80 FR 11128 - Safety and Security Zones, Jacksonville Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range		11128-11131
FR Document		2015-04280
The Coast Guard has modified several aspects of the safety and security zones within the Sector Jacksonville Captain of the Port Zone. This action was necessary to consolidate, clarify, and otherwise modify safety and security zone regulations to eliminate unnecessary regulations and better meet the safety and security needs of the Ports of Jacksonville, Fernandina, and Canaveral. This action modifies existing safety and security zones; establishes safety zones governing port regulation in the event of natural and other disasters; and removes unnecessary or superfluous safety and security zones.
Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11128-11131]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04280]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0152]
RIN 1625-AA00, 1625-AA87


Safety and Security Zones, Jacksonville Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has modified several aspects of the safety and 
security zones within the Sector Jacksonville Captain of the Port Zone. 
This action was necessary to consolidate, clarify, and otherwise modify 
safety and security zone regulations to eliminate unnecessary 
regulations and better meet the safety and security needs of the Ports 
of Jacksonville, Fernandina, and Canaveral. This action modifies 
existing safety and security zones; establishes safety zones governing 
port regulation in the event of natural and other disasters; and 
removes unnecessary or superfluous safety and security zones.

DATES: This rule is effective April 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0152. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Allan Storm, Sector Jacksonville Office of 
Waterways Management, U.S. Coast Guard; telephone (904) 564-7563, 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
COTP Captain of the Port
GRT Gross Register Ton

A. Regulatory History and Information

    On June 17, 2014, we published a Notice of Proposed Rulemaking 
(NPRM) entitled Safety and Security Zones: Jacksonville Captain of the 
Port Zone in the Federal Register (79 FR 34674).
    In 1994, the USCG published a safety zone around firework barges 
between the Hart and Acosta Bridges within the Port of Jacksonville. As 
of 2008, there are 22 special local regulations listed under 33 CFR 
100.701 which establish a 500 yard regulated area around various barges 
for firework display events. This regulation revises the current 
regulations to add safety zone regulations during natural and other 
disasters. It also implements safety zones for all fire work displays 
in the Jacksonville Captain of the Port Zone.

B. Basis and Purpose

    The legal basis for this 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.
    The purpose of these regulations is to ensure the safety of life on 
navigable waters of the United States through the addition of 
regulations applicable during disasters and firework displays within 
the Jacksonville Captain of the Port Zone.

C. Discussion of Comments, Changes and the Final Rule

    Public meetings were held on June 23, 2014 in Jacksonville and June 
25, 2014 in Port Canaveral. No comments were received during the 
meetings or the NPRM comment period.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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. This regulation is not a 
significant regulatory action because most of the regulations already 
exist in some form such as special local regulations for firework 
displays. 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 around firework barges. The removal of the safety and 
security zone for Blount Island would have no effect as the Restricted 
Area set in place by the Army Corps of Engineers will remain in effect.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended,

[[Page 11129]]

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 received zero comments from the Small Business 
Administration on this rule. 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.
    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.

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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    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.

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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

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

11. Indian Tribal Governments

    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.

12. Energy Effects

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 disestablishing of a safety and 
security zone, addition of port regulations that would be otherwise 
published as a Temporary Final Rule, and addition of safety zones to 
include all firework barge displays within the Jacksonville 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. An 
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 
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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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. Revise Sec.  165.720 to read as follows:

[[Page 11130]]

Sec.  165.720  Safety Zone; Natural and Other Disasters in Ports of 
Jacksonville, Fernandina, and Canaveral, Florida.

