Rule2024-24932
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
October 28, 2024
Effective
October 28, 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 disposal location. The safety zones are 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 Sector Mobile (COTP), or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85432-85433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24932]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0391]
RIN 1625-AA00
Safety Zone; Choctawhatchee Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: 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
disposal location. The safety zones are 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 Sector Mobile
(COTP), or a designated representative.
DATES: This rule is effective without actual notice from October 28,
2024 through 11:59 p.m. on December 31, 2024. For the purposes of
enforcement, actual notice will be used from 1 p.m. on October 22,
2024, until October 28, 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-
2024-0391 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 MSTC Stacy Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 251-382-8653, email
<a href="/cdn-cgi/l/email-protection#ecbf898f98839e81838e8580899b8d98899e9b8d959fac999f8f8bc2818580"><span class="__cf_email__" data-cfemail="cf9caaacbba0bda2a0ada6a3aab8aebbaabdb8aeb6bc8fbabcaca8e1a2a6a3">[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
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final 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. It is impracticable to
publish an NPRM because we must establish this safety zone by October
22, 2024, and lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
Publishing an NPRM is contrary to public interest because immediate
action is needed to protect people and property on the waterway from
potential hazards associated with unexploded ordnance operations.
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 is contrary to public interest because it would delay the
safety measures necessary to respond to potential safety hazards
associated with the 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 Captain of the Port Sector Mobile (COTP) has determined that
the safety zones are necessary for the protection of persons and
vessels from potential hazards associated with the unexploded ordnance
operations.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone on certain
navigable waters of the Choctawhatchee Bay within a 5,000 foot radius
of approximate position 30[deg]25'38.1'' N, 86[deg]33'32.5'' W, and a
moving safety zone within a 600 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. The safety zones will be enforced from 1 p.m. on October 22,
2024, until 11:59 p.m. on December 31, 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 zones 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 stationary
safety zone will be enforced for approximately 11 weeks or less and
prohibit vessel movement on a portion of the Choctawhatchee Bay and a
moving safety zone around relocating unexploded ordnances to the
disposal location. Moreover, the Coast Guard will issue on scene actual
notice via VHF-FM marine channel 16 about the zone, and the rule allows
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
[[Page 85433]]
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 affects 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 eleven weeks or less 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 to the disposal
location. 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
Marine safety, Navigation (water), Reporting, recordkeeping
requirements, and 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, 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.T08-0391 to read as follows:
Sec. 165.T08-0391 Safety Zone; Choctawhatchee Bay, FL.
(a) Location. The following area is a safety zone: All navigable
waters of the Choctawhatchee Bay within a 5,000 foot radius of
approximate position 30[deg]25'38.1'' N, 86[deg]33'32.5'' W, and a
moving safety zone 600 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 C of this part, you may not enter the safety zones 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 zones 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 zones 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 subject to enforcement
from 1 p.m. on October 22, 2024, through 11:59 p.m. on December 31,
2024. The enforcement period will be announced via on-scene actual
notice via VHF-FM marine channel 16.
Dated: October 21, 2024.
M.O. Vega,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2024-24932 Filed 10-25-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 28, 2024.
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