80_FR_26534 80 FR 26445 - 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 26445 - 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 89 (May 8, 2015)

Page Range26445-26447
FR Document2015-11177

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

Federal Register, Volume 80 Issue 89 (Friday, May 8, 2015)
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26445-26447]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11177]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-1017]
RIN 1625-AA00, 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: Final rule.

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

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

DATES: This rule is effective on June 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-1017. 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 Christopher D. McElvaine, U.S. Coast Guard 
Marine Safety Unit Savannah at (912) 652-4353 or email at 
[email protected]. If you have questions on viewing 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. Regulatory Information

    On February 27, 2015, we published a notice of proposed rulemaking 
entitled Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy 
Weather and Other Natural Disasters, Savannah Captain of the Port Zone, 
Savannah, GA. We received one public comment in support of the safety 
zone. No public meeting was requested, and none was held. No other 
documents were published as part of this rulemaking.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 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 in the event of natural and other disasters.

C. Discussion of Rule

    The Coast Guard is establishing 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.
    Only one positive comment was received in support of the 
regulation. No changes were made in the rule making.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
of these statutes or 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, and does not 
require an assessment of potential costs

[[Page 26446]]

and benefits under section 6(a)(3) of that order. The Office of 
Management and Budget has not reviewed it under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS).
    The regulations that are being added are not expected to have a 
significant regulatory impact due to the infrequency of use for the 
safety zone.

2. Impact of 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 
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 no 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. This safety zone would not have a 
significant impact on a substantial number of small entities for the 
following reasons: The safety zone would be activated and subject to 
enforcement only during the event of natural or other disasters.

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 FUTHER 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 calls for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have 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 would not result 
in such 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 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 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 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 analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 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. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comment or 
information that may lead to the discovery of a significant 
environmental impact from the 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:

[[Page 26447]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.780 to read as follows:


Sec.  165.780  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 GT are prohibited 
from entering the regulated areas designated as being in Port Condition 
YANKEE; within 24 hours of anticipated landfall of gale force winds (39 
mph) 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 GT 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 COTP Savannah AOR 
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 COTP 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: April 28, 2015.
O. Vazquez,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Savannah.
[FR Doc. 2015-11177 Filed 5-7-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations                                        26445

