[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34520-34522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12245]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0264]
RIN 1625-AA87
Security Zone; HMS MEDWAY, St. Johns River, Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving security
zone for navigable waters 500 yards around the HMS MEDWAY during the
vessel's transit from the St. Johns River Sea Buoy until BAE Systems
Shipyard, and while it remains docked at BAE Systems Shipyard, Mayport,
FL starting May 17, 2020. The security zone is needed to protect
personnel and government property from potential hazards associated
with waterborne security incidents and recreational marine traffic
while the vessel transits to their assigned berth space at BAE Systems
Shipyard, Mayport, FL and while docked at BAE Systems Shipyard. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Jacksonville.
DATES: This rule is effective without actual notice from June 5, 2020
until 4 p.m. on June 14, 2020. For purposes of enforcement, actual
notice will be used from 4 a.m. May 17, 2020 until June 5, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0264 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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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 904-714-7662, 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 impracticable. The Coast Guard
was notified of the vessel arrival on May 8, 2020. The Royal Navy
vessel and personnel will be entering the area and immediate action is
needed to respond to the potential security hazards associated with
their visit. It is impracticable to publish an NPRM because we must
establish this security zone by May 17, 2020.
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 waterborne security
threats.
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 Jacksonville (COTP) has determined that
potential hazards associated with waterborne threats as a result of the
HMS MEDWAY entering the St. Johns River starting May 17, 2020, will be
a potential security concern for the Royal Navy vessel as it passes the
St. Johns River Sea Boy, while transits to their assigned berth at BAE
Systems Shipyard, and while docked at the BAE Systems Shipyard in
Mayport, FL. This rule is needed to protect personnel and government
officials from potential hazards associated with vessels coming within
500 yards of the HMS MEDWAY.
IV. Discussion of the Rule
This rule establishes a temporary moving security zone from 4 a.m.
May 17, 2020 until June 14, 2020. The security zone will encompass
navigable waters within a 500 yard radius around the HMS MEDWAY as the
vessel transits the St. Johns River to BAE Systems Shipyard, MAYPORT,
FL and while docked at the BAE Systems Shipyard. The duration of the
zone is intended to protect personnel and government property during
the vessel's transit from the St. Johns River Sea Buoy to BAE Systems
Shipyard, and while docked at BAE Systems Shipyard, Mayport, FL. No
vessel or person will be permitted to enter the security 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 HMS MEDWAY's anticipated transit time in the St. Johns
River. Vessel traffic will be able to safely transit around this
security zone which would impact a small area of the St. Johns River
while the HMS MEDWAY transits the waterway and is docked at their
assigned berth at BAE Systems Shipyard, Mayport, 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 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 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
security 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
[[Page 34522]]
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
security 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 insturctions 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
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.T07-0264 to read as follows:
Sec. 165.T07-0264 Security Zone; HMS MEDWAY, St. Johns River,
Jacksonville, FL.
(a) Location. The following is a security zone: The security zone
will encompass navigable waters within a 500 yard radius around HMS
MEDWAY during the vessel's transit from the St. Johns River Entrance
Buoy to it's assigned berth at BAE Systems Shipyard, Mayport, FL, and
will remain around the vessel while docked at BAE Systems Shipyard.
(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
security 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 or by on-
scene designated representatives.
(d) Enforcement period. This section will be enforced from 4 a.m.
May 17, 2020 until 4 p.m. on June 14, 2020.
Dated: May 15, 2020.
M.R. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2020-12245 Filed 6-4-20; 8:45 am]
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