[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70858-70863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28362]


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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 final rule.

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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, the Temco Kalama facility on the Columbia River in 
Kalama, WA, and the Louis Dreyfus Commodities facility on the 
Willamette River in Portland, OR. These safety zones extend 
approximately between the navigable channel and the shoreline of the 
facility described. These safety zones have been established to ensure 
that on-water protest activities near these facilities do not create 
hazardous navigation conditions for vessels protesting, transiting in 
the navigable channel, or attempting to moor at the facilities and that 
any on-water activities do not create hazardous conditions while grain-
shipment vessels are moored at the facilities.

DATES: This rule is effective without actual notice from November 27, 
2013 until November 27, 2015. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, October 31, 
2013, until November 27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[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.

[[Page 70859]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG 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
TFR Temporary Final Rule

A. Regulatory History and Information

    On August 6, 2013, the Coast Guard published a temporary interim 
rule and request for comments titled, ``Safety Zones; Pacific Northwest 
Grain Handlers Association Facilities; Columbia and Willamette Rivers'' 
in the Federal Register (78 FR 47567). In that temporary interim rule, 
the Coast Guard established temporary safety zones near five Pacific 
Northwest Grain Handlers Association facilities. Although the Coast 
Guard had good cause to issue that temporary interim rule without first 
publishing a proposed rule, the Coast Guard invited the submission of 
post-promulgation comments and related material regarding that rule 
through September 5, 2013. No request for a public meeting was 
received. The Coast Guard received one submission to the docket that 
raised several objections.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish 
safety and security zones in 33 CFR 1.05-1(f) for safety and 
environmental purposes as described in 33 CFR Part 165.
    These safety zones are being implemented to ensure the safe 
navigation of maritime traffic on the Columbia and Willamette Rivers 
and their tributaries while grain-shipment and grain-shipment assist 
vessels transit to and from these Pacific Northwest Grain Handlers 
Association facilities and to ensure that vessels remain safely moored 
at these Coast Guard regulated facilities. These safety zones are 
intended to ensure that members of the maritime public, in particular, 
those engaged in commerce and protest activities on the water, are not 
injured. Recreational boating, fishing, and protest activity afloat in 
these safety zones is particularly hazardous because of the effects of 
strong river currents, the maneuvering characteristics of grain-
shipment vessels, and the safety-sensitive mid-stream personnel 
transfers conducted by grain-shipment assist vessels with which 
recreational boaters and protesters may be unfamiliar. These safety 
zones apply equally to all waterway users and are intended to allow 
maximum use of the waterway consistent with safe navigation. The impact 
of the safety zones on maritime activity in the area is minimal because 
the safety zones are of a limited size and do not encroach on the 
navigation channel. Grain-shipment vessel means any vessel bound for or 
departing or having previously loaded cargo at any of the following 
waterfront facilities: Columbia Grain in Portland, OR; United Grain 
Corporation in Vancouver, WA; Temco Irving in Portland, OR; Temco 
Kalama in Kalama, WA; or Louis Dreyfus Commodities in Portland, OR. 
This includes any vessel leaving anchor in the Columbia and Willamette 
Rivers that is bound for or had previously departed from the 
aforementioned waterfront facilities. Grain-shipment assist vessel 
means any vessel bound for or departing from a grain-shipment vessel to 
assist it in navigation during the movement of the grain-shipment 
vessel in the Columbia and Willamette Rivers and their tributaries. 
This includes but is not limited to tugs, pilot boats, and launches.

