82 FR 21742 - Safety Zone; Hurricanes and Other Disasters in South Florida
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 89 (May 10, 2017)
Coast Guard
Federal Register Volume 82, Issue 89 (May 10, 2017)
| Page Range | 21742-21745 | |
| FR Document | 2017-09476 |
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)] [Proposed Rules] [Pages 21742-21745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09476] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-1067] RIN 1625-AA00 Safety Zone; Hurricanes and Other Disasters in South Florida AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a safety zone within the Sector Miami Captain of the Port Zone. This [[Page 21743]] action is necessary to provide for the safety of persons and vessels in the event of reduced or restricted visibility due to hurricanes and other disasters. This action is intended to restrict port operations in the event of hurricanes and other disasters. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 9, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-1067 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Petty Officer Mara Brown, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone 305- 535-4317, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port Miami (COTP) has determined that the hazards associated with the reduced or restricted visibility which can occur during hurricanes and other disasters constitute a safety concern for anyone within the proposed safety zone. The purpose of the proposed rule is to ensure the safety of life on navigable waters of the United States by restricting port operations in the event of severe weather conditions or disasters, including hurricanes. III. Discussion of Proposed Rule The Coast Guard proposes to establish a safety zone on the navigable waters of the Sector Miami COTP zone during disasters and other specified severe weather conditions. This proposed rule would restrict port operations and vessel traffic during disasters and severe weather, to include hurricanes, when certain port conditions are set by the COTP. The proposed rule would give the COTP flexibility in controlling and reconstituting vessel traffic during periods of heavy weather and allows for expediting resumption of the Maritime Transportation System following disasters and severe weather. Hurricane Port Conditions (WHISKEY, X-RAY, YANKEE, and ZULU) are standardized states of operation instituted by the COTP and shared with all major ports, facilities, and members of the Maritime Transportation System. The intermodal and dynamic nature of the Maritime Transportation System requires all parties to comply with safety and security procedures when faced with the challenges of hurricanes and other disasters. Notice of Hurricane Port Conditions and their requirements will be given via Marine Safety Information Bulletins, online at http://homeport.uscg.mil/miami, Broadcast Notice to Mariners, and Severe Weather Advisory Team meetings. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See the OMB Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). We expect the economic impact of this proposed rule to be not significant for the following reasons: (1) Vessel traffic and facilities will be impacted by this rule only during limited times while heavy weather is expected to impact the Sector Miami Captain of the Port Zone; (2) vessel traffic would be secured only during port conditions Yankee and Zulu, and only in port areas potentially affected by gale force winds; and (3) the Coast Guard would issue updates on http://homeport.uscg.mil/miami, VHF channel 16, and during Severe Weather Advisory Team meetings. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this [[Page 21744]] proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves safety zones implemented during hurricanes or other heavy weather events. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary Record of Consideration (REC) supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 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. 165.785 to read as follows: Sec. 165.785 Safety Zone; Hurricanes and Other Disasters in South Florida. (a) Regulated Areas. All navigable waters, as defined in 33 CFR 2.36, within the Captain of the Port Zone, Miami Florida, as described in 33 CFR 3.35-10, during specified conditions. (b) Definitions. (1) The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Miami, in the enforcement of the regulated areas. (2) Port Condition WHISKEY means condition set by the Captain of the Port when weather advisories indicate sustained gale force winds (39-54 mph/34-47 knots) from a tropical or hurricane force storm are predicted to make landfall at the port within 72 hours. (3) Port Condition X-RAY means condition set by the Captain of the Port when weather advisories indicate sustained gale force winds (39-54 mph/34-47 knots) from a tropical or hurricane force storm are predicted to make landfall at the port within 48 hours. (4) Port Condition YANKEE means condition set by the Captain of the Port when weather advisories indicate that sustained gale force winds (39-54 mph/34-47 knots) from a tropical or hurricane force storm are predicted to make landfall at the port within 24 hours. (5) Port Condition ZULU means condition set by the Captain of the Port when weather advisories indicate that [[Page 21745]] sustained gale force winds (39-54 mph/34-47 knots) from a tropical or hurricane force storm are predicted to make landfall at the port within 12 hours. (c) Regulations.