[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Rules and Regulations]
[Pages 58051-58053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23540]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0803]
RIN 1625-AA11


Regulated Navigation Area; Saint Simons Sound, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is amending a temporary RNA for navigable 
waters in Saint Simons Sound, GA. Entry of vessels greater than 500 
gross tons into the area is prohibited, unless specifically authorized 
by the Captain of the Port (COTP) Savannah. The RNA is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by salvage and pollution response operations taking 
place near the grounded freight vessel GOLDEN RAY.

DATES: This rule is effective without actual notice from October 30, 
2019 until January 29, 2021. For the purposes of enforcement, actual 
notice will be used from September 24, 2019 through October 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://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 LT Lauren Bloch, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone 912-652-4353, extension 
232, 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
RNA Regulated Navigation Area
COTP Captain of the Port
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is amending 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 the freight vessel GOLDEN RAY 
capsized and grounded in Saint Simons Sound, GA on September 8, 2019. 
Immediate action is needed to aid in the directing of vessel traffic 
through the Port of Brunswick in the vicinity of the M/V GOLDEN RAY. It 
is impracticable to publish an NPRM because we must amend this RNA by 
September 24, 2019.
    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 hazards associated with operations in response 
to the M/V GOLDEN RAY casualty.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Savannah has determined 
that an amended RNA is needed to allow vessels greater than 500 gross 
tons to transit safely through the area. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the RNA during salvage and pollution operations in response to 
the M/V GOLDEN RAY casualty.

IV. Discussion of the Rule

    This rule amends the coordinates and expiration date of the 
temporary RNA published on September 19, 2019. The RNA zone is amended 
to cover all navigable waters in Saint Simons Sound, GA bounded by a 
line drawn from a point located at 31[deg]07'48'' N, 081[deg]23'30'' W, 
thence to 31[deg]07'29'' N, 081[deg]23'37'' W, thence to 31[deg]07'38'' 
N, 081[deg]24'10'' W, thence to 31[deg]07'22'' N,

[[Page 58052]]

081[deg]24'38'' W, thence to 31[deg]07'40'' N, 081[deg]25'01'' W, 
thence to 31[deg]08'07'' N, 081[deg]24'48'' W. The RNA is amended to 
expire on January 29, 2021 or when the COTP Savannah determines the M/V 
GOLDEN RAY is no longer a hazard to the safety of persons and vessels, 
whichever is sooner. Other provisions remain unchanged. No vessel 
greater than 500 gross tons may enter the RNA without the prior 
approval of the COTP Savannah. Upon approval from the COTP each vessel 
will be provided an authorized timeframe to transit the RNA. Only one-
way traffic is allowed through the RNA at all times. When transiting 
through the RNA all vessels greater than 500 gross tons must have one 
assist tug, establish and maintain communications with the designated 
representative of the COTP via VHF-FM radio on channel 13, and not 
exceed a speed of 8 knots, unless greater speeds are required to 
maintain bare steerage. Any vessel unable to meet these operating 
limitations may, with good cause, seek authorization from the COTP 
Savannah to deviate from these requirements.
    The RNA is intended to protect personnel, vessels, and the marine 
environment in these navigable waters and provide a safe working 
environment for personnel and vessels responding to the M/V GOLDEN RAY 
casualty.

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 RNA size, 
location, notice, duration and provided exceptions. Vessel traffic will 
be able to safely transit through this RNA which would impact a small 
designated area of Saint Simons Sound, GA; the size and location of 
this RNA is limited to an area in the immediate vicinity of the 
grounded M/V GOLDEN RAY. The Coast Guard will provide mariners notice 
of the RNA through a Broadcast Notice to Mariners via VHF-FM radio 
channel 16. Additionally, the RNA is limited in duration. It will 
remain in effect until January 29, 2021 or 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, whichever is sooner. Lastly, 
this RNA will allow vessels to seek permission from the COTP to enter 
the area.

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 
RNA 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 
call or email 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 call or email 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 Environmental Planning COMDTINST 5090.1 (series), 
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

[[Page 58053]]

environment. This rule involves an RNA for the navigable waters in 
Saint Simons Sound, GA bounded by a line drawn from a point located at 
31[deg]07'48'' N, 081[deg]23'30'' W, thence to 31[deg]07'29'' N, 
081[deg]23'37'' W, thence to 31[deg]07'38'' N, 081[deg]24'10'' W, 
thence to 31[deg]07'22'' N, 081[deg]24'38'' W, thence to 31[deg]07'40'' 
N, 081[deg]25'01'' W, thence to 31[deg]08'07'' N, 081[deg]24'48'' W. It 
is categorically excluded from further review under paragraph L[60d] in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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. Revise Sec.  165.T07-0803 to read as follows:


Sec.  165.T07-0803   Regulated navigation area; Saint Simons Sound, GA.

    (a) Location. The following area is a regulated navigation area 
(RNA): All navigable waters of Saint Simons Sound, GA bounded by a line 
drawn from a point located at 31[deg]07'48'' N, 081[deg]23'30'' W, 
thence to 31[deg]07'29'' N, 081[deg]23'37'' W, thence to 31[deg]07'38'' 
N, 081[deg]24'10'' W, thence to 31[deg]07'22'' N, 081[deg]24'38'' W, 
thence to 31[deg]07'40'' N, 081[deg]25'01'' W, thence to 31[deg]08'07'' 
N, 081[deg]24'48'' W. All coordinates are North American Datum 1983 
(NAD 83).
    (b) Definition. As used in this section, designated representative 
of the Captain of the Port Savannah (COTP) is any Coast Guard 
commissioned, warrant or petty officer, or Federal, State, local 
agency, who has been designated by the COTP Savannah to assist in the 
patrol or enforcement of the regulated area.
    (c) Regulations. In addition to the general RNA regulations in 
Sec.  165.13, the regulations in paragraphs (c)(1) through (8) of this 
section apply to the RNA described in paragraph (a) of this section.
    (1) All vessels greater than 500 gross tons intending to transit 
through the RNA must seek prior approval from the COTP Savannah at 
least 24-hours in advance of the vessel's arrival to, or departure 
from, the Port of Brunswick. The COTP Savannah can be contacted via 
telephone at 614-943-5532. The COTP Savannah's designated 
representative can be contacted on VHF-FM radio channel 13. Upon 
approval to enter the RNA, the COTP Savannah will provide an approved 
timeframe a vessel may enter the RNA.
    (2) Only one-way traffic is authorized within the RNA at all times.
    (3) All vessels greater than 500 gross tons must obtain one assist 
tug while transiting within the RNA.
    (4) All vessels greater than 500 gross tons must check in with the 
designated representative via VHF-FM Channel 13 prior to transiting 
within the RNA and maintain communications with the designated 
representative while transiting through the RNA.
    (5) While transiting within the RNA all vessels greater than 500 
gross tons may not exceed a speed of 8 knots, unless greater speeds are 
required to maintain bare steerage.
    (6) Any vessel unable to meet these operating limitations may, upon 
showing good cause, seek authorization from the COTP Savannah to 
deviate from the requirements in this section.
    (7) The operator of any vessel transiting in RNA must comply with 
all lawful directions given by the COTP or the COTP's designated 
representative.
    (8) The inland navigation rules in 33 CFR subchapter E remain in 
effect within the RNA and must be followed at all times.

    Dated: September 24, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-23540 Filed 10-29-19; 8:45 am]
 BILLING CODE 9110-04-P