[Federal Register Volume 79, Number 117 (Wednesday, June 18, 2014)]
[Proposed Rules]
[Pages 34674-34677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14176]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety and Security Zones, Jacksonville Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify several aspects of the 
safety and security zones within the Sector Jacksonville Captain of the 
Port Zone. This action is necessary to consolidate, clarify, and 
otherwise modify safety and security zone regulations to eliminate 
unnecessary regulations and better meet the safety and security needs 
of the Ports of Jacksonville, Fernandina, and Canaveral. This action 
would modify existing safety and security zones; establish safety zones 
governing port closures in the event of a natural and other disasters; 
and remove safety and security zones.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 9, 2014.
    A public meeting will be held on June 23, 2014 at 10 a.m. at USCG 
Sector Jacksonville and on June 25, 2014 at 10:30 a.m. at Inter-Agency 
Maritime Operations Center in Cape Canaveral, FL.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Commander Alisa Praskovich, Sector Jacksonville 
Prevention Department, Coast Guard; telephone (904) 564-7549, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0152] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may

[[Page 34675]]

change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0152) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

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

4. Public Meeting

    A public meeting will be held on June 23, 2014 at 10 a.m. at USCG 
Sector Jacksonville and on June 25, 2014 at 10:30 a.m. at Inter-Agency 
Maritime Operations Center in Cape Canaveral, FL. We plan to post the 
minutes of the meetings in the docket. For information on facilities or 
services for individuals with disabilities or to request special 
assistance at the public meeting, contact the person named in the FOR 
FURTHER INFORMATION CONTACT section, above.

B. Regulatory History and Information

    In 1994, the Coast Guard published a safety zone around firework 
barges between the Hart and Acosta Bridges within the Port of 
Jacksonville. As of 2008, there are 22 special local regulations listed 
under 33 CFR 100.701, which establish a 500-yard regulated area around 
various barges for firework display events. This regulatory change will 
revise the current regulations to add safety zone regulations regarding 
natural and other disasters port closures, as well as safety zones for 
all fire work displays.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of these regulations are to ensure the safety of life 
on navigable waters of the United States through the addition of 
regulations regarding port closures in the event of natural and other 
disasters and safety zones for firework barges.

D. Discussion of Proposed Rule

    The Coast proposes to make the following regulatory changes: (1) 
The disestablishment of the existing Safety/Security Zone: St. Johns 
River, Jacksonville, FL located in 33 CFR 165.720, (2) the creation of 
a new Safety Zone; Natural and Other Disasters in Ports of 
Jacksonville, Fernandina, and Canaveral, Florida to be located in 33 
CFR 165.720, (3) and the addition of a new safety zone entitled 
``Safety Zone: St. Johns River, Jacksonville, FL'' to be located in 33 
CFR 165.723.
    The existing Safety/Security Zone: St. Johns River, Jacksonville, 
FL (33 CFR 165.721) establishes safety and security zones around the 
waters of Blount Island, Jacksonville, FL under specified conditions. 
The fundamental reason for this safety/security zone still exists, 
however the regulation is redundant in nature. Under the authority of 
the Army Corps of Engineers, restricted areas were subsequently 
established in 2008. For further details, see Blount Island Command and 
Marine Corps Support Facility--Blount Island; Jacksonville, Florida 
restricted areas (33 CFR 334.515).
    The proposed new safety zone, entitled ``Safety Zone; Natural and 
Other Disasters in Ports of Jacksonville, Fernandina, and Canaveral, 
Florida'' (33 CFR 165.720) would be added to provide the legal 
jurisdiction to close ports affected by natural and other disasters. In 
the past, temporary regulations regarding port closures have been 
published after natural and other disasters; however, publishing this 
notice in a permanent regulation provides better advance notice to the 
public regarding when port closures should be expected to occur, and 
would only require publication of a Notice of Enforcement during the 
storm itself, increasing efficiency and reducing the workload to the 
Coast Guard. There will be no change in the manner in which the public 
is notified by the Coast Guard of a port closure.
    The proposed new safety zone, entitled ``Safety Zone: St. Johns 
River, Jacksonville, FL'' (33 CFR 165.723) would establish a safety 
zone around fireworks barges only between the Hart and Acosta Bridges. 
An additional regulation to encompass the Jacksonville Captain of the 
Port Zone will allow for a safety zone to be established around certain 
vessels and firework barges that pose a higher risk of injury to people 
or property without necessitating publication of a Temporary Final Rule 
for each individual event, which are often done with minimal notice to 
the public.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This regulation is not significant regulatory action because most 
of the proposed regulations already exist in some form; such as natural 
and other disasters safety zones as a temporary final rule for each 
individual natural or other disasters and special local regulations for 
firework displays. The regulations that are being added are not 
expected to have a significant regulatory action due to the infrequency 
of use for the safety zones around firework barges. The removal of the 
safety and security zone for Blount Island would have no effect as the 
Restricted Area set in place by the Army Corps of Engineers will remain 
in effect.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.

