[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Rules and Regulations]
[Pages 40899-40901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14788]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0199]
RIN 1625-AA00


Safety Zone; Amelia River, Fernandina, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters within a 500-yard radius of the VB-10,000 work 
barge while transiting the Sector Jacksonville Captain of the Port 
Zone. Once the VB-10,000 work barge is moored at the Nassau Terminal in 
Fernandina Beach, FL, the safety zone will be reduced to a 100-yard 
radius. This safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards associated with a barge 
of this size and with restricted manuerverability. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Jacksonville.

DATES: This rule is effective without actual notice from July 8, 2020 
through July 31, 2020. For the purposes of enforcement, actual notice 
will be used from July 3, 2020 through July 8, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0199 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 Emily Sysko, Sector Jacksonville, Waterways 
Management, U.S. Coast Guard; 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

    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 inpracticable. Due to shifting 
dates and delays resulting from the COVID-19 pandemic, the Coast Guard 
did not received a specific date and time for the transit of the VB-
10,000 work barge.The barge is expected to arrive at Nassau Termainal 
in Fernandina Beach, FL on July 3, 2020. It is impracticable to publish 
an NPRM because we must establish this safety zone prior to the barge 
getting underway and entering the COTP Jacksonville zone.
    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 action is needed to respond to 
the potential safety and navigational hazards associated with a large 
work barge transiting the channel.

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 (COTP) Jacksonville has determined that 
potential hazards associated with the VB-10,000 work barge will be a 
safety concern for anyone within a 500-yard radius of the barge while 
in transit and within a 100-yard radius of the barge while moored at 
the Nassau Terminal in Fernandina Beach, FL. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the barge is transiting through the 
COTP Jacksonville Zone and moored at Nassau Terminal.

IV. Discussion of the Rule

    This rule establishes a safety zone around the VB-10,000 work 
barge. The safety zone will cover all navigable waters within 500 yards 
of the barge while in transit and all navigable waters within 100 yards 
of the barge while moored at the Nassau Terminal in Fernandina Beach, 
FL. The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while the barge is 
present. No vessel or person will be permitted to enter the safety 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 VB-10,000 work barge will be in the Sector Jacksonville 
Captain of the Port Zone. Vessel traffic will be able to safely transit 
around the 500 yard radius safety zone which will be reduced to a 100-
yard radius while the barge is moored at the Nassau Terminanl in 
Fernandina Beach, 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 unable to pass safely 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

[[Page 40900]]

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 
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.

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 
safety 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 instructions 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 Regulated Navigation Areas and 
Limited Access Areas

    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.T07-0199 to read as follows:


Sec.  165.T07-0199  Safety Zone; VB-10,000 work barge, Sector 
Jacksonville Captain of the Port Zone, Fernandina Beach, FL.

    (a) Location. The following is a safety zone: All navigable waters 
within a 500 yard radius around the VB-10,000 work barge during the 
vessel's transit within the Sector Jacksonville Captain of the Port 
Zone. While it is moored at Nassau Terminal, Fernandina Beach, FL, the 
saftey zone will encompass navigable waters within a 100 yard radius.
    (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 
safety 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.
    (d) Enforcement period. This section will be enforced from July 3, 
2020 through July 31, 2020, unless terminated sooner by the Sector 
Jacksonville Captain of the Port Zone.


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    Dated: June 30, 2020.
M.C. Reed,
Commander, U.S. Coast Guard, Captain of the Port Jacksonville, Acting.
[FR Doc. 2020-14788 Filed 7-7-20; 8:45 am]
BILLING CODE 9110-04-P