[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Rules and Regulations]
[Pages 13965-13968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05229]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 escorted by the 
Coast Guard and operating within the jurisdictional waters of the 
Sector Jacksonville Captain of the Port Zone. These RNAs

[[Page 13966]]

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 an RNA to follow 
lawful orders and/or directions given to them by Coast Guard designated 
representatives. Additionally, these RNAs will supersede the current 
temporary safety/security zone for Cumberland Sound, Georgia and St. 
Marys River Entrance Channel.

DATES: This rule is effective April 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0032 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 Lieutenant Allan Storm, Coast Guard Sector Jacksonville, 
Chief of Waterways Management, 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

    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 severely restricted in their 
ability to maneuver or deviate course. Due to the safety and 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.
    Because the existing regulatory options the Coast Guard uses to 
safeguard the movement of submarines, their Coast Guard escorts, and 
the public are insufficient, the Coast Guard published a notice of 
proposed rulemaking (NPRM) on June 13, 2016, titled ``Regulated 
Navigation Areas; Escorted Submarines Sector Jacksonville Captain of 
the Port Zone'' (81 FR 38119). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action. During the 
comment period that ended July 13, 2016, we received no public comments 
and two interagency comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Coast Guard has determined that RNAs are necessary to allow 
designated Coast Guard representatives adequate time to effectively 
order and/or direct persons and vessels operating within a RNA to stop, 
move, change orientation, or take other action 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no public comments on the NPRM 
published on June 13, 2016. To better define the northern extent of the 
RNA, we have incorporated one change to the rule based on an 
interagency comment. The change includes adding the words ``the 
southern tip of'' to the Crab Island position.
    This rule establishes a regulated area encompassing all waters 
within one (1) nautical mile of the charted center of the navigation 
channel from the southern tip of 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 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 
lawful orders and/or directions given to them by designated Coast Guard 
representatives.

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 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 Executive Order 12866. 
Accordingly, it 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 a lawful 
order and/or direction by designated Coast Guard representatives.
    The Coast Guard has determined that this rule, superseding the 
temporary safety/security zone implemented under 33 CFR 165.731(b), 
does not constitute a ``significant regulatory action'' under Executive 
Order 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 five 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

[[Page 13967]]

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 did 
not receive any comments from the Small Business Administration on this 
rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
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 stated in section V.A above, 
this rule would 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 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 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.

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 the establishment of RNAs and an amendment to a 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. It is categorically excluded 
from further review under paragraph 34(g) of figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES.

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. Revise Sec.  [thinsp]165.731 to read as follows:


Sec.  [thinsp]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 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 authorized 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.

[[Page 13968]]


0
3. Add Sec.  [thinsp]165.732 to read as follows:


Sec.  [thinsp]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 the southern tip of 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 lawful orders and/or 
directions given to them by designated Coast Guard representatives. 33 
CFR 165, subpart B, contains additional provisions applicable to the 
RNA created in paragraph (a) of this section.
    (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: March 10, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-05229 Filed 3-15-17; 8:45 am]
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