Security Zones; Port of Palm Beach, Port Everglades, Miami, and Key West, Florida, 63728-63732 [2016-22280]
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
Issued in Kansas City, Missouri, on
September 8, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
Dated: September 13, 2016.
Dennis M. Keefe,
Director, Office of Food Additive Safety,
Center for Food Safety and Applied Nutrition.
[FR Doc. 2016–22182 Filed 9–15–16; 8:45 am]
BILLING CODE 4164–01–P
[FR Doc. 2016–22289 Filed 9–15–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Coast Guard
Food and Drug Administration
33 CFR Part 165
21 CFR Part 73
[Docket Number USCG–2016–0327]
RIN 1625–AA87
[Docket No. FDA–2016–C–2570]
McCormick & Company, Inc.; Filing of
Color Additive Petition
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of petition.
The color additive petition was
filed on August 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Celeste Johnston, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740–3835, 240–
402–1282.
SUPPLEMENTARY INFORMATION: Under
section 721(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
379e(d)(1)), we are giving notice that we
have filed a color additive petition (CAP
6C0306), submitted by McCormick &
Company, Inc., c/o Exponent, 1150
Connecticut Ave. NW., Suite 1100,
Washington, DC 20036. The petition
proposes to amend the color additive
regulations in § 73.530 (21 CFR 73.530)
Spirulina extract to provide for the safe
use of spirulina extract prepared by a
water extraction and filtration of the
dried biomass of Arthrospira platensis
to color shell eggs.
We have determined under 21 CFR
25.32(r) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
DATES:
13:06 Sep 15, 2016
The Coast Guard proposes to
update and modify security zones in the
Port of Palm Beach, Port Everglades,
Port of Miami, and the Port of Key West,
Florida. The revisions create a new
section for the Sector Key West security
zones that previously were annotated as
belonging to Sector Miami; clarify when
the Port Everglades fixed security zones
will be in effect; modify and lengthen a
portion of the Port Everglades fixed
security zone; and update language and
definitions throughout the regulation.
The proposed amendments are largely
administrative in nature, but the
clarification of terms and geographic
application of security zones between
Sector Key West and Sector Miami ports
will allow for more effective
implementation of these regulations to
protect the public and ports from
potential subversive acts.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 15, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0327 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
The Food and Drug
Administration (FDA or we) is
announcing that we have filed a
petition, submitted by McCormick &
Company, Inc., proposing that the color
additive regulations be amended to
provide for the safe use of spirulina
extract to color shell eggs at levels
consistent with good manufacturing
practice.
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Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY:
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Security Zones; Port of Palm Beach,
Port Everglades, Miami, and Key West,
Florida
Jkt 238001
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Ruth Sadowitz, Sector Miami
Waterways Management Division, U.S.
Coast Guard; telephone (305) 535–4307,
email Ruth.A.Sadowitz@uscg.mil; or
BMC Jason Herbert, Sector Key West
FOR FURTHER INFORMATION CONTACT:
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Waterways Management Division, U.S.
Coast Guard; telephone (305) 292–8772,
email Jason.D.Herbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 23, 2003, Captain of the
Port Miami published a final rule
entitled ‘‘Security Zones; Port of Palm
Beach, Port Everglades, Port of Miami,
and Port of Key West, Florida’’ in the
Federal Register (68 FR 3189) to protect
the public, ports, and waterways of the
United States against potential
subversive acts. Since the
implementation of that rule, Sector Key
West was delegated separate Captain of
the Port authority (69 FR 47168) and the
demands of commercial vessels in
Sector Miami ports call for amendments
to the standing security zone
regulations.
The purpose of these proposed
amendments is to protect the public and
Ports from potential subversive acts.
The amendments establish separate
regulatory authority for Sector Key
West, clarify when the Port Everglades
fixed security zones will be in effect,
modify and lengthen a portion of one of
the Port Everglades fixed security zones,
and update language throughout the
regulation.
The legal basis for the proposed
amendments is the Coast Guard’s
authority to establish regulated
navigation areas and other limited
access areas: 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.
III. Discussion of Proposed Rule
The fixed security zone from Mid-Port
to North-Port (Pier 7 to the northernmost section of the Port) including all
waters westward at Port Everglades
would be an established permanent
fixed security zone that will be in effect
at all times. Berthing from Pier 7 to
North-Port Port Everglades regularly
serves passenger vessels, vessels
carrying cargoes of particular hazards,
and vessels carrying liquefied hazardous
gas. This permanent fixed security zone,
which parallels the Intracoastal
Waterway, would not limit persons or
vessels from using the main entrance
channel (Bar Cut) or from using the
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Intracoastal Waterway. This zone also
would not restrict persons and vessels
authorized to be in the zone from
maneuvering around the berths within
Port Everglades between Mid-Port and
North-Port. This amendment clarifies
that all persons and vessels not
authorized to be in the zone shall
remain out of the zone in order to
protect the public and Port from
potential subversive acts.
