Safety Zone; Grounded Vessel, Atlantic Ocean, Port St. Lucie, FL, 67317-67319 [2015-27751]
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Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations
can arrange their transits to minimize
any impacts caused by this temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 27, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–27774 Filed 10–30–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0992]
RIN 1625–AA00
Safety Zone; Grounded Vessel,
Atlantic Ocean, Port St. Lucie, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the waters of the Atlantic Ocean, east of
the Port St. Lucie Inlet. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a grounded
vessel outside the Port St. Lucie Inlet.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Miami.
This rule is effective without
actual notice from November 2, 2015]
until November 15, 2015. For purposes
of enforcement, actual notice will be
used from October 27, 2015 through
November 2, 2015.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0992 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Benjamin R. Colbert,
Sector Miami Waterways Management
Division, U.S. Coast Guard; telephone
305–535–4317, email
Benjamin.R.Colbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
DATES:
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Jkt 238001
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
In the evening of October 26, 2015,
the Coast Guard was notified that a 60
foot motorized vessel was taking on
water in the vicinity of the Port St.
Lucie Inlet. Over the next several hours
attempts to refloat the vessel were
unsuccessful and the grounded vessel
settled on the bottom. Local, state, and
federal agencies are now engaged in
emergency salvage operations.
The Coast Guard is issuing this
temporary 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 this
rule is being established in response to
an ongoing emergency situation. Delay
in publishing this rule would be
impracticable because the grounded
vessel poses an immediate risk public
safety. In addition, any delay in the
publishing of this rule would be
contrary to public interest. This rule is
needed immediately in order to ensure
safety of life on the navigable waters
surrounding this ongoing emergency
situation.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register. For
the same reasons discussed above, delay
in issuing this rule would be both
impracticable and contrary to public
interest. The rule is in response to an
emergent safety issue and is needed in
order to ensure safety of life in the area
around this emergency situation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Miami (COTP) has
determined that potential hazards
associated with the grounded vessel will
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67317
be a safety concern for anyone within a
100-yard radius of the vessel and
equipment engaged in salvage
operations. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while
emergency salvage operations take
place.
IV. Discussion of the Rule
This rule establishes a safety zone
from October 27, 2015 through
November 15, 2015. COTP may cease
enforcement of the zone if emergency
salvage operations end before November
15, 2015. The safety zone will cover all
navigable waters within 100 yards of
vessels and machinery being used by
personnel to conduct emergency salvage
operations. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters while emergency
salvage operations are conducted. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
This regulatory action determination
is based on the size, location, and
duration. Vessel traffic will be able to
safely transit around this safety zone
which will impact a small designated
area of the Atlantic Ocean for a limited
duration during emergency salvage
operations. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the zone and the rule allows vessels to
seek permission to enter the zone.
E:\FR\FM\02NOR1.SGM
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67318
Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
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.
C. Collection of Information
asabaliauskas on DSK5VPTVN1PROD with RULES
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 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
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17:39 Oct 30, 2015
Jkt 238001
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. 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 (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 an
emergency safety zone implemented to
protect persons and vessels in the
vicinity of a grounded vessel. It 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 rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
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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.
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 amends 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:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add temporary § 165.T07–0992 to
read as follows:
■
§ 165.T07–0992 Safety Zone; Grounded
Vessel, Atlantic Ocean; Port St. Lucie, FL.
(a) Regulated area. The following
regulated area is a safety zone. All
waters of the Atlantic Ocean located
east of the Port St. Lucie Inlet within
100 yards of the grounded vessel located
at 27°9′55″ N., 080°10′36″ W. and all
vessels and machinery assisting in
emergency salvage operations. 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 Miami in the
enforcement of the regulated area.
(c) Regulations. (1) Participants and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by Captain of the Port
Miami or a designated representative.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port Miami by telephone at 305–
535–4472, or a designated
representative via VHF radio on channel
16. If authorization is granted by the
Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Miami or a
designated representative.
E:\FR\FM\02NOR1.SGM
02NOR1
Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations
(d) Effective date. This rule will be
effective from October 27, 2015 to
November 15, 2015 and will be enforced
with actual notice while emergency
salvage operations are ongoing.
Dated: October 27, 2015.
M. C. Long,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2015–27751 Filed 10–30–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
California. Some docket materials,
however, may be publicly available only
at the hard copy location (e.g.,
voluminous records, maps, copyrighted
material), and some may not be publicly
available in either location (e.g., CBI).