--(1) Port Condition WHISKEY. All vessel and port facilities must exercise due diligence in preparation for potential storm impacts. Slow-moving vessels may be ordered to depart to ensure safe avoidance of the incoming storm upon the anticipation of the setting of Port Condition X-RAY. Ports and waterfront facilities shall begin removing all debris and securing potential flying hazards. Container stacking plans shall be implemented. Waterfront facilities that are unable to reduce container stacking height to no more than four high must submit a container stacking protocol to the Captain of the Port (COTP). (2) Port Condition X-RAY. All vessels and port facilities shall ensure that potential flying debris is removed or secured. Hazardous materials/pollution hazards must be secured in a safe manner and away from waterfront areas. Facilities shall continue to implement container stacking protocol. Containers must not exceed four tiers, unless previously approved by the COTP. Containers carrying hazardous materials may not be stacked above the second tier. All oceangoing commercial vessels greater than 500-gross tons must prepare to depart ports and anchorages within the affected regulated area. These vessels shall depart immediately upon the setting of Port Condition YANKEE. During this condition, slow-moving vessels may be ordered to depart to ensure safe avoidance of the incoming storm. Vessels that are unable to depart the port must contact the COTP to request and receive permission to remain in port. Vessels with COTP's permission to remain in port must implement their pre-approved mooring arrangement. Terminal operators shall prepare to terminate all cargo operations. The COTP may require additional precautions to ensure the safety of the ports and waterways. (3) Port Condition YANKEE. Affected ports are closed to inbound vessel traffic. All oceangoing commercial vessels greater than 500- gross tons must have departed designated ports within the Sector Miami Captain of the Port Zone. Appropriate container stacking protocol must be completed. Terminal operators must terminate all cargo operations not associated with storm preparations: Cargo operations associated with storm preparations include moving cargo within or off the port for securing purposes, crane and other port/facility equipment preparations, and similar activities, but do not include moving cargo onto the port or vessel loading/discharging operations unless specifically authorized by the COTP. All facilities shall continue to operate in accordance with approved Facility Security Plans and comply with the requirements of the Maritime Transportation Security Act (MTSA). (4) Port Condition ZULU. All port waterfront operations are suspended, except final preparations that are expressly permitted by the COTP as necessary to ensure the safety of the ports and facilities. Coast Guard Port Assessment Teams will conduct final port assessments. (5) Emergency Restrictions for Other Disasters. Any natural or other disasters that are anticipated to affect the Sector Miami Captain of the Port zone will result in the prohibition of commercial vessel traffic transiting or remaining in the port or facility operations. Dated: April 11, 2017. J.H. D. Solomon, Captain, U.S. Coast Guard, Acting Captain of the Port Miami. [FR Doc. 2017-09476 Filed 5-9-17; 8:45 am] BILLING CODE 9110-04-P
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Proposed Rules Federal Register
Vol. 82, No. 89
Wednesday, May 10, 2017
This section of the FEDERAL REGISTER So., Ag Stop 0268, Washington, DC and mammalian living conditions. The
contains notices to the public of the proposed 20250–0268. FR finalizes a proposed rule that AMS
issuance of rules and regulations. The Instructions: All submissions received published in the Federal Register on
purpose of these notices is to give interested must include the docket number AMS– April 13, 2016, 81 FR 21955.
persons an opportunity to participate in the NOP–17–0031; NOP–15–06A, and/or
rule making prior to the adoption of the final Actions Being Considered
Regulatory Information Number (RIN)
rules.
0581–AD74 for this rulemaking. Your Because there are significant policy
comments should clearly indicate and legal issues addressed within the
DEPARTMENT OF AGRICULTURE whether or not you support an option FR that warrant further review by
presented in this proposed rule. You USDA, the public is being asked to
Agricultural Marketing Service should clearly indicate the reason(s) for comment on which of the following four
the stated position. All comments actions they believe would be best for
7 CFR Part 205 received and any relevant background USDA to take with regard to the
documents will be posted without disposition of the FR. Specifically, the
[Document Number AMS–NOP–17–0031; public should submit their comments
NOP–15–06A] change to http://www.regulations.gov.
Document: For access to the on the following options:
RIN 0581–AD74 document and to read background (1) Let the rule become effective. This
documents or comments received, go to means that the rule would become
National Organic Program (NOP); http://www.regulations.gov. Comments effective on November 14, 2017.
Organic Livestock and Poultry submitted in response to this proposed (2) Suspend the rule indefinitely.
Practices Second Proposed Rule rule will also be available for viewing in During the suspension, USDA could
AGENCY: Agricultural Marketing Service, person at USDA–AMS, National Organic consider whether to implement, modify
USDA. Program, Room 2642–South Building, or withdraw the final rule.
1400 Independence Ave. SW., (3) Delay the effective date of the rule
ACTION: Proposed rule.
Washington, DC, from 9 a.m. to 12 noon further, beyond the effective date of
SUMMARY: This proposed rule sets forth and from 1 p.m. to 4 p.m., Monday November 14, 2017.
the U.S. Department of Agriculture’s through Friday (except official Federal (4) Withdraw the rule so that USDA
(USDA) intention to pursue one of holidays). Persons wanting to visit the would not pursue implementation of the
several actions on the Organic Livestock USDA South Building to view rule.
and Poultry Practices Final Rule (FR) comments received in response to this Notice Delaying IFR Effective Date
published in the Federal Register on proposed rule are requested to make an
January 19, 2017, by USDA’s Concurrent with this proposed rule,
appointment in advance by calling (202)
Agricultural Marketing Service (AMS). AMS is publishing in the Federal
720–3252.
