[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51411-51413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20781]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0794]
RIN 1625-AA00
Safety Zone, Saint Simons Sound, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: On September 08, 2019, the Captain of the Port (COTP) Savannah
issued an Emergency Safety Zone in response to the grounding/capsizing
of the M/V GOLDEN RAY (31[deg]07'39.66 North, 081[deg]24'10.58 West,
between Saint Simons Lighthouse and the north end of Jekyll Island, in
the vicinity of green buoy #19). This Emergency Safety Zone prohibited
all vessels from approaching within 0.5 nautical miles of M/V GOLDEN
RAY, unless authorized by the COTP. As of September 13, 2019, this
Emergency Safety Zone remained in effect for all vessels of 500 GT and
above. No vessels 500 GT and above were able to transit within 0.5
nautical miles of the M/V GOLDEN RAY unless specifically authorized by
the COTP. For all other vessels, the Emergency Safety Zone was enforced
for 150 yards surrounding the site. No vessel could transit within 150
yards of the M/V GOLDEN RAY unless specifically authorized by the COTP.
As of September 19, 2019, USCG Captain of the Port Savannah has
adjusted the safety zone surrounding the M/V GOLDEN RAY, so that no
vessel is authorized access within 150 yards of the M/V GOLDEN RAY,
unless authorized by the Captain of the Port. The previous safety zone
established on September 12, 2019 is terminated.
DATES: This rule is effective without actual notice from September 30,
2019 until no longer deemed necessary by the COTP Savannah. For the
purposes of enforcement, actual notice will be used from September 19,
2019 through September 30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0794 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 MST1 Rachel Crowe, Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard; telephone 912-652-4353, extension
243, or 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 doing so would be impracticable due
to the emergent situation. Immediate action is needed to respond to the
potential safety hazards created by the M/V GOLDEN RAY. The Coast Guard
received information on September 8, 2019 regarding the vessel laying
over on its side and impeding the navigable channel. Because of the on-
going dangers posed by the grounded M/V GOLDEN RAY, this safety zone is
necessary to provide for the safety of persons, vessels, and the marine
environment in the incident area. Therefore, it is impracticable to
delay promulgating this rule, as it is necessary to protect the safety
of waterway users.
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 safety hazards associated with the M/V GOLDEN
RAY.
[[Page 51412]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1233). The COTP Savannah has determined
that potential hazards associated with the M/V GOLDEN RAY casualty,
will be a safety concern for anyone transiting in the area. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while salvage and response
operations are on going.
IV. Discussion of the Rule
This rule establishes a safety zone on September 19, 2019
surrounding the M/V GOLDEN RAY. No vessel is authorized access within
150 yards of the M/V GOLDEN RAY, unless authorized by the Captain of
the Port. The previous safety zone established on September 12, 2019 is
terminated.
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 size,
location, and hazards associated with the vessel, as well as the
complexity of salvage and pollution response operations. The safety
zone is limited in size and will cover all navigable waters within a
150-yard radius of the M/V GOLDEN RAY for all vessels--a size necessary
to ensure the safe operations of salvage and pollution response. No
vessel is authorized access within 150 yards of the M/V GOLDEN RAY,
unless authorized by the Captain of the Port. The Coast Guard will
provide notification of the safety zone to the local maritime community
by Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
marine channel 16, a Marine Safety Information Bulletin release, and an
INMARSAT C message to NAVAREA IV. This notice allows mariners to make
alternative plans or seek permission to transit 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
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 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 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
Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone lasting until the COTP Savannah determines the M/V GOLDEN
RAY is no longer a hazard to the safety of persons and vessels
transiting the area. It is categorically excluded from further review
under paragraph L 60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
[[Page 51413]]
5090.1. A Record of Environmental Consideration supporting this
determination is 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: 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. 2019-0794 to read as follows:
Sec. 2019-0794 Safety Zone; M/V GOLDEN RAY; Saint Simons Sound, GA.
(a) Regulated area. The following areas are established as safety
zones: All navigable waters within a 150-yard radius surrounding the M/
V GOLDEN RAY, which is, grounded in position 31[deg]07'39.66 North,
081[deg]24'10.58 West, between Saint Simons lighthouse and the north
end of Jekyll Island, in the vicinity of green buoy #19. All
coordinates are North American Datum 1983 (NAD 83).
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels or aircraft, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Savannah in
the enforcement of the regulated areas.
(c) Regulations. (1) No vessel is authorized access within 150
yards of the M/V GOLDEN RAY, unless authorized by the Captain of the
Port.
(2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP Savannah by
telephone at (912) 652-4353, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted by the COTP Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP Savannah or a designated representative.
(3) The Coast Guard will provide actual notice of the regulated
area by Local Notice to Mariners, Broadcast Notice to Mariners, Marine
Safety Information Bulletin, on-scene designated representatives, and
an INMARSAT C message to NAVAREA IV.
(e) Enforcement period. This section will be enforced starting
September 19, 2019, and will be in effect until further notice.
Dated: September 19, 2019.
Norm C. Witt,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2019-20781 Filed 9-27-19; 8:45 am]
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