To inspect the hard copy materials,
please schedule an appointment during
normal business hours with the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lisa
Beckham, EPA Region 9, (415) 972–
3811, beckham.lisa@epa.gov.
Table of Contents
40 CFR Part 52
[EPA–R09–OAR–2015–0187; FRL–9930–43–
Region 9]
Revisions to Air Plan; Arizona;
Stationary Sources; New Source
Review
I. Background
II. The EPA’s Evaluation of the SIP Revision
A. What action is the EPA finalizing?
B. What changes is the EPA making from
its proposed action?
C. Public Comments and Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
asabaliauskas on DSK5VPTVN1PROD with RULES
AGENCY:
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
SUMMARY: The Environmental Protection
Agency (EPA) is finalizing a limited
approval and limited disapproval of,
and other actions on, revisions to the
Arizona Department of Environmental
Quality (ADEQ) portion of the
applicable state implementation plan
(SIP) for the State of Arizona (State or
Arizona) under the Clean Air Act (CAA
or Act). These revisions submitted by
Arizona are primarily intended to serve
as a replacement of ADEQ’s existing
SIP-approved rules for the issuance of
New Source Review (NSR) permits for
stationary sources, including review and
permitting of major and minor sources
under the Act. After a lengthy
stakeholder process, the State submitted
a NSR program for SIP approval that
satisfies most of the applicable CAA and
NSR regulatory requirements, and
which will significantly update ADEQ’s
existing SIP-approved NSR program. It
also represents an overall strengthening
of ADEQ’s SIP-approved NSR program
by clarifying and enhancing the NSR
requirements for major and minor
stationary sources. This final action
updates the applicable plan while
allowing ADEQ to remedy certain
deficiencies in ADEQ’s rules.
DATES: This rule is effective December 2,
2015.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2015–0187 for
this action. Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
(i) The words or initials Act or CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The initials ADEQ mean or refer to the
Arizona Department of Environmental
Quality.
(iii) The initials A.R.S. mean or refer to the
Arizona Revised Statutes.
(iv) The initials AQIA mean or refer to air
quality impact analysis.
(v) The initials BACT mean or refer to Best
Available Control Technology.
(vi) The initials CFR mean or refer to Code
of Federal Regulations.
(vii) The initials CO mean or refer to
carbon monoxide.
(viii) The words EPA, we, us or our mean
or refer to the United States Environmental
Protection Agency.
(ix) The initials FIP mean or refer to
Federal Implementation Plan.
(x) The initials GHG mean or refer to
greenhouse gas.
(xi) The initials IBR mean or refer to
incorporation by reference.
(xii) The initials LAER mean or refer to
Lowest Achievable Emissions Rate.
(xiii) The initials NAAQS mean or refer to
National Ambient Air Quality Standards.
(xiv) The initials NA–NSR mean or refer to
Nonattainment New Source Review.
(xv) The initials NOX mean or refer to
nitrogen oxides.
(xvi) The initials NSR mean or refer to New
Source Review.
(xvii) The initials PAL mean or refer to
Plantwide Applicability Limits
(xviii) The initials PM10 mean or refer to
particulate matter with an aerodynamic
diameter of less than or equal to 10
micrometers.
(xix) The initials PM2.5 mean or refer to
particulate matter with an aerodynamic
diameter of less than or equal to 2.5
micrometers (fine particulate matter).
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67319
(xx) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(xxi) The initials PTE mean or refer to
potential to emit.
(xxii) The initials RACT mean or refer to
reasonably available control technology.
(xxiii) The initials SER mean or refer to
significant emission rate.
(xxiv) The initials SIP mean or refer to
State Implementation Plan.
(xxv) The initials SMC mean or refer to
significant monitoring concentration.
(xxvi) The initials SO2 mean or refer to
sulfur dioxide.
(xxvii) The initials SRP mean or refer to the
Salt River Project Agricultural Improvement
and Power District.
(xxviii) The words State or Arizona mean
the State of Arizona, unless the context
indicates otherwise.
(xxix) The initials TSD mean or refer to the
technical support document for this action.
(xxx) The initials VOC mean or refer to
volatile organic compound.
I. Background
On March 18, 2015, the EPA provided
notice of, and requested public
comment on, our proposed CAA
rulemaking to revise certain portions of
the Arizona SIP for ADEQ. See 80 FR
14044 (Mar. 18, 2015). We proposed
action on SIP submittals that comprise
ADEQ’s updated program for
preconstruction review and permitting
of new or modified stationary sources
under ADEQ’s jurisdiction in Arizona.1
The SIP submittals that are the subject
of this action, referred to herein as the
‘‘NSR SIP submittal,’’ provide a
comprehensive revision to ADEQ’s
preconstruction review and permitting
program for stationary sources and are
intended to satisfy requirements under
both part C (prevention of significant
deterioration) (PSD) and part D
(nonattainment new source review) of
title I of the Act as well as the general
preconstruction review requirements
under section 110(a)(2)(C) of the Act.
