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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Definitions. As used in this section:
(1) Federal Law Enforcement Officer means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
(2) Navigable waters of the United States means those waters defined as such in 33 CFR part 2.
(3) Navigation Rules means the Navigation Rules, International–Inland.
(4) Official Patrol means those persons designated by the Captain of the Port to monitor a safety zone, permit entry into the zone, give legally enforceable orders to persons or vessels within the zone and take other actions authorized by the Captain of the Port. Federal Law Enforcement Officers authorized to enforce this section are designated as the Official Patrol.
(5) Public vessel means vessels owned, chartered, or operated by the United States, or by a State or political subdivision thereof.
(6) Oregon Law Enforcement Officer means any Oregon Peace Officer as defined in Oregon Revised Statutes section 161.015.
(7) Washington Law Enforcement Officer means any General Authority Washington Peace Officer, Limited Authority Washington Peace Officer, or Specially Commissioned Washington Peace Officer as defined in Revised Code of Washington section 10.93.020.
(b) Locations. The following areas are safety zones:
(1) TEMCO Kalama: All navigable waters of the United States within the Sector Columbia River Captain of the Port Zone enclosed by three lines and the shoreline: Line one starting on the shoreline at 45–59'10” N/122–50'09” W then heading 150 yards offshore to 45–59'09” N/122–50'14” W then heading up river 385 yards to 45–58'58” N/122–50'07” then heading 150 yards to the shoreline ending at 45–59'00” N/122–50'01” W.
(2) TEMCO Portland: All navigable waters of the United States within the Sector Columbia River Captain of the Port Zone enclosed by three lines and the shoreline: Line one starting on the shoreline at 45–32'10” N/122–40'34” W then heading 150 yards offshore to 45–32'09” N/122–40'39” W then heading up river 275 yards to 45–32'01” N/122–40'33” then heading 150 yards to the shoreline ending at 45–32'04” N/122–40'28” W.
(c) Effective period. The safety zones created in this section will be in effect from December 7, 2012 and will be enforced until 30 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.
(1) The Sector Columbia River Captain of the Port will cause notice of the enforcement of these safety zones to be made by all appropriate means to effect the widest publicity among the affected segments of the public as practicable, in accordance with 33 CFR 165.7. Such means of notification may include, but are not limited to, Broadcast Notices to Mariners or Local Notices to Mariners. The Sector Columbia River Captain of the Port will issue a Broadcast Notice to Mariners and Local Notice to Mariners notifying the public when enforcement of these safety zones is suspended.
(2) Upon notice of enforcement by the Sector Columbia River Captain of the Port the Coast Guard will enforce these safety zones in accordance with rules set out in this section. Upon notice of suspension of enforcement by the Sector Columbia River Captain of the Port, all persons and vessels are authorized to enter, transit, and exit the safety zones, consistent with the Navigation Rules.
(e) Regulation.
(1) In accordance with the general regulations in § 165.23 of this part, entry into or movement within these zones is prohibited unless authorized by the Sector Columbia River Captain of the Port, the official patrol, or other designated representatives of the Captain of the Port.
(2) To request authorization to enter or operate within these safety zones contact the on-scene official patrol on VHF–FM channel 16 or 13. Authorization will be granted based on the necessity of access and consistent with safe navigation.
(3) Vessels authorized to enter or operate within these safety zones shall operate at the minimum speed necessary to maintain a safe course and shall proceed as directed by the on-scene official patrol. The Navigation Rules shall apply at all times within the safety zones.
(f) Exemption. Public vessels as defined in paragraph (a) of this section are exempt from complying with paragraph (e) of this section.
(g) Enforcement. Any Coast Guard commissioned, warrant, or petty officer may enforce the rules in this section. In the navigable waters of the United States to which this section applies, when immediate action is required and representatives of the Coast Guard are not present or are not present in sufficient force to provide effective enforcement of this section, any Federal Law Enforcement Officer, Oregon Law Enforcement Officer, or Washington Law Enforcement Officer may enforce the rules contained in this section pursuant to 46 U.S.C. 70118. In addition, the Captain of the Port may be assisted by other federal, state, or local agencies in enforcing this section.
(h) Waiver. The Sector Columbia River Captain of the Port may waive any of the requirements of this section for any vessel or class of vessels upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purpose of port safety or environmental safety.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.165.T13.237 Safety Zones; TEMCO Grain Facilities; Columbia and Willamette Rivers - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-165-t13-237/
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