Zone. There is the potential for injury and damage to both
protestors and shipping due to the labor dispute. The Coast Guard
believes that a safety zone is needed to allow maximal use of the
waterway consistent with safe navigation and to ensure that protestors
and other river users are not injured by deep-draft vessels with
maneuvering characteristics with which they may be unfamiliar.
C. Discussion of the Final Rule
This rule establishes a temporary safety zone around grain-shipment
vessels involved in commerce with the Columbia Grain facility on the
Willamette River in Portland, OR, and the United Grain Corporation
facility on the Columbia River in Vancouver, WA while they are located
on the Columbia and Willamette Rivers. This safety zone extends to
waters 500 yards ahead of the vessel and 200 yards abeam and astern of
the vessel. No person or vessel may enter or remain in the safety zone
without authorization from the Sector Columbia River Captain of the
Port or his designated representatives.
This rule has been enforced with actual notice since November 16,
2012 and it will be enforced until 30 days from date of publication in
the Federal Register. If unsafe conditions continue beyond that date,
the Coast Guard will consider extending the duration of the safety
zone.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this rule will
restrict access to the regulated area, the effect of this rule will not
be significant because: (i) The safety zone is limited in size; (ii)
the official on-scene patrol may authorize access to the safety zone;
(iii) the safety zone will effect a limited geographical location for a
limited time; and (iv) the Coast Guard will make notifications via
maritime advisories so mariners can adjust their plans accordingly.
[[Page 74588]]
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: the owners and operators of vessels intending to
operate in the area covered by the safety zone created in this rule.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone is limited in size; (ii) the official on-scene patrol may
authorize access to the safety zone; (iii) the safety zone will effect
a limited geographical location for a limited time; and (iv) the Coast
Guard will make notifications via maritime advisories so mariners can
adjust their plans accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 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 the establishment of a temporary safety
zone around grain-shipment vessels involved in commerce with the
Columbia Grain facility on the Willamette River in Portland, OR, and
the United Grain Corporation facility on the Columbia River in
Vancouver, WA while they are located on the Columbia and Willamette
Rivers. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:
[[Page 74589]]
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, 3306,
3703; 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. Add Sec. 165.T13-234 to read as follows:
Sec. 165.T13-234 Safety Zone; Grain-Shipment Vessels, Columbia and
Willamette Rivers.
(a) Definitions. As used in this section:
(1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms
and make warrantless arrests and whose duties involve the enforcement
of criminal laws of the United States.
(2) Navigable waters of the United States means those waters
defined as such in 33 CFR part 2.
(3) Navigation Rules means the Navigation Rules, International-
Inland.
(4) Official Patrol means those persons designated by the Captain
of the Port to monitor a vessel safety zone, permit entry into the
zone, give legally enforceable orders to persons or vessels within the
zone and take other actions authorized by the Captain of the Port.
Federal Law Enforcement Officers authorized to enforce this section are
designated as the Official Patrol.
(5) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(6) Oregon Law Enforcement Officer means any Oregon Peace Officer
as defined in Oregon Revised Statutes section 161.015.
(7) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer,
or Specially Commissioned Washington Peace Officer as defined in
Revised Code of Washington section 10.93.020.
(b) Location. The following areas are safety zones: All navigable
waters of the United States within the Sector Columbia River Captain of
the Port Zone, extending from the surface to the sea floor, that are:
(1) Not more than 500 yards ahead of grain-shipment vessels and 200
yards abeam and astern of grain-shipment vessels underway on the
Columbia and Willamette Rivers and involved in commerce with the
Columbia Grain facility on the Willamette River in Portland, OR, and
the United Grain Corporation facility on the Columbia River in
Vancouver, WA.
(2) Within a maximum 200-yard radius of grain-shipment vessels when
anchored, at any berth, moored, or in the process of mooring on the
Columbia and Willamette Rivers and involved in commerce with the
Columbia Grain facility on the Willamette River in Portland, OR, and
the United Grain Corporation facility on the Columbia River in
Vancouver, WA.
(c) Effective Period. The safety zones created in this section will
be in effect from November 16, 2012 and will be enforced until January
16, 2013. They will be activated for enforcement as described in
paragraph (d) of this section.
(d) Enforcement Periods. The Sector Columbia River Captain of the
Port will cause notice of the enforcement of the grain-shipment vessels
safety zone to be made by all appropriate means to effect the widest
publicity among the affected segments of the public as practicable, in
accordance with 33 CFR 165.7. Such means of notification may include,
but are not limited to, Broadcast Notices to Mariners or Local Notices
to Mariners. The Sector Columbia River Captain of the Port will issue a
Broadcast Notice to Mariners and Local Notice to Mariners notifying the
public when enforcement of the safety zone is suspended.
Upon notice of enforcement by the Sector Columbia River Captain of
the Port, the Coast Guard will enforce the safety zone in accordance
with rules set out in this section. Upon notice of suspension of
enforcement by the Sector Columbia River Captain of the Port, all
persons and vessels are authorized to enter, transit, and exit the
safety zone, consistent with the Navigation Rules.
(e) Regulation. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within these zones is
prohibited unless authorized by the Sector Columbia River Captain of
the Port, the official patrol, or other designated representatives of
the Captain of the Port.
(2) To request authorization to enter or operate within the safety
zone contact the on-scene official patrol on VHF-FM channel 16 or 13,
or the Sector Columbia River Command Center at phone number (503) 861-
6211. Authorization will be granted based on the necessity of access
and consistent with safe navigation.
(3) Vessels authorized to enter or operate within the safety zone
shall operate at the minimum speed necessary to maintain a safe course
and shall proceed as directed by the on-scene official patrol. The
Navigation Rules shall apply at all times within the safety zone.
(4) Maneuver-restricted vessels. When conditions permit, the on-
scene official patrol, or a designated representative of the Captain of
the Port at the Sector Columbia River Command Center, should:
(i) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to enter or operate within the
safety zone in order to ensure a safe passage in accordance with the
Navigation Rules; and
(ii) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor within the safety zone; and
(iii) Permit vessels that must transit via a navigable channel or
waterway to enter or operate within the safety zone in order to do so.
(f) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraph (e) of this section.
(g) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer,
Oregon Law Enforcement Officer, or Washington Law Enforcement Officer
may enforce the rules contained in this section pursuant to 46 U.S.C.
70118. In addition, the Captain of the Port may be assisted by other
federal, state, or local agencies in enforcing this section.
(h) Waiver. The Captain of the Port Columbia River may waive any of
the requirements of this section for any vessel or class of vessels
upon finding that operational conditions or other circumstances are
such that application of this section is unnecessary or impractical for
the purpose of port safety or environmental safety.
Dated: November 30, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2012-30298 Filed 12-14-12; 8:45 am]
BILLING CODE 9110-04-P