Safety Zone; Hurricanes and Other Disasters in South Florida, 21742-21745 [2017-09476]
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21742
Proposed Rules
Federal Register
Vol. 82, No. 89
Wednesday, May 10, 2017
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS–NOP–17–0031;
NOP–15–06A]
RIN 0581–AD74
National Organic Program (NOP);
Organic Livestock and Poultry
Practices Second Proposed Rule
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule sets forth
the U.S. Department of Agriculture’s
(USDA) intention to pursue one of
several actions on the Organic Livestock
and Poultry Practices Final Rule (FR)
published in the Federal Register on
January 19, 2017, by USDA’s
Agricultural Marketing Service (AMS).
USDA is asking the public to comment
on the possible actions USDA should
take in regards to the disposition of the
FR. The FR amends the organic
livestock and poultry production
requirements in the USDA organic
regulations by adding new provisions
for livestock handling and transport for
slaughter and avian living conditions;
and expands and clarifies existing
requirements covering livestock care
and production practices and
mammalian living conditions. The FR
was originally set to take effect on
March 20, 2017, and is now being
extended to November 14, 2017.
DATES: Interested persons are invited to
submit written comments on this
proposed rule on or before June 9, 2017.
ADDRESSES: We invite you to submit
comments on the proposed rule by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Paul Lewis Ph.D., Director,
Standards Division, National Organic
Program, USDA–AMS–NOP, 1400
Independence Ave. SW., Room 2642–
jstallworth on DSK7TPTVN1PROD with PROPOSALS
SUMMARY:
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So., Ag Stop 0268, Washington, DC
20250–0268.
Instructions: All submissions received
must include the docket number AMS–
NOP–17–0031; NOP–15–06A, and/or
Regulatory Information Number (RIN)
0581–AD74 for this rulemaking. Your
comments should clearly indicate
whether or not you support an option
presented in this proposed rule. You
should clearly indicate the reason(s) for
the stated position. All comments
received and any relevant background
documents will be posted without
change to https://www.regulations.gov.
Document: For access to the
document and to read background
documents or comments received, go to
https://www.regulations.gov. Comments
submitted in response to this proposed
rule will also be available for viewing in
person at USDA–AMS, National Organic
Program, Room 2642–South Building,
1400 Independence Ave. SW.,
Washington, DC, from 9 a.m. to 12 noon
and from 1 p.m. to 4 p.m., Monday
through Friday (except official Federal
holidays). Persons wanting to visit the
USDA South Building to view
comments received in response to this
proposed rule are requested to make an
appointment in advance by calling (202)
720–3252.
FOR FURTHER INFORMATION CONTACT: Paul
Lewis, Ph.D., Director, Standards
Division, Telephone: (202) 702–3252;
Fax: (202) 720–7808.
SUPPLEMENTARY INFORMATION:
Background
Consistent with the memorandum of
January 20, 2017, to the heads of
executive departments and agencies
from the Assistant to the President and
Chief of Staff entitled ‘‘Regulatory
Freeze Pending Review,’’ AMS
published in the Federal Register [82
FR 9967] a notice that delayed the
effective date of the FR until May 19,
2017. Along with this proposed rule,
AMS is also publishing a Notice in the
Federal Register that further delays the
effective date of the FR until November
14, 2017.
The FR amends the organic livestock
and poultry production requirements of
the USDA organic regulations by adding
new provisions for livestock handling
and transport for slaughter and avian
living conditions; and expands and
clarifies existing requirements covering
livestock care and production practices
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and mammalian living conditions. The
FR finalizes a proposed rule that AMS
published in the Federal Register on
April 13, 2016, 81 FR 21955.
Actions Being Considered
Because there are significant policy
and legal issues addressed within the
FR that warrant further review by
USDA, the public is being asked to
comment on which of the following four
actions they believe would be best for
USDA to take with regard to the
disposition of the FR. Specifically, the
public should submit their comments
on the following options:
(1) Let the rule become effective. This
means that the rule would become
effective on November 14, 2017.
(2) Suspend the rule indefinitely.
During the suspension, USDA could
consider whether to implement, modify
or withdraw the final rule.
