[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Pages 47567-47572]
[FR Doc No: 2013-18983]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. 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 has established 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. This rule revises the
safety zones already promulgated to add one additional grain facility,
respond to comments already received, and to correct typographical
errors in previous versions of the safety zones at the Columbia Grain
and United Grain Corporation facilities.

DATES: This rule will be enforced with actual notice from July 24,
2013, until August 6, 2013. This rule is effective in the Code of
Federal Regulations from August 6, 2013, until November 4, 2013.
    Comments and related material must be received by the Coast Guard
on or before September 5, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before August 13, 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:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    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 Lieutenant Junior Grade Ian P. McPhillips, Waterways
Management Division, Marine Safety Unit Portland, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

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

    On February 4, 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 7665). In that temporary interim rule,
the Coast Guard established temporary safety zones near four Pacific
Northwest Grain Handlers Association facilities. This rule adds an
additional safety zone near the Louis Dreyfus Commodities facility to
those already established, corrects an error in the geographic
coordinates of two others, and further defines grain-shipment assist
vessels. The errors revised in this rule are incorrect geographic
coordinates for the Columbia Grain and United Grain Corporation
facilities. The portions of this rulemaking that are unchanged from the
previous rulemaking were previously subject to notice and comment.
    Some parts of this regulation have not been subject to public
notice and comment. The Louis Dreyfus Commodities safety zone, the
corrections to positions in previously listed safety zones, and the
revised definition of grain-shipment assist vessels are being published
with without prior notice and comment pursuant to authority under
section 4(a) of the Administrative Procedure Act. Section 4(a)
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)
for this rule because to do so would be impracticable. 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, persons participating in protest
activities, vessel crews, the vessels themselves, the facilities, and
law enforcement personnel from hazardous, close-quarters protest
activities that may occur prior to conclusion of a notice and comment
period before promulgation.
    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 the
portions of this rule that have changed from the previous rulemaking,
which was subject to notice and comment 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.
    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 delay the effective date 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 zones' effectiveness
and usefulness in protecting persons, property, and the safe navigation
of maritime traffic before 30 days have elapsed.
    The previous rule was published in the Federal Register on February
4, 2013 (78 FR 7665). Although the Coast Guard had good cause to issue
that temporary interim rule without first publishing a proposed rule,
it invited the submission of post-promulgation comments and related
material regarding that rule through March 6,

2013. The Coast Guard received one comment.

C. Basis and Purpose

    These safety zones have been 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. In addition, these safety
zones around the grain facilities are intended to ensure that members
of the maritime public, those participating in protest activities on
the water, law enforcement personnel, and vessel crews 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 they have
been enforced for narrow spans of time and only after notice is
provided via Broadcast Notice to Mariners.
    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.

