80 FR 42388 - Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA, Extension
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 137 (July 17, 2015)
Coast Guard
Federal Register Volume 80, Issue 137 (July 17, 2015)
| Page Range | 42388-42392 | |
| FR Document | 2015-17615 |
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)] [Rules and Regulations] [Pages 42388-42392] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17615] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0295] RIN 1625-AA00; 1625-AA11 Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA, Extension AGENCY: Coast Guard, DHS. [[Page 42389]] ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is extending the temporary safety zones and regulated navigation area that were previously established because the departure of several of the vessels associated with Royal Dutch Shell's (Shell) planned Arctic oil drilling and exploration operations have been delayed. The safety zones and regulated navigation area extended by this rule are necessary to ensure the mutual safety of all waterways users including the specified vessels and those individuals that desire to exercise their First Amendment rights. DATES: This rule is effective without actual notice from July 17, 2015 through July 31, 2015. For purposes of enforcement, the rule is effective with actual notice from July 1, 2015 through July 17, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket USCG-2015-0295. 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 Matthew Beck, Waterways Management Division, Coast Guard Sector Puget Sound; telephone (206) 217-6051, email [email protected]. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, 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 History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because publishing an NPRM would be impracticable since the regulation is immediately necessary to help ensure the safety of all waterway users including the specified vessels and those individuals that desire to exercise their First Amendment rights and holding a notice and comment period at this time would delay regulatory implementation beyond the departure of the last Shell contracted vessel and expected First Amendment activities regarding Shell's operations, thereby increasing the safety risk to all waterways users. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For reasons identical to those described above, delaying the effective date until 30 days after publication would be impracticable since the regulation is immediately necessary to help ensure the safety of all waterway users. B. Basis and Purpose The legal basis for this rule is the Coast Guard's authority to establish limited access areas: 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. Shell is planning Arctic oil drilling and exploration operations for the spring and summer of 2015. In preparation for those operations, it is staging a large number of vessels in the Puget Sound area. There has been a significant amount of First Amendment activity related to Shell's operations in the Puget Sound during the last month including the formation of a ``kayak flotilla'' used to exercise the participating individuals First Amendment rights regarding Shell's operations in the region. Among other activities, the ``kayak flotilla'' attempted to block the POLAR PIONEER's departure from Seattle, Washington. Also, Greenpeace International members conducted an unauthorized boarding of a Shell contracted vessel on the high seas. Draft restrictions, vessel maneuvering characteristics, and geographic/ environmental conditions may constrain the ability of large commercial vessels (the Shell-contracted vessels) to maneuver in close quarters with other vessels, particularly small craft piloted by recreational operators. Intentional close-in interaction of these vessels will create an increased risk of collision, grounding, or personal injury for all parties. Furthermore, while moored or at anchor the vessels will have ongoing operations occurring onboard, some of which could pose a safety risk to other maritime traffic. The myriad of potential safety risks to all parties and the port itself is best addressed by mandating a minimum zone of separation. For these reasons, the Coast Guard believes that safety zones around the Shell-contracted vessels are necessary to ensure the safety of all waterways users. Additionally, the Coast Guard believes that given the nature of the First Amendment activity expected and the likely type of vessels used by individuals desiring to express their First Amendment rights, namely kayaks and other small vessels, a regulated navigation area designating a Voluntary First Amendment Area is necessary to ensure the safety of those vessels and persons. The regulated navigation area encompassing the Voluntary First Amendment Area would do so by establishing it as a ``no wake'' area, which is particularly important for small boats such as kayaks, to better enable persons and vessels to congregate and exercise their First Amendment rights safely and without interference from or