[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46689-46691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15444]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0565]
RIN 1625-AA00


Safety Zone; St. Johns River, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Atlantic Ocean and the St. Johns River around 
the Motor Vessel (M/V) ZHENG HOU 28. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by the transit of the heavy lift vessel through the St. 
John's River. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port, Sector 
Jacksonville or designated representative.

DATES: This temporary interim rule is effective without actual notice 
from July 20, 2023, through 11:59 p.m. on May 31, 2024. For the 
purposes of enforcement, actual notice will be used from 12:01 a.m. on 
July 16, 2023 July 20, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0565 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 Marine Science Technician First Class Anthony DeAngelo, 
Waterways Management division, U.S. Coast Guard; telephone 904-714-
7631, 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

    The Coast Guard is issuing this temporary interim 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 temporary interim rule 
because doing so would be impracticable. This safety zone must be 
established by July 16,2023, in order to protect vessels and waterway 
users from the potential hazards associated with the transit of a large 
vessel carrying oversized gantry cranes.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary interim rule effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this temporary interim rule would be contrary to the public 
interest because immediate action is needed to ensure the protection of 
vessels and waterway users in during the transit of the vessel, and 
during the offload and installation of the cranes.
    We are soliciting comments on this rulemaking. If we determine that 
changes to this rulemaking action are necessary, the Coast Guard will 
consider comments received in a subsequent temporary interim rule or 
temporary final rule.

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 Sector Jacksonville (COTP) has 
determined that potential hazards associated with the transit of the 
Motor Vessel (M/V) ZHENG HOU 28, and during the offloading of its 
cargo, and their installation onto the port. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the vessel is within the St. John's 
River.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:01 a.m. on July 16, 
2023 until 11:59 p.m. on December 31, 2023. A moving and fixed 
temporary safety zone will be established for the vessel M/V ZHENG HOU 
28. The moving safety zone will cover all navigable waters of the 
Atlantic Ocean and the St. Johns River within a 100-yard diameter of 
the vessel from the time the vessel passes the St. Johns River Sea 
Buoy, until the vessel is moored at Blount Island. The fixed safety 
zone will cover all navigable waters of the St. Johns River, within 25 
yards of the vessel, while it is moored at Blount Island. The duration 
of the safety zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the vessel is within 
the limits of the St. John's River. 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The size of the safety zone 
is small, as it only covers a limited area of the St. John's River and 
Atlantic Ocean, immediately surrounding the vessel. Further the zone 
shrinks even further once the vessel is moored at Blount Island, FL. 
The duration of the zone is intended to ensure the safety of vessels 
through the duration of the vessel's inbound and

[[Page 46690]]

transit and offload. 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 
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 
moving temporary safety zone within 100-yard diameter safety zone of 
the vessel M/V ZHENG HOU 28 and a fixed temporary safety zone within 25 
yards of the vessel, while it is moored at Blount Island. 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0565 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this temporary interim rule for 
alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
temporary interim rule as being available in the docket, find the 
docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. Public 
comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. Also, if you click on the Dockets tab and 
then the temporary interim rule, you should see a ``Subscribe'' option 
for email alerts. The option will notify you when comments are posted, 
or a final rule is published.
    We review all comments received, but we will only post comments 
that address the topic of the temporary interim rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive.

[[Page 46691]]

    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 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. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0565 to read as follows:


Sec.  165.T07-0565  Transit of the M/V ZHENG HOU 28, St. John's River, 
FL.

    (a) Location. The following areas are temporary safety zones:
    (1) All waters of the Atlantic Ocean and the St. John's River, FL, 
from surface to bottom, that are within 100 yards when the vessel M/V 
ZHENG HOU 28 is transiting inbound from the St. Johns River Sea Buoy, 
until it is moored to Blount Island.
    (2) All waters of the St. John's River, FL, from surface to bottom 
to within 25 yards of the vessel M/V ZHENG HOU 28, while the vessel is 
moored to Blount Island, FL.
    (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 a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Jacksonville (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by 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.
    (d) Enforcement period. This section will be enforced from 12:01 
a.m. on July 16, 2023 through 11:59 p.m., on December 31, 2023.

    Dated: July 14, 2023.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-15444 Filed 7-17-23; 4:15 pm]
BILLING CODE 9110-04-P