Safety Zone; Hurricanes, Tropical Storms and Other Disasters in South Florida, 13520-13523 [2020-04709]
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
Monday through Friday, except Federal
holidays, the draws need not be opened.
(3) The following bridges are remotely
operated, are required to operate a
radiotelephone, and shall open as noted
in this section; The South First Street
Bridge, mile 1.78.
(4) No commercial vessel over 50 tons
shall be held between any bridge at any
time and must be passed as soon as
possible.
(5) From November 2nd through April
15th, all drawbridges over the
Kinnickinnic River will open on signal
if a 12-hour advance notice is provided.
The Canadian Pacific Railroad Bridge
at Mile 1.74 over the Burnham Canal,
and the Sixteenth Street Bridge, mile
2.14, over the Menomonee River are
closed by regulation and do not need to
open for the passage of vessels.
During non-special event weekdays
the owners of all affected bridges will
provide records showing the dates and
times of bridge openings and the type of
vessels the bridge opened for. The city
of Milwaukee will also provide
information on the vehicle congestion
caused or improved by the temporary
deviation by providing the number of
vehicles waiting for the bridge to close
after a vessel passes.
Because we took into consideration
the comments from the ANPRM, vehicle
counts, and past three years of vehicle
counts, we believe the test deviation
will have a limited impact on vessels.
The city of Milwaukee held public
discussions about the potential rule
change through public works meetings
conducted throughout the summer of
2018. Prior to asking for our review, this
office reached out to several commercial
vessels which operate on the affected
waterways prior to the release of the
ANPRM. These actions were aimed at
developing a test deviation that took all
pertinent comments and concerns under
consideration.
Vessels that can safely pass under the
bridge without an opening may do so at
any time. The Coast Guard will also
inform the users of the waterways of the
change in operating schedule for the
bridges through our Local and Broadcast
Notices to Mariners.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
II. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
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received during the comment period.
Your comment can help shape the
outcome of this rulemaking. Should 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. Documents mentioned in this
NPRM as being available in this docket
and all public comments, will be in our
online docket at https://
www.regulations.gov, and can be viewed
by following that website’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.
Dated: February 25, 2020.
D. L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2020–04659 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
The regulations in 33 CFR
165.845 will be enforced from 9 p.m. to
10 p.m. on March 18, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Commander Corinne Plummer, Sector
New Orleans, U.S. Coast Guard;
telephone 504–365–2375, email
Corinne.M.Plummer@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
located in 33 CFR 165.845 for the River
Center Fireworks Display event. The
regulations will be enforced from 9:00
p.m. through 10:00 p.m. on March 18,
2020. This action is being taken to
provide for the safety of life on
navigable waterways during this event,
which will be located between MM 95.7
and MM 96.7 above Head of Passes,
Lower Mississippi River, LA. During the
enforcement periods, if you are the
operator of a vessel in the regulated area
you must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard Ensign.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via a Marine Safety Information Bulletin
and Broadcast Notice to Mariners.
DATES:
Dated: March 2, 2020.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2020–04664 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
33 CFR 165
[Docket No. USCG–2020–0105]
[Docket Number USCG–2016–1067]
Safety Zone; New Orleans, LA
RIN 1625–AA00
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
Safety Zone; Hurricanes, Tropical
Storms and Other Disasters in South
Florida
AGENCY:
The Coast Guard will enforce
a temporary safety zone between mile
marker (MM) 95.7 and MM 96.7 above
Head of Passes, Lower Mississippi
River, LA. This action is necessary to
provide for the safety of life on these
navigable waters near New Orleans, LA,
during a fireworks display on March 18,
2020. During the enforcement periods,
the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
SUMMARY:
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Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard will
establish a safety zone that would
restrict certain vessels from entering or
transiting through certain navigable
waters in the Miami River and Ports of
Miami, Everglades, Palm Beach and Fort
Pierce during periods of reduced or
restricted visibility due to tropical storm
force winds (39–73 mph/34–63 knots),
hurricanes and/or other disasters. This
action is necessary for the safety of life
SUMMARY:
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
waters in the safety zone before, during,
and after tropical storms, hurricanes and
other disasters.
on these navigable waters within the
Sector Miami Captain of the Port
(COTP) zone.