interfering with other maritime traffic. This rule is extending the rule established at 33 Code of Federal Regulations (CFR) Sec. 165.T13-289 as published in the Federal Register (80 FR 23445) due to the fact that the departure from the Puget Sound of several of the vessels associated with Shell's planned Arctic oil drilling and exploration operations have been delayed. C. Discussion of the Final Rule In this rule, the Coast Guard is extending the temporary safety zones and regulated navigation area established at 33 CFR 165.T13-289 as published in the Federal Register (80 FR 23445). The safety zones are established in subsection (a) of this temporary regulation. Per subsection (a)(1)(i), while transiting, the safety zone around each of the vessels will encompass all waters within 500 yards of the vessel in all directions. Per subsection (a)(1)(ii), while moored or anchored, the safety zone around each of the vessels will encompass all waters within 100 yards of the vessel in all directions. Persons and/or vessels that desire to enter these safety zones must request permission to [[Page 42390]] do so from the Captain of the Port, Puget Sound by contacting the Joint Harbor Operations Center at 206-217-6001, or the on-scene Law Enforcement patrol craft, if any, via VHF-FM CH 16. The Coast Guard is also establishing a regulated navigation area to ensure the safety of individuals that desire to exercise their First Amendment rights related to Shell's activities in subsection (b) of this regulation. The Voluntary First Amendment Area is being established in an area where we believe individuals will be able to effectively communicate their message, without posing an undue risk to maritime safety, after analyzing maritime traffic patterns and other environmental factors as well as meeting with some groups who have expressed a desire to exercise their First Amendment rights. The regulated navigation area encompassing the Voluntary First Amendment Area will ensure the safety of small boats by establishing it as a ``no wake'' area for persons and/or vessels to congregate and exercise their First Amendment rights safely and without interference from or interfering with other maritime traffic. The ``no wake'' provisions will ensure all interactions between vessels within the area occur at a low rate of speed, thereby reducing risk of collision and personal injury. Likewise, the designation of a Voluntary First Amendment Area will help to ensure that a large congregation of vessels does not impede or endanger other commercial and recreational users who are not associated with Shell's arctic drilling and exploration operations or the associated First Amendment activity. These provisions are particularly vital given the expected presence of the ``kayak flotilla'' described above. Persons or vessels desiring to exercise their First Amendment rights to free speech regarding Shell's Arctic drilling and exploration operations may enter the regulated navigation area at any time. All other persons or vessels are advised to avoid the regulated navigation area. When inside the regulated navigation area, all vessels must proceed at ``no wake'' speed and with due regard for all other persons and/or vessels inside the regulated navigation area. 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 rule is not a significant regulatory action as the safety zones and regulated navigation area are limited in both size and duration and any person and/or vessel needing to transit through the safety zones or regulated navigation area may be allowed to do so in accordance with the regulatory provisions. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit the affected waterways when the safety zones and regulated navigation areas are in effect. The safety zones and regulated navigation areas will not have a significant economic impact on a substantial number of small entities, however, because the safety zones and regulated navigation area are limited in both size and duration and any person and/or vessel needing to transit through the safety zones or regulated navigation area may be allowed to do so in accordance with the regulatory provisions. 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, 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. First Amendment Activities The Coast Guard respects the First Amendment rights of all individuals. This regulation establishes a regulated navigation area to create a Voluntary First Amendment Area so that persons and vessels can congregate and exercise their First Amendment free speech rights safely and without interference from or interfering with other maritime traffic. Of particular note, large vessels operating in restricted waters cannot maneuver freely, nor can they stop immediately. As such, any First Amendment activity taking place in immediate proximity to such vessels can quickly result in extremis. The Voluntary First Amendment Area has been located to allow individuals a meaningful opportunity to be heard. Individuals that desire to exercise their First Amendment rights are asked utilize the designated area to the extent possible, however, its use is voluntary. Individuals that desire to exercise their First Amendment rights outside the designated area are requested to contact the person listed in the FOR FURTHER [[Page 42391]] INTFORMATION CONTACT section to coordinate their activities so that their message can be heard, 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 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 the establishment of temporary safety zones and a regulated navigation area to deal with an emergency situation that is one week or longer in duration. 