Safety Zones; Columbia Grain and United Grain Corporation Facilities; Columbia and Willamette Rivers, 74781-74783 [2012-30405]
Download as PDF
Federal Register / Vol. 77, No. 243 / Tuesday, December 18, 2012 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
Coast Guard
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 165
[Docket Number USCG–2012–1027]
RIN 1625–AA00
Safety Zones; Columbia Grain and
United Grain Corporation Facilities;
Columbia and Willamette Rivers
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones
around the Columbia Grain facility on
the Willamette River in Portland, OR,
and the United Grain Corporation
facility on the Columbia River in
Vancouver, WA. These safety zones
extend to the waters of the Columbia
and Willamette Rivers, respectively,
approximately between the navigable
channel and the facility described.
These safety zones are being established
to ensure that protest activities relating
to a labor dispute involving these
facilities do not create hazardous
navigation conditions for vessels in the
navigable channel or vessels attempting
to moor at the facilities.
DATES: This rule is effective in the
Federal Register from December 18,
2012 until January 17, 2013. This rule
is effective with actual notice beginning
November 16, 2012 until December 18,
2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–1027]. 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.
emcdonald on DSK67QTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
15:09 Dec 17, 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.
For similar reasons, 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. 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 grainshipment 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
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
74781
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 temporary safety
zones around the Columbia Grain
facility located on the Willamette River
in Portland, OR and the United Grain
Corporation facility located on the
Columbia River in Vancouver, WA.
The safety zone around Columbia
Grain is enclosed by three lines and the
shoreline: Line one starting on the
shoreline at 45–38′35″ N/122–46′2″ W
then heading 150 yards offshore to 45–
38′38″ N/122–46′15″ W then heading up
river 380 yards to 45–38′32″ N/122–
46′28″ then heading 150 yards to the
shoreline ending at 45–38′30″ N/122–
46′25″ W. In essence, these boundaries
extend from the shoreline of the facility
150 yards onto the river from each
corner of the facility and encompass all
waters and structures therein. No person
or vessel may enter or remain in the
safety zone unless authorized by the
Sector Columbia River Captain of the
Port or his designated representatives.
The safety zone around United Grain
Corporation is also enclosed by three
lines and the shoreline: line one starting
on the shoreline at 45–37′46″ N/122–
41′34″ W then heading 150 yards
offshore to 45–37′48″ N/122–41′50″ W
then heading up river 470 yards to 45–
37′42″ N/122–41′37″ then heading 150
yards to the shoreline ending at 45–
37′44″ N/122–41′31″ W. In essence,
these boundaries extend from the
shoreline of the facility 150 yards onto
the river from each corner of the facility
and encompass all waters and structures
therein. No person or vessel may enter
or remain in the safety zone unless
authorized by 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
E:\FR\FM\18DER1.SGM
18DER1
74782
Federal Register / Vol. 77, No. 243 / Tuesday, December 18, 2012 / Rules and Regulations
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 areas, the effect
of this rule will not be significant
because: (i) The safety zones are limited
in size; (ii) the official on-scene patrol
may authorize access to the safety
zones; (iii) the safety zones will effect
limited geographical locations for a
limited time; and (iv) the Coast Guard
will make notifications via maritime
advisories so mariners can adjust their
plans accordingly.
emcdonald on DSK67QTVN1PROD with
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 will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: (i) The safety zones
are limited in size; (ii) the official onscene patrol may authorize access to the
safety zones; (iii) the safety zones will
effect limited geographical locations 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
VerDate Mar<15>2010
15:09 Dec 17, 2012
Jkt 229001
listed in the FOR FURTHER INFORMATION
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.
