[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67008-67010]
[FR Doc No: 2016-23550]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0009]

Advisory Committee on Construction Safety and Health (ACCSH)

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

ACTION: Announcement of ACCSH meeting and request for nominations for
membership on ACCSH.

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SUMMARY: ACCSH will meet November 30-December 1, 2016, in Washington,
DC. OSHA also announces the Assistant Secretary of Labor's request for
nominations for membership on ACCSH.

DATES:
    ACCSH meeting: ACCSH will meet from 1:00 to 5:00 p.m., e.t.,
Wednesday, November 30, 2016, and from 9:00 a.m. to 5:00 p.m.,
Thursday, December 1, 2016.
    Submit (postmark, send, transmit) comments, requests to address the
ACCSH meeting, speaker presentations (written or electronic), and
requests for special accommodations for the ACCSH meeting, by November
11, 2016.
    Nominations for ACCSH membership: Submit nominations for ACCSH
membership by January 27, 2017.

ADDRESSES:
    Submission of comments, requests to speak, and speaker
presentations for the ACCSH meeting: Submit comments, requests to
speak, and speaker presentations for the ACCSH meeting, using one of
the following methods:
    Electronically: Submit materials, including attachments,
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submissions.
    Facsimile (Fax): If the submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand delivery, or messenger (courier)
service: Submit materials to the OSHA Docket Office, Docket No. OSHA-
2016-0009, Room N-2625, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY (877)
889-5627). OSHA's Docket Office accepts deliveries (hand deliveries,
express mail, and messenger service) during normal business hours, 8:15
a.m.-4:45 p.m., e.t., weekdays.
    Instructions: Submissions must include the agency name and docket
number for this Federal Register notice

(Docket No. OSHA-2016-0009). Due to security-related procedures,
submissions by regular mail may experience significant delays. Please
contact the OSHA Docket Office for information about security
procedures for making submissions. For additional information on
submitting comments, requests to speak, and speaker presentations, see
the SUPPLEMENTARY INFORMATION section of this notice.
    OSHA will post comments, requests to speak, and speaker
presentations, including any personal information provided, without
change, at: http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.
    Location of the ACCSH meeting: ACCSH will meet in Room N-3437 A-C,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210.
    Requests for special accommodations: Please submit requests for
special accommodations to attend the ACCSH meeting to Ms. Gretta
Jameson, OSHA, Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999; email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For general information about ACCSH, the ACCSH meeting, and ACCSH
membership: Mr. Damon Bonneau, OSHA, Directorate of Construction, Room
N-3468, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at: http://www.regulations.gov.
This notice, as well as news releases and other relevant information,
also are available on the OSHA Web page at: http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. ACCSH Meeting

    Background: ACCSH will meet November 30-December 1, 2016, in
Washington, DC. The meeting is open to the public. OSHA transcribes
ACCSH meetings and prepares detailed minutes of meetings. OSHA places
the transcript and minutes in the public docket for the meeting. The
docket also includes speaker presentations, comments, and other
materials submitted to ACCSH.
    ACCSH advises the Secretary of Labor and the Assistant Secretary of
Labor for Occupational Safety and Health (Assistant Secretary) in the
formulation of standards affecting the construction industry, and on
policy matters arising in the administration of the safety and health
provisions under the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.) and the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH Act
and CSA require that the Assistant Secretary consult with ACCSH before
the Agency proposes any occupational safety and health standard
affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704).
    Meeting agenda: The tentative agenda for this meeting includes:
     Assistant Secretary's Agency update and remarks;
     Directorate of Construction update;
     ACCSH's consideration of, and recommendation on, the
following proposals:

--Clarification of requirements in the crane standard regarding the
design of buckets used for personnel hoisting; the use of anti-two
blocking devices on cranes with telescoping booms; and staying clear of
loads suspended from floating cranes and land cranes on barges;
--Clarification of requirements in the crane standard regarding
modification and design of railroad cranes;

