80_FR_10674 80 FR 10635 - Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA

80 FR 10635 - Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 39 (February 27, 2015)

Page Range10635-10637
FR Document2015-04163

The Coast Guard proposes to establish a temporary safety zone throughout the Marine Safety Unit Savannah Captain of the Port Zone. This action is necessary to consolidate, clarify, and otherwise modify safety zone regulations to better meet the needs of the Ports of Savannah and Brunswick. This action would establish safety zones in the event natural or manmade disasters affect navigable waterways within the Marine Safety Unit Savannah Captain of the Port Zone.

Federal Register, Volume 80 Issue 39 (Friday, February 27, 2015)
[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Proposed Rules]
[Pages 10635-10637]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04163]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1017]
RIN 1625-AA00


Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy 
Weather and Other Natural Disasters, Savannah Captain of the Port Zone, 
Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
throughout the Marine Safety Unit Savannah Captain of the Port Zone. 
This action is necessary to consolidate, clarify, and otherwise modify 
safety zone regulations to better meet the needs of the Ports of 
Savannah and Brunswick. This action would establish safety zones in the 
event natural or manmade disasters affect navigable waterways within 
the Marine Safety Unit Savannah Captain of the Port Zone.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 1st, 2015. Requests for a public meeting must 
be received by the Coast Guard by April 1st, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Marine Science Technician First Class Zeke Rissman, 
Marine Safety Unit Savannah Prevention Department, Coast Guard; 
telephone (912) 652-4353 ext.241, email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-1017] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-1017) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

C. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish regulated navigation areas and limited access 
areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland 
Security Delegation No. 0170.1.

[[Page 10636]]

    The purpose of these proposed regulations is to ensure the safety 
of life on navigable waters of the United States through the addition 
of regulations in the event of natural and other disasters.

D. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone 
throughout the Marine Safety Unit Savannah Captain of the Port Zone. 
This action is necessary to consolidate, clarify, and otherwise modify 
safety and security zone regulations within the Ports of Savannah and 
Brunswick. This action would establish a safety zone in the event of a 
disaster affecting navigable waterways within the Marine Safety Unit 
Savannah Captain of the Port Zone.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The regulations that are being added are not expected to have a 
significant regulatory action due to the infrequency of use for the 
safety zones.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    For the reasons discussed in the Regulatory Planning and Review 
section above, this rule will not have a significant economic impact on 
a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National

[[Page 10637]]

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves waterway use restrictions that would be otherwise published as 
a Temporary Final Rule within the Savannah Captain of the Port Zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.732 to read as follows:


Sec.  165.732  Safety Zone; Marine Safety Unit Savannah Safety Zone for 
Heavy Weather and other Natural Disasters, Savannah Captain of the Port 
Zone, Savannah, GA.