USDA is asking the public to comment Register a notice extending the effective
FOR FURTHER INFORMATION CONTACT: Paul
on the possible actions USDA should date of the FR by 180 days until
Lewis, Ph.D., Director, Standards November 14, 2017.
take in regards to the disposition of the Division, Telephone: (202) 702–3252;
FR. The FR amends the organic Fax: (202) 720–7808. Dated: May 4, 2017.
livestock and poultry production SUPPLEMENTARY INFORMATION: Bruce Summers,
requirements in the USDA organic Acting Administrator, Agricultural Marketing
regulations by adding new provisions Background Service.
for livestock handling and transport for Consistent with the memorandum of [FR Doc. 2017–09410 Filed 5–9–17; 8:45 a.m.]
slaughter and avian living conditions; January 20, 2017, to the heads of BILLING CODE 3410–02–P
and expands and clarifies existing executive departments and agencies
requirements covering livestock care from the Assistant to the President and
and production practices and Chief of Staff entitled ‘‘Regulatory DEPARTMENT OF HOMELAND
mammalian living conditions. The FR Freeze Pending Review,’’ AMS SECURITY
was originally set to take effect on published in the Federal Register [82
March 20, 2017, and is now being FR 9967] a notice that delayed the Coast Guard
extended to November 14, 2017. effective date of the FR until May 19,
DATES: Interested persons are invited to 2017. Along with this proposed rule, 33 CFR Part 165
submit written comments on this AMS is also publishing a Notice in the [Docket Number USCG–2016–1067]
proposed rule on or before June 9, 2017. Federal Register that further delays the
ADDRESSES: We invite you to submit effective date of the FR until November RIN 1625–AA00
comments on the proposed rule by any 14, 2017.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
The FR amends the organic livestock Safety Zone; Hurricanes and Other
of the following methods:
• Federal eRulemaking Portal: http:// and poultry production requirements of Disasters in South Florida
www.regulations.gov. Follow the the USDA organic regulations by adding AGENCY: Coast Guard, DHS.
instructions for submitting comments. new provisions for livestock handling ACTION: Notice of proposed rulemaking.
• Mail: Paul Lewis Ph.D., Director, and transport for slaughter and avian
Standards Division, National Organic living conditions; and expands and SUMMARY: The Coast Guard proposes to
Program, USDA–AMS–NOP, 1400 clarifies existing requirements covering establish a safety zone within the Sector
Independence Ave. SW., Room 2642– livestock care and production practices Miami Captain of the Port Zone. This
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![Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Proposed Rules 21745
sustained gale force winds (39–54 mph/ preparations, and similar activities, but ADDRESSES: You may submit comments
34–47 knots) from a tropical or do not include moving cargo onto the identified by docket number USCG–
hurricane force storm are predicted to port or vessel loading/discharging 2017–0275 using the Federal
make landfall at the port within 12 operations unless specifically eRulemaking Portal at http://
hours. authorized by the COTP. All facilities www.regulations.gov. See the ‘‘Public
(c) Regulations.—(1) Port Condition shall continue to operate in accordance Participation and Request for
WHISKEY. All vessel and port facilities with approved Facility Security Plans Comments’’ portion of the
must exercise due diligence in and comply with the requirements of SUPPLEMENTARY INFORMATION section for
preparation for potential storm impacts. the Maritime Transportation Security further instructions on submitting
Slow-moving vessels may be ordered to Act (MTSA). comments.
depart to ensure safe avoidance of the (4) Port Condition ZULU. All port FOR FURTHER INFORMATION CONTACT: If
incoming storm upon the anticipation of waterfront operations are suspended, you have questions about this proposed
the setting of Port Condition X–RAY. except final preparations that are rulemaking, call or email LT Michael
Ports and waterfront facilities shall expressly permitted by the COTP as Collet, Chief of Waterways Management,
begin removing all debris and securing necessary to ensure the safety of the U.S. Coast Guard Sector Buffalo;
potential flying hazards. Container ports and facilities. Coast Guard Port telephone 716–843–9322, email
stacking plans shall be implemented. Assessment Teams will conduct final
Waterfront facilities that are unable to SectorBuffaloMarineSafety@uscg.mil.
port assessments.