(3) Delay the effective date of the rule
further, beyond the effective date of
November 14, 2017.
(4) Withdraw the rule so that USDA
would not pursue implementation of the
rule.
Notice Delaying IFR Effective Date
Concurrent with this proposed rule,
AMS is publishing in the Federal
Register a notice extending the effective
date of the FR by 180 days until
November 14, 2017.
Dated: May 4, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2017–09410 Filed 5–9–17; 8:45 a.m.]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–1067]
RIN 1625–AA00
Safety Zone; Hurricanes and Other
Disasters in South Florida
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a safety zone within the Sector
Miami Captain of the Port Zone. This
SUMMARY:
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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules
action is necessary to provide for the
safety of persons and vessels in the
event of reduced or restricted visibility
due to hurricanes and other disasters.
This action is intended to restrict port
operations in the event of hurricanes
and other disasters. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 9, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–1067 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.
If
you have questions about this proposed
rulemaking, call or email Petty Officer
Mara Brown, Sector Miami Waterways
Management Division, U.S. Coast
Guard; telephone 305–535–4317, email
Mara.J.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Captain of the Port Miami (COTP)
has determined that the hazards
associated with the reduced or restricted
visibility which can occur during
hurricanes and other disasters constitute
a safety concern for anyone within the
proposed safety zone. The purpose of
the proposed rule is to ensure the safety
of life on navigable waters of the United
States by restricting port operations in
the event of severe weather conditions
or disasters, including hurricanes.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone on the navigable waters of
the Sector Miami COTP zone during
disasters and other specified severe
weather conditions. This proposed rule
would restrict port operations and
vessel traffic during disasters and severe
weather, to include hurricanes, when
certain port conditions are set by the
COTP. The proposed rule would give
the COTP flexibility in controlling and
reconstituting vessel traffic during
periods of heavy weather and allows for
expediting resumption of the Maritime
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Transportation System following
disasters and severe weather.
Hurricane Port Conditions
(WHISKEY, X–RAY, YANKEE, and
ZULU) are standardized states of
operation instituted by the COTP and
shared with all major ports, facilities,
and members of the Maritime
Transportation System. The intermodal
and dynamic nature of the Maritime
Transportation System requires all
parties to comply with safety and
security procedures when faced with
the challenges of hurricanes and other
disasters.
Notice of Hurricane Port Conditions
and their requirements will be given via
Marine Safety Information Bulletins,
online at https://homeport.uscg.mil/
miami, Broadcast Notice to Mariners,
and Severe Weather Advisory Team
meetings.
The regulatory text we are proposing
appears at the end of this document.
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 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, reducing
costs, harmonizing rules, and promoting
flexibility. Executive Order 13771
(Reducing Regulation and Controlling
Regulatory Costs) directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See the OMB
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21743
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017 titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
We expect the economic impact of
this proposed rule to be not significant
for the following reasons: (1) Vessel
traffic and facilities will be impacted by
this rule only during limited times
while heavy weather is expected to
impact the Sector Miami Captain of the
Port Zone; (2) vessel traffic would be
secured only during port conditions
Yankee and Zulu, and only in port areas
potentially affected by gale force winds;
and (3) the Coast Guard would issue
updates on https://homeport.uscg.mil/
miami, VHF channel 16, and during
Severe Weather Advisory Team
meetings.
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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above this
proposed rule 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
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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules
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.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
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
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do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves safety zones implemented
during hurricanes or other heavy
weather events. Normally such actions
are categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of Commandant Instruction
M16475.lD. A preliminary Record of
Consideration (REC) supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this 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
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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.
■
2. Add § 165.785 to read as follows:
§ 165.785 Safety Zone; Hurricanes and
Other Disasters in South Florida.
(a) Regulated Areas. All navigable
waters, as defined in 33 CFR 2.36,
within the Captain of the Port Zone,
Miami Florida, as described in 33 CFR
3.35–10, during specified conditions.
(b) Definitions. (1) 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
areas.
(2) Port Condition WHISKEY means
condition set by the Captain of the Port
when weather advisories indicate
sustained gale force winds (39–54 mph/
34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 72
hours.