    (a) Regulated Areas. The following areas are established as safety 
zones during the specified conditions:
    (1) Fernandina, FL. All waters within the Cumberland Sound and 
Amelia River encompassed within the following locations: starting at 
the demarcation line drawn across the seaward extremity of the St. 
Marys River Entrance Jetties; thence following the shoreline north to 
Stafford Island; thence north to Point 1 in position 30[deg]50'00'' N., 
81[deg]29'10'' W.; thence west to Point 2 in position 30[deg]50'00'' 
N., 81[deg]30'47'' W.; thence southwest to Kings Bay in position 
30[deg]48'42'' N., 81[deg]31'27'' W.; thence south following the 
shoreline south to point 3 in position 30[deg]40'30'' N., 
81[deg]28'38'' W.; thence southwest to R ``18'' at Point 4 
30[deg]39'57'' N., 81[deg]29'04'' W.; thence southeast to Point 5 
30[deg]39'48'' N., 81[deg]28'57'' W.; thence following the shoreline 
northeast back to origin.
    (2) Jacksonville, FL. All waters within the Port of Jacksonville, 
FL encompassed within the following locations: starting at the 
demarcation line drawn across the seaward extremity of the St. Johns 
River Entrance Jetties, thence following the northern riverbank west to 
the Sister's Creek Bridge, thence following the riverbank west to the 
Interstate 95 Trout River Bridge, thence following the riverbank south 
to the Henry H. Buckman Bridge, thence following the eastern riverbank 
back to origin.
    (3) Canaveral, FL. All waters within the Canaveral Barge Canal in 
Port Canaveral, FL encompassed within the following locations: starting 
at the demarcation line drawn across the seaward extremity of the Port 
Canaveral Entrance Channel Jetties, thence following the northern 
shoreline west to the SR401 Bridge, thence following the southern 
shoreline back to origin.
    (4) 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 Jacksonville 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 GRT as measured 
under Title 46 United States Code Section 14502 or an alternate tonnage 
established as 6,000 gross tonnage as measured under 46 U.S.C. 14302 
(GT ITC) are prohibited from entering in any of the regulated areas 
designated as being in Port Condition YANKEE within the COTP Zone 
Jacksonville. Oceangoing commercial vessel traffic outbound will be 
authorized to transit through the regulated areas until Port Condition 
ZULU. Additionally, in the Port of Canaveral, no vessel, regardless of 
size or service, will be allowed to transit through the Port Canaveral 
Barge Canal upon the setting of Port Condition YANKEE.
    (2) Hurricane Port Condition ZULU. All commercial, oceangoing 
vessels and barges over 500 GRT as measured under Title 46 United 
States Code Section 14502 or an alternate tonnage established as 6,000 
gross tonnage as measured under 46 U.S.C. 14302 (GT ITC) are prohibited 
from transiting or remaining in any of the regulated areas designated 
as being in Port Condition ZULU within COTP Zone Jacksonville. All 
ship-to-shore cargo operations must cease 6 hours prior to setting Port 
Condition Zulu.
    (3) Emergency Regulation for Other Disasters. Any natural or other 
disasters that are to affect the Jacksonville COTP Zone will result in 
the prohibition of commercial vessel traffic over 500 GRT as measured 
under Title 46 United States Code Section 14502 or an alternate tonnage 
established as 6,000 gross tonnage as measured under 46 U.S.C. 14302 
(GT ITC) transiting or remaining in any of the regulated areas 
predicted to be effected as designated by the COTP Jacksonville.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
Jacksonville via telephone at (904) 564-7513, 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 Jacksonville or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (5) Coast Guard Sector Jacksonville 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.


0
3. Add Sec.  165.723 to read as follows:


Sec.  165.723  Safety Zone; Firework Displays in Captain of the Port 
Zone Jacksonville, Florida.

    (a) Regulated Area. The following area is established as a safety 
zone during the specified conditions: All waters within the 
Jacksonville COTP Zone within a 500 yard radius of a firework barge or 
barges during the storage, preparation, and launching of fireworks.
    (1) The Coast Guard realizes that some large scale events, such as 
those with many participants or spectators, or those that could 
severely restrict navigation or pose a significant hazard, may still 
require separate special local regulations or safety zones that address 
the specific peculiarities of the event. In those situations, the Coast 
Guard will create special local regulations or safety zones 
specifically for the event, and those regulations will supersede the 
regulations in this rule.
    (2) All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Jacksonville in the enforcement of the regulated 
area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Coast Guard Captain of the Port 
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
Jacksonville via telephone at (904) 564-7513, 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 Jacksonville or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area via

[[Page 11131]]

Broadcast Notice to Mariners or by on-scene designated representatives.
    (4) This regulation does not apply to authorized law enforcement 
agencies operating within the regulated area.