DATES: This rule is effective April 8,
2020.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
1067 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking contact Mr. Omar Beceiro,
Sector Miami Waterways Management
Division, U.S. Coast Guard at (305) 535–
4317, or by email at Omar.Beceiro@
uscg.mil.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
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 Information and
Regulatory History
The COTP has determined reduced or
restricted visibility and tropical storm
force winds, which may occur during
tropical storms, hurricanes and other
disasters, constitutes a safety concern
for vessels within the Miami COTP
zone. As a result, the Coast Guard
published a notice of proposed
rulemaking (NPRM) on June 5, 2017 1 to
establish a temporary safety zone over
certain navigable waters in the Miami
River and Ports of Miami, Everglades,
Palm Beach and Fort Pierce. Since a
considerable amount of time passed and
a final rule was not published, the Coast
Guard published a supplemental notice
of proposed rulemaking (SNPRM) on
October 3, 2019. 2 During the comment
period that ended November 4, 2019,
the Coast Guard received two
comments.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
Miami has determined reduced or
restricted visibility and tropical storm
force winds, which may occur during
tropical storms, hurricanes and other
disasters, constitutes a safety concern.
The purpose of this rule is to ensure
safety of certain vessels and navigable
1 See
2 See
82 FR 21742.
84 FR 52835.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, the Coast Guard
received two comments on the SNPRM
in support of the proposed rule. In the
regulatory text of this rule, we made one
change by changing the section number
of regulation from § 165.785 to
§ 165.706. We are making this change
because § 165.785 is already being used
for another regulation.
This rule establishes a safety zone that
restricts certain vessels from entering or
transiting through certain navigable
waters in the Miami River and Ports of
Miami, Everglades, Palm Beach and Fort
Pierce during periods of reduced or
restricted visibility due to tropical storm
force winds (39–73 mph/34–63 knots),
hurricanes and/or other disasters. The
duration of the regulation is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after periods of tropical storm force
winds.
V. Regulatory Analyses
We developed this 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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Certain vessels will be affected by this
rule only when heavy weather is
forecast to make imminent landfall
within the Sector Miami COTP zone. In
addition, vessel traffic would be secured
only during port conditions Yankee and
Zulu, and only in ports potentially
affected by tropical storm force winds.
The Coast Guard will issue updates on
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https://homeport.uscg.mil/portdirectory/miami, via broadcasts on
VHF–FM marine 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 did not receive any
comments from the Small Business
Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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 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 rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone of limited duration in the Miami
COTP zone implemented during
tropical storms, hurricanes or other
heavy weather events. This action is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
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5090.1. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.706 to read as follows:
§ 165.706 Safety Zone; Hurricanes,
Tropical Storms and Other Disasters in
South Florida.
(a) Regulated Areas. All navigable
waters, as defined in 33 CFR 2.36,
within Sector Miami COTP 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 COTP Miami, in the
enforcement of the regulated areas.
(2) Port Condition WHISKEY means a
condition set by the COTP when
weather advisories indicate sustained
tropical storm force winds from a
tropical or hurricane force storm are
predicted to make landfall at the port
within 72 hours.
(3) Port Condition X-RAY means a
condition set by the COTP when
weather advisories indicate sustained
tropical storm force winds from a
tropical or hurricane force storm are
predicted to make landfall at the port
within 48 hours.
(4) Port Condition YANKEE means a
condition set by the COTP when
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weather advisories indicate that
sustained tropical storm force winds
from a tropical or hurricane force storm
are predicted to make landfall at the
port within 24 hours.
(5) Port Condition ZULU means a
condition set by the COTP when
weather advisories indicate that
sustained tropical storm force winds
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 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 would be closed to inbound vessel
traffic. All oceangoing commercial
vessels greater than 500-gross tons must
have departed designated ports within
the Sector Miami COTP zone.
Appropriate container stacking protocol
must be completed. Terminal operators
must terminate all cargo operations not
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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 COTP zone will result in the
prohibition of facility operations and
commercial vessel traffic transiting or
remaining in the affected port.
Dated: January 14, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the
Port, Miami.
