[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52620-52622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21685]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0737]
RIN 1625-AA00


Safety Zone; Unexploded Ordnance Removal, Vero Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
the Atlantic Ocean for the removal of unexploded ordnance located east 
of Vero Beach. There will be a zone approximately 2.6 nautical mile 
wide along the beach extending due east for approximately 2.3 nautical 
miles, in Vero Beach, Florida. This safety zone will be in effect from 
August 10th through September 4, 2015. This safety zone will only be 
enforced while operations are being conducted. The safety zone is 
necessary to protect the public from hazards associated with removal of 
the unexploded ordnance. Persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone during operations unless authorized by the Captain of the 
Port Miami or a designated representative.

DATES: This rule is effective without actual notice from September 1, 
2015 until September 4, 2015. For the purposes of enforcement, actual 
notice will be used from August 10, 2015 until September 1, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0737 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. 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 Petty Officer Benjamin Colbert, U.S. Coast Guard; 
telephone 305-535-4317, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Ms. 
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final 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 Coast Guard did not receive 
notice of this event until late July and there is an immediate need to 
remove hazards presented by unexploded ordinance. Any delay in the 
effective date of this rule would be unnecessary and contrary to the 
public interest because immediate action is needed to minimize 
potential danger to the public from this operation.
    We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making it effective less 
than 30 days after publication in the Federal Register for the same 
reasons described above.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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.
    The purpose of the rule is to provide for the safety of life on 
navigable waters during the removal and disposition of unexploded 
ordnance.

IV. Discussion of the Final Rule

    From August 10, 2015 to September 4, 2015, the Army Corp of 
Engineers will be removing and disposing unexploded ordnance off the 
coast of Vero Beach, Florida.
    A safety zone will encompass certain waters of the Atlantic Ocean 
in Vero Beach, Florida. The safety zone will be effective beginning 
12:01 a.m. on August 10, 2015 through 11:59 p.m. on September 4, 2015 
unless cancelled sooner by the Captain of the Port. The safety zone 
will be enforced while operations associated with the removal and 
disposition of the unexploded ordnance are ongoing. Weather conditions 
may inhibit ordinance removal operations; as a result, exact 
enforcement times cannot be identified at this time. The USCG and other 
Law Enforcement agencies will have vessels on-scene to enforce this 
rule. The safety zone will encompass all waters of the Atlantic Ocean 
from Windward Way to Seaway Court extending east for 2.3 nautical 
miles, in Vero Beach, Florida. All persons and vessels are prohibited 
from entering, transiting through, anchoring in, or remaining within 
this regulated area.
    Persons and vessels may request authorization to enter the safety 
zone by contacting the Captain of the Port Miami by telephone at 305-
535-4472, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted by the Captain of the Port Miami or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Miami or a designated representative. The Coast Guard will provide 
notice of the safety zone by Broadcast Notice to Mariners, and on-scene 
designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of

[[Page 52621]]

harmonizing rules, and of promoting flexibility. This rule has not been 
designated a ``significant regulatory action,'' under E.O. 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) This safety zone will be enforced during 
operations related to the removal and disposition of the unexploded 
ordnance; (2) although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Miami or a designated 
representative, they may operate in the surrounding areas during the 
enforcement period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the safety zone during the 
enforcement period if authorized by the Captain of the Port Miami or a 
designated representative; (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Broadcast Notice to Mariners and on-scene representatives.

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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within the safety zone during the 
respective enforcement period. 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.
    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.
    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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 contact 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 
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 the creation of a safety zone. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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; 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 a temporary Sec.  165.T07-0737 to read as follows:


Sec.  165.T07-0737  Safety Zone; Unexploded Ordnance Removal, Vero 
Beach, FL.

    (a) Regulated area. The following regulated area is established as 
a safety zone: All waters starting at point 1 in position 
27[deg]37'00'' N. 80[deg]20'40'' W.; thence east to point 2 in position 
27[deg]36'05'' N. 80[deg]17'55'' W.; thence south to point 3 in 
position 27[deg]34'51'' N. 80[deg]17'55'' W.; thence west to point 4 in 
position 27[deg]34'07'' N. 80[deg]19'28'' W.; thence northwest back to 
origin.

[[Page 52622]]

    (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 Miami 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 
safety zone without authorization from the Captain of the Port Miami or 
a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact the Captain of the 
Port Miami by telephone at 305-535-4472, or a designated representative 
via VHF radio on channel 16. If authorization to enter, transit 
through, anchor in, or remain within a safety zone is granted by the 
Captain of the Port Miami or a designated representative, all persons 
and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Miami or a designated 
representative.
    (3) The Coast Guard will provide notice of the safety zone by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Effective date. This rule is effective from 12:01 a.m. on 
August 10, 2015 through 11:59 a.m. on September 4, 2015 unless 
cancelled sooner by the Captain of the Port. This rule will be enforced 
while operations associated with ordinance removal are in progress.

    Dated: August 10, 2015.
A. J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-21685 Filed 8-31-15; 8:45 am]
 BILLING CODE 9110-04-P