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. 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; 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.T13-289 to read as follows: Sec. 165.T13-289 Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA, Extension. (a) Safety Zones--(1) Location. The following areas are designated as safety zones: (i) All waters within 500 yards of the following vessels while transiting within the U.S. Territorial or Internal Waters of the Sector Puget Sound Captain of the Port Zone as defined in 33 CFR 3.65-10: NOBLE DISCOVERER, BLUE MARLIN, POLAR PIONEER, AIVIQ, FENNICA, NORDICA, ROSS CHOUEST, TOR VIKING, OCEAN WIND, OCEAN WAVE, HARVEY SISUAQ, HARVEY CHAMPION, HARVEY SUPPORTER, HARVEY EXPLORER, NANUQ, GUARDSMAN, KLAMATH, PT OLIKTOK, ARCTIC ENDEAVOR, CORBIN FOSS, ACS, ARCTIC CHALLENGER, ARCTIC SEAL, CROWLEY DIANA G, LAUREN FOSS, TUUQ, BARBARA FOSS, AMERICAN TRADER, and any other vessel actively engaged in towing or escorting those vessels. (ii) All waters within 100 yards of the following vessels while moored or anchored within the U.S. Territorial or Internal Waters of the Sector Puget Sound Captain of the Port Zone as defined in 33 CFR 3.65-10: NOBLE DISCOVERER, BLUE MARLIN, POLAR PIONEER, AIVIQ, FENNICA, NORDICA, ROSS CHOUEST, TOR VIKING, OCEAN WIND, OCEAN WAVE, HARVEY SISUAQ, HARVEY CHAMPION, HARVEY SUPPORTER, HARVEY EXPLORER, NANUQ, GUARDSMAN, KLAMATH, PT OLIKTOK, ARCTIC ENDEAVOR, CORBIN FOSS, ACS, ARCTIC CHALLENGER, ARCTIC SEAL, CROWLEY DIANA G, LAUREN FOSS, TUUQ, BARBARA FOSS, AMERICAN TRADER, and any other vessel actively engaged in towing or escorting the listed vessels. (2) Regulations. In accordance with the general regulations in 33 CFR part 165 Subpart C, no persons or vessels may enter these safety zones unless authorized by the Captain of the Port, Puget Sound or his designated representative. To request permission to enter one of these safety zones contact the Joint Harbor Operations Center at 206-217- 6001, or the on-scene Law Enforcement patrol craft, if any, via VHF-FM CH 16. If permission for entry into one of these safety zones is granted, vessels must proceed at a minimum speed for safe navigation. (b) Regulated navigation area--(1) Location. The following area is designated as a regulated navigation area: All waters of Elliot Bay encompassed by lines connecting the following points located between Seacrest Park and Terminal 5: 47[deg]35'20.47'' N, 122[deg]21'53.32'' W; thence south to 47[deg]35'11.54'' N, 122[deg]21'53.24'' W; thence west to 47[deg]35'11.47'' N, 122[deg]22'26.44'' W; thence north to 47[deg]35'20.47'' N, 122[deg]22'26.40'' W; thence back to the point of origin. (2) Regulations. In accordance with the general regulations in 33 CFR part 165 Subpart B, persons or vessels desiring to exercise their First Amendment right to free speech regarding Royal Dutch Shell's Arctic drilling and exploration operations may enter the regulated navigation area at any time. All other persons or vessels [[Page 42392]] are advised to avoid the regulated navigation area. When inside the regulated navigation area, all vessels must proceed at no wake speed and with due regard for all other persons and/or vessels inside the regulated navigation area. (c) Dates. This rule will be enforced from July 1, 2015 through July 31, 2015. Dated: June 29, 2015. R.T. Gromlich, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2015-17615 Filed 7-16-15; 8:45 am] BILLING CODE 9110-04-P
![42388 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations
13. Technical Standards (b) Regulation. No vessel may enter or annual events requiring safety zones in
This rule does not use technical remain in this safety zone except the the Captain of the Port Lake Michigan
standards. Therefore, we did not following: zone. This safety zone encompasses all
consider the use of voluntary consensus (1) An attending vessel; waters and adjacent shoreline of Lake
standards. (2) A vessel authorized by the Michigan and Chicago Harbor bounded
Commander, Eighth Coast Guard by a line drawn from 41°55.900′ N at the
14. Environment District or a designated representative. shoreline, then east to 41°55.900′ N,
We have analyzed this rule under Dated: June 3, 2015. 087°37.200′ W, then southeast to
Department of Homeland Security David R. Callahan,
41°54.000′ N, 087°36.000′ W, then
Management Directive 023–01 and southwestward to the northeast corner
Rear Admiral, U.S. Coast Guard, Commander,
Commandant Instruction M16475.lD, Eighth Coast Guard District.