D. Discussion of Comments, Changes and the Interim Rule

    The Coast Guard received one comment on the temporary interim rule
published on February 4, 2013. 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 vessels calling on the
affected facilities. The deep-draft grain shipment vessels that call on
these facilities are typically between 600 and 800 feet in length. In
general, deep-draft grain shipment vessels maneuvering to berth
approach at slow ahead, roughly between 6 knots and 4 knots. At this
speed, these vessels can stop in four ship lengths or about 1,000
yards. Based on these speed and deceleration rates, a vessel would have
roughly two minutes to clear the 150 yard width of the zone in
sufficient time so as not to collide with incoming vessels.
Establishing a safety zone that can be enforced before this two minute
pre-collision period significantly reduces the risk posed by limited
ship-to-boat communications and the potential for small boat propulsion
failure.
    The commenter expressed the importance of ``on-water picketing'' in
publicizing the ongoing labor dispute and concern that the safety zones
unnecessarily burden the International Longshore and Warehouse Union's
ability to convey their message. The line of sight on the river is
approximately 450 yards. Consequently, only one of the five safety
zones contained in 33 CFR 165.T13-240 could conceivably put vessels
wishing to be seen out of sight of arriving vessels and then only until
the in-bound vessel crosses the first 20 or 30 yards of the zone. As no
safety zone extends more than 175 yards from the shore of any facility,
none of the zones put vessels wishing to be seen out of sight of the
facilities, as those wishing to picket could do so adjacent to the
safety zone. Though the commenter emphasized its targeted audience is
those involved in delivering grain shipments, it is worth noting that
the facilities adjacent to which these safety zones have been
established are not located in areas accessible to the general public
like a park or boardwalk, such that the safety zones deprive vessel
operators from being within sight of large audiences.
    The commenter also criticized the suggested on-water assembly areas
because most are upstream of the facility and not downstream of the
facility. These areas were suggested prior to the regulation, but after
dialogue between the union members and the Captain of the Port. Vessel
operators may operate in any part of the river outside of the zones so
long as they do so in accordance with the navigational rules. Finally,
the comment misconceives the safety zones as being continuously
enforced. The rule has been and will be enforced for narrow spans of
time and only after notice is provided via Broadcast Notice to
Mariners.
    The safety zone around Columbia Grain is 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. 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. The typographical
correction to this zone aligns the listed coordinates with the
described dimensions. 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
45-37'52'' 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. 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. The
typographical correction to this zone aligned the listed coordinates
with the described dimensions. 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
also 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. 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'' W 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.
    The safety zone around Louis Dreyfus Commodities in Portland, OR is
also 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. In essence, these boundaries
extend from the shoreline of the facility 70-100 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 zones unless authorized by the Sector Columbia River Captain of
the Port or his designated representatives.

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 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 interim 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 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, 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.
    (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. The safety zones created in this section will
be in effect from July 24, 2013 and will be enforced until 90 days from
date of publication in the Federal Register. 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 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 rules set out in this section. Upon
notice of suspension of enforcement by the Sector Columbia River
Captain of the Port, all persons and vessels are authorized to enter,
transit, and exit the safety zone, consistent with the Navigation
Rules.
    (e) Regulation. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into or movement within these zones is
prohibited unless authorized by the Sector Columbia River Captain of
the Port, the official patrol, or other designated representatives of
the Captain of the Port.
    (2) To request authorization to enter or operate within the safety
zone contact the on-scene official patrol on VHF-FM channel 16 or 13,
or the Sector Columbia River Command Center at phone number (503) 861-
6211. Authorization will be granted based on the necessity of access
and consistent with safe navigation.
    (3) Vessels authorized to enter or operate within the safety zone
shall operate at the minimum speed necessary to maintain a safe course
and shall proceed as directed by the on-scene official patrol. The
Navigation Rules shall apply at all times within the safety zone.
    (4) Maneuver-restricted vessels. When conditions permit, the on-
scene official patrol, or a designated representative of the Captain of
the Port at the Sector Columbia River Command Center, should:
    (i) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to enter or operate within the
safety zone in order to ensure a safe passage in accordance with the
Navigation Rules; and
    (ii) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor within the safety zone; and
    (iii) Permit vessels that must transit via a navigable channel or
waterway to enter or operate within the safety zone in order to do so.
    (f) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraph (e) of this section.
    (g) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer,
Oregon Law Enforcement Officer, or Washington Law Enforcement Officer
may enforce the rules contained in this section pursuant to 46 U.S.C.
70118. In addition, the Captain of the Port may be assisted by other
federal, state, or local agencies in enforcing this section.
    (h) Waiver. The Captain of the Port Columbia River may waive any of
the requirements of this section for any vessel or class of vessels
upon finding that operational conditions or other circumstances are
such that application of this section is unnecessary or impractical for
the purpose of port safety or environmental safety.