    Dated: February 19, 2015.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2015-04280 Filed 2-27-15; 8:45 am]
BILLING CODE 9110-04-P
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11129

requires federal agencies to consider the analyzed this rule under that Order and 12. Energy Effects
potential impact of regulations on small determined that this rule does not have
entities during rulemaking. The term implications for federalism. This action is not a ‘‘significant
‘‘small entities’’ comprises small energy action’’ under Executive Order
6. Protest Activities 13211, Actions Concerning Regulations
businesses, not-for-profit organizations
that are independently owned and That Significantly Affect Energy Supply,
The Coast Guard respects the First
operated and are not dominant in their Distribution, or Use.
Amendment rights of protesters.
fields, and governmental jurisdictions Protesters are asked to contact the 13. Technical Standards
with populations of less than 50,000. person listed in the FOR FURTHER
The Coast Guard received zero INFORMATION CONTACT section to This rule does not use technical
comments from the Small Business coordinate protest activities so that your standards. Therefore, we did not
Administration on this rule. The Coast message can be received without consider the use of voluntary consensus
Guard certifies under 5 U.S.C. 605(b) jeopardizing the safety or security of standards.
that this rule will not have a significant people, places or vessels. 14. Environment
economic impact on a substantial
number of small entities. 7. Unfunded Mandates Reform Act
We have analyzed this rule under
For the reasons discussed in the Department of Homeland Security
The Unfunded Mandates Reform Act
Regulatory Planning and Review section Management Directive 023–01 and
of 1995 (2 U.S.C. 1531–1538) requires
above, this rule will not have a Commandant Instruction M16475.lD,
Federal agencies to assess the effects of
significant economic impact on a which guide the Coast Guard in
their discretionary regulatory actions. In
substantial number of small entities. complying with the National
particular, the Act addresses actions
3. Assistance for Small Entities that may result in the expenditure by a Environmental Policy Act of 1969
State, local, or tribal government, in the (NEPA) (42 U.S.C. 4321–4370f), and
Under section 213(a) of the Small
aggregate, or by the private sector of have determined that this action is one
Business Regulatory Enforcement
$100,000,000 (adjusted for inflation) or of a category of actions that do not
Fairness Act of 1996 (Pub. L. 104–121),
more in any one year. Though this rule individually or cumulatively have a
we want to assist small entities in
will not result in such an expenditure, significant effect on the human
understanding this rule. If the rule
we do discuss the effects of this rule environment. This rule involves
would affect your small business,
elsewhere in this preamble. disestablishing of a safety and security
organization, or governmental
zone, addition of port regulations that
jurisdiction and you have questions 8. Taking of Private Property would be otherwise published as a
concerning its provisions or options for
This rule will not cause a taking of Temporary Final Rule, and addition of
compliance, please contact the person
private property or otherwise have safety zones to include all firework
listed in the FOR FURTHER INFORMATION
taking implications under Executive barge displays within the Jacksonville
CONTACT section above.
Small businesses may send comments Order 12630, Governmental Actions and Captain of the Port Zone. This rule is
on the actions of Federal employees Interference with Constitutionally categorically excluded from further
who enforce, or otherwise determine Protected Property Rights. review under paragraph 34(g) of Figure
compliance with, Federal regulations to 2–1 of the Commandant Instruction. An
9. Civil Justice Reform environmental analysis checklist
the Small Business and Agriculture
Regulatory Enforcement Ombudsman supporting this determination and a
This rule meets applicable standards Categorical Exclusion Determination are
and the Regional Small Business in sections 3(a) and 3(b)(2) of Executive
Regulatory Fairness Boards. The available in the docket where indicated
Order 12988, Civil Justice Reform, to under ADDRESSES. We seek any
Ombudsman evaluates these actions minimize litigation, eliminate
annually and rates each agency’s comments or information that may lead
ambiguity, and reduce burden. to the discovery of a significant
responsiveness to small business. If you
wish to comment on actions by 10. Protection of Children environmental impact from this rule.
employees of the Coast Guard, call 1– We have analyzed this rule under List of Subjects in 33 CFR Part 165
888–REG–FAIR (1–888–734–3247). The Executive Order 13045, Protection of
Coast Guard will not retaliate against Harbors, Marine safety, Navigation
Children from Environmental Health (water), Reporting and recordkeeping
small entities that question or complain Risks and Safety Risks. This rule is not
about this rule or any policy or action requirements, Security measures,
an economically significant rule and Waterways.
of the Coast Guard. does not create an environmental risk to
4. Collection of Information health or risk to safety that may For the reasons discussed in the
disproportionately affect children. preamble, the Coast Guard amends 33
This rule will not call for a new
CFR part 165 as follows:
collection of information under the 11. Indian Tribal Governments
Paperwork Reduction Act of 1995 (44 PART 165—REGULATED NAVIGATION
U.S.C. 3501–3520). This rule does not have tribal
AREAS AND LIMITED ACCESS AREAS
implications under Executive Order
5. Federalism 13175, Consultation and Coordination
A rule has implications for federalism with Indian Tribal Governments, ■ 1. The authority citation for part 165
wreier-aviles on DSK5TPTVN1PROD with RULES