reduce container stacking height to no SUPPLEMENTARY INFORMATION:
(5) Emergency Restrictions for Other
more than four high must submit a Disasters. Any natural or other disasters I. Table of Abbreviations
container stacking protocol to the that are anticipated to affect the Sector
Captain of the Port (COTP). CFR Code of Federal Regulations
Miami Captain of the Port zone will COTP Captain of the Port
(2) Port Condition X–RAY. All vessels result in the prohibition of commercial DHS Department of Homeland Security
and port facilities shall ensure that vessel traffic transiting or remaining in FR Federal Register
potential flying debris is removed or the port or facility operations. NPRM Notice of proposed rulemaking
secured. Hazardous materials/pollution § Section
Dated: April 11, 2017.
hazards must be secured in a safe U.S.C. United States Code
manner and away from waterfront areas. J.H. D. Solomon,
Facilities shall continue to implement Captain, U.S. Coast Guard, Acting Captain II. Background, Purpose, and Legal
container stacking protocol. Containers of the Port Miami. Basis
must not exceed four tiers, unless [FR Doc. 2017–09476 Filed 5–9–17; 8:45 am] On December 08, 2016, the Hope
previously approved by the COTP. BILLING CODE 9110–04–P Chest Buffalo (Lumanina Crop) notified
Containers carrying hazardous materials the Coast Guard that it will be
may not be stacked above the second conducting a series of dragon boat races
tier. All oceangoing commercial vessels DEPARTMENT OF HOMELAND from 8 a.m. to 5 p.m. on June 17, 2017.
greater than 500-gross tons must prepare SECURITY The dragon boat races are to take place
to depart ports and anchorages within in the Buffalo River behind the Buffalo
the affected regulated area. These Coast Guard River Works restaurant in a 300 meter
vessels shall depart immediately upon long course consisting of 4 lanes, each
the setting of Port Condition YANKEE. 33 CFR Part 165 10 meters wide in Buffalo, NY. The
During this condition, slow-moving [Docket Number USCG–2017–0275] Captain of the Port Buffalo (COTP) has
vessels may be ordered to depart to determined that a boating race event on
RIN 1625–AA00
ensure safe avoidance of the incoming a navigable waterway will pose a
storm. Vessels that are unable to depart Safety Zone; Hope Chest Buffalo significant risk to participants and the
the port must contact the COTP to Niagara Dragon Boat Festival, Buffalo boating public.
request and receive permission to River, Buffalo, NY The purpose of this rulemaking is to
remain in port. Vessels with COTP’s ensure the safety of vessels and the
permission to remain in port must AGENCY: Coast Guard, DHS. navigable waters within the race course
implement their pre-approved mooring ACTION: Notice of proposed rulemaking. during heats of the scheduled event.
arrangement. Terminal operators shall Vessel traffic will be allowed to pass
prepare to terminate all cargo SUMMARY: The Coast Guard proposes to through the safety zone between heats.
operations. The COTP may require establish a temporary safety zone for The Coast Guard proposes this
additional precautions to ensure the certain waters of the Buffalo River. This rulemaking under authority in 33 U.S.C.
safety of the ports and waterways. action is necessary to provide for the 1231.
(3) Port Condition YANKEE. Affected safety of life on these navigable waters
ports are closed to inbound vessel near Buffalo River Works, Buffalo, NY, III. Discussion of Proposed Rule
traffic. All oceangoing commercial during the Hope Chest Buffalo Niagara The COTP proposes to establish a
vessels greater than 500-gross tons must Dragon Boat Festival on June 17, 2017, safety zone from 7:45 a.m. to 5:15 p.m.
have departed designated ports within which includes boat races. This on June 17, 2017, that would be
the Sector Miami Captain of the Port proposed rulemaking would prohibit effective and enforced intermittently.
Zone. Appropriate container stacking persons and vessels from passing The safety zone would cover all
jstallworth on DSK7TPTVN1PROD with PROPOSALS
protocol must be completed. Terminal through the safety zone during race navigable waters of the Buffalo River;
operators must terminate all cargo heats unless authorized by the Captain Buffalo, NY starting at position 42° 52′
operations not associated with storm of the Port Buffalo or a designated 12.60″ N. and 078° 52′ 17.64″ W. then
preparations: Cargo operations representative. We invite your Southeast to 42° 52′ 3.17″ N. and 078°
associated with storm preparations comments on this proposed rulemaking. 52′ 12.43″ W. then East to 42° 52′ 3.68″
include moving cargo within or off the DATES: Comments and related material N. and 078° 52′ 10.35″ W. then
port for securing purposes, crane and must be received by the Coast Guard on Northwest to 42° 52′ 13.41″ N. and 078°
other port/facility equipment or before May 30, 2017. 52’ 16.57″ W. then returning to the point
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Document Created: 2017-05-10 00:00:47
Document Modified: 2017-05-10 00:00:47
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before June 9, 2017. | |
| Contact | If you have questions about this proposed rulemaking, call or email Petty Officer Mara Brown, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone 305- 535-4317, email [email protected] | |
| FR Citation | 82 FR 21742 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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