[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57820-57822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23539]
[[Page 57820]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0803]
RIN 1625-AA11
Regulated Navigation Area; Saint Simons Sound, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) for the navigable waters in Saint Simons Sound,
GA, as set out in the regulatory text at the end of this document.
Entry of vessels greater than 500 gross tons into this area is
prohibited, unless specifically authorized by the Captain of the Port
(COTP) Savannah. The RNA is needed to protect personnel, vessels, and
the marine environment from potential hazards created by salvage and
pollution response operations taking place near the grounded freight
vessel GOLDEN RAY.
DATES: This rule is effective without actual notice from October 29,
2019 through January 29, 2021. For the purposes of enforcement, actual
notice will be used from September 19, 2019 through October 29, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0794 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Lauren Bloch, Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard; telephone 912-652-4353, extension
232, or 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
RNA Regulated Navigation Area
COTP Captain of the Port
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the freight vessel GOLDEN RAY
capsized and grounded in Saint Simons Sound, GA on September 8, 2019.
Immediate action is needed to aid in the directing of vessel traffic
through the Port of Brunswick in the vicinity of the M/V GOLDEN RAY. It
is impracticable to publish an NPRM because we must establish this RNA
by September 19, 2019.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential hazards associated with operations in response
to the M/V GOLDEN RAY casualty.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Savannah has determined
that an RNA is needed to allow vessels greater than 500 gross tons to
transit safely through the area. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the RNA during salvage and pollution operations in response to
the M/V GOLDEN RAY casualty.
IV. Discussion of the Rule
This rule establishes an RNA on September 19, 2019. The RNA will
cover all navigable waters in Saint Simons Sound, GA bounded by a line
drawn from a point located at 31[deg]07'48.84'' N, 081[deg]23'30.67''
W, thence to 31[deg]07'29.38'' N, 081[deg]23'37.15'' W, thence to
31[deg]07'51.43'' N, 081[deg]16'23.57'' W, thence to 31[deg]08'07.28''
N, 081[deg]24'48.08'' W, thence to 31[deg]07'22.87'' N,
081[deg]24'38.78'' W, thence to 31[deg]07'40'' N, 081[deg]25'01'' W. No
vessel greater than 500 gross tons may enter the RNA without the prior
approval of the COTP Savannah. Upon approval from the COTP each vessel
will be provided an authorized timeframe to transit the RNA. Only one-
way traffic is allowed through the RNA at all times. When transiting
through the RNA all vessels greater than 500 gross tons must have one
assist tug, establish and maintain communications with the designated
representative of the COTP via VHF-FM radio on channel 13, and not
exceed a speed of 8 knots, unless greater speeds are required to
maintain bare steerage. Any vessel unable to meet these operating
limitations may, with good cause, seek authorization from the COTP
Savannah to deviate from these requirements.
The RNA is intended to protect personnel, vessels, and the marine
environment in these navigable waters and provide a safe working
environment for personnel and vessels responding to the M/V GOLDEN RAY
casualty.
V. Regulatory Analyses
We developed this 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 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the RNA size,
location, notice, duration and provided exceptions. Vessel traffic will
be able to safely transit through this RNA which would impact a small
designated area of Saint Simons Sound, GA; the size and location of
this RNA is limited to an area in the immediate vicinity of the
grounded M/V GOLDEN RAY. The Coast Guard will provide mariners notice
of the RNA through a Broadcast Notice to Mariners via VHF-FM radio
channel 16. Additionally, the RNA is limited in duration. It will
remain in effect until the COTP Savannah determines the M/V GOLDEN RAY
is no longer a hazard to the safety of persons and vessels transiting
the area. Lastly, this RNA will allow vessels to seek permission from
the COTP to enter the area.
[[Page 57821]]
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section V. A.
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
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 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 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 an RNA for the navigable waters in
Saint Simons Sound, GA bounded by a line drawn from a point located at
31[deg]07'48.84'' N, 081[deg]23'30.67'' W, thence to 31[deg]07'29.38''
N, 081[deg]23'37.15'' W, thence to 31[deg]07'51.43'' N,
081[deg]16'23.57'' W, thence to 31[deg]08'07.28'' N, 081[deg]24'48.08''
W, thence to 31[deg]07'22.87'' N, 081[deg]24'38.78'' W, thence to
31[deg]07'40'' N, 081[deg]25'01'' W. It is categorically excluded from
further review under paragraph L[60a] in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
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: 46 U.S.C. 70034, 70051; 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.T07-0803 to read as follows:
Sec. 165.T07-0803 Regulated navigation area; Saint Simons Sound, GA.
(a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of Saint Simons Sound, GA bounded by a line
drawn from a point located at 31[deg]07'48.84'' N, 081[deg]23'30.67''
W, thence to 31[deg]07'29.38'' N, 081[deg]23'37.15'' W, thence to
31[deg]07'51.43'' N, 081[deg]16'23.57'' W, thence to 31[deg]08'07.28''
N, 081[deg]24'48.08'' W, thence to 31[deg]07'22.87'' N,
081[deg]24'38.78'' W, thence to 31[deg]07'40'' N, 081[deg]25'01'' W.
All coordinates are North American Datum 1983 (NAD 83).
(b) Definition. As used in this section, designated representative
of the Captain of the Port Savannah (COTP) is any Coast Guard
commissioned, warrant or petty officer, or federal, state, local
agency, who has been designated by the COTP Savannah to assist in the
patrol or enforcement of the regulated area.
(c) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the regulations in paragraphs (c)(1) through (8) of this
section apply to the RNA described in paragraph (a) of this section.
(1) All vessels greater than 500 gross tons intending to transit
through the RNA must seek prior approval from the COTP Savannah at
least 24-hours in advance of the vessel's arrival to, or departure
from, the Port of Brunswick. The COTP Savannah can be contacted via
telephone at 614-943-5532. The COTP Savannah's designated
representative can be contacted on VHF-FM radio channel 13. Upon
[[Page 57822]]
approval to enter the RNA, the COTP Savannah will provide an approved
timeframe a vessel may enter the RNA.
(2) Only one-way traffic is authorized within the RNA at all times.
(3) All vessels greater than 500 gross tons must obtain one assist
tug while transiting within the RNA.
(4) All vessels greater than 500 gross tons must check in with the
designated representative via VHF-FM Channel 13 prior to transiting
within the RNA and maintain communications with the designated
representative while transiting through the RNA.
(5) While transiting within the RNA all vessels greater than 500
gross tons may not exceed a speed of 8 knots, unless greater speeds are
required to maintain bare steerage.
(6) Any vessel unable to meet these operating limitations may, upon
showing good cause, seek authorization from the COTP Savannah to
deviate from the requirements in this section.
(7) The operator of any vessel transiting in RNA must comply with
all lawful directions given by the COTP or the COTP's designated
representative.
(8) The inland navigation rules in 33 CFR subchapter E remain in
effect within the RNA and must be followed at all times.
Dated: September 19, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2019-23539 Filed 10-28-19; 8:45 am]
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