under Executive Order 13132, because it does not have a substantial continues to read as follows:
Federalism, if it has a substantial direct direct effect on one or more Indian Authority: 33 U.S.C. 1231; 46 U.S.C.
effect on the States, on the relationship tribes, on the relationship between the Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
between the national government and Federal Government and Indian tribes, 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
the States, or on the distribution of or on the distribution of power and
Homeland Security Delegation No. 0170.1.
power and responsibilities among the responsibilities between the Federal
various levels of government. We have Government and Indian tribes. ■ 2. Revise § 165.720 to read as follows:

VerDate Sep<11>2014 14:17 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1
11130 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

§ 165.720 Safety Zone; Natural and Other (3) Hurricane Port Condition ZULU. the Captain of the Port Jacksonville or
Disasters in Ports of Jacksonville, Set when weather advisories indicate a designated representative.
Fernandina, and Canaveral, Florida. that sustained Gale Force winds from a (5) Coast Guard Sector Jacksonville
(a) Regulated Areas. The following Tropical or hurricane force storm are will attempt to notify the maritime
areas are established as safety zones predicted to make landfall at the port community of periods during which
during the specified conditions: within 12 hours. these safety zones will be in effect via
(1) Fernandina, FL. All waters within (c) Regulations. (1) Hurricane Port Broadcast Notice to Mariners or by on-
the Cumberland Sound and Amelia Condition YANKEE. All commercial, scene designated representatives.
River encompassed within the following oceangoing vessels and barges over 500 ■ 3. Add § 165.723 to read as follows:
locations: starting at the demarcation GRT as measured under Title 46 United
line drawn across the seaward extremity States Code Section 14502 or an § 165.723 Safety Zone; Firework Displays
of the St. Marys River Entrance Jetties; alternate tonnage established as 6,000 in Captain of the Port Zone Jacksonville,
Florida.
thence following the shoreline north to gross tonnage as measured under 46
Stafford Island; thence north to Point 1 U.S.C. 14302 (GT ITC) are prohibited (a) Regulated Area. The following area
in position 30°50’00″ N., 81°29′10″ W.; from entering in any of the regulated is established as a safety zone during the
thence west to Point 2 in position areas designated as being in Port specified conditions: All waters within
30°50′00″ N., 81°30′47″ W.; thence Condition YANKEE within the COTP the Jacksonville COTP Zone within a
southwest to Kings Bay in position Zone Jacksonville. Oceangoing 500 yard radius of a firework barge or
30°48′42″ N., 81°31′27″ W.; thence south commercial vessel traffic outbound will barges during the storage, preparation,
following the shoreline south to point 3 be authorized to transit through the and launching of fireworks.
in position 30°40′30″ N., 81°28′38″ W.; regulated areas until Port Condition (1) The Coast Guard realizes that some
thence southwest to R ‘‘18’’ at Point 4 ZULU. Additionally, in the Port of large scale events, such as those with
30°39′57″ N., 81°29′04″ W.; thence Canaveral, no vessel, regardless of size many participants or spectators, or those
southeast to Point 5 30°39′48″ N., or service, will be allowed to transit that could severely restrict navigation or
81°28′57″ W.; thence following the through the Port Canaveral Barge Canal pose a significant hazard, may still
shoreline northeast back to origin. upon the setting of Port Condition require separate special local
(2) Jacksonville, FL. All waters within YANKEE. regulations or safety zones that address
the Port of Jacksonville, FL the specific peculiarities of the event. In
(2) Hurricane Port Condition ZULU.
encompassed within the following those situations, the Coast Guard will
All commercial, oceangoing vessels and
locations: starting at the demarcation create special local regulations or safety
barges over 500 GRT as measured under