    Dated: July 24, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013-18983 Filed 8-5-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19681-19682]
[FR Doc No: 2023-06797]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0002]

Walking and Working Surfaces Standard for General Industry;
Extension of the Office of Management and Budget's (OMB) Approval of
the Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Walking and
Working Surfaces Standard for General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by
June 2, 2023.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2013-0002) for the Information Collection Request
(ICR). OSHA will place all comments and requests to speak, including
any personal information you provide, in the public docket without
change, which may be made available online at http://www.regulations.gov. Therefore, OSHA cautions interested parties about
submitting personal information such as social security numbers and
birthdates. For further information on submitting comments, see the
``Public Participation'' heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. All documents in the docket
(including this Federal Register notice) are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through the
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>) for assistance in
locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the

desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (See 29 U.S.C. 657). The OSH Act also requires that OSHA
obtain such information with minimum burden upon employers, especially
those operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(See 29 U.S.C 657).
    The following sections describe who uses the information collected
under each requirement, as well as how they use it. The purpose of
these requirements are to help employers protect workers from slip,
trip, and fall hazards.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions to
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend approval of the information
collection requirements contained in the Walking and Working Surfaces
Standard for General Industry (29 CFR part 1910, subpart D). OSHA is
requesting to maintain the estimated hour and cost burdens approved
under the previous package.
    OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Walking and Working Surfaces for General Industry (29 CFR
1910, subpart D).
    OMB Control Number: 1218-0199.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 487,500.
    Number of Responses: 1,032,860.
    Frequency of Response: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 498,640.
    Estimated Cost (Operation and Maintenance): $54,697,500.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax), if your comments, including
attachments are not longer than 10 pages you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>; or (3) by hard copy. All comments,
attachments, and other material must identify the agency name and the
OSHA docket number for the ICR (Docket No. OSHA-2013-0002). You may
supplement electronic submissions by uploading document files
electronically.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>)
for information about materials not available through the website, and
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020
(85 FR 58393).

    Signed at Washington, DC, on March 28, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-06797 Filed 3-31-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 56984-56985]
[FR Doc No: 2015-23559]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0102; FRL-9934-30-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Oil and Natural Gas Production and
Natural Gas Transmission and Distribution (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Oil and Natural Gas
Production and Natural Gas Transmission and Distribution (40 CFR part
60, subpart OOOO) (Renewal)'' (EPA ICR No. 2437.03, OMB Control No.
2060-0673) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). This is a proposed extension of the ICR, which is currently
approved through September 30, 2015. Public comments were previously
requested via the Federal Register (79 FR 30117) on May 27, 2014 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An Agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before October 21,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0102, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit www.epa.gov/dockets.
    Abstract: The NSPS covers the requirements at Subpart OOOO. The
existing provisions of Subparts KKK/LLL will be included in this
subpart along with the new proposed provisions for the following
affected facilities: Gas wellheads, pneumatic controllers, centrifugal
and reciprocating compressors, and storage vessels. The oil and natural
gas sector includes operations involved in the extraction and
production of oil and natural gas, as well as the processing,
transmission, and distribution of natural gas. The potential
respondents are owners or operators of oil and gas affected facilities
found throughout these industry segments. We estimate 500 entities will
be affected by this NSPS.
    Form Numbers: None.
    Respondents/affected entities: Oil and natural gas production and
natural gas transmission and distribution facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart OOOO).
    Estimated number of respondents: 596 (total).
    Frequency of response: Initially, semiannually and annually.
    Total estimated burden: 93,900 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $11,200,000 (per year), includes $1,750,000
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase in the total
estimated respondent burden and total annual O&M as currently
identified in the OMB Inventory of Approved Burdens. This burden
increase is due to adjustments EPA has made to account for industry
growth that has occurred since the ICR was last approved.
    EPA has also revised the respondent burden associated with
compressor notifications and storage vessel annual reports. The
previous ICR assumed respondents would submit initial notifications for
affected centrifugal and reciprocating compressors. These sources,
however, are not subject to initial notification requirements, thus we
have removed them from the burden calculations. For storage vessels,
the previous ICR assumed respondents would complete an individual
report for each affected storage vessel. The rule, however, allows
respondents to submit a single report for all affected storage vessels
at their site. EPA's experience has been that respondents typically
consolidate reporting activities in order to reduce the overall
reporting burden. For this reason, we have revised the

burden calculations to assume each respondent will submit a single
report.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-23559 Filed 9-18-15; 8:45 am]
 BILLING CODE 6560-50-P