     NIOSH update;
     Directorate of Technical Support and Emergency Management
update;
     Discussion on ACCSH Workgroups;
     National Safety Stand-Down update; and,
     Public Comment Period.
    Attending the meeting: Individuals attending the meetings at the
U.S. Department of Labor must enter the building at the visitors'
entrance, 3rd and C Streets NW., and pass through building security.
Attendees must have valid government-issued photo identification (such
as a driver's license) to enter the building. For additional
information about building-security measures for attending ACCSH
meetings, please contact Ms. Jameson (see ``Requests for special
accommodations'' in the ADDRESSES section of this notice).
    Requests to speak and speaker presentations: Attendees who want to
address ACCSH at the meeting must submit a request to speak, as well as
any written or electronic presentation, by November 11, 2016, using one
of the methods listed in the ADDRESSES section. The request must state:
     The amount of time requested to speak;
     The interest you represent (e.g., business, organization,
affiliation), if any; and
     A brief outline of your presentation.
    PowerPoint presentations and other electronic materials must be
compatible with PowerPoint 2010 and other Microsoft Office 2010
formats.
    Alternately, at the ACCSH meeting, you may request to address ACCSH
briefly by signing the public-comment request sheet and listing the
topic(s) you will address. You also must provide 20 hard copies of any
materials, written or electronic, you want to present to ACCSH.
    The ACCSH Chair may grant requests to address ACCSH as time and
circumstances permit.
    Public docket of the ACCSH meeting: OSHA will place comments,
requests to speak, and speaker presentations, including any personal
information you provide, in the public docket of this ACCSH meeting
without change, and those documents will be available online at: http://www.regulations.gov. OSHA also places in the public docket the meeting
transcript, meeting minutes, documents presented at the ACCSH meeting,
and other documents pertaining to the ACCSH and ACCSH Workgroup
meetings. These documents are available online at: http://www.regulations.gov.
    Access to the public record of the ACCSH meeting: To read or
download documents in the public docket of this ACCSH meeting, go to
Docket No. OSHA-2016-0009 at: http://www.regulations.gov. The http://www.regulations.gov index also lists all documents in the public record
for this meeting; however, some documents (e.g., copyrighted materials)
are not publicly available through that Web page. All documents in the
public record, including materials not available through http://www.regulations.gov, are available for inspection in the OSHA Docket
Office (see ADDRESSES section). Contact the OSHA Docket Office for
assistance in making submissions to, or obtaining materials from, the
public docket.

II. Request for Nominations for Membership on ACCSH

    The Assistant Secretary of Labor for Occupational Safety and Health
(Assistant Secretary) invites interested persons to submit nominations
for membership on ACCSH.