line drawn across the seaward extremity zones specifically for the event, and
Title 46 United States Code Section
of the St. Johns River Entrance Jetties, those regulations will supersede the
14502 or an alternate tonnage
thence following the northern riverbank regulations in this rule.
established as 6,000 gross tonnage as (2) All coordinates are North
west to the Sister’s Creek Bridge, thence measured under 46 U.S.C. 14302 (GT American Datum 1983.
following the riverbank west to the ITC) are prohibited from transiting or (b) Definition. The term ‘‘designated
Interstate 95 Trout River Bridge, thence remaining in any of the regulated areas representative’’ means Coast Guard
following the riverbank south to the designated as being in Port Condition Patrol Commanders, including Coast
Henry H. Buckman Bridge, thence ZULU within COTP Zone Jacksonville. Guard coxswains, petty officers, and
following the eastern riverbank back to All ship-to-shore cargo operations must other officers operating Coast Guard
origin. cease 6 hours prior to setting Port vessels, and Federal, state, and local
(3) Canaveral, FL. All waters within Condition Zulu. officers designated by or assisting the
the Canaveral Barge Canal in Port (3) Emergency Regulation for Other Captain of the Port Jacksonville in the
Canaveral, FL encompassed within the Disasters. Any natural or other disasters enforcement of the regulated area.
following locations: starting at the that are to affect the Jacksonville COTP (c) Regulations. (1) All persons and
demarcation line drawn across the Zone will result in the prohibition of vessels are prohibited from entering,
seaward extremity of the Port Canaveral commercial vessel traffic over 500 GRT transiting through, anchoring in, or
Entrance Channel Jetties, thence as measured under Title 46 United remaining within the regulated area
following the northern shoreline west to States Code Section 14502 or an unless authorized by the Coast Guard
the SR401 Bridge, thence following the alternate tonnage established as 6,000 Captain of the Port Jacksonville or a
southern shoreline back to origin. gross tonnage as measured under 46 designated representative.
(4) All coordinates are North U.S.C. 14302 (GT ITC) transiting or (2) Persons and vessels desiring to
American Datum 1983. remaining in any of the regulated areas enter, transit through, anchor in, or
(b) Definition. (1) The term predicted to be effected as designated by remain in the regulated area may
‘‘designated representative’’ means the COTP Jacksonville. contact the Captain of the Port
Coast Guard Patrol Commanders, (4) Persons and vessels desiring to Jacksonville via telephone at (904) 564–
including Coast Guard coxswains, petty enter, transit through, anchor in, or 7513, or a designated representative via
officers, and other officers operating remain in the regulated area may VHF radio on channel 16, to request
Coast Guard vessels, and Federal, state, contact the Captain of the Port authorization. If authorization to enter,
and local officers designated by or Jacksonville via telephone at (904) 564– transit through, anchor in, or remain in
assisting the Captain of the Port 7513, or a designated representative via the regulated area is granted by the
Jacksonville in the enforcement of the VHF radio on channel 16, to request
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Captain of the Port Jacksonville or a
regulated area. authorization. If authorization to enter, designated representative, all persons
(2) Hurricane Port Condition transit through, anchor in, or remain in and vessels receiving such authorization
YANKEE. Set when weather advisories the regulated area is granted by the must comply with the instructions of
indicate that sustained Gale Force Captain of the Port Jacksonville or a the Captain of the Port Jacksonville or
winds from a tropical or hurricane force designated representative, all persons a designated representative.
storm are predicted to make landfall at and vessels receiving such authorization (3) The Coast Guard will provide
the port within 24 hours. must comply with the instructions of notice of the regulated area via

