[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51411-51413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20781]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0794]
RIN 1625-AA00


Safety Zone, Saint Simons Sound, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: On September 08, 2019, the Captain of the Port (COTP) Savannah 
issued an Emergency Safety Zone in response to the grounding/capsizing 
of the M/V GOLDEN RAY (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). This Emergency Safety Zone prohibited 
all vessels from approaching within 0.5 nautical miles of M/V GOLDEN 
RAY, unless authorized by the COTP. As of September 13, 2019, this 
Emergency Safety Zone remained in effect for all vessels of 500 GT and 
above. No vessels 500 GT and above were able to transit within 0.5 
nautical miles of the M/V GOLDEN RAY unless specifically authorized by 
the COTP. For all other vessels, the Emergency Safety Zone was enforced 
for 150 yards surrounding the site. No vessel could transit within 150 
yards of the M/V GOLDEN RAY unless specifically authorized by the COTP. 
As of September 19, 2019, USCG Captain of the Port Savannah has 
adjusted the safety zone surrounding the M/V GOLDEN RAY, so that no 
vessel is authorized access within 150 yards of the M/V GOLDEN RAY, 
unless authorized by the Captain of the Port. The previous safety zone 
established on September 12, 2019 is terminated.

DATES: This rule is effective without actual notice from September 30, 
2019 until no longer deemed necessary by the COTP Savannah. For the 
purposes of enforcement, actual notice will be used from September 19, 
2019 through September 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0794 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 MST1 Rachel Crowe, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone 912-652-4353, extension 
243, or email Rachel.M.Crowe@uscg.mil.

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 doing so would be impracticable due 
to the emergent situation. Immediate action is needed to respond to the 
potential safety hazards created by the M/V GOLDEN RAY. The Coast Guard 
received information on September 8, 2019 regarding the vessel laying 
over on its side and impeding the navigable channel. Because of the on-
going dangers posed by the grounded M/V GOLDEN RAY, this safety zone is 
necessary to provide for the safety of persons, vessels, and the marine 
environment in the incident area. Therefore, it is impracticable to 
delay promulgating this rule, as it is necessary to protect the safety 
of waterway users.
    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 M/V GOLDEN 
RAY.

[[Page 51412]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1233). The COTP Savannah has determined 
that potential hazards associated with the M/V GOLDEN RAY casualty, 
will be a safety concern for anyone transiting in the area. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone while salvage and response 
operations are on going.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 19, 2019 
surrounding the M/V GOLDEN RAY. No vessel is authorized access within 
150 yards of the M/V GOLDEN RAY, unless authorized by the Captain of 
the Port. The previous safety zone established on September 12, 2019 is 
terminated.

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 size, 
location, and hazards associated with the vessel, as well as the 
complexity of salvage and pollution response operations. The safety 
zone is limited in size and will cover all navigable waters within a 
150-yard radius of the M/V GOLDEN RAY for all vessels--a size necessary 
to ensure the safe operations of salvage and pollution response. No 
vessel is authorized access within 150 yards of the M/V GOLDEN RAY, 
unless authorized by the Captain of the Port. The Coast Guard will 
provide notification of the safety zone to the local maritime community 
by Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
marine channel 16, a Marine Safety Information Bulletin release, and an 
INMARSAT C message to NAVAREA IV. This notice allows mariners to make 
alternative plans or seek permission to transit 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 
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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 and Commandant Instruction M16475.1D, 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 lasting until the COTP Savannah determines the M/V GOLDEN 
RAY is no longer a hazard to the safety of persons and vessels 
transiting the area. It is categorically excluded from further review 
under paragraph L 60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures

[[Page 51413]]

5090.1. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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; 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.  2019-0794 to read as follows:


Sec.  2019-0794  Safety Zone; M/V GOLDEN RAY; Saint Simons Sound, GA.

    (a) Regulated area. The following areas are established as safety 
zones: All navigable waters within a 150-yard radius surrounding the M/
V GOLDEN RAY, which is, grounded in position 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. All 
coordinates are North American Datum 1983 (NAD 83).
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels or aircraft, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Savannah in 
the enforcement of the regulated areas.
    (c) Regulations. (1) No vessel is authorized access within 150 
yards of the M/V GOLDEN RAY, unless authorized by the Captain of the 
Port.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact COTP Savannah by 
telephone at (912) 652-4353, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization to 
enter, transit through, anchor in, or remain within the regulated area 
is granted by the COTP Savannah or a designated representative, 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 actual notice of the regulated 
area by Local Notice to Mariners, Broadcast Notice to Mariners, Marine 
Safety Information Bulletin, on-scene designated representatives, and 
an INMARSAT C message to NAVAREA IV.
    (e) Enforcement period. This section will be enforced starting 
September 19, 2019, and will be in effect until further notice.

    Dated: September 19, 2019.
Norm C. Witt,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2019-20781 Filed 9-27-19; 8:45 am]
 BILLING CODE 9110-04-P


