[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34520-34522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12245]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0264]
RIN 1625-AA87


Security Zone; HMS MEDWAY, St. Johns River, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving security 
zone for navigable waters 500 yards around the HMS MEDWAY during the 
vessel's transit from the St. Johns River Sea Buoy until BAE Systems 
Shipyard, and while it remains docked at BAE Systems Shipyard, Mayport, 
FL starting May 17, 2020. The security zone is needed to protect 
personnel and government property from potential hazards associated 
with waterborne security incidents and recreational marine traffic 
while the vessel transits to their assigned berth space at BAE Systems 
Shipyard, Mayport, FL and while docked at BAE Systems Shipyard. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Jacksonville.

DATES: This rule is effective without actual notice from June 5, 2020 
until 4 p.m. on June 14, 2020. For purposes of enforcement, actual 
notice will be used from 4 a.m. May 17, 2020 until June 5, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0264 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 34521]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Emily Sysko, Sector Jacksonville, Waterways 
Management, U.S. Coast Guard; telephone 904-714-7662, 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 it is impracticable. The Coast Guard 
was notified of the vessel arrival on May 8, 2020. The Royal Navy 
vessel and personnel will be entering the area and immediate action is 
needed to respond to the potential security hazards associated with 
their visit. It is impracticable to publish an NPRM because we must 
establish this security zone by May 17, 2020.
    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 waterborne security 
threats.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Jacksonville (COTP) has determined that 
potential hazards associated with waterborne threats as a result of the 
HMS MEDWAY entering the St. Johns River starting May 17, 2020, will be 
a potential security concern for the Royal Navy vessel as it passes the 
St. Johns River Sea Boy, while transits to their assigned berth at BAE 
Systems Shipyard, and while docked at the BAE Systems Shipyard in 
Mayport, FL. This rule is needed to protect personnel and government 
officials from potential hazards associated with vessels coming within 
500 yards of the HMS MEDWAY.

IV. Discussion of the Rule

    This rule establishes a temporary moving security zone from 4 a.m. 
May 17, 2020 until June 14, 2020. The security zone will encompass 
navigable waters within a 500 yard radius around the HMS MEDWAY as the 
vessel transits the St. Johns River to BAE Systems Shipyard, MAYPORT, 
FL and while docked at the BAE Systems Shipyard. The duration of the 
zone is intended to protect personnel and government property during 
the vessel's transit from the St. Johns River Sea Buoy to BAE Systems 
Shipyard, and while docked at BAE Systems Shipyard, Mayport, FL. No 
vessel or person will be permitted to enter the security 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 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 time and 
duration the HMS MEDWAY's anticipated transit time in the St. Johns 
River. Vessel traffic will be able to safely transit around this 
security zone which would impact a small area of the St. Johns River 
while the HMS MEDWAY transits the waterway and is docked at their 
assigned berth at BAE Systems Shipyard, Mayport, FL. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter 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 
security 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 
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

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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.

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, Rev. 1, associated implementing instructions, 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 environment. This rule involves a 
security zone that will prohibit entry within navigable waters outlined 
in the Discussion of the Rule above. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For insturctions on locating the docket, see the ADDRESSES section of 
this preamble.

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 record 
keeping 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.  165.T07-0264 to read as follows:


Sec.  165.T07-0264  Security Zone; HMS MEDWAY, St. Johns River, 
Jacksonville, FL.

    (a) Location. The following is a security zone: The security zone 
will encompass navigable waters within a 500 yard radius around HMS 
MEDWAY during the vessel's transit from the St. Johns River Entrance 
Buoy to it's assigned berth at BAE Systems Shipyard, Mayport, FL, and 
will remain around the vessel while docked at BAE Systems Shipyard.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and 
Federal, State, and local officers designated by or assisting the 
Captain of the Port Jacksonville (COTP) in the enforcement of the 
security zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port 
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Jacksonville by telephone at (904) 714-7557, or a designated 
representative via VHF-FM radio on channel 16, to request 
authorization. If authorization is granted, all persons and vessels 
receiving such authorization must comply with the instructions of the 
COTP Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through Broadcast Notice to Mariners via VHF-FM channel 16 or by on-
scene designated representatives.
    (d) Enforcement period. This section will be enforced from 4 a.m. 
May 17, 2020 until 4 p.m. on June 14, 2020.

    Dated: May 15, 2020.
M.R. Vlaun,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2020-12245 Filed 6-4-20; 8:45 am]
 BILLING CODE 9110-04-P