    (a) Regulated Areas. The following areas are established as safety 
zones during the specified conditions:
    (1) Savannah, GA. All waters within the Port of Savannah, GA, 
encompassed within following locations: starting at the demarcation 
line drawn across the seaward extremity of the Savannah River entrance, 
and encompassing all of the waters of the Savannah River, Savannah GA.
    (2) Brunswick, GA. All waters starting at the demarcation line 
drawn across the seaward extremity of the Savannah River entrance, and 
encompassing all of the waters of the Brunswick River, Brunswick GA.
    (3) All coordinates are North American Datum 1983.
    (b) Definition.
    (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 Savannah in 
the enforcement of the regulated area.
    (2) Hurricane Port Condition YANKEE. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 24 hours.
    (3) Hurricane Port Condition ZULU. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 12 hours.
    (c) Regulations.
    (1) Hurricane Port Condition YANKEE. All commercial, oceangoing 
vessels and barges over 500 gross tons are prohibited from entering the 
regulated areas designated as being in Port Condition YANKEE; within 24 
hours of anticipated landfall of gale force winds (39mph) from tropical 
or hurricane force storm; or upon the Coast Guard setting Port 
Condition YANKEE for inbound ocean going commercial vessel traffic over 
500 GT. Oceangoing commercial vessel traffic outbound will be 
authorized to transit through the regulated areas until Port Condition 
ZULU.
    (2) Hurricane Port Condition ZULU. All commercial, oceangoing 
vessels and barges over 500 gross tons are prohibited from entering the 
regulated areas designated as being in Port Condition ZULU; within 12 
hours of anticipated landfall of a tropical storm or hurricane; or upon 
the Coast Guard setting Port Condition ZULU, unless written permission 
is obtained from the Captain of the Port. All ship-to-shore cargo 
operations must cease six hours prior to setting Port Condition Zulu.
    (3) Emergency Waterway Restriction for Other Disasters. Any natural 
or other disasters that are anticipated to affect the Captain of the 
Port Savannah area of responsibility will result in the prohibition of 
commercial vessel traffic transiting or remaining in any of the two 
regulated areas predicted to be affected as designated by the Captain 
of the Port Savannah.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
Savannah via telephone at (912) 247-0073, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain in the 
regulated area is granted by the Captain of the Port Savannah or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Savannah or a designated representative.
    (5) Coast Guard Marine Safety Unit Savannah will attempt to notify 
the maritime community of periods during which these safety zones will 
be in effect via Broadcast Notice to Mariners or by on-scene designated 
representatives.
    (6) The Coast Guard will provide notice of the regulated area via 
Broadcast Notice to Mariners or by on-scene designated representatives.
    (7) This regulation does not apply to authorized law enforcement 
agencies operating within the regulated area.

    Dated: February 2, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2015-04163 Filed 2-26-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules                                        10635