CONTACT,
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
INTFORMATION 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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 temporary safety zones
around the Columbia Grain facility on
the Willamette River in Portland, OR
and the United Grain Corporation
facility on the Columbia River in
Vancouver, WA. This rule is
categorically excluded from further
E:\FR\FM\18DER1.SGM
18DER1
Federal Register / Vol. 77, No. 243 / Tuesday, December 18, 2012 / Rules and Regulations
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:
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.T13–235 to read as
follows:
■
emcdonald on DSK67QTVN1PROD with
§ 165.T13–235 Safety Zones; Columbia
Grain and United Grain Corporation
Facilities; 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 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
VerDate Mar<15>2010
15:09 Dec 17, 2012
Jkt 229001
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) Locations. The following areas are
safety zones:
(1) Columbia Grain: All navigable
waters of the United States within the
Sector Columbia River Captain of the
Port Zone enclosed by three lines and
the shoreline: line one starting on the
shoreline at 45–38′35″ N/122–46′2″ W
then heading 150 yards offshore to 45–
38′38″ N/122–46′15″ W then heading up
river 380 yards to 45–38′32″ N/122–
46′28″ then heading 150 yards to the
shoreline ending at 45–38′30″ N/122–
46′25″ W. Geographically this rule will
cover all waters of the Willamette River
between the navigable channel and the
Columbia Grain facility in Portland, OR.
(2) United Grain Corporation: All
navigable waters of the United States
within the Sector Columbia River
Captain of the Port Zone enclosed by
three lines and the shoreline: line one
starting on the shoreline at 45–37′46″ N/
122–41′34″ W then heading 150 yards
offshore to 45–37′48″ N/122–41′50″ W
then heading up river 470 yards to 45–
37′42″ N/122–41′37″ then heading 150
yards to the shoreline ending at 45–
37′44″ N/122–41′31″ W. Geographically
this rule will cover all waters of the
Columbia River between the navigable
channel and the United Grain
Corporation facility at the Port of
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 17, 2013. They
will be activated for enforcement as
described in paragraph (d) of this
section.
(d) Enforcement periods. (1) The
Sector Columbia River Captain of the
Port will cause notice of the
enforcement of these safety zones 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 these safety zones is suspended.
(2) Upon notice of enforcement by the
Sector Columbia River Captain of the
Port the Coast Guard will enforce these
safety zones 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
PO 00000
Frm 00009
Fmt 4700
Sfmt 9990
74783
persons and vessels are authorized to
enter, transit, and exit the safety zones,
consistent with the Navigation Rules.
(e) Regulation. (1) In accordance with
the general regulations in section 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 these safety zones
contact the on-scene official patrol on
VHF–FM channel 16 or 13.
Authorization will be granted based on
the necessity of access and consistent
with safe navigation.
(3) Vessels authorized to enter or
operate within these safety zones shall
operate at the minimum speed
necessary to maintain a safe course and
shall proceed as directed by the onscene official patrol. The Navigation
Rules shall apply at all times within the
safety zones.
(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 Sector Columbia
River Captain of the Port 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. 2012–30405 Filed 12–17–12; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\18DER1.SGM
18DER1
Agencies
[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Rules and Regulations]
[Pages 74781-74783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30405]
[[Page 74781]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1027]
RIN 1625-AA00
Safety Zones; Columbia Grain and United Grain Corporation
Facilities; Columbia and Willamette Rivers
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones around
the Columbia Grain facility on the Willamette River in Portland, OR,
and the United Grain Corporation facility on the Columbia River in
Vancouver, WA. These safety zones extend to the waters of the Columbia
and Willamette Rivers, respectively, approximately between the
navigable channel and the facility described. These safety zones are
being established to ensure that protest activities relating to a labor
dispute involving these facilities do not create hazardous navigation
conditions for vessels in the navigable channel or vessels attempting
to moor at the facilities.
DATES: This rule is effective in the Federal Register from December 18,
2012 until January 17, 2013. This rule is effective with actual notice
beginning November 16, 2012 until December 18, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1027]. 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.
For similar reasons, 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. 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 temporary safety zones around the Columbia
Grain facility located on the Willamette River in Portland, OR and the
United Grain Corporation facility located on the Columbia River in
Vancouver, WA.