of the Jardine Water Filtration Plant,
which guide the Coast Guard in then due west to the shore. This zone
[FR Doc. 2015–17620 Filed 7–16–15; 8:45 am]
complying with the National will be enforced on August 13, 2015,
BILLING CODE 4910–15–P
Environmental Policy Act of 1969 through August 18, 2015, from 8:30 a.m.
(NEPA) (42 U.S.C. 4321–4370f), and until 5:00 p.m. on each day.
have made a preliminary determination All vessels must obtain permission
DEPARTMENT OF HOMELAND
that this action is one of a category of from the Captain of the Port Lake
SECURITY
actions that do not individually or Michigan, or a designated on-scene
cumulatively have a significant effect on Coast Guard representative to enter, move within, or
the human environment. This rule exit this safety zone. Requests must be
involves the establishment of a safety 33 CFR Part 165 made in advance and approved by the
zone around an OCS Facility to protect Captain of the Port before transits will
[Docket No. USCG–2015–0530] be authorized. Approvals will be
life, property and the marine
environment. This rule is categorically RIN 1625–AA00 granted on a case by case basis. Vessels
excluded from further review under and persons granted permission to enter
paragraph 34(g) of Figure 2–1 of the Safety Zones; Annual Events the safety zone shall obey all lawful
Commandant Instruction. The Requiring Safety Zones in the Captain orders or directions of the Captain of the
environmental analysis checklist of the Port Lake Michigan Zone— Port Lake Michigan, or his or her on-
supporting this determination and Chicago Air and Water Show scene representative.
Categorical Exclusion Determination are This document is issued under
AGENCY: Coast Guard, DHS. authority of 33 CFR 165.929, Safety
available in the docket where indicated
under ADDRESSES. ACTION: Notice of enforcement of Zones; Annual events requiring safety
regulation. zones in the Captain of the Port Lake
List of Subjects in 33 CFR Part 147 Michigan zone, and 5 U.S.C. 552(a). In
Continental shelf, Marine safety, SUMMARY: The Coast Guard will enforce addition to this publication in the
Navigation (water). the safety zone for the Chicago Air and Federal Register, the Coast Guard will
Water Show on a portion of Lake provide the maritime community with
For the reasons discussed in the
Michigan, on August 13, 2015 through advance notification of this enforcement
preamble, the Coast Guard amends 33
August 18, 2015. This action is period via Broadcast Notice to Mariners
CFR part 147 as follows:
necessary and intended to ensure safety or Local Notice to Mariners. The
PART 147—SAFETY ZONES of life on the navigable waters of the Captain of the Port Lake Michigan, or a
United States immediately prior to, designated on-scene representative may
■ 1. The authority citation for part 147 during, and immediately after the air be contacted via VHF Channel 16 during
continues to read as follows: and water show. During the the event.
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; enforcement period listed below, the
Dated: June 16, 2015.
and Department of Homeland Security Coast Guard will enforce restrictions
upon, and control movement of, vessels A.B. Cocanour,
Delegation No. 0170.1.
in the safety zone. No person or vessel Captain, U.S. Coast Guard, Captain of the
■ 2. Add § 147.861 to read as follows: Port Lake Michigan.
