Rule2022-18290
Safety Zone, Saint Simons Sound, GA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2022
Effective
September 26, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#5f1e2c37333a267112710c3c373e3b1f2a2c3c3871323633"><span class="__cf_email__" data-cfemail="5213213a3e372b7c1f7c01313a333612272131357c3f3b3e">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.