[FR Doc. 2020–04709 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Parts 300, 361, 363, 367, 370,
and 381
[Docket ID ED–2020–OSERS–0022]
Assistance to States for the Education
of Children With Disabilities; State
Vocational Rehabilitation Services;
State Supported Employment
Services; Independent Living Services
for Older Individuals Who Are Blind;
Protection and Advocacy of Individual
Rights; Client Assistance Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notification of policy statement;
request for comment.
AGENCY:
The Office of Special
Education and Rehabilitative Services
(OSERS) is seeking comment on its
October 29, 2019, policy statement and
frequently asked questions (Policy
Statement) granting prior approval for
two direct cost categories under the
Department’s authority in the Office of
Management and Budget’s (OMB’s)
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SUMMARY:
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Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards
(Uniform Guidance). The prior approval
applies to State formula grant programs
administered by the Office of Special
Education Programs (OSEP) and the
Rehabilitation Services Administration
(RSA) for two direct cost categories:
Participant support costs and
equipment.
We must receive your comments
on or before April 8, 2020.
ADDRESSES: Submit your comments
through the Federal eRulemaking portal
or via U.S. mail, commercial delivery, or
hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘How to use
Regulations.gov’’ in the Help section.
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this proposed
interpretation, address them to the
appropriate individual listed under FOR
FURTHER INFORMATION CONTACT.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: For
programs administered by OSEP,
Matthew Schneer, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5055, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: (202) 245–6755. Email:
Matthew.Schneer@ed.gov.
For programs administered by RSA,
David Steele, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5157, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: (202) 245–6520. Email:
David.Steele@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
DATES:
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13523
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment
We invite you to submit comments on
the Policy Statement. See ADDRESSES for
instructions on how to submit
comments.
During and after the comment period,
you may inspect all public comments
about this proposed interpretation by
accessing Regulations.gov. You may also
inspect the comments in person in
Room 5008 between the hours of 8:30
a.m. and 4:00 p.m., Eastern time,
Monday through Friday of each week
except Federal holidays. If you want to
schedule time to inspect comments,
please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Assistance to Individuals with
Disabilities in Reviewing the Record: On
request, we will provide an appropriate
accommodation or auxiliary aid to an
individual with a disability who needs
assistance to review the comments or
other documents in the public record for
this notice. If you want to schedule an
appointment for this type of aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Background: On October 29, 2019,
OSERS first published the Policy
Statement that granted prior approval
for two direct cost categories under the
Department’s authority in the OMB’s
Uniform Guidance, codified in 2 CFR
200.407(f) and (t), 200.439(b), and
200.456.
The prior approval applies to two
direct cost categories, participant
support costs and equipment, in the
following State formula grant programs
administered by OSEP and RSA:
OSEP
1. Individuals with Disabilities
Education Act (IDEA) Part B Section 611
Grants to States;
2. IDEA Section 619 Preschool Grants;
and
3. IDEA Part C Grants for Infants and
Families.
RSA
1. State Vocational Rehabilitation
(VR) Services under the Rehabilitation
Act of 1973 (Rehabilitation Act);
2. State Supported Employment
(Supported Employment) Services;
3. Independent Living Services for
Older Individuals Who Are Blind (OIB);
4. Protection and Advocacy of
Individual Rights (PAIR); and
5. Client Assistance Program (CAP).
When we released the Policy
Statement last October, we did so on an
interim basis to provide grantees with
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]]>Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13520-13523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04709]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR 165
[Docket Number USCG-2016-1067]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms and Other Disasters in
South Florida
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish a safety zone that would
restrict certain vessels from entering or transiting through certain
navigable waters in the Miami River and Ports of Miami, Everglades,
Palm Beach and Fort Pierce during periods of reduced or restricted
visibility due to tropical storm force winds (39-73 mph/34-63 knots),
hurricanes and/or other disasters. This action is necessary for the
safety of life
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on these navigable waters within the Sector Miami Captain of the Port
(COTP) zone.
DATES: This rule is effective April 8, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-1067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking contact Mr. Omar Beceiro, Sector Miami Waterways Management
Division, U.S. Coast Guard at (305) 535-4317, or by email at
[email protected].