The fixed security zone that runs from
Mid-Port south to Berth 29, just south of
the John U. Lloyd launching ramps,
along Port Everglades and the
Intracoastal Waterway, would decrease
in size to encompass only the waters
westward of the Intracoastal Waterway
extending to and including the pier face
of Port Everglades. The fixed security
zone would also lengthen southward
from Berth 29, just south of the John U.
Lloyd launching ramps to the northern
tip of the Dania Cut-Off Canal. Persons
and vessels would be allowed to operate
along the Intracoastal Waterway, as they
are now; however, persons and vessels
would not be authorized to enter the
security zone westward of the
Intracoastal Waterway between MidPort and the northern tip of the Dania
Cut-Off Canal without authorization.
When a passenger vessel, vessel
carrying cargoes of particular hazards,
or vessel carrying liquefied hazardous
gas moors along this section of Port
Everglades, vessels transiting along the
Intracoastal Waterway would be
required to transit eastward of law
enforcement vessels. This extension is
needed to provide continuous
protection for the public and Port
because Port Everglades has expanded
the entrance of the Dania Cut-Off Canal
and its operations south over the years.
The term ‘‘cruise ship tenders’’ would
be removed from the entire regulation
because cruise ship tenders no longer
provide security zone assistance.
The term ‘‘cruise ship’’ would be
removed and ‘‘passenger vessels’’ will
be redefined. Also, a ‘‘vessel carrying
cargoes of particular hazards’’ and a
‘‘vessel carrying liquefied hazardous
gas’’ will be defined.
As discussed above, since the
implementation of Sector Miami
security zones in 2003, Sector Key West
was delegated its own Captain of the
Port authority. Therefore, a separate
section would be implemented by this
proposed regulation to establish the
security zone authority for Sector Key
West.
These amendments are necessary for
administrative reasons as noted above
and to protect the public and Ports from
potential subversive acts.
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IV. 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 and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
The economic impact of this proposed
updates and modifications to the rule is
not significant for the following reasons:
(1) Persons and vessels would still be
able to operate in waters surrounding
the proposed security zones; (2) the
permanent fixed security zone
encompassing Port Everglades from
Mid-Port to North-Port is within the
natural boundaries of the Port and is
limited in size; (3) notification of the
security zones will be made to the local
maritime community via posted signs
and Broadcast Notice to Mariners when
applicable; and (4) persons and vessels
may operate within the security zone if
authorized by Captain of the Port of
Miami or a designated representative.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
The proposed amendments may affect
the following entities, some of which
may be small entities: People and the
owners or operators of vessels intending
to transit or remain within the security
zone(s) when they are in effect. For
reasons discussed in the Regulatory
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Planning and Review section above,
these proposed amendments would 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.
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
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. 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.
C. Collection of Information
This proposed rule would 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 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 have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
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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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. 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 (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. This proposed rule
involves amending security zones and
lengthening part of a security zone.
Normally such actions are categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of
Commandant Instruction M16475.lD.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
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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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
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www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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:
■
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.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
2. Add § 165.760 to read as follows:
§ 165.760 Security Zones; Port of Palm
Beach, Port Everglades, and Port of Miami,
Florida.
(a) Definition. (1) As used in this
section, passenger vessel is a vessel
greater than 100 feet in length and over
100 gross tons that is authorized to carry
more than 12 passengers for hire making
voyages lasting more than 24 hours,
except for a ferry.
(2) As used in this section, a vessel
carrying cargoes of particular hazard is
defined in 33 CFR part 126 and a vessel
carrying liquefied hazardous gas is
defined in 33 CFR part 127.
(b) Location. The following areas are
security zones. All coordinates are
North American Datum 1983.
