[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62461-62463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19559]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0709]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Tybee Island, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Savannah River during the Air National Guard F-
22A Raptor aircraft demonstration event. The safety zone is necessary 
to ensure the safety of persons, vessels, and the marine environment 
during the event. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Savannah or a designated representative.

DATES: This rule is effective from 10 a.m. through 1 p.m. on September 
13, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0709 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 Lieutenant Junior Grade Anthony Harris, Shoreside 
Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; telephone 
912-652-4353, 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 final 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 doing so would be impracticable and 
contrary to the public interest. The Coast Guard did not receive final 
details of the event until August 22, 2023, and the event is scheduled 
to take place on September 13, 2023. The event would begin before the 
rulemaking process would be completed. Because of the dangers posed by 
the aerial demonstration of the Air National Guard's F-22A Raptor 
aircraft, a safety zone is necessary without delay to ensure the safety 
of persons, vessels, and the marine

[[Page 62462]]

environment. It is impracticable and contrary to the public interest to 
delay this rule because it is necessary to protect personnel, vessels, 
and the marine environment from potential hazards created by the aerial 
demonstration of the F-22A Raptor aircraft.
    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 it is necessary to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the aerial demonstration of the F-22A Raptor aircraft.

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) Savannah has determined that 
potential hazards associated with the Air National Guard's aerial 
demonstration of the F-22A Raptor aircraft will be a safety concern for 
anyone located within Tybee Island and certain waters of the navigable 
waters of the Savannah River. This rule is necessary to ensure the 
safety of persons, vessels, and the marine environment during the Air 
National Guard's F-22A Raptor demonstration event.

IV. Discussion of the Rule

    This rule establishes a safety zone on on certain navigable waters 
located within the line connecting points beginning at 
31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to 31[deg]58'56.66'' 
N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73'' N, 
080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N, 080[deg]50'31.52'' 
W, and back to the beginning point, during the Air National Guard's 
aerial demonstration of the F-22A Raptor aircraft. The safety zone will 
be enforced from 10:00 a.m. to 1:00 p.m. on September 13, 2023. No 
person or vessel will be permitted to enter, transit through, anchor 
in, or remain within the safety zone without obtaining permission from 
the COTP or a designated representative. If authorization to enter, 
transit through, anchor in, or remain within the safety zone is granted 
by the COTP or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
COTP or a designated representative. The Coast Guard will provide 
notice of the safety zone by Broadcast Notice to Mariners, and/or by 
on-scene designated representatives.

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 location, 
duration, and time-of-day of the safety zone. This rule involves a 
safety zone that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable waters of the Atlantic Ocean during an aerial 
demonstration lasting three hours. Although persons and vessels may not 
enter, transit through, anchor in, or remain within the zone without 
authorization from the COTP or a designated representative, they will 
be able to safely transit around the safety zone. Moreover, the Coast 
Guard would 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 
would 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 
contact 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

[[Page 62463]]

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 
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 persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable waters of the Atlantic Ocean located within the line 
connecting points beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74'' 
W, thence to 31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to 
31[deg]59'5.73'' N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' 
N, 080[deg]50'31.52'' W, and back to the beginning point, during Air 
National Guard's aerial demonstration of the F-22A Raptor aircraft 
lasting three hours. 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 contact 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, 70124; 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.T07-0709 to read as follows:


Sec.  165.T07-0709  Safety Zone; Atlantic Ocean, Tybee Island, GA.

    (a) Location. The following regulated area is a safety zone: All 
waters of the Atlantic Ocean, located within the line connecting points 
beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to 
31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73'' 
N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N, 
080[deg]50'31.52'' W, and back to the beginning point. All coordinates 
are World Geodetic System 1984 (WGS 84).
    (b) Definition. 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 Savannah (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 described in paragraph (a) of this section unless 
authorized by the COTP or a designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact COTP by telephone at 
912-247-0073, or a designated representative via VHF 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 Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
to 1 p.m. on September 13, 2023.

    Dated: September 1, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-19559 Filed 9-11-23; 8:45 am]
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