may enter the safety zone while it is
being enforced without permission of [FR Doc. 2015–17614 Filed 7–16–15; 8:45 am]
§ 147.861 Interim Big Foot TLP
Construction Site safety zone. the Captain of the Port Lake Michigan. BILLING CODE 9110–04–P
(a) Description. The Big Foot Tension DATES: The regulations in 33 CFR
Leg Platform (TLP) construction site is 165.929 will be enforced for safety zone DEPARTMENT OF HOMELAND
in the deepwater area of the Gulf of (f)(10), Table 33 CFR 165.929, on August SECURITY
Mexico at Walker Ridge 29. The Big 13, 2015, through August 18, 2015, from
Foot TLP construction site outermost 8:30 a.m. until 5:00 p.m. on each day. Coast Guard
points are located at: FOR FURTHER INFORMATION CONTACT: If
NW Corner 26–56–18.85 N, 090–31– you have questions on this document, 33 CFR Part 165
26.44 W call or email LT Lindsay Cook, [Docket Number USCG–2015–0295]
NE Corner 26–56–18.85 N, 090–30– Waterways Management Division,
asabaliauskas on DSK5VPTVN1PROD with RULES
53.06 W Marine Safety Unit Chicago, at 630– RIN 1625–AA00; 1625–AA11
SE Corner 26–55–46.76 N, 090–30– 986–2155, email address D09–DG–
53.06 W MSUChicago-Waterways@uscg.mil. Safety Zones and Regulated
SW Corner 26–55–46.76 N, 090–31– Navigation Area; Shell Arctic Drilling/
SUPPLEMENTARY INFORMATION: The Coast
26.44 W, Exploration Vessels and Associated
Guard will enforce the Safety Zone;
Voluntary First Amendment Area,
and the area within 500 meters of the Chicago Air and Water Show listed as
Puget Sound, WA, Extension
construction site’s outermost points, is a item (f)(10) in Table 165.929 of 33 CFR
safety zone. 165.929. Section 165.929 lists many AGENCY: Coast Guard, DHS.
VerDate Sep<11>2014 17:58 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1](https://thefederalregister.org/doc/80_FR_42525/page/1.svg)
![42392 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations
are advised to avoid the regulated accurately, regardless of the postage § 501.2 Postage Evidencing System
navigation area. When inside the technology they elect to use. As Provider authorization.
regulated navigation area, all vessels automated solutions become available * * * * *
must proceed at no wake speed and for the various postage evidencing (d) Approval shall be based upon
with due regard for all other persons systems USPS will coordinate satisfactory evidence of the applicant’s
and/or vessels inside the regulated implementation plans with the parties integrity and financial responsibility,
navigation area. concerned. Current manual efforts commitment to comply with the Postal
(c) Dates. This rule will be enforced employed by the Postal Service to Service’s revenue assurance practices as
from July 1, 2015 through July 31, 2015. collect proper postage are costly and outlined in section 501.16, and a
Dated: June 29, 2015. inefficient. An automated approach will determination that disclosure to the
reduce costs and improve overall applicant of Postal Service customer,
R.T. Gromlich,
recovery efforts. The costs of program financial, or other data of a commercial
Rear Admiral, U.S. Coast Guard, Commander, nature necessary to perform the function
administration will be acknowledged
Thirteenth Coast Guard District.
and considered as the USPS establishes for which approval is sought would be
[FR Doc. 2015–17615 Filed 7–16–15; 8:45 am] appropriate and consistent with good
operative recovery thresholds and
BILLING CODE 9110–04–P certain other program related business business practices within the meaning
rules. Account suspension, however, is of 39 U.S.C. 410(c)(2). The Postal
already specifically addressed in postal Service may condition its approval
POSTAL SERVICE regulations not modified by this upon the applicant’s agreement to
proposal (see, 39 CFR 501.6), and we see undertakings that would give the Postal
39 CFR Part 501 no current need for further clarifications Service appropriate assurance of the
in these regulations. We further believe applicant’s ability to meet its obligations
Revisions to the Requirements for under this section, including but not
that the proposed rule as written (in
Authority To Manufacture and limited to the method and manner of
conjunction with current 39 CFR 501.11
Distribute Postage Evidencing performing certain financial, security,
and 501.12) appropriately discusses PC
Systems and servicing functions and the need to
Postage provider participation in the
AGENCY: Postal ServiceTM. dispute process. The Postal Service is maintain sufficient financial reserves to
ACTION: Final rule. working diligently to ensure the quality guarantee uninterrupted performance of
and accuracy of postage evidencing data not less than 3 months of operation.
