[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Proposed Rules]
[Pages 38119-38122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13861]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0032]
RIN 1625-AA11


Regulated Navigation Areas; Escorted Submarines Sector 
Jacksonville Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish regulated navigation 
areas (RNA) covering the St. Marys Entrance Channel, portions of the 
Cumberland Sound, and the Atlantic Ocean, that will be in effect 
whenever any Navy submarine (foreign or domestic) is being escorted by 
the Coast Guard and operating within the jurisdictional waters of the 
Sector Jacksonville Captain of the Port Zone. These RNAs are necessary 
to help ensure the safety and security of submarines, their Coast Guard 
escorts, and the public. The RNAs will do so by requiring all persons 
and vessels located within a RNA to follow orders and/or directions 
given to them by Coast Guard escort personnel. Additionally, these 
proposed RNAs will supersede the current temporary safety/security zone 
for Cumberland Sound, Georgia and St. Mary's River Entrance Channel. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 13, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0032 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Allan Storm, Coast Guard 
Sector Jacksonville, Chief of Waterways Management, telephone (904) 
564-7563, email [email protected].

SUPPLEMENTARY INFORMATION:

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, Purpose, and Legal Basis

    Navy submarines frequently operate within the Cumberland Sound and 
the St. Marys Entrance Channel. When transiting these areas, the 
submarines and the vessels towing them are restricted in ability to 
maneuver and are unable to keep out of the way of other vessels. Due to 
the safety concern of the submarines being severely restricted in their 
ability to deviate from course and other various security concerns 
involved with submarine operations near shore in restricted waters, the 
Coast Guard provides submarine escorts when they are operating in those 
areas and offshore in the Atlantic Ocean.

[[Page 38120]]

    Currently, there are two regulatory options the Coast Guard uses to 
safeguard the movement of submarines, their Coast Guard escorts, and 
the public in and around the Cumberland Sound, the St. Marys Entrance 
Channel, and offshore in the Atlantic Ocean. The primary, and most 
often used, option comes from the authorities contained in the Naval 
Vessel Protection Zone (NVPZ) regulations found in 33 CFR 165.2025. The 
NVPZ provides a 500-yard regulated area of water surrounding large U.S. 
naval vessels. However, this 500-yard regulated area can be 
insufficient at times due to the narrow confines of the Cumberland 
Sound and the St. Marys Entrance Channel, because it forces the 
submarines and their Coast Guard escorts to come into close quarters 
contact with other vessels. The Captain of the Port (COTP) 
Jacksonville, Florida can also activate the safety/security zone, 
published in 33 CFR 165.731, to protect the safety and security of 
naval assets and the public; however this regulation may provide 
greater restrictions on vessel traffic than would be necessary through 
these proposed RNAs. Additionally, the method of activating the safety/
security zone is generally a broadcast notice to mariners, which alerts 
the public to the location of submarines and exposes the submarines to 
potential threats. Under these proposed RNAs, military vessel locations 
and movements would not be broadcast, therefore mitigating threats to 
the safety and security of the naval vessels and their Coast Guard 
escort assets. These RNAs supersede the temporary safety/security zone 
mentioned above.
    The RNAs established by this rule will allow Coast Guard escort 
personnel adequate time to effectively order and/or direct persons and 
vessels operating within a RNA to stop, move, change orientation, etc., 
as needed to ensure safety and/or security. The ability to order and/or 
direct persons and vessels will help avoid unnecessary and potentially 
dangerous close quarters contact between Coast Guard escorts and the 
maritime public within Cumberland Sound, the St. Marys Entrance 
Channel, and offshore in the Atlantic Ocean. In addition, it will give 
Coast Guard escorts an additional tool for determining the intention of 
vessels that are operating in close vicinity to an escorted submarine. 
The RNAs will mitigate the risks associated with these issues, and 
ensure the safety and security of the submarines, their Coast Guard 
escorts, and the maritime public.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    As stated in Section II above, submarines that transit within the 
Cumberland Sound and the St. Marys Entrance Channel are severely 
restricted in their ability to deviate from their course and encounter 
a variety of security concerns involved with submarine operations near 
shore in very restricted waters. To better protect the movement of 
submarines, Coast Guard escorts and the public in and around the 
Cumberland Sound, the St. Marys Entrance Channel, and offshore in the 
Atlantic Ocean, the Coast Guard proposes to establish RNAs when Navy 
submarines (foreign or domestic) are escorted by Coast Guard vessels 
within the Sector Jacksonville Captain of the Port Zone territorial 
seas. The proposed regulation applies in two locations.
    One area would encompass all waters within one (1) nautical mile of 
the charted center of the navigation channel from Crab Island in the 
Cumberland Sound, Georgia, to the St. Marys Entrance Channel and its 
approach extending eastward to lighted buoy ``STM''. This portion of 
the proposed regulation would allow Coast Guard vessels to direct 
waterway traffic in any portion of this confined channel when a 
submarine is being escorted.
    Additionally, a regulated area will encompass waters within one (1) 
nautical mile of any Navy submarine while it is transiting territorial 
seas within the Sector Jacksonville Captain of the Port Zone. All 
persons and vessels located within the RNA are required to follow 
orders and/or directions given to them by Coast Guard escort personnel.
    Lastly, these proposed RNAs supersede the temporary safety/security 
zone found in 33 CFR 165.731(b); thus requiring revision to 33 CFR 
165.731. These amendments include a title change to the regulation, the 
removal of the temporary safety/security zone, and the addition of the 
term ``designated representatives'' for enforcement authorities.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    The Coast Guard made this determination based on the fact that (1) 
the RNAs are only enforced for the short periods of time when 
submarines are operating in the St. Marys Entrance Channel, portions of 
the Cumberland Sound, and Atlantic Ocean and escorted by the Coast 
Guard or anytime a submarine is operating and escorted by the Coast 
Guard within the Sector Jacksonville Captain of the Port Zone 
territorial seas and (2) vessels may freely operate within the RNAs to 
the extent permitted by other law or regulation unless given an order 
and/or direction by Coast Guard escort personnel.
    The Coast Guard has determined that this proposal, superseding the 
temporary safety/security zone implemented under 33 CFR 165.731(b), 
does not constitute a ``significant regulatory action'' under E.O. 
12866 based on the size and location of the security zone. The 
permanent security zone currently implemented under 33 CFR 165.731(a) 
remains in effect and covers approximately 5 square nautical miles of a 
sparsely populated section of Cumberland Sound and tributaries where 
few recreational or commercial vessels transit. Vessels transiting this 
area of Cumberland Sound can transit around the security 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 
proposed rule would 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