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(1) Fixed and moving security zones
around vessels in the Port of Palm
Beach, Port Everglades, and Port of
Miami Florida. Moving security zones
are established 100 yards around all
passenger vessels, vessels carrying
cargoes of particular hazard, or vessels
carrying liquefied hazardous gas (LHG)
during transits entering or departing the
Port of Palm Beach, Port Everglades, or
Port of Miami. These moving security
zones are activated when the subject
vessel passes: Lake Worth Lighted Buoy
LW at approximate position 26°46.3′ N.,
80°00.6′ W. when entering the Port of
Palm Beach; Port Everglades Lighted
Buoy PE at approximate position
26°05.5′ N., 080°04.8′ W. when entering
Port Everglades; and Miami Lighted
Buoy M at approximate position
25°46.1′ N., 080°05.0′ W. when entering
Port of Miami. These moving security
zones remain active whenever a
passenger vessel, vessels carrying
cargoes of particular hazard, or vessels
carrying LHG is underway westward of
the above mentioned buoys. Fixed
security zones are established 100 yards
around all passenger vessels, vessels
carrying cargoes of particular hazard, or
vessels carrying LHG, while the vessel
is moored in the Port of Palm Beach,
Port Everglades, or Port of Miami,
Florida. Persons and vessels may pass
within 100 yards of a moored passenger
vessel, vessel carrying cargoes of
particular hazard, or vessel carrying
LHG that is moored within or alongside
a federal channel as long as the passage
occurs outside of the on scene law
enforcement vessel. Persons and vessels
shall pass north of the on scene law
enforcement vessel when north of the
Port of Miami, north of the on scene law
enforcement vessel when south of the
Port of Miami, and east of the on scene
law enforcement vessel in Port
Everglades.
(2) Fixed security zone in Port of
Miami, Florida. A fixed security zone
encompasses all waters between Watson
Park and Star Island from the
MacArthur Causeway south to the Port
of Miami. The western boundary is
formed by an imaginary line from points
25°46.763′ N., 080°10.877′ W.,
northwest to 25°46.774′ N., 080°10.904′
W, northeast to 25°46.885′ N.,
080°10.845′ W., and extending northeast
ending at Watson Island at 25°47.001′
N., 080°10.670′ W. The eastern
boundary is formed by an imaginary
line approximately 100 yards west of
the Fisher Island Ferry terminal, in
approximate position 25°46.330′ N.,
080°09.120′ W., extending southwest
across the Main Channel to Port of
Miami, at 25°46.247′ N., 080°09.191′ W.
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The fixed security zone is in effect when
two or more passenger vessels, vessels
carrying cargoes of particular hazard, or
vessels carrying LHG, enter or moor
within this zone.
(i) When the security zone is in effect,
persons and vessels shall not enter or
transit the security zone along the
Miami Main Channel unless authorized
by Captain of the Port of Miami or a
designated representative.
(ii) Persons and vessels may transit
the Miami Main Channel when only one
passenger vessel, one vessel carrying
cargoes of particular hazard, or one
vessel carrying LHG is berthed.
(iii) Law enforcement vessels can be
contacted on VHF Marine Band Radio,
Channel 16 (156.8 MHz).
(3) Fixed security zones in Port
Everglades. A fixed security zone
encompasses Mid-Port to North-Port in
Port Everglades and includes all waters
west of an imaginary line starting at the
southernmost point 26°05.410′ N.,
080°06.960′ W., on the northern tip of
berth 22, to the northernmost point
26°05.982′ N., 080°07.153′ W., near the
west side of the 17th Street Bridge. An
additional fixed security zone
encompasses the waters west of the
Intracoastal Waterway to the pier face of
Port Everglades from Mid-Port south to
the northern tip of the Dania Cut-Off
Canal and includes the waters westward
of the line connecting the following
points to the pier face of Port
Everglades: Starting at 26°05.411′ N.,
080°06.960′ W., on the northern tip of
Berth 23 at Mid-Port, to a point directly
east along the Intracoastal Waterway,
26°05.411′ N., 080°06.920′ W., then
southeast along the Intracoastal
Waterway to 26°05.242′ N., 080°06.859′
W., then southeast along the Intracoastal
Waterway to 26°05.157′ N., 080°06.846′
W., then southwest along the
Intracoastal Waterway to 26°03.906′ N.,
080°06.874′ W., and then west to the
Port Everglades pier face just north of
the Dania Cut-Off Canal at 26°03.906′
N., 080°06.922′ W.
(i) Persons and vessels may transit the
Intracoastal Waterway; however,
persons and vessels are not authorized
to enter the fixed security zone
westward of the Intracoastal Waterway
without authorization from Captain of
the Port Miami or a designated
representative. On occasion, a passenger
vessel, vessel carrying cargoes of
particular hazard, or vessel carrying
LHG may moor and encroach into the
Intracoastal Waterway. When this
occurs, persons and vessels shall transit
the Intracoastal Waterway east of the on
scene law enforcement vessel.
(ii) Periodically, vessels may be
required to temporarily hold their
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positions while large commercial traffic
operates in this area. Vessels near the
security zone must follow the orders of
the Captain of the Port or the designated
representative.
(iii) Law enforcement vessels can be
contacted on VHF Marine Band Radio,
Channel 16 (156.8 MHz).
