Safety Zone; 2014 International Oil Spill Conference On-Water and Aerial Technical Demonstration; Savannah River, Savannah, Georgia, 15275-15278 [2014-05943]
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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Proposed Rules
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘FPLA Rules, 16 CFR Parts 500–
503, Project No. R411015’’ on your
comment and on the envelope and mail
or deliver it to the following address:
Federal Trade Commission, Office of the
Secretary, Room H–113 (Annex G), 600
Pennsylvania Avenue NW., Washington,
DC 20580. If possible, submit your
paper comment to the Commission by
courier or overnight service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments received on or before
May 21, 2014. You can find more
information, including routine uses
permitted by the Privacy Act, in the
Commission’s privacy policy, at https://
www.ftc.gov/ftc/privacy.htm.
List of Subjects in 16 CFR Parts 500
Through 503
Labeling, Packaging and containers.
Authority: 15 U.S.C. 1453, 1454, 1455,
1456.
By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2014–06066 Filed 3–18–14; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF THE INTERIOR
30 CFR Part 553
[Docket ID: BOEM–2012–0076;
MMAA104000]
RIN 1010–AD87
Consumer Price Index Adjustments of
the Oil Pollution Act of 1990 Limit of
Liability for Offshore Facilities
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Proposed rule—extension of
public comment period.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
AGENCY:
BOEM has proposed to add a
new subpart G to its regulations on Oil
Spill Financial Responsibility (OSFR)
for Offshore Facilities designed to
increase the limit of liability for
damages applicable to offshore facilities
under the Oil Pollution Act of 1990
(OPA), to reflect significant increases in
the Consumer Price Index (CPI) since
1990, and to establish a methodology
SUMMARY:
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BOEM would use to periodically adjust
for inflation the OPA offshore facility
limit of liability.
BOEM is publishing this update to its
regulations and is soliciting public
comments on the method of updates,
the clarity of the rule and any other
pertinent matters. The Department
originally limited the rulemaking
comment period to 30 days since it did
not anticipate receiving significant
comments on this rulemaking. Since the
publication of this proposed rule on
Monday, February 24, 2014 (79 FR
10056), numerous comments have been
received and various groups have
requested that additional time be
provided for them to review and analyze
the implications of this proposed rule.
For that reason, the comment period is
being extended by an additional 30
days. The new comment period will
elapse 60 days from February 24, 2014,
the original date of publication of the
proposed rule.
DATES: Submit comments by April 25,
2014.
You may submit comments
on the rulemaking by any of the
following methods. Please use the
Regulation Identifier Number (RIN)
1010–AD87 as an identifier in your
submission.
• Federal eRulemaking Portal: https://
www.regulations.gov. In the entry
entitled, ‘‘Enter Keyword or ID,’’ enter
BOEM–2012–0076, then click search.
Follow the instructions to submit public
comments and view supporting and
related materials available for this
rulemaking. BOEM will post all
comments received during the comment
period.
• Mail or hand-carry comments to the
Department of the Interior; Bureau of
Ocean Energy Management; Attention:
Peter Meffert, Office of Policy,
Regulations and Analysis (OPRA); 381
Elden Street, MS–4001, Herndon,
Virginia 20170–4817. Please reference
‘‘Consumer Price Index Adjustments of
the Oil Pollution Act of 1990 Limit of
Liability for Offshore Facilities’’ in your
comments and include your name and
return address so that we may contact
you if we have questions regarding your
submission.
• Email comments to the Department
of the Interior; Bureau of Ocean Energy
Management; Attention: Peter Meffert,
Office of Policy, Regulations and
Analysis (OPRA) at peter.meffert@
boem.gov.
15275
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the limit of liability
established by this proposed rule, or
related to the limits of liability
adjustment process, should be directed
to Dr. Marshall Rose, Chief, Economics
Division, Office of Strategic Resources,
Bureau of Ocean Energy Management at
381 Elden Street, MS–4050 Herndon,
Virginia 20170–4817 at (703) 787–1538
or email at marshall.rose@boem.gov.