C. Discussion of Comments, Changes and the Final Rule

    This temporary final rule is unchanged from the temporary interim 
rule that was published on August 6, 2013 (78 FR 47567) as no 
substantive changes have been deemed necessary. One commenter submitted 
a letter to the docket containing several objections. The commenter 
addressed the inclusion of the safety zone around the Louis Dreyfus 
facility, which was not included in the previous rule published on 
February 4, 2013. The Louis Dreyfus facility was not previously 
included because it was undergoing repairs and was not operational. The 
Coast Guard has included the Louis Dreyfus facility in this rule based 
on the facility's plans to begin fulltime operations within the 
enforcement period of this rule.
    The commenter asserted that the safety zones were unnecessary and 
overbroad. Specifically, the commenter questioned the necessity of the 
size of these zones. The sizes of these zones are based on the average 
size of the grain-shipment vessels operating on the river and the 
average speed of the vessels during their approach. The commenter 
asserted that deep-draft vessels on the Columbia and Willamette Rivers 
typically approach at 1 to 2 knots when entering the final 250 yards 
before the terminal, and therefore, a narrower safety zone of 50-70 
yards would still provide a two-minute pre-collision period. The Coast 
Guard disagrees that a safety zone of 50-70 yards would provide a 
sufficient buffer to prevent collisions. As vessels are mooring, their 
speed and direction are frequently changing. Based on these dynamic 
conditions, we believe the width and size of these safety zones are 
necessary to significantly reduce the risk posed by limited ship-to-
boat communications or propulsion failure by vessels or watercraft 
operating in the vicinity of grain-shipment vessels.
    The commenter also asserts that the Coast Guard has failed to state 
why the safety zones are necessary and that it appears the safety zones 
were enacted as the result of union animus. Coast Guard Captains of the 
Port are delegated authority to establish safety and security zones in 
33 CFR 1.05-1(f) for safety and environmental purposes as described in 
33 CFR Part 165. The Coast Guard has previously stated that the purpose 
of this rule is to ensure the safe navigation of maritime traffic on 
the Columbia and Willamette Rivers and their tributaries while grain-
shipment and grain-shipment assist vessels transit to and from these 
Pacific Northwest Grain Handlers Association facilities. These safety 
zones are intended to mitigate the hazardous conditions created by 
small recreational vessels operating in close proximity to large and 
less-maneuverable, commercial deep-draft vessels and tug and barge 
configurations, which are typically between 300 and 800 feet in length. 
In addition to mitigating the navigational dangers associated with 
operating a small vessel in close proximity to less-maneuverable deep-
draft grain-shipment vessels, the Coast Guard believes these safety 
zones are necessary to protect the safety-sensitive mid-stream 
personnel transfers conducted by grain-shipment assist vessels with 
which recreational boaters and protesters may be unfamiliar.
    The Coast Guard also disagrees with the commenter's assertion that 
the safety zones were enacted out of union animus. The Coast Guard 
respects the First Amendment rights of protesters. These safety zones 
do not single out protesters, but apply equally to all waterway users 
and are intended to allow maximum use of the waterway consistent with 
safe navigation. The safety zones created by this rule do not prohibit 
members of the public from assembling on the water to express their 
points of view. The Captain of the Port has, in coordination with 
protesters, recommended areas on the water in the

[[Page 70860]]

vicinity of these safety zones where those desiring to do so can 
assemble and express their views to the intended audience without 
compromising navigational safety.
    The commenter asserted that the proposed rule would prevent 
protesters from engaging in peaceful protest activities. The Coast 
Guard disagrees. The safety zones created by this rule do not prohibit 
protest activities on the Columbia and Willamette Rivers. Instead, 
these safety zones are intended to mitigate the hazardous conditions 
created by small recreational vessels operating in close proximity to 
large and less-maneuverable commercial deep-draft vessels and tug and 
barge configurations, which are typically between 300 and 800 feet in 
length. The safety zones apply to all vessels not otherwise exempted 
and are intended to ensure the safe navigation of maritime traffic and 
to protect the safety of life and property on the Columbia and 
Willamette rivers and all adjoining tributaries.
    The commenter also asserted that this rule is inconsistent with the 
National Labor Relations Act, 29 U.S.C. 151 et seq., because it 
prohibits picketing activity. However, the safety zones in this rule do 
not prohibit picketing, or other concerted activities by employees. 
Vessel operators, including those engaged in picketing activity, may 
operate in any part of the river outside of the zones so long as they 
do so in accordance with the navigational rules.
    The commenter disagreed with the Coast Guard's suggested use of on-
water assembly areas. Prior to promulgation of the initial safety zone, 
outreach meetings were held between the local Captain of the Port, 
Columbia River Pilots, and union members. Based on input from these 
meetings, the Coast Guard designated on-water assembly areas where 
protesters could safely exercise their First Amendment rights. However, 
protestors are not required to restrict their protest activities to 
these assembly areas and may operate in any part of the river outside 
of the zones so long as they do so in accordance with the navigational 
rules.
    The commenter expressed the importance of ``on-water picketing'' in 
publicizing the ongoing labor dispute and stated that the safety zones 
unnecessarily burden the ability of protesters to convey their message 
to their intended audience of ``incoming vessels.'' The Coast Guard 
disagrees. Nothing in this rule prevents union members from protesting 
on the water. The safety zones created by the rule apply to all vessels 
not otherwise exempted and are intended to ensure the safe navigation 
of maritime traffic and protect the safety of life and property on the 
Columbia and Willamette rivers and all adjoining tributaries. The zones 
address the hazardous conditions for vessels operating in the area due 
to the maneuvering characteristics of grain-shipment vessels and the 
safety sensitive mid-stream personnel transfers conducted by grain-
shipment assist vessels with which recreational boaters and protesters 
may be unfamiliar. Vessel operators, including protestors, may operate 
in any part of the river outside of the zones so long as they do so in 
accordance with the navigational rules. Additionally, the safety zones 
are not so large as to prevent vessels from coming within sight or 
sound of inbound grain-shipment and grain-shipment assist vessels. The 
recommended on-water assembly areas were proposed specifically to 
identify locations outside of the safety zones that allow protestors to 
safely communicate with their intended audience.
    Finally, the commenter asserts that the enforcement of these safety 
zones for a limited amount of time underscores the singling out of 
labor unions for differential treatment. The Coast Guard disagrees. The 
safety zones address safety hazards created by the navigation of 
recreational vessels in close proximity to the facilities to which 
large and less-maneuverable grain-shipment vessels are transiting. The 
enforcement of the safety zones for limited time periods is not for the 
purpose of singling out labor unions but is for the purpose of 
minimizing the impact on marine operators. The Coast Guard will enforce 
the safety zones for the minimal amount of time necessary to help 
ensure the safe navigation for all vessels in the vicinity. The safety 
zones created by this rule apply to all vessels not otherwise exempted, 
regardless of whether they are engaged in union activities.