    Background: ACCSH is a continuing advisory committee established
under Section 107(e) of the CSA to advise the Secretary of Labor
(Secretary) in the formulation of construction safety and health
standards, as well as on policy matters arising under the CSA and the
OSH Act. In particular, 29 CFR 1911.10(a) and 1912.3(a) provide that
the Assistant Secretary shall consult with ACCSH whenever the Agency
proposes any safety or health standard that affects the construction
industry.
    ACCSH operates in accordance with the CSA, the OSH Act, the Federal
Advisory Committee Act (FACA) (5 U.S.C. App. 2), and regulations issued
pursuant to those statutes (29 CFR part 1912, 41 CFR part 102-3). ACCSH
generally meets two to four times a year.
    ACCSH membership: ACCSH consists of 15 members whom the Secretary
appoints. ACCSH members generally serve staggered two-year terms,
unless they resign, cease to be qualified, or become unable to serve,
or the Secretary removes them (29 CFR 1912.3(e)). The Secretary may
appoint ACCSH members to successive terms. No member of ACCSH, other
than members who represent employers or employees, shall have an
economic interest in any proposed rule that affects the construction
industry (29 CFR 1912.6).
    The categories of ACCSH membership, and the number of new members
to be appointed to replace members whose terms will expire, are:
     Five members who are qualified by experience and
affiliation to present the viewpoint of employers in the construction
industry--three employer representatives will be appointed;
     Five members who are similarly qualified to present the
viewpoint of employees in the construction industry--three employee
representatives will be appointed;
     Two representatives of State safety and health agencies--
one representative from a State safety and health agency will be
appointed;
     Two public members, qualified by knowledge and experience
to make a useful contribution to the work of ACCSH, such as those who
have professional or technical experience and competence with
occupational safety and health in the construction industry--one public
representative will be appointed; and
     One representative designated by the Secretary of the
Department of Health and Human Services and appointed by the
Secretary--no new appointment will be made.
    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse ACCSH membership. Any
interested person or organization may nominate one or more individuals
for membership on ACCSH. Interested persons also are invited and
encouraged to submit statements in support of nominees.
    Submission requirements: Nominations must include the following
information:
     Nominee's contact information and current employment or
position;
     Nominee's r[eacute]sum[eacute] or curriculum vitae,
including prior membership on ACCSH and other relevant organizations
and associations;
     Category of membership (employer, employee, public, State
safety and health agency) that the nominee is qualified to represent;
     A summary of the background, experience, and
qualifications that addresses the nominee's suitability for each of the
nominated membership categories;
     Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience, and expertise in
occupational safety and health, particularly as it pertains to the
construction industry; and
     A statement that the nominee is aware of the nomination,
is willing to regularly attend and participate in ACCSH meetings, and
has no conflicts of interest that would preclude membership on ACCSH.
    Member selection: The Secretary will select ACCSH members on the
basis of their experience, knowledge, and competence in the field of
occupational safety and health, particularly as it pertains to the
construction industry. Information received through this nomination
process, in addition to other relevant sources of information, will
assist the Secretary in appointing members to ACCSH. In selecting ACCSH
members, the Secretary will consider individuals nominated in response
to this Federal Register notice, as well as other qualified
individuals.
    Instructions for submitting nominations: All nominations,
supporting documents, attachments, and other materials must identify
the Agency name and the docket number for this Federal Register notice
(Docket No. OSHA-2016-0009). Submit materials electronically, by FAX,
or by hard copy. You may supplement electronic submissions by attaching
electronic files. If you supplement electronic submissions with hard-
copy documents, submit the hard copy documents to the OSHA Docket
Office and clearly identify the electronic submission by Agency name
and docket number (Docket No. OSHA-2016-0009) so the Docket Office can
attach the hard-copy documents to the appropriate electronic
submission.
    The OSHA Docket Office will post all submissions, including
personal information provided, in the docket without change. Therefore,
OSHA cautions interested parties about submitting personal information
such as Social Security numbers and birthdates. Guidance on submitting
nominations and supporting materials is available on-line at: http://www.regulations.gov and from the OSHA Docket Office.
    Access to docket: The http://www.regulations.gov index lists all
submissions provided in response to this Federal Register notice;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from that Web page. All submissions,
including materials not available on-line, are available for inspection
at the OSHA Docket Office. For information about accessing materials in
Docket No. OSHA-2016-0009, including materials not available on-line,
contact the OSHA Docket Office.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C.
App. 2; 29 CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-23550 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-26-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 25, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-16945

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Application of AMERICAN AIRLINES, INC. (AMERICAN) (and its
affiliates AMERICAN EAGLE AIRLINES, INC. and EXECUTIVE AIRLINES, INC.
d/b/a AMERICAN EAGLE) and COMPANIA MEXICANA DE AVIACION, S.A. DE C.V.
(MEXICANA) filed 1/26/05 for:

XX  Exemption for American under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between 1) Las Vegas, Nevada, and San Jose del Cabo, Mexico; 2)
Sacramento, California, and San Jose del Cabo, Mexico; and 3)
Sacramento, California, and Morelia, Mexico, and to integrate this
authority with its existing certificate and exemption authority.
American intends to operate this service pursuant to a code-share
arrangement with Mexicana, whereby the “AA” designator code will be
placed on flights operated by Mexicana in these markets.  The applicants
request that the exemption authority be granted for a period
co-extensive with the exemptions granted previously in the instant
docket (through April 29, 2006).

XX  Amended statement of authorization for Mexicana under CFR Part 212
to:

Permit American’s “AA” designator code to be placed on the flights
of Mexicana on the above-mentioned routes.

Applicant reps: Carl B. Nelson, Jr. (AA)<PHONE_NUMBER> and Charles F.
Donley II (MX)<PHONE_NUMBER>

DOT Analyst:   Thuy H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action granting new exemption authority to American was
effective when taken:  February 25, 2005, through April 29, 2006.

The above action granting an amended statement of authorization to
Mexicana was effective when taken: February 25, 2005, and will remain in
effect indefinitely, subject to the conditions below.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX   American’s certificates of public convenience and necessity

	XX   Standard exemption conditions (attached)

Conditions:   The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.

