[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67317-67319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27751]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0992]
RIN 1625-AA00


Safety Zone; Grounded Vessel, Atlantic Ocean, Port St. Lucie, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Atlantic Ocean, east of the Port St. Lucie Inlet. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a grounded vessel outside 
the Port St. Lucie Inlet. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Miami.

DATES: This rule is effective without actual notice from November 2, 
2015] until November 15, 2015. For purposes of enforcement, actual 
notice will be used from October 27, 2015 through November 2, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0992 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 Petty Officer Benjamin R. Colbert, Sector Miami Waterways 
Management Division, U.S. Coast Guard; telephone 305-535-4317, email 
[email protected].

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

    In the evening of October 26, 2015, the Coast Guard was notified 
that a 60 foot motorized vessel was taking on water in the vicinity of 
the Port St. Lucie Inlet. Over the next several hours attempts to 
refloat the vessel were unsuccessful and the grounded vessel settled on 
the bottom. Local, state, and federal agencies are now engaged in 
emergency salvage operations.
    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 this rule is being established in 
response to an ongoing emergency situation. Delay in publishing this 
rule would be impracticable because the grounded vessel poses an 
immediate risk public safety. In addition, any delay in the publishing 
of this rule would be contrary to public interest. This rule is needed 
immediately in order to ensure safety of life on the navigable waters 
surrounding this ongoing emergency situation.
    We are issuing this 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 
discussed above, delay in issuing this rule would be both impracticable 
and contrary to public interest. The rule is in response to an emergent 
safety issue and is needed in order to ensure safety of life in the 
area around this emergency situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Miami (COTP) has determined that 
potential hazards associated with the grounded vessel will be a safety 
concern for anyone within a 100-yard radius of the vessel and equipment 
engaged in salvage operations. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while emergency salvage operations take place.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 27, 2015 through 
November 15, 2015. COTP may cease enforcement of the zone if emergency 
salvage operations end before November 15, 2015. The safety zone will 
cover all navigable waters within 100 yards of vessels and machinery 
being used by personnel to conduct emergency salvage operations. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while emergency salvage 
operations are conducted. 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 (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 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.
    This regulatory action determination is based on the size, 
location, and duration. Vessel traffic will be able to safely transit 
around this safety zone which will impact a small designated area of 
the Atlantic Ocean for a limited duration during emergency salvage 
operations. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

[[Page 67318]]

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 
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 
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 (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 emergency safety zone implemented to protect persons 
and vessels in the vicinity of a grounded vessel. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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, 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 temporary Sec.  165.T07-0992 to read as follows:


Sec.  165.T07-0992  Safety Zone; Grounded Vessel, Atlantic Ocean; Port 
St. Lucie, FL.

    (a) Regulated area. The following regulated area is a safety zone. 
All waters of the Atlantic Ocean located east of the Port St. Lucie 
Inlet within 100 yards of the grounded vessel located at 27[deg]9'55'' 
N., 080[deg]10'36'' W. and all vessels and machinery assisting in 
emergency salvage operations. 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 Miami in the enforcement of the regulated area.
    (c) Regulations. (1) Participants and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area 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 
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.

[[Page 67319]]

    (d) Effective date. This rule will be effective from October 27, 
2015 to November 15, 2015 and will be enforced with actual notice while 
emergency salvage operations are ongoing.

    Dated: October 27, 2015.
M. C. Long,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2015-27751 Filed 10-30-15; 8:45 am]
BILLING CODE 9110-04-P