(c) Regulations. (1) Prior to
commencing any movement, the person
directing the movement of a passenger
vessel, a vessel carrying cargoes of
particular hazard, or a vessel carrying
liquefied hazardous gas, is encouraged
to make a security broadcast on VHF
Marine Band Radio, Channel 13 (156.65
MHz) to advise mariners of the moving
security zone activation and intended
transit.
(2) In accordance with the general
regulations § 165.33 of this part, entry
into these zones is prohibited except as
authorized by the Captain of the Port
Miami or a designated representative.
Vessels such as pilot boats, tug boats,
and contracted security vessels may
assist the Coast Guard Captain of the
Port by monitoring these zones strictly
to advise mariners of the restrictions.
The Captain of the Port will notify the
public of the security zone via signs or
by Marine Safety Radio Broadcasts on
VHF Marine Band Radio, Channel 16
(156.8 MHz) when applicable.
(3) Persons and vessels desiring to
enter or transit the fixed or moving
security zones may contact the Captain
of the Port Miami at (305) 535–4472 or
on VHF Marine Band Radio, Channel 16
(156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port or the designated
representative.
(4) The Captain of the Port Miami may
waive any of the requirements of this
subpart for any vessel upon finding that
the vessel or class of vessel, operational
conditions, or other circumstances are
such that application of this subpart is
unnecessary or impractical for the
purpose of port security, safety, or
environmental safety.
■ 3. Revise § 165.761 to read as follows:
§ 165.761 Security Zones; Port of Key
West, Florida.
(a) Definition. (1) As used in this
section, passenger vessel is a vessel
greater than 100 feet in length and over
100 gross tons that is authorized to carry
more than 12 passengers for hire making
voyages lasting more than 24 hours,
except for a ferry.
(2) As used in this section, a vessel
carrying cargoes of particular hazard is
defined in 33 CFR part 126 and a vessel
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carrying liquefied hazardous gas is
defined in 33 CFR part 127.
(b) Location. Fixed and moving
security zones around vessels in the
Port of Key West, Florida. A moving
security zones is established 100 yards
around all passenger vessels, vessels
carrying cargoes of particular hazard, or
vessels carrying liquefied hazardous gas
(LHG) during transits entering or
departing the Port of Key West, Florida.
A moving security zone is activated
when the subject vessel passes Key West
Lighted Buoy KW, at approximate
position 24°27.7′ N., 081°48.1′ W. This
moving security zone remains active
whenever a passenger vessel, vessels
carrying cargoes of particular hazard, or
vessels carrying LHG is underway
westward of the above mentioned
buoys. Fixed security zones are
established 100 yards around all
passenger vessels, vessels carrying
cargoes of particular hazard, or vessels
carrying LHG, while the vessel is
moored in the Port of Key West, Florida.
(c) Regulations. (1) Prior to
commencing any movement, the person
directing the movement of a passenger
vessel, a vessel carrying cargoes of
particular hazard, or a vessel carrying
LHG, is encouraged to make a security
broadcast on VHF Marine Band Radio,
Channel 13 (156.65 MHz) to advise
mariners of the moving security zone
activation and intended transit.
(2) In accordance with the general
regulations § 165.33 of this part, entry
into these zones is prohibited except as
authorized by the Captain of the Port
Key West or a designated representative.
Vessels such as pilot boats, tug boats,
and contracted security vessels may
assist the Coast Guard Captain of the
Port by monitoring these zones and
advising mariners of the restrictions.
The Captain of the Port will notify the
public of the security zone via signs or
by Marine Safety Radio Broadcasts on
VHF Marine Band Radio, Channel 16
(156.8 MHz) when applicable.
(3) Persons and vessels desiring to
enter or transit the fixed or moving
security zones may contact the Captain
of the Port Key West at (305) 292–8727
or on VHF Marine Band Radio, Channel
16 (156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port or the designated
representative.
(4) The Captain of the Port Key West
may waive any of the requirements of
this subpart for any vessel upon finding
that the vessel or class of vessel,
operational conditions, or other
circumstances are such that application
of this subpart is unnecessary or
E:\FR\FM\16SEP1.SGM
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
impractical for the purpose of port
security, safety, or environmental safety.
Dated: September 12, 2016.
A.J. Gould,
Captain, U.S. Coast Guard, Acting
Commander, Seventh Coast Guard District.