                                                Occupational Safety and Health,                         holidays. The telephone number is (202)               ‘‘SEARCH.’’ Click on ‘‘Submit a
                                                directed the preparation of this                        366–9329.                                             Comment’’ on the line associated with
                                                document under the authority granted                      See the ‘‘Public Participation and                  this rulemaking.
                                                by 29 U.S.C. 656; 40 U.S.C. 3704; 5                     Request for Comments’’ portion of the                    If you submit your comments by mail
                                                U.S.C. App. 2; 29 CFR parts 1911 and                    SUPPLEMENTARY INFORMATION section                     or hand delivery, submit them in an
                                                1912; 41 CFR 102–3; and Secretary of                    below for further instructions on                     unbound format, no larger than 81⁄2 by
                                                Labor’s Order No. 1–2012 (77 FR 3912,                   submitting comments. To avoid                         11 inches, suitable for copying and
                                                Jan. 25, 2012).                                         duplication, please use only one of                   electronic filing. If you submit
                                                  Signed at Washington, DC, on February 23,
                                                                                                        these three methods.                                  comments by mail and would like to
                                                2015.                                                   FOR FURTHER INFORMATION CONTACT: If                   know that they reached the Facility,
                                                David Michaels,                                         you have questions on this rule, call or              please enclose a stamped, self-addressed
                                                Assistant Secretary of Labor for Occupational
                                                                                                        email Marine Science Technician First                 postcard or envelope. We will consider
                                                Safety and Health.                                      Class Zeke Rissman, Marine Safety Unit                all comments and material received
                                                                                                        Savannah Prevention Department, Coast                 during the comment period and may
                                                [FR Doc. 2015–03990 Filed 2–26–15; 8:45 am]
                                                                                                        Guard; telephone (912) 652–4353                       change the rule based on your
                                                BILLING CODE 4510–26–P
                                                                                                        ext.241, email Harold.E.Rissman@                      comments.
                                                                                                        uscg.mil. If you have questions on
                                                                                                        viewing or submitting material to the                 2. Viewing Comments and Documents
                                                DEPARTMENT OF HOMELAND                                  docket, call Cheryl Collins, Program                     To view comments, as well as
                                                SECURITY                                                Manager, Docket Operations, telephone                 documents mentioned in this preamble
                                                                                                        (202) 366–9826.                                       as being available in the docket, go to
                                                Coast Guard
                                                                                                        SUPPLEMENTARY INFORMATION:                            http://www.regulations.gov, type the
                                                33 CFR Part 165                                         Table of Acronyms                                     docket number (USCG–2014–1017) in
                                                                                                                                                              the ‘‘SEARCH’’ box and click
                                                [Docket Number USCG–2014–1017]                            DHS Department of Homeland Security                 ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          FR Federal Register                                 Folder on the line associated with this
                                                RIN 1625–AA00                                             NPRM Notice of Proposed Rulemaking
                                                                                                                                                              rulemaking. You may also visit the
                                                Safety Zone; Marine Safety Unit                         A. Public Participation and Request for               Docket Management Facility in Room
                                                Savannah Safety Zone for Heavy                          Comments                                              W12–140 on the ground floor of the
                                                Weather and Other Natural Disasters,                      We encourage you to participate in                  Department of Transportation West
                                                Savannah Captain of the Port Zone,                      this rulemaking by submitting                         Building, 1200 New Jersey Avenue SE.,
                                                Savannah, GA                                            comments and related materials. All                   Washington, DC 20590, between 9 a.m.
                                                                                                        comments received will be posted                      and 5 p.m., Monday through Friday,
                                                AGENCY:   Coast Guard, DHS.                                                                                   except Federal holidays.
                                                                                                        without change to http://
                                                ACTION:   Notice of proposed rulemaking.                www.regulations.gov and will include                  3. Privacy Act
                                                SUMMARY:   The Coast Guard proposes to                  any personal information you have