                                                  Environmental Policy Act of 1969                          (d) Enforcement period. This rule will              uscg.mil. If you have questions on
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                      be enforced from 8:30 p.m. to 9:30 p.m.               viewing the docket, call Cheryl Collins,
                                                  have determined that this action is one                 on May 25, 2015.                                      Program Manager, Docket operations,
                                                  of a category of actions that do not                      Dated: April 27, 2015.                              telephone 202–366–9826.
                                                  individually or cumulatively have a                     S. R. Murtagh,                                        SUPPLEMENTARY INFORMATION:
                                                  significant effect on the human
                                                                                                          Captain, U.S. Coast Guard, Captain of the             Table of Acronyms
                                                  environment. This rule involves the                     Port North Carolina.
                                                  establishment of a safety zone. This rule                                                                     DHS Department of Homeland Security
                                                                                                          [FR Doc. 2015–11176 Filed 5–7–15; 8:45 am]
                                                  is categorically excluded from further                                                                        FR Federal Register
                                                                                                          BILLING CODE 9110–04–P                                NPRM Notice of proposed rulemaking
                                                  review under paragraph 34–g of Figure
                                                  2–1 of the Commandant Instruction. We                                                                         A. Regulatory Information
                                                  seek any comments or information that                   DEPARTMENT OF HOMELAND
                                                  may lead to the discovery of a                                                                                  On February 27, 2015, we published
                                                                                                          SECURITY                                              a notice of proposed rulemaking entitled
                                                  significant environmental impact from
                                                  this rule.                                                                                                    Safety Zone; Marine Safety Unit
                                                                                                          Coast Guard
                                                                                                                                                                Savannah Safety Zone for Heavy
                                                  List of Subjects in 33 CFR Part 165                                                                           Weather and Other Natural Disasters,
                                                                                                          33 CFR Part 165
                                                    Harbors, Marine safety, Navigation                                                                          Savannah Captain of the Port Zone,
                                                  (water), Reporting and recordkeeping                    [Docket No. USCG–2014–1017]                           Savannah, GA. We received one public
                                                  requirements, Security measures,                                                                              comment in support of the safety zone.
                                                                                                          RIN 1625–AA00, 1625–AA00
                                                  Waterways.                                                                                                    No public meeting was requested, and
                                                                                                          Safety Zone; Marine Safety Unit                       none was held. No other documents
                                                    For the reasons discussed in the                                                                            were published as part of this
                                                  preamble, the Coast Guard amends 33                     Savannah Safety Zone for Heavy
                                                                                                          Weather and Other Natural Disasters,                  rulemaking.
                                                  CFR part 165 as follows:
                                                                                                          Savannah Captain of the Port Zone,                    B. Basis and Purpose
                                                  PART 165—REGULATED NAVIGATION                           Savannah, GA
                                                                                                                                                                  The legal basis for this rule is the
                                                  AREAS AND LIMITED ACCESS AREAS                          AGENCY:  Coast Guard, DHS.                            Coast Guard’s authority to establish
                                                  ■ 1. The authority citation for part 165                ACTION: Final rule.                                   regulated navigation areas and other
                                                  continues to read as follows:                                                                                 limited access areas: 33 U.S.C. 1231; 50
                                                                                                          SUMMARY:   The Coast Guard is                         U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             establishing a safety zone throughout                 160.5; Department of Homeland
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                   the Marine Safety Unit Savannah                       Security Delegation No. 0170.1.
                                                  Department of Homeland Security Delegation
                                                  No. 0170.1.
                                                                                                          Captain of the Port Zone. This action is                The purpose of these regulations is to
                                                                                                          necessary to consolidate, clarify, and                ensure the safety of life on navigable
                                                  ■ 2. Add § 165.T05–0287 to read as                      otherwise modify safety regulations to                waters of the United States through the