[FR Doc. 2016–22280 Filed 9–15–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0444; FRL–9952–48–
Region 9]
Approval of California Air Plan
Revisions, South Coast Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the South Coast Air Quality
Management District (SCAQMD) portion
of the California State Implementation
Plan (SIP). These revisions concern
emissions of oxides of nitrogen (NOX)
from ovens, dryers, dehydrators,
heaters, kilns, calciners, furnaces,
crematories, incinerators, heated pots,
cookers, roasters, smokers, fryers, closed
and open heated tanks and evaporators,
distillation units, afterburners,
degassing units, vapor incinerators,
SUMMARY:
catalytic or thermal oxidizers, soil and
water remediation units, and other
combustion equipment. We are
proposing to approve local rules to
regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
October 17, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0444 at https://
www.regulations.gov, or via email to
Andrew Steckel, Rulemaking Office
Chief at steckel.andrew@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be removed or edited
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FURTHER INFORMATION CONTACT
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules and rule revisions?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by
this action with the dates that they were
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule #
SCAQMD ...........
SCAQMD ...........
1147
1153.1
NOX Reductions from Miscellaneous Sources ............................................
Emissions of Oxides of Nitrogen from Commercial Food Ovens ...............
On April 9, 2013 and April 30, 2015,
the EPA determined that the submittals
for SCAQMD Rule 1147 and SCAQMD
Rule 1153.1 met the completeness
criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA
review.
Lhorne on DSK30JT082PROD with PROPOSALS
B. Are there other versions of these
rules?
There are no previous versions of
Rule 1153.1. We approved an earlier
version of Rule 1147 into the SIP on
August 4, 2010 (75 FR 46845).
C. What is the purpose of the submitted
rules and rule revisions?
NOX helps produce ground-level
ozone, smog and PM, which harm
human health and the environment.
VerDate Sep<11>2014
13:06 Sep 15, 2016
Adopted/
amended
Rule title
Jkt 238001
Section 110(a) of the CAA requires
States to submit regulations that control
NOX emissions. The revisions made to
SCAQMD Rule 1147 are administrative
amendments that delay compliance
dates. SCAQMD Rule 1153.1 is a new
rule that carves out the category of
commercial food ovens from Rule 1147.
Rule 1153.1 delays compliance and
contains different NOX emission limits
than were required under rule 1147. The
EPA’s technical support documents
(TSDs) have more information about
these rules.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
SIP rules must be enforceable (see
CAA section 110(a)(2)), must not
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
09/09/2011
09/07/2014
Submitted
02/06/2013
04/07/2015
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
Generally, SIP rules must require
Reasonably Available Control
Technology (RACT) for each major
source of NOX in ozone nonattainment
areas classified as moderate or above
(see CAA sections 182(b)(2) and 182(f)).
The SCAQMD regulates an ozone
nonattainment area classified as extreme
for the 1-hour ozone standard, the 8hour 1997 ozone standard, and the 8hour 2008 ozone standard (40 CFR
E:\FR\FM\16SEP1.SGM
16SEP1
]]>Agencies
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63728-63732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22280]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0327]
RIN 1625-AA87
Security Zones; Port of Palm Beach, Port Everglades, Miami, and
Key West, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to update and modify security zones
in the Port of Palm Beach, Port Everglades, Port of Miami, and the Port
of Key West, Florida. The revisions create a new section for the Sector
Key West security zones that previously were annotated as belonging to
Sector Miami; clarify when the Port Everglades fixed security zones
will be in effect; modify and lengthen a portion of the Port Everglades
fixed security zone; and update language and definitions throughout the
regulation. The proposed amendments are largely administrative in
nature, but the clarification of terms and geographic application of
security zones between Sector Key West and Sector Miami ports will
allow for more effective implementation of these regulations to protect
the public and ports from potential subversive acts.
DATES: Comments and related material must be received by the Coast
Guard on or before November 15, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0327 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Ruth Sadowitz, Sector
Miami Waterways Management Division, U.S. Coast Guard; telephone (305)
535-4307, email Ruth.A.Sadowitz@uscg.mil; or BMC Jason Herbert, Sector
Key West Waterways Management Division, U.S. Coast Guard; telephone
(305) 292-8772, email Jason.D.Herbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 23, 2003, Captain of the Port Miami published a final
rule entitled ``Security Zones; Port of Palm Beach, Port Everglades,
Port of Miami, and Port of Key West, Florida'' in the Federal Register
(68 FR 3189) to protect the public, ports, and waterways of the United
States against potential subversive acts. Since the implementation of
that rule, Sector Key West was delegated separate Captain of the Port
authority (69 FR 47168) and the demands of commercial vessels in Sector
Miami ports call for amendments to the standing security zone
regulations.
The purpose of these proposed amendments is to protect the public
and Ports from potential subversive acts. The amendments establish
separate regulatory authority for Sector Key West, clarify when the
Port Everglades fixed security zones will be in effect, modify and
lengthen a portion of one of the Port Everglades fixed security zones,
and update language throughout the regulation.