                                                                                                        provided.                                               Anyone can search the electronic
                                                establish a temporary safety zone                                                                             form of comments received into any of
                                                throughout the Marine Safety Unit                       1. Submitting Comments                                our dockets by the name of the
                                                Savannah Captain of the Port Zone. This                                                                       individual submitting the comment (or
                                                                                                           If you submit a comment, please
                                                action is necessary to consolidate,                                                                           signing the comment, if submitted on
                                                                                                        include the docket number for this
                                                clarify, and otherwise modify safety                                                                          behalf of an association, business, labor
                                                                                                        rulemaking, indicate the specific section
                                                zone regulations to better meet the                                                                           union, etc.). You may review a Privacy
                                                                                                        of this document to which each
                                                needs of the Ports of Savannah and                                                                            Act notice regarding our public dockets
                                                                                                        comment applies, and provide a reason
                                                Brunswick. This action would establish                                                                        in the January 17, 2008, issue of the
                                                                                                        for each suggestion or recommendation.
                                                safety zones in the event natural or                                                                          Federal Register (73 FR 3316).
                                                                                                        You may submit your comments and
                                                manmade disasters affect navigable
                                                                                                        material online at http://                            4. Public Meeting
                                                waterways within the Marine Safety
                                                                                                        www.regulations.gov, or by fax, mail, or
                                                Unit Savannah Captain of the Port Zone.                                                                         We do not now plan to hold a public
                                                                                                        hand delivery, but please use only one
                                                DATES: Comments and related material                    of these means. If you submit a                       meeting. But you may submit a request
                                                must be received by the Coast Guard on                  comment online, it will be considered                 for one, using one of the methods
                                                or before April 1st, 2015. Requests for a               received by the Coast Guard when you                  specified under ADDRESSES. Please
                                                public meeting must be received by the                  successfully transmit the comment. If                 explain why you believe a public
                                                Coast Guard by April 1st, 2015.                         you fax, hand deliver, or mail your                   meeting would be beneficial. If we
                                                ADDRESSES: You may submit comments                      comment, it will be considered as                     determine that one would aid this
                                                identified by docket number using any                   having been received by the Coast                     rulemaking, we will hold one at a time
                                                one of the following methods:                           Guard when it is received at the Docket               and place announced by a later notice
                                                  (1) Federal eRulemaking Portal:                       Management Facility. We recommend                     in the Federal Register.
                                                http://www.regulations.gov.                             that you include your name and a                      C. Basis and Purpose
                                                  (2) Fax: 202–493–2251.                                mailing address, an email address, or a
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                  (3) Mail or Delivery: Docket                          telephone number in the body of your                     The legal basis for the proposed rule
                                                Management Facility (M–30), U.S.                        document so that we can contact you if                is the Coast Guard’s authority to
                                                Department of Transportation, West                      we have questions regarding your                      establish regulated navigation areas and
                                                Building Ground Floor, Room W12–140,                    submission.                                           limited access areas: 33 U.S.C. 1231; 46
                                                1200 New Jersey Avenue SE.,                                To submit your comment online, go to               U.S.C. Chapter 701, 3306, 3703; 50
                                                Washington, DC 20590–0001. Deliveries                   http://www.regulations.gov, type the                  U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
                                                accepted between 9 a.m. and 5 p.m.,                     docket number [USCG–2014–1017] in                     6.04–6, 160.5; Department of Homeland
                                                Monday through Friday, except federal                   the ‘‘SEARCH’’ box and click                          Security Delegation No. 0170.1.