(3) Port Condition X–RAY means
condition set by the Captain of the Port
when weather advisories indicate
sustained gale force winds (39–54 mph/
34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 48
hours.
(4) Port Condition YANKEE means
condition set by the Captain of the Port
when weather advisories indicate that
sustained gale force winds (39–54 mph/
34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 24
hours.
(5) Port Condition ZULU means
condition set by the Captain of the Port
when weather advisories indicate that
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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules
sustained gale force winds (39–54 mph/
34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 12
hours.
(c) Regulations.—(1) Port Condition
WHISKEY. All vessel and port facilities
must exercise due diligence in
preparation for potential storm impacts.
Slow-moving vessels may be ordered to
depart to ensure safe avoidance of the
incoming storm upon the anticipation of
the setting of Port Condition X–RAY.
Ports and waterfront facilities shall
begin removing all debris and securing
potential flying hazards. Container
stacking plans shall be implemented.
Waterfront facilities that are unable to
reduce container stacking height to no
more than four high must submit a
container stacking protocol to the
Captain of the Port (COTP).
(2) Port Condition X–RAY. All vessels
and port facilities shall ensure that
potential flying debris is removed or
secured. Hazardous materials/pollution
hazards must be secured in a safe
manner and away from waterfront areas.
Facilities shall continue to implement
container stacking protocol. Containers
must not exceed four tiers, unless
previously approved by the COTP.
Containers carrying hazardous materials
may not be stacked above the second
tier. All oceangoing commercial vessels
greater than 500-gross tons must prepare
to depart ports and anchorages within
the affected regulated area. These
vessels shall depart immediately upon
the setting of Port Condition YANKEE.
During this condition, slow-moving
vessels may be ordered to depart to
ensure safe avoidance of the incoming
storm. Vessels that are unable to depart
the port must contact the COTP to
request and receive permission to
remain in port. Vessels with COTP’s
permission to remain in port must
implement their pre-approved mooring
arrangement. Terminal operators shall
prepare to terminate all cargo
operations. The COTP may require
additional precautions to ensure the
safety of the ports and waterways.
(3) Port Condition YANKEE. Affected
ports are closed to inbound vessel
traffic. All oceangoing commercial
vessels greater than 500-gross tons must
have departed designated ports within
the Sector Miami Captain of the Port
Zone. Appropriate container stacking
protocol must be completed. Terminal
operators must terminate all cargo
operations not associated with storm
preparations: Cargo operations
associated with storm preparations
include moving cargo within or off the
port for securing purposes, crane and
other port/facility equipment
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preparations, and similar activities, but
do not include moving cargo onto the
port or vessel loading/discharging
operations unless specifically
authorized by the COTP. All facilities
shall continue to operate in accordance
with approved Facility Security Plans
and comply with the requirements of
the Maritime Transportation Security
Act (MTSA).
(4) Port Condition ZULU. All port
waterfront operations are suspended,
except final preparations that are
expressly permitted by the COTP as
necessary to ensure the safety of the
ports and facilities. Coast Guard Port
Assessment Teams will conduct final
port assessments.
(5) Emergency Restrictions for Other
Disasters. Any natural or other disasters
that are anticipated to affect the Sector
Miami Captain of the Port zone will
result in the prohibition of commercial
vessel traffic transiting or remaining in
the port or facility operations.
Dated: April 11, 2017.
J.H. D. Solomon,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2017–09476 Filed 5–9–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0275]
RIN 1625–AA00
Safety Zone; Hope Chest Buffalo
Niagara Dragon Boat Festival, Buffalo
River, Buffalo, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of the Buffalo River. This
action is necessary to provide for the
safety of life on these navigable waters
near Buffalo River Works, Buffalo, NY,
during the Hope Chest Buffalo Niagara
Dragon Boat Festival on June 17, 2017,
which includes boat races. This
proposed rulemaking would prohibit
persons and vessels from passing
through the safety zone during race
heats unless authorized by the Captain
of the Port Buffalo or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 30, 2017.