                                                  follows:                                                better meet safety needs within the ports             addition of regulations in the event of
                                                                                                          of Savannah and Brunswick. This action                natural and other disasters.
                                                  165.T05–0287 Safety Zone, Pamlico River;                establishes safety zones in the event of
                                                  Washington, North Carolina                                                                                    C. Discussion of Rule
                                                                                                          natural or manmade disasters affecting
                                                    (a) Definitions. For the purposes of                  navigable waterways within the Marine                   The Coast Guard is establishing a
                                                  this section, Captain of the Port means                 Safety Unit Savannah Captain of the                   temporary safety zone throughout the
                                                  the Commander, Sector North Carolina.                   Port Zone.                                            Marine Safety Unit Savannah Captain of
                                                  Representative means any Coast Guard                                                                          the Port Zone. This action is necessary
                                                                                                          DATES: This rule is effective on June 1,
                                                  commissioned, warrant or petty officer                                                                        to consolidate, clarify, and otherwise
                                                                                                          2015.
                                                  who has been authorized to act on the                                                                         modify safety and security zone
                                                  behalf of the Captain of the Port.                      ADDRESSES: Documents mentioned in
                                                                                                                                                                regulations within the Ports of
                                                    (b) Location. The following area is a                 this preamble are part of docket USCG–
                                                                                                                                                                Savannah and Brunswick. This action
                                                  safety zone: specified waters of the                    2014–1017. To view documents
                                                                                                                                                                would establish a safety zone in the
                                                  Pamlico River within a 300 yard radius                  mentioned in this preamble as being
                                                                                                                                                                event of a disaster affecting navigable
                                                  of latitude 35°32′25″ N, longitude                      available in the docket, go to http://
                                                                                                                                                                waterways within the Marine Safety
                                                  077°03′42″ W in Washington, North                       www.regulations.gov, type the docket
                                                                                                                                                                Unit Savannah Captain of the Port Zone.
                                                  Carolina.                                               number in the ‘‘SEARCH’’ box and click                  Only one positive comment was
                                                    (c) Regulations. (1) In accordance with               ‘‘SEARCH.’’ Click on Open Docket                      received in support of the regulation. No
                                                  the general regulations in 165.23 of this               Folder on the line associated with this               changes were made in the rule making.
                                                  part, entry into or remaining in this                   rulemaking. You may also visit the
                                                  safety zone is prohibited unless                        Docket Management Facility in Room                    D. Regulatory Analyses
                                                  authorized by the Captain of the Port,                  W12–140 on the ground floor of the                      We developed this rule after
                                                  North Carolina or his designated                        Department of Transportation West                     considering numerous statutes and
                                                  representatives.                                        Building, 1200 New Jersey Avenue SE.,                 executive orders related to rulemaking.
                                                     (2) The Captain of the Port, North                   Washington, DC 20590, between 9 a.m.                  Below we summarize our analyses of
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Carolina or his designated                              and 5 p.m., Monday through Friday,                    these statutes or executive orders.
                                                  Representative can be reached at                        except Federal holidays.
                                                  telephone number (910) 343–3882.                        FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                                1. Regulatory Planning and Review
                                                     (3) The Coast Guard vessels enforcing                you have questions on this rule, call or                This rule is not a significant
                                                  the safety zone can be contacted on                     email Lieutenant Christopher D.                       regulatory action under section 3(f) of
                                                  VHF–FM marine band radio channel 13                     McElvaine, U.S. Coast Guard Marine                    Executive Order 12866, Regulatory
                                                  (165.65 Mhz) and channel 16 (156.8                      Safety Unit Savannah at (912) 652–4353                Planning and Review, and does not
                                                  Mhz).                                                   or email at Christopher.d.mcelvaine@                  require an assessment of potential costs