                                           VerDate Sep<11>2014   16:15 Feb 26, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\27FEP1.SGM   27FEP1


                                                10636                   Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules

                                                  The purpose of these proposed                           If you think that your business,                    more in any one year. Though this
                                                regulations is to ensure the safety of life             organization, or governmental                         proposed rule would not result in such
                                                on navigable waters of the United States                jurisdiction qualifies as a small entity              an expenditure, we do discuss the
                                                through the addition of regulations in                  and that this rule would have a                       effects of this rule elsewhere in this
                                                the event of natural and other disasters.               significant economic impact on it,                    preamble.
                                                                                                        please submit a comment (see
                                                D. Discussion of Proposed Rule                                                                                8. Taking of Private Property
                                                                                                        ADDRESSES) explaining why you think it
                                                   The Coast Guard proposes to establish                qualifies and how and to what degree                    This proposed rule would not cause a
                                                a temporary safety zone throughout the                  this rule would economically affect it.               taking of private property or otherwise
                                                Marine Safety Unit Savannah Captain of                                                                        have taking implications under
                                                                                                        3. Assistance for Small Entities                      Executive Order 12630, Governmental
                                                the Port Zone. This action is necessary
                                                to consolidate, clarify, and otherwise                     Under section 213(a) of the Small                  Actions and Interference with
                                                modify safety and security zone                         Business Regulatory Enforcement                       Constitutionally Protected Property
                                                regulations within the Ports of                         Fairness Act of 1996 (Pub. L. 104–121),               Rights.
                                                Savannah and Brunswick. This action                     we want to assist small entities in
                                                                                                                                                              9. Civil Justice Reform
                                                would establish a safety zone in the                    understanding this proposed rule. If the
                                                event of a disaster affecting navigable                 rule would affect your small business,                   This proposed rule meets applicable
                                                waterways within the Marine Safety                      organization, or governmental                         standards in sections 3(a) and 3(b)(2) of
                                                Unit Savannah Captain of the Port Zone.                 jurisdiction and you have questions                   Executive Order 12988, Civil Justice
                                                                                                        concerning its provisions or options for              Reform, to minimize litigation,
                                                E. Regulatory Analyses                                  compliance, please contact the person                 eliminate ambiguity, and reduce
                                                  We developed this proposed rule after                 listed in the FOR FURTHER INFORMATION                 burden.
                                                considering numerous statutes and                       CONTACT, above. The Coast Guard will
                                                                                                                                                              10. Protection of Children From
                                                executive orders related to rulemaking.                 not retaliate against small entities that             Environmental Health Risks
                                                Below we summarize our analyses                         question or complain about this
                                                based on a number of these statutes or                  proposed rule or any policy or action of                 We have analyzed this proposed rule
                                                executive orders.                                       the Coast Guard.                                      under Executive Order 13045,
                                                                                                                                                              Protection of Children from
                                                1. Regulatory Planning and Review                       4. Collection of Information                          Environmental Health Risks and Safety
                                                  This proposed rule is not a significant                  This proposed rule will not call for a             Risks. This rule is not an economically
                                                regulatory action under section 3(f) of                 new collection of information under the               significant rule and would not create an
                                                Executive Order 12866, Regulatory                       Paperwork Reduction Act of 1995 (44                   environmental risk to health or risk to
                                                Planning and Review, as supplemented                    U.S.C. 3501–3520).                                    safety that might disproportionately
                                                by Executive Order 13563, Improving                                                                           affect children.
                                                                                                        5. Federalism
                                                Regulation and Regulatory Review, and                                                                         11. Indian Tribal Governments
                                                                                                           A rule has implications for federalism
                                                does not require an assessment of
                                                                                                        under Executive Order 13132,                             This proposed rule does not have
                                                potential costs and benefits under
                                                                                                        Federalism, if it has a substantial direct            tribal implications under Executive
                                                section 6(a)(3) of Executive Order 12866
                                                                                                        effect on the States, on the relationship             Order 13175, Consultation and
                                                or under section 1 of Executive Order
                                                                                                        between the national government and                   Coordination with Indian Tribal
                                                13563. The Office of Management and
                                                                                                        the States, or on the distribution of                 Governments, because it would not have
                                                Budget has not reviewed it under those
                                                                                                        power and responsibilities among the                  a substantial direct effect on one or
                                                Orders.
                                                                                                        various levels of government. We have                 more Indian tribes, on the relationship
                                                  The regulations that are being added                  analyzed this proposed rule under that                between the Federal Government and
                                                are not expected to have a significant                  Order and determined that this rule                   Indian tribes, or on the distribution of
                                                regulatory action due to the infrequency                does not have implications for                        power and responsibilities between the
                                                of use for the safety zones.                            federalism.                                           Federal Government and Indian tribes.
                                                2. Impact on Small Entities                             6. Protest Activities                                 12. Energy Effects
                                                   The Regulatory Flexibility Act of 1980                  The Coast Guard respects the First                    This proposed rule is not a
                                                (RFA), 5 U.S.C. 601–612, as amended,                    Amendment rights of protesters.                       ‘‘significant energy action’’ under
                                                requires federal agencies to consider the               Protesters are asked to contact the                   Executive Order 13211, Actions
                                                potential impact of regulations on small                person listed in the FOR FURTHER                      Concerning Regulations That
                                                entities during rulemaking. The term                    INFORMATION CONTACT section to                        Significantly Affect Energy Supply,
                                                ‘‘small entities’’ comprises small                      coordinate protest activities so that your            Distribution, or Use.
                                                businesses, not-for-profit organizations                message can be received without
                                                that are independently owned and                        jeopardizing the safety or security of                13. Technical Standards
                                                operated and are not dominant in their                  people, places or vessels.                              This proposed rule does not use
                                                fields, and governmental jurisdictions                                                                        technical standards. Therefore, we did
                                                with populations of less than 50,000.                   7. Unfunded Mandates Reform Act                       not consider the use of voluntary
                                                The Coast Guard certifies under 5 U.S.C.                   The Unfunded Mandates Reform Act                   consensus standards.
                                                605(b) that this proposed rule will not
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        of 1995 (2 U.S.C. 1531–1538) requires
                                                have a significant economic impact on                   Federal agencies to assess the effects of             14. Environment
                                                a substantial number of small entities.                 their discretionary regulatory actions. In              We have analyzed this proposed rule
                                                   For the reasons discussed in the                     particular, the Act addresses actions                 under Department of Homeland
                                                Regulatory Planning and Review section                  that may result in the expenditure by a               Security Management Directive 023–01
                                                above, this rule will not have a                        State, local, or tribal government, in the            and Commandant Instruction
                                                significant economic impact on a                        aggregate, or by the private sector of                M16475.lD, which guide the Coast
                                                substantial number of small entities.                   $100,000,000 (adjusted for inflation) or              Guard in complying with the National


                                           VerDate Sep<11>2014   16:15 Feb 26, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\27FEP1.SGM   27FEP1


                                                                        Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Proposed Rules                                               10637

                                                Environmental Policy Act of 1969                           (b) Definition.                                    authorization. If authorization to enter,
                                                (NEPA) (42 U.S.C. 4321–4370f), and                         (1) The term ‘‘designated                          transit through, anchor in, or remain in
                                                have made a preliminary determination                   representative’’ means Coast Guard                    the regulated area is granted by the
                                                that this action is one of a category of                Patrol Commanders, including Coast                    Captain of the Port Savannah or a
                                                actions that do not individually or                     Guard coxswains, petty officers, and                  designated representative, all persons
                                                cumulatively have a significant effect on               other officers operating Coast Guard                  and vessels receiving such authorization
                                                the human environment. This proposed                    vessels, and Federal, state, and local                must comply with the instructions of
                                                rule involves waterway use restrictions                 officers designated by or assisting the               the Captain of the Port Savannah or a
                                                that would be otherwise published as a                  Captain of the Port Savannah in the                   designated representative.
                                                Temporary Final Rule within the                         enforcement of the regulated area.                       (5) Coast Guard Marine Safety Unit
                                                Savannah Captain of the Port Zone. This                    (2) Hurricane Port Condition                       Savannah will attempt to notify the
                                                rule is categorically excluded from                     YANKEE. Set when weather advisories                   maritime community of periods during
                                                further review under paragraph 34(g) of                 indicate that sustained Gale Force                    which these safety zones will be in
                                                Figure 2–1 of the Commandant                            winds from a tropical or hurricane force              effect via Broadcast Notice to Mariners
                                                Instruction. A preliminary                              storm are predicted to make landfall at               or by on-scene designated
                                                environmental analysis checklist                        the port within 24 hours.                             representatives.
                                                supporting this determination and a                        (3) Hurricane Port Condition ZULU.                    (6) The Coast Guard will provide
                                                Categorical Exclusion Determination are                 Set when weather advisories indicate                  notice of the regulated area via
                                                available in the docket where indicated                 that sustained Gale Force winds from a                Broadcast Notice to Mariners or by on-
                                                under ADDRESSES. We seek any                            tropical or hurricane force storm are                 scene designated representatives.
                                                comments or information that may lead                   predicted to make landfall at the port                   (7) This regulation does not apply to
                                                to the discovery of a significant                       within 12 hours.                                      authorized law enforcement agencies
                                                                                                           (c) Regulations.                                   operating within the regulated area.
                                                environmental impact from this                             (1) Hurricane Port Condition
                                                proposed rule.                                                                                                  Dated: February 2, 2015.
                                                                                                        YANKEE. All commercial, oceangoing
                                                                                                                                                              A.M. Beach,
                                                List of Subjects in 33 CFR Part 165                     vessels and barges over 500 gross tons
                                                                                                                                                              Commander, U.S. Coast Guard, Captain of
                                                  Harbors, Marine safety, Navigation                    are prohibited from entering the
                                                                                                                                                              the Port Savannah.
                                                (water), Reporting and recordkeeping                    regulated areas designated as being in
                                                                                                                                                              [FR Doc. 2015–04163 Filed 2–26–15; 8:45 am]
                                                requirements, Security measures,                        Port Condition YANKEE; within 24
                                                                                                                                                              BILLING CODE 9110–04–P
                                                Waterways.                                              hours of anticipated landfall of gale
                                                                                                        force winds (39mph) from tropical or
                                                  For the reasons discussed in the                      hurricane force storm; or upon the Coast
                                                preamble, the Coast Guard proposes to                   Guard setting Port Condition YANKEE                   DEPARTMENT OF VETERANS
                                                amend 33 CFR part 165 as follows:                       for inbound ocean going commercial                    AFFAIRS
                                                PART 165—REGULATED NAVIGATION                           vessel traffic over 500 GT. Oceangoing
                                                                                                                                                              38 CFR Part 4