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 Information and Regulatory History
The COTP has determined reduced or restricted visibility and
tropical storm force winds, which may occur during tropical storms,
hurricanes and other disasters, constitutes a safety concern for
vessels within the Miami COTP zone. As a result, the Coast Guard
published a notice of proposed rulemaking (NPRM) on June 5, 2017 \1\ to
establish a temporary safety zone over certain navigable waters in the
Miami River and Ports of Miami, Everglades, Palm Beach and Fort Pierce.
Since a considerable amount of time passed and a final rule was not
published, the Coast Guard published a supplemental notice of proposed
rulemaking (SNPRM) on October 3, 2019. \2\ During the comment period
that ended November 4, 2019, the Coast Guard received two comments.
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\1\ See 82 FR 21742.
\2\ See 84 FR 52835.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Miami has determined
reduced or restricted visibility and tropical storm force winds, which
may occur during tropical storms, hurricanes and other disasters,
constitutes a safety concern. The purpose of this rule is to ensure
safety of certain vessels and navigable waters in the safety zone
before, during, and after tropical storms, hurricanes and other
disasters.
IV. Discussion of Comments, Changes, and the Rule
As noted above, the Coast Guard received two comments on the SNPRM
in support of the proposed rule. In the regulatory text of this rule,
we made one change by changing the section number of regulation from
Sec. 165.785 to Sec. 165.706. We are making this change because Sec.
165.785 is already being used for another regulation.
This rule establishes a safety zone that restricts certain vessels
from entering or transiting through certain navigable waters in the
Miami River and Ports of Miami, Everglades, Palm Beach and Fort Pierce
during periods of reduced or restricted visibility due to tropical
storm force winds (39-73 mph/34-63 knots), hurricanes and/or other
disasters. The duration of the regulation is intended to ensure the
safety of vessels and these navigable waters before, during, and after
periods of tropical storm force winds.
V. Regulatory Analyses
We developed this 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Certain vessels
will be affected by this rule only when heavy weather is forecast to
make imminent landfall within the Sector Miami COTP zone. In addition,
vessel traffic would be secured only during port conditions Yankee and
Zulu, and only in ports potentially affected by tropical storm force
winds. The Coast Guard will issue updates on https://homeport.uscg.mil/port-directory/miami, via broadcasts on VHF-FM marine 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 did not receive any comments from the Small
Business Administration on this rulemaking. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will not have a significant
economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 13522]]
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited duration in
the Miami COTP zone implemented during tropical storms, hurricanes or
other heavy weather events. This action is categorically excluded from
further review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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. 165.706 to read as follows:
Sec. 165.706 Safety Zone; Hurricanes, Tropical Storms and Other
Disasters in South Florida.
(a) Regulated Areas. All navigable waters, as defined in 33 CFR
2.36, within Sector Miami COTP 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 COTP
Miami, in the enforcement of the regulated areas.
(2) Port Condition WHISKEY means a condition set by the COTP when
weather advisories indicate sustained tropical storm force winds from a
tropical or hurricane force storm are predicted to make landfall at the
port within 72 hours.
(3) Port Condition X-RAY means a condition set by the COTP when
weather advisories indicate sustained tropical storm force winds from a
tropical or hurricane force storm are predicted to make landfall at the
port within 48 hours.
(4) Port Condition YANKEE means a condition set by the COTP when
weather advisories indicate that sustained tropical storm force winds
from a tropical or hurricane force storm are predicted to make landfall
at the port within 24 hours.
(5) Port Condition ZULU means a condition set by the COTP when
weather advisories indicate that sustained tropical storm force winds
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 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 would be closed to
inbound vessel traffic. All oceangoing commercial vessels greater than
500-gross tons must have departed designated ports within the Sector
Miami COTP zone. Appropriate container stacking protocol must be
completed. Terminal operators must terminate all cargo operations not
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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 COTP
zone will result in the prohibition of facility operations and
commercial vessel traffic transiting or remaining in the affected port.
Dated: January 14, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port, Miami.
[FR Doc. 2020-04709 Filed 3-6-20; 8:45 am]
BILLING CODE 9110-04-P