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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11131

Broadcast Notice to Mariners or by on- 2012, SIP submissions with regards to or revised NAAQS within three years
scene designated representatives. the state board majority requirements following the promulgation of such
(4) This regulation does not apply to respecting significant portion of income. NAAQS, or within such shorter period
authorized law enforcement agencies EPA will consider action with regards to as EPA may prescribe. These SIP
operating within the regulated area. the infrastructure elements related to submissions are commonly referred to
Dated: February 19, 2015. PSD permitting, visibility and interstate as ‘‘infrastructure’’ SIP submissions.
transport in a separate action. Section 110(a) imposes the obligation
T.G. Allan, Jr.,
DATES: This rule will be effective April upon states to make an infrastructure
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville. 1, 2015. SIP submission to EPA for a new or
ADDRESSES: EPA has established a revised NAAQS, but the contents of that
[FR Doc. 2015–04280 Filed 2–27–15; 8:45 am]
docket for this action under Docket submission may vary depending upon
BILLING CODE 9110–04–P
Identification No. EPA–R04–OAR– the facts and circumstances. In
2012–0698. All documents in the docket particular, the data and analytical tools
are listed on the www.regulations.gov available at the time the state develops
ENVIRONMENTAL PROTECTION Web site. Although listed in the index, and submits the infrastructure SIP for a
AGENCY some information is not publicly new or revised NAAQS affect the
available, i.e., Confidential Business content of the submission. The contents
40 CFR Part 52
Information or other information whose of such infrastructure SIP submissions
[EPA–R04–OAR–2012–0698; FRL–9923–55– disclosure is restricted by statute. may also vary depending upon what
Region–4] Certain other material, such as provisions the state’s existing SIP
copyrighted material, is not placed on already contains. In the case of the 2008
Approval and Promulgation of 8-hour ozone NAAQS, states typically
the Internet and will be publicly
Implementation Plans; Mississippi; have met the basic program elements
available only in hard copy form.
Infrastructure Requirements for the required in section 110(a)(2) through
Publicly available docket materials are
2008 8-Hour Ozone National Ambient earlier SIP submissions in connection
available either electronically through
Air Quality Standards with previous ozone NAAQS.
www.regulations.gov or in hard copy at
AGENCY: Environmental Protection the Air Regulatory Management Section More specifically, section 110(a)(1)
Agency (EPA). (formerly the Regulatory Development provides the procedural and timing
Section), Air Planning and requirements for SIPs. Section 110(a)(2)
ACTION: Final rule.
Implementation Branch (formerly the lists specific elements that states must
SUMMARY: The Environmental Protection Air Planning Branch), Air, Pesticides meet for infrastructure SIP requirements
Agency (EPA) is taking final action to and Toxics Management Division, U.S. related to a newly established or revised
approve in part and disapprove in part, Environmental Protection Agency, NAAQS. As mentioned above, these
the May 29, 2012, and July 26, 2012, Region 4, 61 Forsyth Street SW., requirements include basic structural
State Implementation Plan (SIP) Atlanta, Georgia 30303–8960. EPA SIP elements such as modeling,
submissions, provided by the requests that if at all possible, you monitoring, and emissions inventories
Mississippi Department of contact the person listed in the FOR that are designed to assure attainment
Environmental Quality (MDEQ) for FURTHER INFORMATION CONTACT section to and maintenance of the NAAQS. The
inclusion into the Mississippi SIP. This schedule your inspection. The Regional requirements of section 110(a)(2) are
final rulemaking pertains to the Clean Office’s official hours of business are summarized below and in EPA’s