The safety zone around Columbia Grain is enclosed by three lines
and the shoreline: Line one starting on the shoreline at 45-38'35'' N/
122-46'2'' W then heading 150 yards offshore to 45-38'38'' N/122-
46'15'' W then heading up river 380 yards to 45-38'32'' N/122-46'28''
then heading 150 yards to the shoreline ending at 45-38'30'' N/122-
46'25'' W. In essence, these boundaries extend from the shoreline of
the facility 150 yards onto the river from each corner of the facility
and encompass all waters and structures therein. No person or vessel
may enter or remain in the safety zone unless authorized by the Sector
Columbia River Captain of the Port or his designated representatives.
The safety zone around United Grain Corporation is also enclosed by
three lines and the shoreline: line one starting on the shoreline at
45-37'46'' N/122-41'34'' W then heading 150 yards offshore to 45-
37'48'' N/122-41'50'' W then heading up river 470 yards to 45-37'42''
N/122-41'37'' then heading 150 yards to the shoreline ending at 45-
37'44'' N/122-41'31'' W. In essence, these boundaries extend from the
shoreline of the facility 150 yards onto the river from each corner of
the facility and encompass all waters and structures therein. No person
or vessel may enter or remain in the safety zone unless authorized by
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
[[Page 74782]]
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 areas, the effect of this rule will
not be significant because: (i) The safety zones are limited in size;
(ii) the official on-scene patrol may authorize access to the safety
zones; (iii) the safety zones will effect limited geographical
locations for a limited time; and (iv) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
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 will not have a significant economic impact
on a substantial number of small entities for the following reasons:
(i) The safety zones are limited in size; (ii) the official on-scene
patrol may authorize access to the safety zones; (iii) the safety zones
will effect limited geographical locations 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 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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
INTFORMATION 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 temporary safety
zones around the Columbia Grain facility on the Willamette River in
Portland, OR and the United Grain Corporation facility on the Columbia
River in Vancouver, WA. This rule is categorically excluded from
further
[[Page 74783]]
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:
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.T13-235 to read as follows:
Sec. 165.T13-235 Safety Zones; Columbia Grain and United Grain
Corporation Facilities; 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 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) Locations. The following areas are safety zones:
(1) Columbia Grain: All navigable waters of the United States
within the Sector Columbia River Captain of the Port Zone enclosed by
three lines and the shoreline: line one starting on the shoreline at
45-38'35'' N/122-46'2'' W then heading 150 yards offshore to 45-38'38''
N/122-46'15'' W then heading up river 380 yards to 45-38'32'' N/122-
46'28'' then heading 150 yards to the shoreline ending at 45-38'30'' N/
122-46'25'' W. Geographically this rule will cover all waters of the
Willamette River between the navigable channel and the Columbia Grain
facility in Portland, OR.
(2) United Grain Corporation: All navigable waters of the United
States within the Sector Columbia River Captain of the Port Zone
enclosed by three lines and the shoreline: line one starting on the
shoreline at 45-37'46'' N/122-41'34'' W then heading 150 yards offshore
to 45-37'48'' N/122-41'50'' W then heading up river 470 yards to 45-
37'42'' N/122-41'37'' then heading 150 yards to the shoreline ending at
45-37'44'' N/122-41'31'' W. Geographically this rule will cover all
waters of the Columbia River between the navigable channel and the
United Grain Corporation facility at the Port of 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
17, 2013. They will be activated for enforcement as described in
paragraph (d) of this section.
(d) Enforcement periods. (1) The Sector Columbia River Captain of
the Port will cause notice of the enforcement of these safety zones 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 these safety zones is suspended.
(2) Upon notice of enforcement by the Sector Columbia River Captain
of the Port the Coast Guard will enforce these safety zones 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 zones, consistent with the Navigation Rules.
(e) Regulation. (1) In accordance with the general regulations in
section 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 these
safety zones contact the on-scene official patrol on VHF-FM channel 16
or 13. Authorization will be granted based on the necessity of access
and consistent with safe navigation.
(3) Vessels authorized to enter or operate within these safety
zones 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 zones.
(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 Sector Columbia River Captain of the Port 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. 2012-30405 Filed 12-17-12; 8:45 am]
BILLING CODE 9110-04-P