[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Rules and Regulations]
[Pages 40899-40901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14788]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0199]
RIN 1625-AA00
Safety Zone; Amelia River, Fernandina, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters within a 500-yard radius of the VB-10,000 work
barge while transiting the Sector Jacksonville Captain of the Port
Zone. Once the VB-10,000 work barge is moored at the Nassau Terminal in
Fernandina Beach, FL, the safety zone will be reduced to a 100-yard
radius. This safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with a barge
of this size and with restricted manuerverability. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Jacksonville.
DATES: This rule is effective without actual notice from July 8, 2020
through July 31, 2020. For the purposes of enforcement, actual notice
will be used from July 3, 2020 through July 8, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0199 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 Emily Sysko, Sector Jacksonville, Waterways
Management, U.S. Coast Guard; telephone 904-714-7616, 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 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 it is inpracticable. Due to shifting
dates and delays resulting from the COVID-19 pandemic, the Coast Guard
did not received a specific date and time for the transit of the VB-
10,000 work barge.The barge is expected to arrive at Nassau Termainal
in Fernandina Beach, FL on July 3, 2020. It is impracticable to publish
an NPRM because we must establish this safety zone prior to the barge
getting underway and entering the COTP Jacksonville zone.
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 action is needed to respond to
the potential safety and navigational hazards associated with a large
work barge transiting the channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) Jacksonville has determined that
potential hazards associated with the VB-10,000 work barge will be a
safety concern for anyone within a 500-yard radius of the barge while
in transit and within a 100-yard radius of the barge while moored at
the Nassau Terminal in Fernandina Beach, FL. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the barge is transiting through the
COTP Jacksonville Zone and moored at Nassau Terminal.
IV. Discussion of the Rule
This rule establishes a safety zone around the VB-10,000 work
barge. The safety zone will cover all navigable waters within 500 yards
of the barge while in transit and all navigable waters within 100 yards
of the barge while moored at the Nassau Terminal in Fernandina Beach,
FL. The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the barge is
present. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
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 time and
duration the VB-10,000 work barge will be in the Sector Jacksonville
Captain of the Port Zone. Vessel traffic will be able to safely transit
around the 500 yard radius safety zone which will be reduced to a 100-
yard radius while the barge is moored at the Nassau Terminanl in
Fernandina Beach, FL. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels unable to pass safely to seek permission to
enter the zone.
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
[[Page 40900]]
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
safety zone 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.
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, Rev. 1, associated implementing instructions, 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 a
safety zone that will prohibit entry within navigable waters outlined
in the Discussion of the Rule above. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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 Regulated Navigation Areas and
Limited Access Areas
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping 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.T07-0199 to read as follows:
Sec. 165.T07-0199 Safety Zone; VB-10,000 work barge, Sector
Jacksonville Captain of the Port Zone, Fernandina Beach, FL.
(a) Location. The following is a safety zone: All navigable waters
within a 500 yard radius around the VB-10,000 work barge during the
vessel's transit within the Sector Jacksonville Captain of the Port
Zone. While it is moored at Nassau Terminal, Fernandina Beach, FL, the
saftey zone will encompass navigable waters within a 100 yard radius.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and
Federal, State, and local officers designated by or assisting the
Captain of the Port Jacksonville (COTP) in the enforcement of the
safety zone.
(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 Captain of the Port
Jacksonville or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at (904) 714-7557, or a designated
representative via VHF-FM radio on channel 16, to request
authorization. If authorization is granted, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP Jacksonville or a designated representative.
(3) The Coast Guard will provide notice of the regulated area
through Broadcast Notice to Mariners via VHF-FM channel 16.
(d) Enforcement period. This section will be enforced from July 3,
2020 through July 31, 2020, unless terminated sooner by the Sector
Jacksonville Captain of the Port Zone.
[[Page 40901]]
Dated: June 30, 2020.
M.C. Reed,
Commander, U.S. Coast Guard, Captain of the Port Jacksonville, Acting.
[FR Doc. 2020-14788 Filed 7-7-20; 8:45 am]
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