Dated: March 11, 2014.
Tommy P. Beaudreau,
Principal Deputy Assistant Secretary—Land
and Minerals Management.
[FR Doc. 2014–06047 Filed 3–18–14; 8:45 am]
BILLING CODE 4310–MR–P
ADDRESSES:
Public Availability of Comments
• Before including your address,
phone number, email address, or other
personal identifying information in your
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0045]
RIN 1625–AA00
Safety Zone; 2014 International Oil
Spill Conference On-Water and Aerial
Technical Demonstration; Savannah
River, Savannah, Georgia
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the Savannah River near the
Westin Resort, Savannah, Georgia, on
Wednesday, May 7, 2014. The safety
zone is necessary to provide for the
safety of life on navigable waters during
the International Oil Spill Conference
On-Water and Aerial Technical
Demonstration. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Savannah or
a designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 7, 2014. Requests for
public meetings must be received by the
Coast Guard by April 7, 2014.
SUMMARY:
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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Proposed Rules
You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Zeke Rissman, Marine Safety Unit
Savannah Prevention Department, Coast
Guard; telephone (912) 652–4353 ext.
241, email Harold.E.Rissman@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
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 https://
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 https://
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
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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
https://www.regulations.gov, type the
docket number USCG–2014–0045 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 81⁄2 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
https://www.regulations.gov, type the
docket number USCG–2014–0045 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
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and place announced by a later notice
in the Federal Register.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 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.
The purpose of the proposed rule is
to protect the demonstration
participants and the general public from
the hazards associated with the
International Oil Spill Conference OnWater and Aerial Technical
Demonstration.
C. Discussion of Proposed Rule
On Wednesday, May 7, 2014, from
3:00 p.m. until 6:30 p.m., the Bureau of
Safety and Environmental Enforcement
(BSEE) will conduct the International
Oil Spill Conference On-Water and
Aerial Technical Demonstration on the
Savannah River, near the Westin Resort,
located in Savannah, Georgia.
The proposed rule would establish a
fixed safety zone for all waters
extending 1500 yards to either side of
the vessels in the display area, near the
Westin Resort in Savannah, Georgia.
The International Oil Spill Conference
On-Water and Aerial Technical
Demonstration will take place in the
area of the Westin Resort, at
approximate position 32 4′ 54.9″ N/081
5′ 9.1″ W. All coordinates are North
American Datum 1983. The safety zone
will be enforced on Wednesday, May 7,
2014, from 3:00 p.m. until 6:30 p.m. All
persons and vessels, except those
persons and vessels participating in the
operation, are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the safety
zone by contacting the Captain of the
Port Savannah by telephone at 912–
652–4353, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
designated area is granted by the
Captain of the Port Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative. The Coast
Guard will provide notice of the
regulated area by Local Notice to
Mariners, Broadcast Notice to Mariners,
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and on-scene designated
representatives.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
1. Regulatory Planning and Review
This proposed 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.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) The safety zone will only be
enforced for a total of three and one-half
hours; (2) vessel traffic in the area is
expected to be minimal during the
enforcement period; (3) although
persons and vessels will not be able to
enter, transit through, anchor in, or
remain within the safety zone without
authorization from the Captain of the
Port Savannah or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (4) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Savannah or a designated
representative; and (5) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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 proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule may affect the
following entities, some of which may
be small entities: the owners or
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operators of vessels intending to enter,
transit through, anchor in, or remain
within that portion of the Savannah
River, Savannah, Georgia encompassed
within the safety zone during the
International Oil Spill Conference OnWater and Aerial Technical
Demonstration on Wednesday, May 7,
2014, from 3:00 p.m. until 6:30 p.m. For
the reasons discussed in the Regulatory
Planning and Review section above, this
proposed rule will not have a significant
economic impact on a substantial
number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed 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 section above. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a temporary safety
zone that will be enforced on
Wednesday, May 7, 2014, from 3:00
p.m. until 6:30 p.m.. This proposed rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Technical Demonstration will take place
in the area of the Westin Resort, at
approximate position 32 4′ 54.9″ N/081
5′ 9.1″ W. All coordinates are North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Savannah in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Savannah or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Savannah by telephone at (912) 247–
0073, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective date. This rule will be
enforced on Wednesday, May 7, 2014,
from 3 p.m. until 6:30 p.m.