[[Page 38121]]

stated in section IV.A above this proposed rule would not have a 
significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves the 
establishment of RNAs, thereby removing the temporary safety/security 
zone covering the St. Marys Entrance Channel, portions of the 
Cumberland Sound, and Atlantic Ocean, that will be enforced whenever 
any Navy submarine (foreign or domestic) is being escorted by the Coast 
Guard and operating within the jurisdictional waters of the Sector 
Jacksonville Captain of the Port Zone. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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. Revise Sec.  165.731 to read as follows:


Sec.  165.731  Security Zone: Cumberland Sound, Georgia.

    (a) 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

[[Page 38122]]

officers designated by or assisting the Captain of the Port (COTP) 
Jacksonville, Florida in the enforcement of the regulated areas.
    (b) Location. A permanent security zone is established within the 
following coordinates, the area enclosed by a line starting at 
30[deg]44'55'' N., 081[deg]29'39'' W.; thence to 30[deg]44'55'' N., 
081[deg]29'18'' W.; thence to 30[deg]46'35'' N., 081[deg]29'18'' W.; 
thence to 30[deg]47'02'' N., 081[deg]29'34'' W.; thence to 
30[deg]47'21'' N., 081[deg]29'39'' W.; thence to 30[deg]48'00'' N., 
081[deg]29'42'' W.; thence to 30[deg]49'07'' N., 081[deg]29'56'' W.; 
thence to 30[deg]49'55'' N., 081[deg]30'35'' W.; thence to 
30[deg]50'15'' N., 081[deg]31'08'' W.; thence to 30[deg]50'14'' N., 
081[deg]31'30'' W.; thence to 30[deg]49'58'' N., 081[deg]31'45'' W.; 
thence to 30[deg]49'58'' N., 081[deg]32'03'' W.; thence to 
30[deg]50'12'' N., 081[deg]32'17'' W.; thence following the land based 
perimeter boundary to the point of origin.
    (c) Regulations. (1) No person or vessel may enter or remain within 
the security zone without the permission of the COTP Jacksonville or 
designated representative.
    (2) All persons and vessels in authorized permission to enter the 
security zone shall immediately obey any direction or order of the COTP 
Jacksonville or designated representative.
    (3) This regulation does not apply to persons or vessels operating 
under the authority of the United States Navy or to authorized law 
enforcement agencies.
0
3. Add Sec.  165.732 to read as follows:


Sec.  165.732  Escorted Submarines Sector Jacksonville Captain of the 
Port Zone.

    (a) Location. The following areas are regulated navigation areas 
(RNA) whenever any Navy submarine (foreign or domestic) is being 
escorted by the Coast Guard within the Sector Jacksonville Captain of 
the Port Zone territorial seas:
    (1) All waters within 1 nautical mile of any Navy submarine 
operating within the Sector Jacksonville Captain of the Port Zone 
territorial seas; and
    (2) All waters within 1 nautical mile of the charted center of the 
navigation channel from Crab Island in the Cumberland Sound, Georgia to 
the St. Marys Entrance Channel and its approach extending eastward to 
lighted buoy ``STM''.
    (b) Regulations. All persons and vessels located within a RNA 
created by paragraph (a) shall follow all orders and/or directions 
given to them by Coast Guard escort personnel. 33 CFR 165, Subpart B, 
contains additional provisions applicable to the RNA created in 
paragraph (a).
    (c) Notification. The Coast Guard escort will attempt, when 
necessary and practicable, to notify any persons or vessels inside or 
approaching the vicinity of a RNA created in paragraph (a) of this 
section of its existence via VHF Channel 16 and/or any other means 
reasonably available.

    Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-13861 Filed 6-10-16; 8:45 am]
BILLING CODE 9110-04-P