[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52620-52622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21685]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0737]
RIN 1625-AA00
Safety Zone; Unexploded Ordnance Removal, Vero Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the waters of
the Atlantic Ocean for the removal of unexploded ordnance located east
of Vero Beach. There will be a zone approximately 2.6 nautical mile
wide along the beach extending due east for approximately 2.3 nautical
miles, in Vero Beach, Florida. This safety zone will be in effect from
August 10th through September 4, 2015. This safety zone will only be
enforced while operations are being conducted. The safety zone is
necessary to protect the public from hazards associated with removal of
the unexploded ordnance. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone during operations unless authorized by the Captain of the
Port Miami or a designated representative.
DATES: This rule is effective without actual notice from September 1,
2015 until September 4, 2015. For the purposes of enforcement, actual
notice will be used from August 10, 2015 until September 1, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0737 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Benjamin Colbert, U.S. Coast Guard;
telephone 305-535-4317, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Ms.
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this 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 the Coast Guard did not receive
notice of this event until late July and there is an immediate need to
remove hazards presented by unexploded ordinance. Any delay in the
effective date of this rule would be unnecessary and contrary to the
public interest because immediate action is needed to minimize
potential danger to the public from this operation.
We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making it effective less
than 30 days after publication in the Federal Register for the same
reasons described above.
III. Legal Authority and Need for Rule
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to provide for the safety of life on
navigable waters during the removal and disposition of unexploded
ordnance.
IV. Discussion of the Final Rule
From August 10, 2015 to September 4, 2015, the Army Corp of
Engineers will be removing and disposing unexploded ordnance off the
coast of Vero Beach, Florida.
A safety zone will encompass certain waters of the Atlantic Ocean
in Vero Beach, Florida. The safety zone will be effective beginning
12:01 a.m. on August 10, 2015 through 11:59 p.m. on September 4, 2015
unless cancelled sooner by the Captain of the Port. The safety zone
will be enforced while operations associated with the removal and
disposition of the unexploded ordnance are ongoing. Weather conditions
may inhibit ordinance removal operations; as a result, exact
enforcement times cannot be identified at this time. The USCG and other
Law Enforcement agencies will have vessels on-scene to enforce this
rule. The safety zone will encompass all waters of the Atlantic Ocean
from Windward Way to Seaway Court extending east for 2.3 nautical
miles, in Vero Beach, Florida. All persons and vessels are prohibited
from entering, transiting through, anchoring in, or remaining within
this regulated area.
Persons and vessels may request authorization to enter the safety
zone by contacting the Captain of the Port Miami by telephone at 305-
535-4472, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative. The Coast Guard will provide
notice of the safety zone by Broadcast Notice to Mariners, and on-scene
designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of
[[Page 52621]]
harmonizing rules, and of promoting flexibility. This rule has not been
designated a ``significant regulatory action,'' under E.O. 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The economic impact of this rule is not significant for the
following reasons: (1) This safety zone will be enforced during
operations related to the removal and disposition of the unexploded
ordnance; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding areas during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone during the
enforcement period if authorized by the Captain of the Port Miami or a
designated representative; (4) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Broadcast Notice to Mariners and on-scene representatives.
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.
This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within the safety zone during the
respective enforcement period. For the reasons discussed in the
Regulatory Planning and Review Section above, this rule will not have a
significant economic impact on a substantial number of small entities.
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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 the creation of a safety zone. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction.
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, and 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0737 to read as follows:
Sec. 165.T07-0737 Safety Zone; Unexploded Ordnance Removal, Vero
Beach, FL.
(a) Regulated area. The following regulated area is established as
a safety zone: All waters starting at point 1 in position
27[deg]37'00'' N. 80[deg]20'40'' W.; thence east to point 2 in position
27[deg]36'05'' N. 80[deg]17'55'' W.; thence south to point 3 in
position 27[deg]34'51'' N. 80[deg]17'55'' W.; thence west to point 4 in
position 27[deg]34'07'' N. 80[deg]19'28'' W.; thence northwest back to
origin.
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(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone without authorization from the Captain of the Port Miami or
a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact the Captain of the
Port Miami by telephone at 305-535-4472, or a designated representative
via VHF radio on channel 16. If authorization to enter, transit
through, anchor in, or remain within a safety zone is granted by the
Captain of the Port Miami or a designated representative, all persons
and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Miami or a designated
representative.
(3) The Coast Guard will provide notice of the safety zone by
Broadcast Notice to Mariners and on-scene designated representatives.
(d) Effective date. This rule is effective from 12:01 a.m. on
August 10, 2015 through 11:59 a.m. on September 4, 2015 unless
cancelled sooner by the Captain of the Port. This rule will be enforced
while operations associated with ordinance removal are in progress.
Dated: August 10, 2015.
A. J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-21685 Filed 8-31-15; 8:45 am]
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