[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11128-11131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04280]


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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: Final rule.

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SUMMARY: The Coast Guard has modified several aspects of the safety and 
security zones within the Sector Jacksonville Captain of the Port Zone. 
This action was 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 modifies 
existing safety and security zones; establishes safety zones governing 
port regulation in the event of natural and other disasters; and 
removes unnecessary or superfluous safety and security zones.

DATES: This rule is effective April 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0152. 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 Allan Storm, Sector Jacksonville Office of 
Waterways Management, U.S. Coast Guard; telephone (904) 564-7563, email 
<a href="/cdn-cgi/l/email-protection#efae83838e81c1a7c1bc9b809d82af9a9c8c88c1828683"><span class="__cf_email__" data-cfemail="64250808050a4a2c4a37100b160924111707034a090d08">[email protected]</span></a>. 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
COTP Captain of the Port
GRT Gross Register Ton

A. Regulatory History and Information

    On June 17, 2014, we published a Notice of Proposed Rulemaking 
(NPRM) entitled Safety and Security Zones: Jacksonville Captain of the 
Port Zone in the Federal Register (79 FR 34674).
    In 1994, the USCG 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 regulation revises the current 
regulations to add safety zone regulations during natural and other 
disasters. It also implements safety zones for all fire work displays 
in the Jacksonville Captain of the Port Zone.

B. Basis and Purpose

    The legal basis for this 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; Department of Homeland Security 
Delegation No. 0170.1.
    The purpose of these regulations is to ensure the safety of life on 
navigable waters of the United States through the addition of 
regulations applicable during disasters and firework displays within 
the Jacksonville Captain of the Port Zone.

C. Discussion of Comments, Changes and the Final Rule

    Public meetings were held on June 23, 2014 in Jacksonville and June 
25, 2014 in Port Canaveral. No comments were received during the 
meetings or the NPRM comment period.

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 regulation is not a 
significant regulatory action because most of the regulations already 
exist in some form such as 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,

[[Page 11129]]

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 received zero comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    For the reasons discussed in the Regulatory Planning and Review 
section above, this rule will not have a significant economic impact on 
a substantial number of small entities.

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 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule 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. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an 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 disestablishing of a safety and 
security zone, addition of port regulations that would be otherwise 
published as a Temporary Final Rule, and addition of safety zones 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. An 
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 
rule.

List of Subjects in 33 CFR Part 165

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

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

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:

[[Page 11130]]

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 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.; 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]31'27'' 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.
    (2) Jacksonville, FL. All waters within the Port of Jacksonville, 
FL encompassed within the 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.
    (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.
    (4) All coordinates are North American Datum 1983.
    (b) Definition. (1) The term ``designated representative'' means 
Coast Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port 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 500 GRT as measured 
under Title 46 United States Code Section 14502 or an alternate tonnage 
established as 6,000 gross tonnage as measured under 46 U.S.C. 14302 
(GT ITC) are prohibited from entering in any of the regulated areas 
designated as being in Port Condition YANKEE within the COTP Zone 
Jacksonville. 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 500 GRT as measured under Title 46 United 
States Code Section 14502 or an alternate tonnage established as 6,000 
gross tonnage as measured under 46 U.S.C. 14302 (GT ITC) are prohibited 
from transiting or remaining in any of the regulated areas designated 
as being in Port Condition ZULU within COTP Zone Jacksonville. All 
ship-to-shore cargo operations must cease 6 hours prior to setting Port 
Condition Zulu.
    (3) Emergency Regulation for Other Disasters. Any natural or other 
disasters that are to affect the Jacksonville COTP Zone will result in 
the prohibition of commercial vessel traffic over 500 GRT as measured 
under Title 46 United States Code Section 14502 or an alternate tonnage 
established as 6,000 gross tonnage as measured under 46 U.S.C. 14302 
(GT ITC) transiting or remaining in any of the 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.
    (1) 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 
regulations in this rule.
    (2) All coordinates are North American Datum 1983.
    (b) Definition. 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

[[Page 11131]]

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: February 19, 2015.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2015-04280 Filed 2-27-15; 8:45 am]
BILLING CODE 9110-04-P


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