Rule2023-15444
Safety Zone; St. Johns River, Jacksonville, FL
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
July 20, 2023
Effective
July 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 138 (Thursday, July 20, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15444]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#10517e64787f7e693e5475517e77757c7f50656373773e7d797c"><span class="__cf_email__" data-cfemail="1b5a756f73747562355f7e5a757c7e77745b6e68787c35767277">[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
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 20, 2023.
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.