[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Rules and Regulations]
[Pages 7665-7669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02307]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0011]
RIN 1625-AA00
Safety Zones; Pacific Northwest Grain Handlers Association
Facilities; Columbia and Willamette Rivers
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing temporary safety zones around
the following Pacific Northwest Grain Handlers Association facilities:
the Columbia Grain facility on the Willamette River in Portland, OR,
the United Grain Corporation facility on the Columbia River in
Vancouver, WA, the Temco Irving facility on the Willamette River in
Portland, OR, and the Temco Kalama facility on the Columbia River in
Kalama, 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 an ongoing
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 has been effective upon actual notice from January 17,
2013,
[[Page 7666]]
until February 4, 2013. This rule is effective in the Federal Register
from February 4, 2013 until June 1, 2013.
Comments and related material must be received by the Coast Guard
on or before March 6, 2013.
Requests for public meetings must be received by the Coast Guard on
or before February 11, 2013.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0011. 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.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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 at
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, 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 email 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,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
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.
2. 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,
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.
3. 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).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. 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 since
neither grain shipment vessels nor potential protest activity can be
postponed by the Coast Guard. Additionally, 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 before promulgation.
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
[[Page 7667]]
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.
Although the Coast Guard has good cause to issue this temporary
rule without first publishing a proposed rule, you are invited to
submit post-promulgation comments and related material regarding this
rule through March 6, 2013. All comments will be reviewed as they are
received. Your comments will assist us in drafting future rules should
they be necessary, and may result in changes to this temporary interim
rule before it expires.
C. Basis and Purpose
In light of labor protests relating to grain facilities, the Coast
Guard believes that safety zones are necessary to ensure the safe
navigation of maritime traffic on the Columbia and Willamette Rivers
while grain-shipment vessels transit to and from these Pacific
Northwest Grain Handlers Association facilities. Safety zones are
needed to allow maximum 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. In addition, there is a need to ensure
that protestors are not injured due to the effects of the strong river
currents around the facilities' docks, piers, and wharves.
D. Discussion of the Interim Rule
This rule establishes temporary safety zones around the following
four Pacific Northwest Grain Handlers Association facilities located on
the Columbia and Willamette Rivers in Oregon and Washington. These
safety zones would apply equally to all waterway users.
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.
The safety zone around the Temco grain facility in Kalama, WA is
enclosed by three lines and the shoreline: line one starting on the
shoreline at 45-59'10'' N/122-50'09'' W then heading 150 yards offshore
to 45-59'09'' N/122-50'14'' W then heading up river 385 yards to 45-
58'58'' N/122-50'07'' then heading 150 yards to the shoreline ending at
45-59'00'' N/122-50'01'' 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 the Temco grain facility in Portland, OR is
also enclosed by three lines and the shoreline: line one starting on
the shoreline at 45-32'10'' N/122-40'34'' W then heading 150 yards
offshore to 45-32'09'' N/122-40'39'' W then heading up river 275 yards
to 45-32'01'' N/122-40'33'' then heading 150 yards to the shoreline
ending at 45-32'04'' N/122-40'28'' 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 January 17,
2013 and it will be enforced until June 1, 2013.
E. 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 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 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
[[Page 7668]]
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.
In preparing this temporary rule, the Coast Guard carefully considered
the rights of lawful protestors. The safety zones created by this rule
do not prohibit members of the public from assembling on shore or
expressing their points of view from locations on shore. In addition,
the Captain of the Port has identified waters in the vicinity of these
safety zones where those desiring to do so can assemble and express
their views without compromising navigational safety. 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 From Environmental Health Risks
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, the United Grain Corporation facility on the Columbia
River in Vancouver, WA, the Temco Irving facility on the Willamette
River in Portland, OR, and the Temco Kalama facility on the Columbia
River in Kalama, WA. 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:
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.T13-240 to read as follows:
Sec. 165.T13-240 Safety Zones; Pacific Northwest Grain Handlers
Association 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 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
[[Page 7669]]
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) Grain-shipment vessel means any vessel bound for or departing
from any of the following waterfront facilities: Columbia Grain in
Portland, OR, United Grain Corporation in Vancouver, WA, Temco Irving
in Portland, OR, and Temco Kalama in Kalama, WA, or any vessel
assisting such a vessel to moor or maneuver, to include, but not
limited to tugs, pilot boats, and launches.
(7) Oregon Law Enforcement Officer means any Oregon Peace Officer
as defined in Oregon Revised Statutes section 161.015.
(8) 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.
(3) Temco Portland: 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
45-32'10'' N/122-40'34'' W then heading 150 yards offshore to 45-
32'09'' N/122-40'39'' W then heading up river 275 yards to 45-32'01''
N/122-40'33'' then heading 150 yards to the shoreline ending at 45-
32'04'' N/122-40'28'' W.
(4) Temco Kalama: 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-
59'10'' N/122-50'09'' W then heading 150 yards offshore to 45-59'09''
N/122-50'14'' W then heading up river 385 yards to 45-58'58'' N/122-
50'07'' then heading 150 yards to the shoreline ending at 45-59'00'' N/
122-50'01'' W.
(c) Effective Period. The safety zones created in this section will
be in effect from January 17, 2013, until June 1, 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
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 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.
Sec. 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: January 17, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013-02307 Filed 2-1-13; 8:45 am]
BILLING CODE 9110-04-P