[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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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