The legal basis for the proposed amendments is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 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.
III. Discussion of Proposed Rule
The fixed security zone from Mid-Port to North-Port (Pier 7 to the
northern-most section of the Port) including all waters westward at
Port Everglades would be an established permanent fixed security zone
that will be in effect at all times. Berthing from Pier 7 to North-Port
Port Everglades regularly serves passenger vessels, vessels carrying
cargoes of particular hazards, and vessels carrying liquefied hazardous
gas. This permanent fixed security zone, which parallels the
Intracoastal Waterway, would not limit persons or vessels from using
the main entrance channel (Bar Cut) or from using the
[[Page 63729]]
Intracoastal Waterway. This zone also would not restrict persons and
vessels authorized to be in the zone from maneuvering around the berths
within Port Everglades between Mid-Port and North-Port. This amendment
clarifies that all persons and vessels not authorized to be in the zone
shall remain out of the zone in order to protect the public and Port
from potential subversive acts.
The fixed security zone that runs from Mid-Port south to Berth 29,
just south of the John U. Lloyd launching ramps, along Port Everglades
and the Intracoastal Waterway, would decrease in size to encompass only
the waters westward of the Intracoastal Waterway extending to and
including the pier face of Port Everglades. The fixed security zone
would also lengthen southward from Berth 29, just south of the John U.
Lloyd launching ramps to the northern tip of the Dania Cut-Off Canal.
Persons and vessels would be allowed to operate along the Intracoastal
Waterway, as they are now; however, persons and vessels would not be
authorized to enter the security zone westward of the Intracoastal
Waterway between Mid-Port and the northern tip of the Dania Cut-Off
Canal without authorization. When a passenger vessel, vessel carrying
cargoes of particular hazards, or vessel carrying liquefied hazardous
gas moors along this section of Port Everglades, vessels transiting
along the Intracoastal Waterway would be required to transit eastward
of law enforcement vessels. This extension is needed to provide
continuous protection for the public and Port because Port Everglades
has expanded the entrance of the Dania Cut-Off Canal and its operations
south over the years.
The term ``cruise ship tenders'' would be removed from the entire
regulation because cruise ship tenders no longer provide security zone
assistance.
The term ``cruise ship'' would be removed and ``passenger vessels''
will be redefined. Also, a ``vessel carrying cargoes of particular
hazards'' and a ``vessel carrying liquefied hazardous gas'' will be
defined.
As discussed above, since the implementation of Sector Miami
security zones in 2003, Sector Key West was delegated its own Captain
of the Port authority. Therefore, a separate section would be
implemented by this proposed regulation to establish the security zone
authority for Sector Key West.
These amendments are necessary for administrative reasons as noted
above and to protect the public and Ports from potential subversive
acts.
IV. 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 and Executive Orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
The economic impact of this proposed updates and modifications to
the rule is not significant for the following reasons: (1) Persons and
vessels would still be able to operate in waters surrounding the
proposed security zones; (2) the permanent fixed security zone
encompassing Port Everglades from Mid-Port to North-Port is within the
natural boundaries of the Port and is limited in size; (3) notification
of the security zones will be made to the local maritime community via
posted signs and Broadcast Notice to Mariners when applicable; and (4)
persons and vessels may operate within the security zone if authorized
by Captain of the Port of Miami or a designated representative.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The proposed amendments may affect the following entities, some of
which may be small entities: People and the owners or operators of
vessels intending to transit or remain within the security zone(s) when
they are in effect. For reasons discussed in the Regulatory Planning
and Review section above, these proposed amendments would 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.
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 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. 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.
C. Collection of Information
This proposed rule would 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 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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
[[Page 63730]]
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (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. This proposed rule involves amending
security zones and lengthening part of a security zone. Normally such
actions are categorically excluded from further review under paragraph
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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; 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.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
2. Add Sec. 165.760 to read as follows:
Sec. 165.760 Security Zones; Port of Palm Beach, Port Everglades, and
Port of Miami, Florida.
(a) Definition. (1) As used in this section, passenger vessel is a
vessel greater than 100 feet in length and over 100 gross tons that is
authorized to carry more than 12 passengers for hire making voyages
lasting more than 24 hours, except for a ferry.
(2) As used in this section, a vessel carrying cargoes of
particular hazard is defined in 33 CFR part 126 and a vessel carrying
liquefied hazardous gas is defined in 33 CFR part 127.
(b) Location. The following areas are security zones. All
coordinates are North American Datum 1983.