Air Act (CAA or the Act) infrastructure Monday through Friday, 8:30 a.m. to September 13, 2013, memorandum
requirements for the 2008 8-hour ozone 4:30 p.m. excluding Federal holidays. entitled ‘‘Guidance on Infrastructure
national ambient air quality standards FOR FURTHER INFORMATION CONTACT: State Implementation Plan (SIP)
(NAAQS). The CAA requires that each Nacosta C. Ward, Air Regulatory Elements under Clean Air Act Sections
state adopt and submit a SIP for the Management Section, Air Planning and 110(a)(1) and 110(a)(2).’’ 1
implementation, maintenance and Implementation Branch, Air, Pesticides • 110(a)(2)(A): Emission Limits and
enforcement of each NAAQS and Toxics Management Division, U.S. Other Control Measures
promulgated by EPA, which is Environmental Protection Agency, • 110(a)(2)(B): Ambient Air Quality
commonly referred to as an Region 4, 61 Forsyth Street SW., Monitoring/Data System
‘‘infrastructure’’ SIP. MDEQ certified Atlanta, Georgia 30303–8960. The • 110(a)(2)(C): Programs for
that the Mississippi SIP contains telephone number is (404) 562–9140. Enforcement of Control Measures and
provisions that ensure the 2008 8-hour Ms. Ward can be reached via electronic
1 Two elements identified in section 110(a)(2) are
ozone NAAQS is implemented, mail at ward.nacosta@epa.gov.
not governed by the three year submission deadline
enforced, and maintained in Mississippi SUPPLEMENTARY INFORMATION: of section 110(a)(1) because SIPs incorporating
(hereafter referred to as an necessary local nonattainment area controls are not
‘‘infrastructure SIP submission’’). With I. Background due within three years after promulgation of a new
the exception of provisions pertaining to Upon promulgation of a new or or revised NAAQS, but rather due at the time the
nonattainment area plan requirements are due
prevention of significant deterioration revised NAAQS, sections 110(a)(1) and pursuant to other provisions of the CAA for
(PSD) permitting, interstate transport, (2) of the CAA require states to address submission of SIP revisions specifically applicable
visibility protection requirements and basic SIP requirements, including for attainment planning purposes. These
the state board majority requirements emissions inventories, monitoring, and requirements are: (1) Submissions required by
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section 110(a)(2)(C) to the extent that subsection
respecting significant portion of income, modeling to assure attainment and refers to a permit program as required in part D
EPA is taking final action to approve maintenance for that new NAAQS. Title I of the CAA; and (2) submissions required by
Mississippi’s infrastructure SIP Section 110(a) of the CAA generally section 110(a)(2)(I) which pertain to the
submissions, provided to EPA on May requires states to make a SIP submission nonattainment planning requirements of part D,
Title I of the CAA. Today’s proposed rulemaking
29, 2012, and July 26, 2012. EPA is to meet applicable requirements in does not address infrastructure elements related to
taking final action to disapprove order to provide for the implementation, section 110(a)(2)(I) or the nonattainment planning
Mississippi’s May 29, 2012, and July 26, maintenance, and enforcement of a new requirements of 110(a)(2)(C).

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Document Created: 2015-12-18 12:07:14
Document Modified: 2015-12-18 12:07:14
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective April 1, 2015.
Contact		If you have questions on this rule, call or email Lieutenant Allan Storm, Sector Jacksonville Office of Waterways Management, U.S. Coast Guard; telephone (904) 564-7563, 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 Citation		80 FR 11128
RIN Number		1625-AA00 and 1625-AA87
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
80 FR 11128 - Safety and Security Zones, Jacksonville Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 40 (March 2, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