The route integration authority granted to American is subject to the
condition that any service provided under this authority shall be
consistent with the applicable bilateral aviation agreements between the
United States and the foreign countries involved.  Furthermore, (a)
nothing in the award of the route integration authority granted should
be construed as conferring upon American rights (including code-share,
fifth-freedom intermediate and/or beyond rights) to serve markets where
U.S. carrier entry is limited unless American notifies the Department of
its intent to serve such a market and unless and until the Department
has completed any necessary carrier selection procedures to determine
which carrier(s) should be authorized to exercise such rights; and (b)
should there be a request by any carrier to use the limited-entry route
rights that are included in American’s authority by virtue of the
route integration authority granted here, but that are not then being
used by American, the holding of such authority will not be considered
as providing any preference for American in a competitive carrier
selection proceeding to determine which carrier(s) should be entitled to
use the authority at issue.

The Statement of Authorization granted to Mexicana is subject to the
following conditions:

(a) The statement of authorization will remain in effect only as long as
American (and its affiliates) and Mexicana  continue to hold the
underlying authority to operate the code-share services at issue, and
the code-share agreement providing for the code-share operations remains
in effect.

(b) American (and its affiliates) and/or Mexicana must promptly notify
the Department (Office of International Aviation) if the code-share
agreement is no longer effective or if the carriers decide to cease
operating all or a portion of the approved code-share services. (Such
notice should be filed in Docket OST-2004-16945.)

(c) The code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendment to the Department’s
regulations concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in computer reservation systems and elsewhere;
that the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected.

(d) The authority granted here is specifically conditioned so that
neither American (and its affiliates) nor Mexicana shall give any force
or effect to any contractual provisions between themselves that are
contrary to these conditions.

________________________________________________________________________
______

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										  05/2004

 Mexicana already holds the underlying authority to serve each of these
routes. (See Notice of Action Taken dated December 22, 2004, in Docket
OST-2004-19820)

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33224-33228]
[FR Doc No: 2013-13137]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0010]
RIN 1625-AA00

Safety Zone; Grain-Shipment and Grain-Shipment Assist Vessels,
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 a temporary safety zone around
all inbound and outbound grain-shipment and grain-shipment assist
vessels involved in commerce with 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, or the Temco Kalama facility on
the Columbia River in Kalama, WA, or the Louis Dreyfus Commodities
facility on the Willamette River in Portland, OR while they are located
on the Columbia and Willamette Rivers and their tributaries. For grain-
shipment vessels, this safety zone extends to waters 500 yards ahead of
the vessel and 200 yards abeam and astern of the vessel. For grain-
shipment assist vessels, this safety zone extends to waters 100 yards
ahead of the vessel and 50 yards abeam and astern of the vessel. These
safety zones are being established to ensure that protest activities
related to a labor dispute do not create hazardous navigation
conditions for any vessel or other river user in the vicinity of these
safety zones.

DATES: Effective June 4, 2013. This rule has been enforced with actual
notice since May 14, 2013 and it will be enforced until September 3,
2013.
    Comments and related material must be received by the Coast Guard
on or before July 5, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before June 11, 2013.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0010. 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 Ensign Ian P. McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast

Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>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[frac12] 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 January 30, 2013, the Coast Guard published a temporary interim
rule and request for comments titled, ``Safety Zone; Grain-Shipment
Vessels; Columbia and Willamette Rivers'' in the Federal Register (78
FR 6209). In that temporary interim rule, the Coast Guard established
temporary safety zones around all inbound and outbound grain-shipment
vessels. This rule defines grain-shipment assist vessels and adds an
additional waterfront facility, Louis Dreyfus Commodities on the
Willamette River in Portland, OR. The portions of this rulemaking that
are unchanged from the previous rulemaking were previously subject to
notice and comment.
    The Coast Guard is issuing this temporary interim 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. The Coast Guard does not control the arrival of grain-
shipment vessels or planned protest activities. Protest activities are
unpredictable and potentially volatile and increased and unpredictable
vessel traffic associated with protest activities may result in injury
to persons, property, or the environment. Delaying the effective date
until 30 days after publication may mean that grain-shipment vessels
will have arrived or departed the Columbia and Willamette Rivers before
the end of the 30 day period. This delay would eliminate the safety
zone's effectiveness and usefulness in protecting persons, property,
and the safe navigation of maritime traffic before 30 days have
elapsed.
    The previous rule was published in the Federal Register on January
30, 2013 (78 FR 6209). 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 1, 2013. The Coast Guard
received no comments.
    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 July 5, 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