AGENCY:
consideration (Commercial Dog
Walkers). The limit would require any
such Commercial Dog Walker in Area B
to possess a valid commercial dog
walking permit obtained from the
National Park Service (NPS), Golden
Gate National Recreation Area
(GGNRA).
Commercial Dog Walkers would be
required to comply with the terms and
conditions of the GGNRA permit as well
as those rules and regulations otherwise
applicable to Area B of the Presidio. The
permit would allow a maximum of six
dogs per Commercial Dog Walker at any
one time. The GGNRA commercial dog
walking permit requirement is a
compendium amendment being
proposed for all GGNRA sites in San
Francisco and Marin County that allow
dog walking, and would be
implemented concurrently with the
Trust’s proposed rule. Both are interim
actions and would remain in effect until
the final special regulation for dog
walking in the GGNRA is promulgated
as anticipated in late 2015, at which
time the Trust expects that it will adopt
a final rule following public input and
comment.
DATES: Public comment on this proposal
will be accepted through May 5, 2014.
ADDRESSES: Electronic comments may
be sent to commercialdogwalking@
presidiotrust.gov. Written comments
may be mailed or hand delivered to
John Pelka, The Presidio Trust, 103
Montgomery Street, P.O. Box 29052, San
Francisco, CA 94129. All written
comments submitted to the Trust will be
considered, and this proposed interim
rule may be modified accordingly. The
final decision of the Trust will be
published in the Federal Register.
Public Availability of Comments: If
individuals submitting comments
request that their address or other
contact information be withheld from
public disclosure, it will be honored to
the extent allowable by law. Such
requests must be stated prominently at
the beginning of the comments. The
Trust will make available for public
inspection all submissions from
organizations or businesses and from
persons identifying themselves as
representatives or officials of
organizations and businesses.
Anonymous comments may not be
considered.
ACTION:
FOR FURTHER INFORMATION CONTACT:
Dated: March 3, 2014.
J. B. Loring,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Savannah.
[FR Doc. 2014–05943 Filed 3–18–14; 8:45 am]
Authority: 33 U.S.C. 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.
BILLING CODE 9110–04–P
2. Add a temporary § 165.T07–0045 to
read as follows:
36 CFR Part 1002
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■
§ 165.T07–0045 Safety Zone; International
Oil Spill Conference On-Water and Aerial
Technical Demonstration Savannah River,
Savannah, GA.
(a) Regulated area. The following
regulated area is a fixed safety zone: all
waters extending 1500 yards to either
side of the vessels in the display area,
near the Westin Resort in Savannah,
Georgia. The International Oil Spill
Conference On-Water and Aerial
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15:37 Mar 18, 2014
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PRESIDIO TRUST
Public Use Limit on Commercial Dog
Walking
The Presidio Trust.
Proposed interim rule and
request for comments.
The Presidio Trust (Trust) is
proposing a public use limit on persons
who are walking four or more dogs at
one time in Area B of the Presidio of
San Francisco (Presidio) for
SUMMARY:
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Presidio Trust Office of External Affairs,
415.561.5300 or
commercialdogwalking@
presidiotrust.gov.
The 1,491acre former U.S. Army base known as
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Proposed Rules]
[Pages 15275-15278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05943]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0045]
RIN 1625-AA00
Safety Zone; 2014 International Oil Spill Conference On-Water and
Aerial Technical Demonstration; Savannah River, Savannah, Georgia
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Savannah River near the Westin Resort, Savannah,
Georgia, on Wednesday, May 7, 2014. The safety zone is necessary to
provide for the safety of life on navigable waters during the
International Oil Spill Conference On-Water and Aerial Technical
Demonstration. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port Savannah or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before April 7, 2014. Requests for public meetings must be
received by the Coast Guard by April 7, 2014.
