[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Proposed Rules]
[Pages 21742-21745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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