                                             VerDate Sep<11>2014   15:55 May 07, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\08MYR1.SGM   08MYR1


                                                  26446                  Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations

                                                  and benefits under section 6(a)(3) of that              4. Collection of Information                          11. Indian Tribal Governments
                                                  order. The Office of Management and
                                                                                                            This rule calls for no new collection                  This rule does not have tribal
                                                  Budget has not reviewed it under that
                                                                                                          of information under the Paperwork                    implications under Executive Order
                                                  Order. It is not ‘‘significant’’ under the
                                                                                                          Reduction Act of 1995 (44 U.S.C. 3501–                13175, Consultation and Coordination
                                                  regulatory policies and procedures of
                                                                                                          3520).                                                with Indian Tribal Governments,
                                                  the Department of Homeland Security
                                                  (DHS).                                                  5. Federalism                                         because it would not have a substantial
                                                    The regulations that are being added                                                                        direct effect on one or more Indian
                                                  are not expected to have a significant                     A rule has implications for federalism
                                                                                                                                                                tribes, on the relationship between the
                                                  regulatory impact due to the                            under Executive Order 13132,
                                                                                                          Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                                  infrequency of use for the safety zone.                                                                       or on the distribution of power and
                                                                                                          effect on State or local governments and
                                                  2. Impact of Small Entities                             would either preempt State law or                     responsibilities between the Federal
                                                                                                          impose a substantial direct cost of                   Government and Indian tribes.
                                                     The Regulatory Flexibility Act of 1980
                                                  (RFA), 5 U.S.C. 601–612, as amended,                    compliance on them. We have analyzed                  12. Energy Effects
                                                  requires federal agencies to consider the               this rule under that Order and have
                                                  potential impact regulations on small                   determined that this rule does not have                 This action is not a ‘‘significant
                                                  entities during rulemaking. The term                    implications for federalism.                          energy action’’ under Executive Order
                                                  ‘‘small entities’’ comprises small                      6. Protest Activities                                 13211, Actions Concerning Regulations
                                                  businesses, not-for-profit organizations                                                                      That Significantly Affect Energy Supply,
                                                  that are independently owned and                          The Coast Guard respects the First                  Distribution, or Use.
                                                  operated and are not dominant in their                  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
                                                                                                                                                                  This rule does not use technical
                                                  The Coast Guard received no comments                    INFORMATION CONTACT section to
                                                                                                                                                                standards. Therefore, we did not
                                                  from the Small Business Administration                  coordinate protest activities so that your
                                                                                                          message can be received without                       consider the use of voluntary consensus
                                                  on this rule. The Coast Guard certifies
                                                                                                          jeopardizing the safety or security of                standards.
                                                  under 5 U.S.C. 605(b) that this rule will
                                                  not have a significant economic impact                  people, places or vessels.                            14. Environment
                                                  on a substantial number of small                        7. Unfunded Mandates Reform Act
                                                  entities. This safety zone would not                                                                            We analyzed this rule under
                                                  have a significant impact on a                            The Unfunded Mandates Reform Act                    Department of Homeland Security
                                                  substantial number of small entities for                of 1995 (2 U.S.C. 1531–1538) requires                 Management Directive 023–01 and
                                                  the following reasons: The safety zone                  Federal agencies to assess the effects of             Commandant Instruction M16475.1D,
                                                  would be activated and subject to                       their discretionary regulatory actions. In            which guide the Coast Guard in
                                                  enforcement only during the event of                    particular, the Act addresses actions                 complying with the National
                                                  natural or other disasters.                             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
                                                  3. Assistance for Small Entities                        aggregate, or by the private sector of                have determined that this action is one
                                                     Under section 213(a) of the Small                    $100,000,000 (adjusted for inflation) or              of a category of actions that do not
                                                  Business Regulatory Enforcement                         more in any one year. Though this rule                individually or cumulatively have a
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 would not result in such expenditure,                 significant effect on the human
                                                  we want to assist small entities in                     we do discuss the effects of this rule
                                                                                                                                                                environment. This rule involves
                                                  understanding this rule. If the rule                    elsewhere in this preamble.
                                                                                                                                                                waterway use restrictions that would be
                                                  would affect your small business,
                                                  organization, or governmental                           8. Taking of Private Property                         otherwise published as a Temporary
                                                  jurisdiction and you have questions                       This rule will not cause a taking of                Final Rule within the Savannah Captain
                                                  concerning its provisions or options for                private property or otherwise have                    of the Port Zone. This rule is
                                                  compliance, please contact the person                   taking implications under Executive                   categorically excluded from further
                                                  listed in the FOR FUTHER INFORMATION                    Order 12630, Governmental Actions and                 review under paragraph 34(g) of Figure
                                                  CONTACT section above.                                  Interference with Constitutionally                    2–1 of the Commandant Instruction. An
                                                     Small businesses may send comments                   Protected Property Rights.                            environmental analysis checklist
                                                  on the actions of Federal employees                                                                           supporting this determination and a
                                                  who enforce, or otherwise determine                     9. Civil Justice Reform                               Categorical Exclusion Determination are
                                                  compliance with, Federal regulations to                   This rule meets applicable standards                available in the docket where indicated
                                                  the Small Business and Agriculture                      in sections 3(a) and 3(b)(2) of Executive             under ADDRESSES. We seek any
                                                  Regulatory Enforcement Ombudsman                        Order 12988, Civil Justice Reform, to                 comment or information that may lead
                                                  and the Regional Small Business                         minimize litigation, eliminate                        to the discovery of a significant
                                                  Regulatory Fairness Boards. The                         ambiguity, and reduce burden.                         environmental impact from the rule.
                                                  Ombudsman evaluates these actions
                                                                                                          10. Protection of Children                            List of Subjects in 33 CFR Part 165
                                                  annually and rates each agency’s
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  responsiveness to small business. If you                  We have analyzed this rule under                      Harbors, Marine safety, Navigation
                                                  wish to comment on actions by                           Executive Order 13045, Protection of                  (water), Reporting and recordkeeping
                                                  employees of the Coast Guard, call 1–                   Children from Environmental Health                    requirements, Security measures,
                                                  888–REG–FAIR (1–888–734–3247). The                      Risks and Safety Risks. This rule is not              Waterways.
                                                  Coast Guard will not retaliate against                  an economically significant rule and
                                                  small entities that question or complain                does not create an environmental risk to                For the reasons discussed in the
                                                  about this rule or any policy or action                 health or safety that may                             preamble, the Coast Guard amends 33
                                                  of the Coast Guard.                                     disproportionately affect children.                   CFR part 165 as follows:


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                                                                         Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations                                               26447

                                                  PART 165—REGULATED NAVIGATION                           be authorized to transit through the                  POSTAL SERVICE
                                                  AREAS AND LIMITED ACCESS AREAS                          regulated areas until Port Condition
                                                                                                          ZULU.                                                 39 CFR Part 20
                                                  ■ 1. The authority citation for part 165
                                                  continues to read as follows:                              (2) Hurricane Port Condition ZULU.                 International Mailing Services:
                                                                                                          All commercial, oceangoing vessels and                Approved Price Changes
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             barges over 500 GT are prohibited from
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     AGENCY:   Postal ServiceTM.
                                                  Department of Homeland Security Delegation
                                                                                                          entering the regulated areas designated
                                                                                                          as being in Port Condition ZULU;                      ACTION: Notice of approval of price
                                                  No. 0170.1.
                                                                                                          within 12 hours of anticipated landfall               changes for international mailing
                                                  ■   2. Add § 165.780 to read as follows:                                                                      services.
                                                                                                          of a tropical storm or hurricane; or upon
                                                  § 165.780 Safety Zone; Marine Safety Unit               the Coast Guard setting Port Condition
                                                                                                                                                                SUMMARY:    On Friday, January 23, 2015,
                                                  Savannah Safety Zone for Heavy Weather                  ZULU, unless written permission is                    the Postal Service published a notice in
                                                  and other Natural Disasters, Savannah                   obtained from the Captain of the Port.
                                                  Captain of the Port Zone, Savannah, GA.                                                                       the Federal Register of proposed price
                                                                                                          All ship-to-shore cargo operations must               adjustments to international mailing
                                                     (a) Regulated areas. The following                   cease six hours prior to setting Port                 services, to reflect a notice of price
                                                  areas are established as safety zones                   Condition Zulu.                                       adjustments that we filed with the
                                                  during the specified conditions:
                                                     (1) Savannah, GA. All waters within                     (3) Emergency Waterway Restriction                 Postal Regulatory Commission (PRC) on
                                                  the Port of Savannah, GA, encompassed                   for Other Disasters. Any natural or other             January 15, 2015. The PRC has found
                                                  within following locations: starting at                 disasters that are anticipated to affect              that price adjustments contained in the
                                                  the demarcation line drawn across the                   the COTP Savannah AOR will result in                  Postal Service’s notice may go into
                                                  seaward extremity of the Savannah                       the prohibition of commercial vessel                  effect on May 31, 2015. The Postal
                                                  River entrance, and encompassing all of                 traffic transiting or remaining in any of             Service will revise Notice 123, Price List
                                                  the waters of the Savannah River,                       the two regulated areas predicted to be               to reflect the new prices.
                                                  Savannah GA.                                            affected as designated by the COTP                    DATES: Effective: May 31, 2015.
                                                     (2) Brunswick, GA. All waters starting               Savannah.                                             FOR FURTHER INFORMATION CONTACT:
                                                  at the demarcation line drawn across the                   (4) Persons and vessels desiring to                Paula Rabkin at 202–268–2537.
                                                  seaward extremity of the Savannah                       enter, transit through, anchor in, or                 SUPPLEMENTARY INFORMATION:
                                                  River entrance, and encompassing all of                 remain in the regulated area may
                                                  the waters of the Brunswick River,                                                                            I. Proposed Rule and Response
                                                                                                          contact the Captain of the Port
                                                  Brunswick GA.                                                                                                    On January 15, 2015, the Postal
                                                     (3) All coordinates are North                        Savannah via telephone at (912)–247–
                                                                                                                                                                Service filed a notice of international
                                                  American Datum 1983.                                    0073, or a designated representative via
                                                                                                                                                                mailing services price adjustment with
                                                     (b) Definition. (1) The term                         VHF radio on channel 16, to request                   the PRC, effective on April 26, 2015. On
                                                  ‘‘designated representative’’ means                     authorization. If authorization to enter,             January 23, 2015, the USPSTM published