(1) Fixed and moving security zones around vessels in the Port of
Palm Beach, Port Everglades, and Port of Miami Florida. Moving security
zones are established 100 yards around all passenger vessels, vessels
carrying cargoes of particular hazard, or vessels carrying liquefied
hazardous gas (LHG) during transits entering or departing the Port of
Palm Beach, Port Everglades, or Port of Miami. These moving security
zones are activated when the subject vessel passes: Lake Worth Lighted
Buoy LW at approximate position 26[deg]46.3' N., 80[deg]00.6' W. when
entering the Port of Palm Beach; Port Everglades Lighted Buoy PE at
approximate position 26[deg]05.5' N., 080[deg]04.8' W. when entering
Port Everglades; and Miami Lighted Buoy M at approximate position
25[deg]46.1' N., 080[deg]05.0' W. when entering Port of Miami. These
moving security zones remain active whenever a passenger vessel,
vessels carrying cargoes of particular hazard, or vessels carrying LHG
is underway westward of the above mentioned buoys. Fixed security zones
are established 100 yards around all passenger vessels, vessels
carrying cargoes of particular hazard, or vessels carrying LHG, while
the vessel is moored in the Port of Palm Beach, Port Everglades, or
Port of Miami, Florida. Persons and vessels may pass within 100 yards
of a moored passenger vessel, vessel carrying cargoes of particular
hazard, or vessel carrying LHG that is moored within or alongside a
federal channel as long as the passage occurs outside of the on scene
law enforcement vessel. Persons and vessels shall pass north of the on
scene law enforcement vessel when north of the Port of Miami, north of
the on scene law enforcement vessel when south of the Port of Miami,
and east of the on scene law enforcement vessel in Port Everglades.
(2) Fixed security zone in Port of Miami, Florida. A fixed security
zone encompasses all waters between Watson Park and Star Island from
the MacArthur Causeway south to the Port of Miami. The western boundary
is formed by an imaginary line from points 25[deg]46.763' N.,
080[deg]10.877' W., northwest to 25[deg]46.774' N., 080[deg]10.904' W,
northeast to 25[deg]46.885' N., 080[deg]10.845' W., and extending
northeast ending at Watson Island at 25[deg]47.001' N., 080[deg]10.670'
W. The eastern boundary is formed by an imaginary line approximately
100 yards west of the Fisher Island Ferry terminal, in approximate
position 25[deg]46.330' N., 080[deg]09.120' W., extending southwest
across the Main Channel to Port of Miami, at 25[deg]46.247' N.,
080[deg]09.191' W.
[[Page 63731]]
The fixed security zone is in effect when two or more passenger
vessels, vessels carrying cargoes of particular hazard, or vessels
carrying LHG, enter or moor within this zone.
(i) When the security zone is in effect, persons and vessels shall
not enter or transit the security zone along the Miami Main Channel
unless authorized by Captain of the Port of Miami or a designated
representative.
(ii) Persons and vessels may transit the Miami Main Channel when
only one passenger vessel, one vessel carrying cargoes of particular
hazard, or one vessel carrying LHG is berthed.
(iii) Law enforcement vessels can be contacted on VHF Marine Band
Radio, Channel 16 (156.8 MHz).
(3) Fixed security zones in Port Everglades. A fixed security zone
encompasses Mid-Port to North-Port in Port Everglades and includes all
waters west of an imaginary line starting at the southernmost point
26[deg]05.410' N., 080[deg]06.960' W., on the northern tip of berth 22,
to the northernmost point 26[deg]05.982' N., 080[deg]07.153' W., near
the west side of the 17th Street Bridge. An additional fixed security
zone encompasses the waters west of the Intracoastal Waterway to the
pier face of Port Everglades from Mid-Port south to the northern tip of
the Dania Cut-Off Canal and includes the waters westward of the line
connecting the following points to the pier face of Port Everglades:
Starting at 26[deg]05.411' N., 080[deg]06.960' W., on the northern tip
of Berth 23 at Mid-Port, to a point directly east along the
Intracoastal Waterway, 26[deg]05.411' N., 080[deg]06.920' W., then
southeast along the Intracoastal Waterway to 26[deg]05.242' N.,
080[deg]06.859' W., then southeast along the Intracoastal Waterway to
26[deg]05.157' N., 080[deg]06.846' W., then southwest along the
Intracoastal Waterway to 26[deg]03.906' N., 080[deg]06.874' W., and
then west to the Port Everglades pier face just north of the Dania Cut-
Off Canal at 26[deg]03.906' N., 080[deg]06.922' W.