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 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 received 0 comments from the Small Business 
Administration on this rule. 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 zones 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 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 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If this 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

[[Page 70861]]

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. 
In preparing this temporary final 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, in coordination with protesters, 
recommended water areas 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 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 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, the Temco Kalama facility on the Columbia River 
in Kalama, WA, and the Louis Dreyfus Commodities facility on the 
Willamette River in Portland, OR. 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 International Regulations for 
Preventing Collisions at Sea, 1972 (commonly called 72 COLREGS) and the 
Inland Navigation Rules published in 33 CFR Part 83.

[[Page 70862]]

    (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) Grain-shipment vessel means any vessel bound for, departing 
from, or having previously loaded cargo at any of the following 
waterfront facilities: Columbia Grain in Portland, OR, United Grain 
Corporation in Vancouver, WA, Temco Irving in Portland, OR, Temco 
Kalama in Kalama, WA, or Louis Dreyfus Commodities in Portland, OR. 
This includes any vessel leaving anchor in the Columbia and Willamette 
Rivers that is bound for or had previously departed from the 
aforementioned waterfront facilities.
    (7) Grain-shipment assist vessel means any vessel bound for or 
departing from a grain-shipment vessel to assist it in navigation 
during the movement of the grain-shipment vessel in the Columbia and 
Willamette Rivers and their tributaries. This includes but is not 
limited to tugs, pilot boats, and launches.
    (8) Oregon Law Enforcement Officer means any Oregon Peace Officer 
as defined in Oregon Revised Statutes section 161.015.
    (9) 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 
45-38'34'' N/122-46'11'' W then heading 150 yards offshore to 45-
38'37'' N/122-46'16'' W then heading up river 380 yards to 45-38'30'' 
N/122-46'28'' W then heading 150 yards to the shoreline ending at 45-
38'27'' N/122-46'24'' W.
    (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 45-37'52'' N/122-41'46'' W then heading 150 yards offshore 
to 45-37'48'' N/122-41'50'' W then heading up river 470 yards to 45-
37'40'' N/122-41'34'' W then heading 175 yards to the shoreline ending 
at 45-37'44'' N/122-41'29'' W.
    (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'' W 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'' W then heading 150 yards to the shoreline ending at 45-59'00'' 
N/122-50'01'' W.
    (5) Louis Dreyfus Commodities. 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 45-31'49'' N/122-40'15'' W then heading 70 yards offshore 
to 45-31'48'' N/122-40'17'' W then heading up river 300 yards to 45-
31'41'' N/122-40'09'' W then heading 100 yards to the shoreline ending 
at 45-31'43'' N/122-40'06'' W.
    (c) Effective Period. This section is effective without actual 
notice from November 27, 2013 until November 27, 2015 and will be 
activated for enforcement as described in paragraph (d) of this 
section. Actual notice will be used from the date the rule was signed, 
October 31, 2013, until November 27, 2013.
    (d) Enforcement Periods. The Sector Columbia River Captain of the 
Port will cause notice of the enforcement of the grain facilities 
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 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 the 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) 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

[[Page 70863]]

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: October 31, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013-28362 Filed 11-26-13; 8:45 am]
BILLING CODE 9110-04-P