[[Page 34676]]

    For the reasons discussed in the Regulatory Planning and Review 
section above, the proposed rule will not have a significant economic 
impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
disestablishing of a safety and security zone, addition of port 
closures that would be otherwise published as a Temporary Final Rule, 
and addition of a safety zone to include all firework barge displays 
within the Jacksonville Captain of the Port Zone. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Revise Sec.  165.720 to read as follows:


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

    (a) Regulated Areas. The following areas are established as safety 
zones during the specified conditions:
    (1) Fernandina, FL. All waters within the Cumberland Sound and 
Amelia River encompassed within an imaginary line connecting the 
following locations: Starting at the demarcation line drawn across the 
seaward extremity of the St. Marys River Entrance Jetties; thence 
following the shoreline north to Stafford Island; thence north to Point 
1 in position 30[deg]50'00'' N, 81[deg]29'10'' W;

[[Page 34677]]

thence west to Point 2 in position 30[deg]50'00'' N, 81[deg]30'47'' W; 
thence southwest to Kings Bay in position 30[deg]48'42'' N, 
81[deg]3'27'' W; thence south following the shoreline south to point 3 
in position 30[deg]40'30'' N, 81[deg]28'38'' W; thence southwest to R 
``18'' at Point 4 30[deg]39'57'' N, 81[deg]29'04'' W; thence southeast 
to Point 5 30[deg]39'48'' N, 81[deg]28'57'' W; thence following the 
shoreline northeast back to origin. All coordinates are North American 
Datum 1983.
    (2) Jacksonville, FL. All waters within the Port of Jacksonville, 
FL encompassed within following locations: Starting at the demarcation 
line drawn across the seaward extremity of the St. Johns River Entrance 
Jetties, thence following the northern riverbank west to the Sister's 
Creek Bridge, thence following the riverbank west to the Interstate 95 
Trout River Bridge, thence following the riverbank south to the Henry H 
Buckman Bridge, thence following the eastern riverbank back to origin. 
All coordinates are North American Datum 1983.
    (3) Canaveral, FL. All waters within the Canaveral Barge Canal in 
Port Canaveral, FL encompassed within the following locations: Starting 
at the demarcation line drawn across the seaward extremity of the Port 
Canaveral Entrance Channel Jetties, thence following the northern 
shoreline west to the SR401 Bridge, thence following the southern 
shoreline back to origin. All coordinates are North American Datum 
1983.
    (b) Definitions.
    (1) Designated representative. The term ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Jacksonville in the enforcement of 
the regulated area.
    (2) Hurricane Port Condition YANKEE. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 24 hours.
    (3) Hurricane Port Condition ZULU. Set when weather advisories 
indicate that sustained Gale Force winds from a Tropical or hurricane 
force storm are predicted to make landfall at the port within 12 hours.
    (c) Regulations.
    (1) Hurricane Port Condition YANKEE. All commercial, oceangoing 
vessels and barges over 500GT are prohibited from entering in any of 
the 3 regulated areas designated as being in Port Condition YANKEE 
within the COTP Zone Jacksonville; 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 500GT. Oceangoing 
commercial vessel traffic outbound will be authorized to transit 
through the regulated areas until Port Condition ZULU. Additionally, in 
the Port of Canaveral, no vessel, regardless of size or service, will 
be allowed to transit through the Port Canaveral Barge Canal upon the 
setting of Port Condition YANKEE.
    (2) Hurricane Port Condition ZULU. All commercial, oceangoing 
vessels and barges over 500GT are prohibited from transiting or 
remaining in any of the 3 regulated areas designated as being in Port 
Condition ZULU within COTP Zone Jacksonville; 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 6 hours prior to setting Port Condition Zulu.
    (3) Emergency Closure for Other Disasters. Any natural or other 
disasters that are anticipated to effect the COTP Jacksonville AOR will 
result in the prohibition of commercial vessel traffic transiting or 
remaining in any of the 3 regulated areas predicted to be effected as 
designated by the COTP Jacksonville.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
Jacksonville via telephone at (904) 564-7513, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain in the 
regulated area is granted by the Captain of the Port Jacksonville or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (5) Coast Guard Sector Jacksonville will attempt to notify the 
maritime community of periods during which these safety zones will be 
in effect via Broadcast Notice to Mariners or by on-scene designated 
representatives.
0
3. Add Sec.  165.723 to read as follows:


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

    (a) Regulated Area. The following area is established as a safety 
zone during the specified conditions: All waters within the 
Jacksonville COTP Zone within a 500 yard radius of a firework barge or 
barges during the storage, preparation, and launching of fireworks. The 
Coast Guard realizes that some large scale events, such as those with 
many participants or spectators, or those that could severely restrict 
navigation or pose a significant hazard, may still require separate 
special local regulations or safety zones that address the specific 
peculiarities of the event. In those situations, the Coast Guard will 
create special local regulations or safety zones specifically for the 
event, and those regulations will supersede the proposed regulations in 
this rule.
    (b) Definition. Designated Representative. The term ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Jacksonville in the enforcement of 
the regulated area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the Coast Guard Captain of the Port 
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
Jacksonville via telephone at (904)-564-7513, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain in the 
regulated area is granted by the Captain of the Port Jacksonville or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area via 
Broadcast Notice to Mariners or by on-scene designated representatives.
    (4) This regulation does not apply to authorized law enforcement 
agencies operating within the regulated area.

    Dated: May 29, 2014.
L.A. Allen,
Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville.
[FR Doc. 2014-14176 Filed 6-17-14; 8:45 am]
BILLING CODE 9110-04-P