Rule2024-01497
Safety Zone; Choctawhatchee Bay, 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
January 25, 2024
Effective
January 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Choctawhatchee Bay where unexploded ordnances were discovered and a moving safety zone around vessels relocating any unexploded ordnance from Choctawhatchee Bay to the Gulf of Mexico. The safety zone is needed to protect mariners from the hazards associated with unexploded ordnance clearance operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP), Sector Mobile, or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 17 (Thursday, January 25, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Rules and Regulations]
[Pages 4827-4829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01497]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0108]
RIN 1625-AA00
Safety Zone; Choctawhatchee Bay, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the
[[Page 4828]]
Choctawhatchee Bay where unexploded ordnances were discovered and a
moving safety zone around vessels relocating any unexploded ordnance
from Choctawhatchee Bay to the Gulf of Mexico. The safety zone is
needed to protect mariners from the hazards associated with unexploded
ordnance clearance operations. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port (COTP), Sector Mobile, or a designated representative.
DATES: This rule is effective without actual notice from January 25,
2024, through 11:59 p.m. on February 28, 2024. For the purposes of
enforcement, actual notice will be used from 1 p.m. on January 21,
2024, until January 25, 2024.
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-
2024-0108 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 LT Lawrence Schad, Waterways Management Division, U.S.
Coast Guard; telephone 251-382-8653, email
<a href="/cdn-cgi/l/email-protection#97c4f2f4e3f8e5faf8f5fefbf2e0f6e3f2e5e0f6eee4d7e2e4f4f0b9fafefb"><span class="__cf_email__" data-cfemail="abf8cec8dfc4d9c6c4c9c2c7cedccadfced9dccad2d8ebded8c8cc85c6c2c7">[email protected]</span></a>.
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
GICW Gulf Intracoastal Waterway
USACE U.S. Army Corps of Engineers
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
and contrary to public interest to delay the effective date of this
rule. Immediate action is needed to protect people and property on the
waterway from potential hazards associated with unexploded ordnance
operations on the waterway and enhance public and maritime safety. The
Coast Guard was unable to publish an NPRM due to the short time period
between the discovery of the unexploded ordnances and the need for the
Coast Guard to enforce a safety zone around unexploded ordnance
clearance operations. The unexploded ordnances were discovered by the
U.S. Army Corps of Engineers (USACE) on January 19, 2024. Specifically,
two separate ordnances were discovered. The operations include
detonating one of the ordnances where it is located and moving the
other ordnance to an undetermined location in the Gulf of Mexico where
the Coast Guard intends to establish a new permanent zone as needed.
Furthermore, delaying the effective date would be contrary to the
safety zone's intended objectives of enhancing maritime safety and
security while ensuring protection of people and property on the
navigable waterway.
Also, 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 to restrict
vessel traffic is needed to protect life and property and mitigate
potential maritime hazards involved with unexploded ordnance
operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that a safety zone is necessary for the
protection of persons and vessels from potential hazards associated
with unexploded ordnance operations.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
the Choctawhatchee Bay within a 900 yard radius of approximate position
30[deg]25'52.57314'' N, 86[deg]35'08.49867'' W, and a moving safety
zone within a 900 yard radius from any vessel involved with relocating
the unexploded ordnance upon leaving the area where the ordnance was
discovered until it is safely positioned in the disposal location.
Enforcement of this safety zone is from 1 p.m. on January 21, 2024,
until 11:59 p.m. on February 28, 2024. The duration of the zone is
intended to protect personnel, vessels, and ensure maritime safety and
security in these navigable waters during unexploded ordnance clearing
operations. 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, duration, and time-of-day of the safety
zone. This safety zone would be enforced for approximately six weeks
and prohibit vessel movement on a portion of the Choctawhatchee Bay and
a moving safety zone around relocating unexploded ordnances from the
Choctawhatchee Bay to the Gulf of Mexico. 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
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
[[Page 4829]]
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
safety zone lasting six weeks that will prohibit entry on a portion of
the Choctawhatchee Bay and a moving safety zone around a vessel
involved in relocating any unexploded ordnance from the Choctawhatchee
Bay to the Gulf of Mexico. 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.T08-0108 to read as follows:
Sec. 165.T08-0108 Safety Zone; Choctawhatchee Bay, FL.
(a) Location. The following area is a safety zone: All navigable
waters of the Choctawhatchee Bay within a 900 yard radius of
approximate position 30[deg]25'52.57314'' N, 86[deg]35'08.49867'' W,
and a moving safety zone 900 yards around any vessel involved with
relocating the unexploded ordnance upon leaving the area where the
ordnance was discovered until it is safely positioned in the disposal
location.
(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 Sector
Mobile Captain of the Port (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart D 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. No person may anchor, dredge, or
trawl in the safety zone unless authorized by the COTP or the COTP's
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative on VHF-CH 16. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 1 p.m.
on January 21, 2024, through 11:59 p.m. on February 28, 2024. The
enforcement period will be announced via marine broadcast, local notice
to mariners, or by an on-scene oral notice as appropriate.
Dated: January 21, 2024.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2024-01497 Filed 1-24-24; 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 January 25, 2024.
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.