SUMMARY:
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21745
You may submit comments
identified by docket number USCG–
2017–0275 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 LT Michael
Collet, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo;
telephone 716–843–9322, email
SectorBuffaloMarineSafety@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On December 08, 2016, the Hope
Chest Buffalo (Lumanina Crop) notified
the Coast Guard that it will be
conducting a series of dragon boat races
from 8 a.m. to 5 p.m. on June 17, 2017.
The dragon boat races are to take place
in the Buffalo River behind the Buffalo
River Works restaurant in a 300 meter
long course consisting of 4 lanes, each
10 meters wide in Buffalo, NY. The
Captain of the Port Buffalo (COTP) has
determined that a boating race event on
a navigable waterway will pose a
significant risk to participants and the
boating public.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the race course
during heats of the scheduled event.
Vessel traffic will be allowed to pass
through the safety zone between heats.
The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 7:45 a.m. to 5:15 p.m.
on June 17, 2017, that would be
effective and enforced intermittently.
The safety zone would cover all
navigable waters of the Buffalo River;
Buffalo, NY starting at position 42° 52′
12.60″ N. and 078° 52′ 17.64″ W. then
Southeast to 42° 52′ 3.17″ N. and 078°
52′ 12.43″ W. then East to 42° 52′ 3.68″
N. and 078° 52′ 10.35″ W. then
Northwest to 42° 52′ 13.41″ N. and 078°
52’ 16.57″ W. then returning to the point
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]]>Agencies
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Proposed Rules]
[Pages 21742-21745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09476]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-1067]
RIN 1625-AA00
Safety Zone; Hurricanes and Other Disasters in South Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone within the
Sector Miami Captain of the Port Zone. This
[[Page 21743]]
action is necessary to provide for the safety of persons and vessels in
the event of reduced or restricted visibility due to hurricanes and
other disasters. This action is intended to restrict port operations in
the event of hurricanes and other disasters. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 9, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-1067 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 Petty Officer Mara Brown, Sector
Miami Waterways Management Division, U.S. Coast Guard; telephone 305-
535-4317, email Mara.J.Brown@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
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Captain of the Port Miami (COTP) has determined that the
hazards associated with the reduced or restricted visibility which can
occur during hurricanes and other disasters constitute a safety concern
for anyone within the proposed safety zone. The purpose of the proposed
rule is to ensure the safety of life on navigable waters of the United
States by restricting port operations in the event of severe weather
conditions or disasters, including hurricanes.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a safety zone on the
navigable waters of the Sector Miami COTP zone during disasters and
other specified severe weather conditions. This proposed rule would
restrict port operations and vessel traffic during disasters and severe
weather, to include hurricanes, when certain port conditions are set by
the COTP. The proposed rule would give the COTP flexibility in
controlling and reconstituting vessel traffic during periods of heavy
weather and allows for expediting resumption of the Maritime
Transportation System following disasters and severe weather.
Hurricane Port Conditions (WHISKEY, X-RAY, YANKEE, and ZULU) are
standardized states of operation instituted by the COTP and shared with
all major ports, facilities, and members of the Maritime Transportation
System. The intermodal and dynamic nature of the Maritime
Transportation System requires all parties to comply with safety and
security procedures when faced with the challenges of hurricanes and
other disasters.
Notice of Hurricane Port Conditions and their requirements will be
given via Marine Safety Information Bulletins, online at https://homeport.uscg.mil/miami, Broadcast Notice to Mariners, and Severe
Weather Advisory Team meetings.
The regulatory text we are proposing appears at the end of this
document.
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 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs' '' (February 2, 2017).
We expect the economic impact of this proposed rule to be not
significant for the following reasons: (1) Vessel traffic and
facilities will be impacted by this rule only during limited times
while heavy weather is expected to impact the Sector Miami Captain of
the Port Zone; (2) vessel traffic would be secured only during port
conditions Yankee and Zulu, and only in port areas potentially affected
by gale force winds; and (3) the Coast Guard would issue updates on
https://homeport.uscg.mil/miami, VHF channel 16, and during Severe
Weather Advisory Team meetings.
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule 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
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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.
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 safety
zones implemented during hurricanes or other heavy weather events.
Normally such actions are categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary Record of Consideration (REC) supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this 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.