                                                  Coast Guard Patrol Commanders,                          transit through, anchor in, or remain in              a notice of proposed price changes in
                                                  including Coast Guard coxswains, petty                  the regulated area is granted by the                  the Federal Register entitled
                                                  officers, and other officers operating                  Captain of the Port Savannah or a                     ‘‘International Mailing Services:
                                                  Coast Guard vessels, and Federal, state,                designated representative, all persons                Proposed Price Changes’’ (80 FR 3536).
                                                  and local officers designated by or                     and vessels receiving such authorization              The notice included price changes that
                                                  assisting the Captain of the Port                       must comply with the instructions of                  we would adopt for products and
                                                  Savannah in the enforcement of the                      the Captain of the Port Savannah or a                 services covered by Mailing Standards
                                                  regulated area.                                         designated representative.                            of the United States Postal Service,
                                                     (2) Hurricane Port Condition                                                                               International Mail Manual (IMM®) and
                                                                                                             (5) Coast Guard Marine Safety Unit
                                                  YANKEE. Set when weather advisories                                                                           publish in Notice 123, Price List, on
                                                                                                          Savannah will attempt to notify the
                                                  indicate that sustained Gale Force                                                                            Postal Explorer® at pe.usps.com. We
                                                                                                          maritime community of periods during
                                                  winds from a tropical or hurricane force                                                                      received one comment, simply
                                                  storm are predicted to make landfall at                 which these safety zones will be in
                                                                                                          effect via Broadcast Notice to Mariners               requesting no price change.
                                                  the port within 24 hours.
                                                     (3) Hurricane Port Condition ZULU.                   or by on-scene designated                             II. Decision of the Postal Regulatory
                                                  Set when weather advisories indicate                    representatives.                                      Commission
                                                  that sustained Gale Force winds from a                     (6) The Coast Guard will provide                     As prescribed in the PRC’s Order
                                                  tropical or hurricane force storm are                   notice of the regulated area via                      No.2365, issued on February 24, 2015,
                                                  predicted to make landfall at the port                  Broadcast Notice to Mariners or by on-                Order No. 2388, issued on March 10,
                                                  within 12 hours.                                        scene designated representatives.                     2015, and Order No. 2461, issued on
                                                     (c) Regulations. (1) Hurricane Port                                                                        April 30, 2015, in Docket No. R2015–4,
                                                  Condition YANKEE. All commercial,                          (7) This regulation does not apply to
                                                                                                          authorized law enforcement agencies                   the PRC found that the prices in the
                                                  oceangoing vessels and barges over 500                                                                        Postal Service’s notice that was
                                                  GT are prohibited from entering the                     operating within the regulated area.
                                                                                                                                                                published on January 23, 2015, may go
                                                  regulated areas designated as being in                    Dated: April 28, 2015.                              into effect on May 31, 2015. The new
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Port Condition YANKEE; within 24                        O. Vazquez,                                           prices will accordingly be posted in
                                                  hours of anticipated landfall of gale                   Lieutenant Commander, U.S. Coast Guard,               Notice 123, on Postal Explorer at
                                                  force winds (39 mph) from tropical or                   Acting Captain of the Port Savannah.                  pe.usps.com.
                                                  hurricane force storm; or upon the Coast                [FR Doc. 2015–11177 Filed 5–7–15; 8:45 am]
                                                  Guard setting Port Condition YANKEE                                                                           Stanley F. Mires,
                                                                                                          BILLING CODE 9110–04–P                                Attorney, Federal Requirements.
                                                  for inbound ocean going commercial
                                                  vessel traffic over 500 GT. Oceangoing                                                                        [FR Doc. 2015–11068 Filed 5–7–15; 8:45 am]
                                                  commercial vessel traffic outbound will                                                                       BILLING CODE 7710–12–P




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Document Created: 2018-02-21 10:24:32
Document Modified: 2018-02-21 10:24:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on June 1, 2015.
ContactIf you have questions on this rule, call or email Lieutenant Christopher D. McElvaine, U.S. Coast Guard Marine Safety Unit Savannah at (912) 652-4353 or email at [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket operations, telephone 202-366-9826.
FR Citation80 FR 26445 
RIN Number1625-AA00 and 1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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