As a component of its NSR SIP
submittal, ADEQ also requested the
removal from the Arizona SIP of
numerous older rules, as well as one
Arizona statutory provision, which are
mostly superseded by the newer
provisions that are the subject of this
action or by newer provisions that have
already been approved into the Arizona
SIP. Accordingly, our action also will
remove certain provisions from the
Arizona SIP.
The EPA’s rulemaking action on the
ADEQ NSR SIP submittal is intended to
update the applicable SIP consistent
with ADEQ’s requests, while allowing
ADEQ to remedy certain deficiencies in
1 These submittals and our current action also
address two rules and one statutory provision that
are not directly related to NSR.
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]]>Agencies
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67317-67319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27751]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0992]
RIN 1625-AA00
Safety Zone; Grounded Vessel, Atlantic Ocean, Port St. Lucie, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Atlantic Ocean, east of the Port St. Lucie Inlet. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a grounded vessel outside
the Port St. Lucie Inlet. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Miami.
DATES: This rule is effective without actual notice from November 2,
2015] until November 15, 2015. For purposes of enforcement, actual
notice will be used from October 27, 2015 through November 2, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0992 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Benjamin R. Colbert, Sector Miami Waterways
Management Division, U.S. Coast Guard; telephone 305-535-4317, email
Benjamin.R.Colbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
In the evening of October 26, 2015, the Coast Guard was notified
that a 60 foot motorized vessel was taking on water in the vicinity of
the Port St. Lucie Inlet. Over the next several hours attempts to
refloat the vessel were unsuccessful and the grounded vessel settled on
the bottom. Local, state, and federal agencies are now engaged in
emergency salvage operations.
The Coast Guard is issuing this temporary 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 this rule is being established in
response to an ongoing emergency situation. Delay in publishing this
rule would be impracticable because the grounded vessel poses an
immediate risk public safety. In addition, any delay in the publishing
of this rule would be contrary to public interest. This rule is needed
immediately in order to ensure safety of life on the navigable waters
surrounding this ongoing emergency situation.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. For the same reasons
discussed above, delay in issuing this rule would be both impracticable
and contrary to public interest. The rule is in response to an emergent
safety issue and is needed in order to ensure safety of life in the
area around this emergency situation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Miami (COTP) has determined that
potential hazards associated with the grounded vessel will be a safety
concern for anyone within a 100-yard radius of the vessel and equipment
engaged in salvage operations. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while emergency salvage operations take place.
IV. Discussion of the Rule
This rule establishes a safety zone from October 27, 2015 through
November 15, 2015. COTP may cease enforcement of the zone if emergency
salvage operations end before November 15, 2015. The safety zone will
cover all navigable waters within 100 yards of vessels and machinery
being used by personnel to conduct emergency salvage operations. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while emergency salvage
operations are conducted. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration. Vessel traffic will be able to safely transit
around this safety zone which will impact a small designated area of
the Atlantic Ocean for a limited duration during emergency salvage
operations. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
[[Page 67318]]
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
F. 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 (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 an emergency safety zone implemented to protect persons
and vessels in the vicinity of a grounded vessel. It 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
rule.
G. 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.
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 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T07-0992 to read as follows:
Sec. 165.T07-0992 Safety Zone; Grounded Vessel, Atlantic Ocean; Port
St. Lucie, FL.
(a) Regulated area. The following regulated area is a safety zone.
All waters of the Atlantic Ocean located east of the Port St. Lucie
Inlet within 100 yards of the grounded vessel located at 27[deg]9'55''
N., 080[deg]10'36'' W. and all vessels and machinery assisting in
emergency salvage operations. 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 Miami in the enforcement of the regulated area.
(c) Regulations. (1) Participants and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by Captain of the Port Miami or a
designated representative.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port Miami by telephone at 305-535-4472, or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
[[Page 67319]]
(d) Effective date. This rule will be effective from October 27,
2015 to November 15, 2015 and will be enforced with actual notice while
emergency salvage operations are ongoing.
Dated: October 27, 2015.
M. C. Long,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2015-27751 Filed 10-30-15; 8:45 am]
BILLING CODE 9110-04-P