SUMMARY: The Postal Service is revising using automated process controls, and * * * * *
the rules concerning authorization to may elect to make such adjustments to ■ 4. In § 501.16 add paragraph (i) to read
manufacture and distribute postage our rules in the future as are required to as follows:
evidencing systems to reflect new achieve that end. At this time, however,
revenue assurance practices. we believe it is appropriate to publish § 501.16 PC postage payment
this final rule. methodology.
DATES: Effective: July 17, 2015.
* * * * *
FOR FURTHER INFORMATION CONTACT: List of Subjects in 39 CFR Part 501 (i) Revenue Assurance. To operate PC
Marlo Kay Ivey, Business Systems Postage systems, the provider must
Administrative practice and
Analyst, Payment Technology, U.S. support business practices to assure
procedure.
Postal Service, (202) 268–7613 Accordingly, for the reasons stated, 39 Postal Service revenue and accurate
SUPPLEMENTARY INFORMATION: On April CFR part 501 is amended as follows: payment from customers. Specifically,
23, 2015, the United States Postal the provider is required to notify the
Service published a proposed rule to PART 501—AUTHORIZATION TO customer and adjust the balance in the
amend 39 CFR part 501 to support the MANUFACTURE AND DISTRIBUTE postage evidencing system or otherwise
automated revenue assurance program POSTAGE EVIDENCING SYSTEMS facilitate postage corrections to address
currently in development. (See, 80 FR any postage discrepancies as directed by
22661). Comments were received from ■ 1. The authority citation for 39 CFR the Postal Service, subject to the
two industry stakeholders. The first part 501 continues to read as follows: applicable notification periods and
comment generally supported the Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, dispute mechanisms available to
proposed rule as written. The second 401, 403, 404, 410, 2601, 2605, Inspector customers for these corrections. The
comment suggested that the proposed General Act of 1978, as amended (Pub. L. 95– Postal Service will supply the provider
rule should be clarified to apply only to 452, as amended); 5 U.S.C. App. 3.
with the necessary detail to justify the
PC Postage systems, and not postage ■ 2. In § 501.1, revise paragraph (g) to correction and amount of the postage
meters. Further, it suggested that the read as follows: correction to be used in the adjustment
proposal inadequately addressed the process. The provider must supply
cost burden that would be imposed on § 501.1 Definitions. customers with visibility into the
PC Postage providers, and should * * * * * identified postage correction, facilitate a
provide additional detail regarding (g) A customer is a person or entity payment adjustment from the customer
account suspension processes, authorized by the Postal Service to use in the amount equivalent to the
adjustments for overpayment of postage, a Postage Evidencing System as an end identified postage discrepancies to the
and the role of the PC Postage provider user in accordance with Mailing extent possible, and enable customers to
asabaliauskas on DSK5VPTVN1PROD with RULES
in the dispute resolution process. Standards of the United States Postal submit electronic disputes of such
The Postal Service believes that the Service, Domestic Mail Manual (DMM), postage discrepancies to the Postal
rule as proposed is appropriately including 604 Postage Payment Methods Service. Further if the Customer does
written to encompass all postage and Refunds, 4.0 Postage Meters and PC not have funds sufficient to cover the
evidencing systems. While initial Postage Products (Postage Evidencing amount of the discrepancies or the
automated collection efforts will be Systems). postage discrepancies have not been
facilitated by PC Postage vendors, all ■ 3. In § 501.2, revise paragraph (d) to resolved, the provider may be required
customers should pay postage read as follows: to temporarily suspend or permanently
VerDate Sep<11>2014 17:58 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1](https://thefederalregister.org/doc/80_FR_42525/page/5.svg)
Document Created: 2018-02-23 09:21:13
Document Modified: 2018-02-23 09:21:13
| 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 | Temporary final rule. | |
| Dates | This rule is effective without actual notice from July 17, 2015 through July 31, 2015. For purposes of enforcement, the rule is effective with actual notice from July 1, 2015 through July 17, 2015. | |
| Contact | If you have questions on this rule, call or email Lieutenant Matthew Beck, Waterways Management Division, Coast Guard Sector Puget Sound; telephone (206) 217-6051, email [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 42388 | |
| RIN Number | 1625-AA00 and 1625-AA11 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR