[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Rules and Regulations]
[Pages 52335-52337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18290]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0062]
RIN 1625-AA00


Safety Zone, Saint Simons Sound, GA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing an existing temporary safety zone 
which was put in place in response to the grounding of the M/V GOLDEN 
RAY. Salvage operations pertaining to the M/V GOLDEN RAY have 
concluded, therefore a safety zone is no longer required.

DATES: This rule is effective September 26, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0062 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MSTC Ashley Schad, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard, 912-652-4188 extension 242, or email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
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

    On September 19, 2019, an emergency safety zone was put into place 
to protect vessels using the waterway from response and salvage 
operations pertaining to the capsizing of the M/V GOLDEN RAY. On 
January 25, 2022, the Unified Command in charge of the M/V GOLDEN RAY 
response and salvage operations notified the Captain of the Port (COTP) 
Marine Safety Unit Savannah that salvage operations were concluded, 
therefore the safety zone in Saint Simons Sound is no longer required. 
On March 31, 2022, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled, ``Safety Zone, Saint Simons Sound, GA \1\'' 
proposing to remove the regulation in 33 CFR 165.T07-0794, ``Safety 
Zone M/V Golden Ray; Saint Simons Sound.'' During the comment period 
that ended May 2, 2022, we received 0 comments.
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    \1\ 87 FR 18753.
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III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTPPort Savannah has determined that a safety zone 
previously established for the response to the M/V GOLDEN RAY incident 
is no longer required.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on the NPRM that published 
on March 31, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule.

[[Page 52336]]

    This rule dissestablishes the temporary safety zone in Sec.  
165.T07-0794 which is located at 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, near Saint 
Simons Sound, GA.

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. 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).
    This regulatory action determination is based on waterway usage and 
the temporary nature of the previously established safety zone. While 
the temporary safety zone that we are removing was in place for more 
than two years, it was never intended to be permanent. There were many 
obstructions and hazards in the waterway, including the M/V GOLDEN RAY, 
other artificial obstructions that were used in its salvage, and the 
associated pollution prevention measures. These obstructions created a 
necessity for the temporary safety zone, but the obstructions have been 
removed, therefore there is no longer a need for the temporary safety 
zone. The temporary safety zone is now removed, and all waterway users 
regain unrestricted access to the waterway.

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 received 00 comments from the Small Business 
Administration on this rulemaking. 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.
    This rule does not have a significant economic impact on any vessel 
owner or operator as full access to the waterway is reestablished and 
would not prevent any vessel from entering the previously established 
safety zone.
    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 
removing a previously established temporary safety zone. Normally such 
actions are categorically excluded from further review under paragraph 
L(60b) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. It is categorically excluded from further review under 
paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.

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:

[[Page 52337]]

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, 
Revision No. 01.2.


Sec.  165.T07-0794  [Removed]

0
2. Remove Sec.  165.T07-0794.

    Dated: August 16, 2022.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port Savannah, GA.
[FR Doc. 2022-18290 Filed 8-24-22; 8:45 am]
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