                                                AREAS AND LIMITED ACCESS AREAS                          commercial vessel traffic outbound will
                                                                                                        be authorized to transit through the                  RIN 2900–AP13
                                                ■ 1. The authority citation for part 165                regulated areas until Port Condition
                                                                                                        ZULU.                                                 Schedule for Rating Disabilities;
                                                continues to read as follows:
                                                                                                           (2) Hurricane Port Condition ZULU.                 Gynecological Conditions and
                                                  Authority: 33 U.S.C. 1231; 46 U.S.C.                                                                        Disorders of the Breast
                                                                                                        All commercial, oceangoing vessels and
                                                Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.           barges over 500 gross tons are                        AGENCY:    Department of Veterans Affairs.
                                                107–295, 116 Stat. 2064; Department of                  prohibited from entering the regulated                ACTION:   Proposed rule.
                                                Homeland Security Delegation No. 0170.1.                areas designated as being in Port
                                                ■   2. Add § 165.732 to read as follows:                Condition ZULU; within 12 hours of                    SUMMARY:   The Department of Veterans
                                                                                                        anticipated landfall of a tropical storm              Affairs (VA) proposes to amend the
                                                § 165.732 Safety Zone; Marine Safety Unit               or hurricane; or upon the Coast Guard                 portion of the VA Schedule for Rating
                                                Savannah Safety Zone for Heavy Weather                  setting Port Condition ZULU, unless                   Disabilities (VASRD or rating schedule)
                                                and other Natural Disasters, Savannah                   written permission is obtained from the               that addresses gynecological conditions
                                                Captain of the Port Zone, Savannah, GA.                 Captain of the Port. All ship-to-shore                and disorders of the breast. The purpose
                                                   (a) Regulated Areas. The following                   cargo operations must cease six hours                 of these changes is to incorporate
                                                areas are established as safety zones                   prior to setting Port Condition Zulu.                 medical advances that have occurred
                                                during the specified conditions:                           (3) Emergency Waterway Restriction                 since the last review, update current
                                                   (1) Savannah, GA. All waters within                  for Other Disasters. Any natural or other             medical terminology, and provide clear
                                                the Port of Savannah, GA, encompassed                   disasters that are anticipated to affect              evaluation criteria. The proposed rule
                                                within following locations: starting at                 the Captain of the Port Savannah area of              reflects advances in medical knowledge,
                                                the demarcation line drawn across the                   responsibility will result in the                     recommendations from the
                                                seaward extremity of the Savannah                       prohibition of commercial vessel traffic              Gynecological Conditions and Disorders
                                                River entrance, and encompassing all of                 transiting or remaining in any of the two             of the Breast Work Group (Work Group),
                                                the waters of the Savannah River,                       regulated areas predicted to be affected              which is comprised of subject matter
                                                Savannah GA.                                            as designated by the Captain of the Port              experts from both the Veterans Benefits
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                   (2) Brunswick, GA. All waters starting               Savannah.                                             Administration (VBA) and the Veterans
                                                at the demarcation line drawn across the                   (4) Persons and vessels desiring to                Health Administration (VHA), and
                                                seaward extremity of the Savannah                       enter, transit through, anchor in, or                 comments from experts and the public
                                                River entrance, and encompassing all of                 remain in the regulated area may                      gathered as part of a public forum. The
                                                the waters of the Brunswick River,                      contact the Captain of the Port                       public forum, focusing on revisions to
                                                Brunswick GA.                                           Savannah via telephone at (912) 247–                  the gynecological conditions and
                                                   (3) All coordinates are North                        0073, or a designated representative via              disorders of the breast section of the
                                                American Datum 1983.                                    VHF radio on channel 16, to request                   VASRD, was held on January 24, 2012.


                                           VerDate Sep<11>2014   16:15 Feb 26, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\27FEP1.SGM   27FEP1



Document Created: 2015-12-18 13:14:58
Document Modified: 2015-12-18 13:14:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 1st, 2015. Requests for a public meeting must be received by the Coast Guard by April 1st, 2015.
ContactIf you have questions on this rule, call or email Marine Science Technician First Class Zeke Rissman, Marine Safety Unit Savannah Prevention Department, Coast Guard; telephone (912) 652-4353 ext.241, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 10635 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR