[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70593-70595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22595]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0838]
RIN 1625-AA00


Safety Zone; Saint Thomas, USVI

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 within a 0.25 nautical miles radius around the Motor 
Vessel (M/V) BONNIE G grounded near the coast of Saint Thomas, U.S.V.I. 
This action is necessary to protect personnel, vessels, and the marine 
environment from potential hazards created by the M/V BONNIE G 
grounding. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port San Juan.

DATES: This temporary final rule is effective without actual notice 
from October 12, 2023 through October 20, 2023. For the purposes of 
enforcement, actual notice will be used from October 6, 2023 until 
October 12, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0838 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 about this rule, 
call or email Lieutenant Commander Carlos M. Ortega-Perez, Waterways 
Management Division Chief, U.S. Coast Guard; telephone 787-729-2380, 
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 TFR because doing so would be impracticable. The 
M/V BONNIE G grounded near the coast of Saint Thomas, U.S.V.I, and 
immediate action is needed to respond to the potential safety hazards 
associated with the emergency response and salvage operations. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by October 6, 2023.
    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 safety hazards associated with the emergency 
response and salvage operations.

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 San Juan (COTP) has determined that 
there are potential hazards associated with the response and salvage 
operations regarding the M/V BONNIE G grounding. There will be a safety 
concern for anyone within a 0.25 nautical miles radius around the M/V 
BONNIE G grounded near the coast of Saint Thomas, U.S.V.I. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone during response and salvage 
operations.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain waters of the 
Caribbean Sea off the coast of Saint Thomas, U.S.V.I. The safety zone 
will be enforced from October 6, 2023 through October 20, 2023. The 
safety zone will cover all navigable waters within 0.25 nautical miles 
radius of 18[deg]19'27'' N 64[deg]58'25'' W, the current location of 
the M/V BONNIE G. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the Owning company of the vessel completes their salvage 
plan.
    No person or vessel will be permitted to enter, transit through, 
anchor in, or remain within the safety zone without first 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).

[[Page 70594]]

    This regulatory action determination is based on following reasons: 
(1) the temporary safety zone will only be enforced for 15 consecutive 
days and may be removed earlier if the response and salvage operations 
are completed prior October 20, 2023; (2) although persons and vessels 
may not enter, transit through, anchor in, or remain within the safety 
zone without authorization from the COTP or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the areas during the enforcement 
period if authorized by the COTP or a designated representative.

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. 
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 .25 
nautical mile perimeter safety zone, lasting the duration of response 
and salvage operations or a maximum of 15 consecutive days and thus 
limited in scope. This zone will prohibit entry while in effect. It is 
categorically excluded from further review under paragraph L60(d) 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

    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.T07-0838 to read as follows:


Sec.  165.T07-0838  Safety Zone; Saint Thomas, U.S.V.I.

    (a) Location. The following area is a safety zone: All waters of 
the Caribbean Sea off the coast of Saint Thomas, U.S.V.I, from surface 
to bottom, that are within a 0.25 nautical mile radius of 
18[deg]19'27'' N 64[deg]58'25'' W, the current location of the M/V 
BONNIE G, from surface to bottom.
    (b) Definitions. As used in this section, the term ``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 (COTP) San Juan in the enforcement of 
the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering,

[[Page 70595]]

transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the COTP San Juan or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP San Juan 
by telephone at (787) 289-2041, 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 San Juan or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 6 a.m. 
until 6 p.m. on October 6, 2023, through October 20, 2023.

    Dated: October 6, 2023.
Jos[eacute] E. D[iacute]az,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2023-22595 Filed 10-11-23; 8:45 am]
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