    This safety zone is 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 grain export facilities, anchorages, moorings, and
launches in the Sector Columbia River Captain of the Port Zone. In
addition, this safety zone is 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. This safety zone applies
equally to all waterway users and is intended to allow maximum use of
the waterway consistent with safe navigation. The impact of the safety
zone on maritime activity in the area is minimal because it has been
and will only be enforced at times when grain-shipment and grain-
shipment assist vessels are actively maneuvering. 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 the Interim Rule

    This rule establishes a temporary safety zone around grain-shipment
and grain-shipment assist vessels involved in commerce with 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,
or the Temco Kalama facility on the Columbia River in Kalama, WA, or
the Louis Dreyfus Commodities facility on the Willamette River in
Portland, OR while they are located on the Columbia and Willamette
Rivers and their tributaries. For grain-shipment vessels, this safety
zone extends to waters 500 yards ahead of the vessel and 200 yards
abeam and astern of the vessel. For grain-shipment assist vessels, this
safety zone extends to waters 100 yards ahead of the vessel and 50
yards abeam and astern of the vessel. No person or vessel may enter or
remain in the safety zone without authorization from the Sector
Columbia River Captain of the Port or his designated representatives.
    This rule has been enforced with actual notice since May 14, 2013
and it will be enforced until 90 days from the date of publication in
the Federal Register.

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 area, the effect of this rule will not
be significant because: (i) The safety zone is limited in size; (ii)
the official on-scene patrol may authorize access to the safety zone;
(iii) the safety zone will effect a limited geographical location for a
limited time; and (iv) the Coast Guard will make notifications via
maritime advisories so mariners can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: the owners and operators of vessels intending to
operate in the area covered by the safety zone created in this rule.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone is limited in size; (ii) the official on-scene patrol may
authorize access to the safety zone; (iii) the safety zone will effect
a limited geographical location for a limited time; and (iv) the Coast
Guard will make notifications via maritime advisories so mariners can
adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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 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,
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 or property in
the area.

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 a temporary safety
zone around grain-shipment vessels involved in commerce with grain
export facilities on the Columbia and Willamette Rivers. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

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.T13-239 to read as follows:

Sec.  165.T13-239  Safety Zone; Grain-Shipment and Grain-Shipment
Assist Vessels, Columbia and Willamette Rivers.

    (a) Definitions. As used in this section:
    (1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms
and make warrantless arrests and whose duties involve the enforcement
of criminal laws of the United States.
    (2) Navigable waters of the United States means those waters
defined as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules, International-
Inland.
    (4) Official Patrol means those persons designated by the Captain
of the Port to monitor a vessel safety zone, permit entry into the
zone, give legally enforceable orders to persons or vessels within the
zone and take other actions authorized by the Captain of the Port.
Federal Law Enforcement Officers authorized to enforce this section are
designated as the Official Patrol.
    (5) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
    (6) 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.
    (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) Location. The following areas are safety zones: All navigable
waters of the United States within the Sector Columbia River Captain of
the Port Zone, extending from the surface to the sea floor, that are:
    (1) Not more than 500 yards ahead of grain-shipment vessels and 200
yards abeam and astern of grain-shipment vessels underway on the
Columbia and Willamette Rivers and their tributaries.
    (2) Not more than 100 yards ahead of grain-shipment assist vessels
and 50 yards abeam and astern of grain-shipment assist vessels underway
on the Columbia and Willamette Rivers and their tributaries.
    (3) Within a maximum 200-yard radius of grain-shipment vessels when
anchored, at any berth, moored, or in the process of mooring on the
Columbia and Willamette Rivers.
    (c) Enforcement periods. (1) The Sector Columbia River Captain of
the Port will cause notice of the enforcement of the grain-shipment and
grain-shipment assist vessels 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.
This notification of enforcement will identify the grain-shipment
vessel by name and IMO number and the grain-shipment assist vessels by
name. 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.
    (2) 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.
    (d) 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.
    (e) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraph (e) of this section.
    (f) 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.
    (g) 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: May 14, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013-13137 Filed 6-3-13; 8:45 am]
BILLING CODE 9110-04-P