(i) Persons and vessels may transit the Intracoastal Waterway;
however, persons and vessels are not authorized to enter the fixed
security zone westward of the Intracoastal Waterway without
authorization from Captain of the Port Miami or a designated
representative. On occasion, a passenger vessel, vessel carrying
cargoes of particular hazard, or vessel carrying LHG may moor and
encroach into the Intracoastal Waterway. When this occurs, persons and
vessels shall transit the Intracoastal Waterway east of the on scene
law enforcement vessel.
(ii) Periodically, vessels may be required to temporarily hold
their positions while large commercial traffic operates in this area.
Vessels near the security zone must follow the orders of the Captain of
the Port or the designated representative.
(iii) Law enforcement vessels can be contacted on VHF Marine Band
Radio, Channel 16 (156.8 MHz).
(c) Regulations. (1) Prior to commencing any movement, the person
directing the movement of a passenger vessel, a vessel carrying cargoes
of particular hazard, or a vessel carrying liquefied hazardous gas, is
encouraged to make a security broadcast on VHF Marine Band Radio,
Channel 13 (156.65 MHz) to advise mariners of the moving security zone
activation and intended transit.
(2) In accordance with the general regulations Sec. 165.33 of this
part, entry into these zones is prohibited except as authorized by the
Captain of the Port Miami or a designated representative. Vessels such
as pilot boats, tug boats, and contracted security vessels may assist
the Coast Guard Captain of the Port by monitoring these zones strictly
to advise mariners of the restrictions. The Captain of the Port will
notify the public of the security zone via signs or by Marine Safety
Radio Broadcasts on VHF Marine Band Radio, Channel 16 (156.8 MHz) when
applicable.
(3) Persons and vessels desiring to enter or transit the fixed or
moving security zones may contact the Captain of the Port Miami at
(305) 535-4472 or on VHF Marine Band Radio, Channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or the designated representative.
(4) The Captain of the Port Miami may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for the
purpose of port security, safety, or environmental safety.
0
3. Revise Sec. 165.761 to read as follows:
Sec. 165.761 Security Zones; Port of Key West, Florida.
(a) Definition. (1) As used in this section, passenger vessel is a
vessel greater than 100 feet in length and over 100 gross tons that is
authorized to carry more than 12 passengers for hire making voyages
lasting more than 24 hours, except for a ferry.
(2) As used in this section, a vessel carrying cargoes of
particular hazard is defined in 33 CFR part 126 and a vessel carrying
liquefied hazardous gas is defined in 33 CFR part 127.
(b) Location. Fixed and moving security zones around vessels in the
Port of Key West, Florida. A moving security zones is established 100
yards around all passenger vessels, vessels carrying cargoes of
particular hazard, or vessels carrying liquefied hazardous gas (LHG)
during transits entering or departing the Port of Key West, Florida. A
moving security zone is activated when the subject vessel passes Key
West Lighted Buoy KW, at approximate position 24[deg]27.7' N.,
081[deg]48.1' W. This moving security zone remains active whenever a
passenger vessel, vessels carrying cargoes of particular hazard, or
vessels carrying LHG is underway westward of the above mentioned buoys.
Fixed security zones are established 100 yards around all passenger
vessels, vessels carrying cargoes of particular hazard, or vessels
carrying LHG, while the vessel is moored in the Port of Key West,
Florida.
(c) Regulations. (1) Prior to commencing any movement, the person
directing the movement of a passenger vessel, a vessel carrying cargoes
of particular hazard, or a vessel carrying LHG, is encouraged to make a
security broadcast on VHF Marine Band Radio, Channel 13 (156.65 MHz) to
advise mariners of the moving security zone activation and intended
transit.
(2) In accordance with the general regulations Sec. 165.33 of this
part, entry into these zones is prohibited except as authorized by the
Captain of the Port Key West or a designated representative. Vessels
such as pilot boats, tug boats, and contracted security vessels may
assist the Coast Guard Captain of the Port by monitoring these zones
and advising mariners of the restrictions. The Captain of the Port will
notify the public of the security zone via signs or by Marine Safety
Radio Broadcasts on VHF Marine Band Radio, Channel 16 (156.8 MHz) when
applicable.
(3) Persons and vessels desiring to enter or transit the fixed or
moving security zones may contact the Captain of the Port Key West at
(305) 292-8727 or on VHF Marine Band Radio, Channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or the designated representative.
(4) The Captain of the Port Key West may waive any of the
requirements of this subpart for any vessel upon finding that the
vessel or class of vessel, operational conditions, or other
circumstances are such that application of this subpart is unnecessary
or
[[Page 63732]]
impractical for the purpose of port security, safety, or environmental
safety.
Dated: September 12, 2016.
A.J. Gould,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 2016-22280 Filed 9-15-16; 8:45 am]
BILLING CODE 9110-04-P
