Rule2023-19559
Safety Zone; Atlantic Ocean, Tybee Island, 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
September 12, 2023
Effective
September 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 175 (Tuesday, September 12, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19559]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#aaebc4dec2c5c4d384ef84e2cbd8d8c3d9eadfd9c9cd84c7c3c6"><span class="__cf_email__" data-cfemail="6e2f001a06010017402b40260f1c1c071d2e1b1d0d0940030702">[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 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]
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 September 12, 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.