0
2. Add Sec. 165.785 to read as follows:
Sec. 165.785 Safety Zone; Hurricanes and Other Disasters in South
Florida.
(a) Regulated Areas. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone, Miami Florida, as described
in 33 CFR 3.35-10, during specified conditions.
(b) Definitions. (1) 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 areas.
(2) Port Condition WHISKEY means condition set by the Captain of
the Port when weather advisories indicate sustained gale force winds
(39-54 mph/34-47 knots) from a tropical or hurricane force storm are
predicted to make landfall at the port within 72 hours.
(3) Port Condition X-RAY means condition set by the Captain of the
Port when weather advisories indicate sustained gale force winds (39-54
mph/34-47 knots) from a tropical or hurricane force storm are predicted
to make landfall at the port within 48 hours.
(4) Port Condition YANKEE means condition set by the Captain of the
Port when weather advisories indicate that sustained gale force winds
(39-54 mph/34-47 knots) from a tropical or hurricane force storm are
predicted to make landfall at the port within 24 hours.
(5) Port Condition ZULU means condition set by the Captain of the
Port when weather advisories indicate that
[[Page 21745]]
sustained gale force winds (39-54 mph/34-47 knots) from a tropical or
hurricane force storm are predicted to make landfall at the port within
12 hours.
(c) Regulations.--(1) Port Condition WHISKEY. All vessel and port
facilities must exercise due diligence in preparation for potential
storm impacts. Slow-moving vessels may be ordered to depart to ensure
safe avoidance of the incoming storm upon the anticipation of the
setting of Port Condition X-RAY. Ports and waterfront facilities shall
begin removing all debris and securing potential flying hazards.
Container stacking plans shall be implemented. Waterfront facilities
that are unable to reduce container stacking height to no more than
four high must submit a container stacking protocol to the Captain of
the Port (COTP).
(2) Port Condition X-RAY. All vessels and port facilities shall
ensure that potential flying debris is removed or secured. Hazardous
materials/pollution hazards must be secured in a safe manner and away
from waterfront areas. Facilities shall continue to implement container
stacking protocol. Containers must not exceed four tiers, unless
previously approved by the COTP. Containers carrying hazardous
materials may not be stacked above the second tier. All oceangoing
commercial vessels greater than 500-gross tons must prepare to depart
ports and anchorages within the affected regulated area. These vessels
shall depart immediately upon the setting of Port Condition YANKEE.
During this condition, slow-moving vessels may be ordered to depart to
ensure safe avoidance of the incoming storm. Vessels that are unable to
depart the port must contact the COTP to request and receive permission
to remain in port. Vessels with COTP's permission to remain in port
must implement their pre-approved mooring arrangement. Terminal
operators shall prepare to terminate all cargo operations. The COTP may
require additional precautions to ensure the safety of the ports and
waterways.
(3) Port Condition YANKEE. Affected ports are closed to inbound
vessel traffic. All oceangoing commercial vessels greater than 500-
gross tons must have departed designated ports within the Sector Miami
Captain of the Port Zone. Appropriate container stacking protocol must
be completed. Terminal operators must terminate all cargo operations
not associated with storm preparations: Cargo operations associated
with storm preparations include moving cargo within or off the port for
securing purposes, crane and other port/facility equipment
preparations, and similar activities, but do not include moving cargo
onto the port or vessel loading/discharging operations unless
specifically authorized by the COTP. All facilities shall continue to
operate in accordance with approved Facility Security Plans and comply
with the requirements of the Maritime Transportation Security Act
(MTSA).
(4) Port Condition ZULU. All port waterfront operations are
suspended, except final preparations that are expressly permitted by
the COTP as necessary to ensure the safety of the ports and facilities.
Coast Guard Port Assessment Teams will conduct final port assessments.
(5) Emergency Restrictions for Other Disasters. Any natural or
other disasters that are anticipated to affect the Sector Miami Captain
of the Port zone will result in the prohibition of commercial vessel
traffic transiting or remaining in the port or facility operations.
Dated: April 11, 2017.
J.H. D. Solomon,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2017-09476 Filed 5-9-17; 8:45 am]
BILLING CODE 9110-04-P