[[Page 15276]]
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Zeke Rissman,
Marine Safety Unit Savannah Prevention Department, Coast Guard;
telephone (912) 652-4353 ext. 241, email Harold.E.Rissman@uscg.mil. If
you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://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
https://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 https://www.regulations.gov,
type the docket number USCG-2014-0045 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 https://www.regulations.gov,
type the docket number USCG-2014-0045 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. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 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.
The purpose of the proposed rule is to protect the demonstration
participants and the general public from the hazards associated with
the International Oil Spill Conference On-Water and Aerial Technical
Demonstration.
C. Discussion of Proposed Rule
On Wednesday, May 7, 2014, from 3:00 p.m. until 6:30 p.m., the
Bureau of Safety and Environmental Enforcement (BSEE) will conduct the
International Oil Spill Conference On-Water and Aerial Technical
Demonstration on the Savannah River, near the Westin Resort, located in
Savannah, Georgia.
The proposed rule would establish a fixed safety zone for all
waters extending 1500 yards to either side of the vessels in the
display area, near the Westin Resort in Savannah, Georgia. The
International Oil Spill Conference On-Water and Aerial Technical
Demonstration will take place in the area of the Westin Resort, at
approximate position 32 4' 54.9'' N/081 5' 9.1'' W. All coordinates are
North American Datum 1983. The safety zone will be enforced on
Wednesday, May 7, 2014, from 3:00 p.m. until 6:30 p.m. All persons and
vessels, except those persons and vessels participating in the
operation, are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone. Persons and vessels may
request authorization to enter, transit through, anchor in, or remain
within the safety zone by contacting the Captain of the Port Savannah
by telephone at 912-652-4353, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the designated area is granted by the Captain of
the Port Savannah or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Savannah or a designated representative. The
Coast Guard will provide notice of the regulated area by Local Notice
to Mariners, Broadcast Notice to Mariners,
[[Page 15277]]
and on-scene designated representatives.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone will only be enforced for a
total of three and one-half hours; (2) vessel traffic in the area is
expected to be minimal during the enforcement period; (3) although
persons and vessels will not be able to enter, transit through, anchor
in, or remain within the safety zone without authorization from the
Captain of the Port Savannah or a designated representative, they may
operate in the surrounding area during the enforcement period; (4)
persons and vessels may still enter, transit through, anchor in, or
remain within the safety zone if authorized by the Captain of the Port
Savannah or a designated representative; and (5) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River, Savannah, Georgia encompassed within the safety zone
during the International Oil Spill Conference On-Water and Aerial
Technical Demonstration on Wednesday, May 7, 2014, from 3:00 p.m. until
6:30 p.m. For the reasons discussed in the Regulatory Planning and
Review section above, this proposed rule will not have a significant
economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the proposed 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 section above. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
[[Page 15278]]
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a temporary safety zone that will be
enforced on Wednesday, May 7, 2014, from 3:00 p.m. until 6:30 p.m..
This proposed rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 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 a temporary Sec. 165.T07-0045 to read as follows:
Sec. 165.T07-0045 Safety Zone; International Oil Spill Conference On-
Water and Aerial Technical Demonstration Savannah River, Savannah, GA.
(a) Regulated area. The following regulated area is a fixed safety
zone: all waters extending 1500 yards to either side of the vessels in
the display area, near the Westin Resort in Savannah, Georgia. The
International Oil Spill Conference On-Water and Aerial Technical
Demonstration will take place in the area of the Westin Resort, at
approximate position 32 4' 54.9'' N/081 5' 9.1'' W. All coordinates are
North American Datum 1983.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Savannah or
a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Savannah by telephone at (912) 247-0073, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective date. This rule will be enforced on Wednesday, May 7,
2014, from 3 p.m. until 6:30 p.m.
Dated: March 3, 2014.
J. B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Savannah.
[FR Doc. 2014-05943 Filed 3-18-14; 8:45 am]
BILLING CODE 9110-04-P
