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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101889-101892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29802]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0559]
RIN 1625-AA00

Safety Zone; West Passage Narragansett Bay, Jamestown, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is amending the current temporary safety zone 
in the vicinity of the West Passage Narraganset Bay, Jamestown, RI, in 
two ways. First, we are extending the effective period by 30 days to 
January 31, 2025. Second, by updating the name of the cable laying 
vessel. The temporary safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
cable laying operations being conducted. When enforced, entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port, Sector Southeastern New England.

DATES: 
    Effective date: This temporary interim rule is effective from 
December 17, 2024

[[Page 101890]]

through 11:59 p.m. on January 31, 2025. The rule will only be subject 
to enforcement while the Cable Laying Vessel SKAGERRAK or the J.F. 
Brennan construction barge #4132 are engaged in cable preparation and 
cable laying operations.
    Comments due date: Comments and related material must be received 
by the Coast Guard on or before January 16, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0559 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 MST2 Nicholas Easley, Sector Southeastern New England, 
U.S. Coast Guard; telephone 206-827-4160, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
TIR Temporary interim rule
U.S.C. United States Code

II. Background Information and Regulatory History

    This temporary interim rule (TIR) amends the current temporary 
safety zone in the vicinity of the West Passage Narraganset Bay, 
Jamestown, RI. An earlier TIR published on August 29, 2024, established 
the first safety zone regulation for that waterway in 33 CFR 165.T01-
0559 (89 FR 70100).
    The Coast Guard is issuing this temporary rule under the 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 doing so would be 
impracticable and contrary to the public interest. The recently changed 
details of the project were not known to the Coast Guard in sufficient 
time to publish an NPRM. Delaying the effective date of this rule to 
wait for a comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public and vessels from the hazards associated with the 
cable laying process. The expeditious implementation of this rule is in 
the public interest because it will help ensure the safety of 
personnel, waterway users, and the marine environment.
    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 prompt action is needed to 
respond to the potential safety hazards associated with the cable 
installation being conducted by the cable laying vessel SKAGERRAK and 
the J.F. Brennan construction barge #4132.
    Although the first regulation was published as an interim rule 
without prior notice, public comment was nevertheless desirable to 
ensure that the regulation is both workable and reasonable. No comments 
were received during a 30-day comment period that ended September 30, 
2024. Accordingly, an additional 30-day comment period for this 
temporary interim rule will allow persons wishing to comment to do so 
by submitting written comments as set out under ADDRESSES in this 
preamble. Commenters should include their names and addresses, identify 
the docket number for the regulation, and give reasons for their 
comments. If the Coast Guard determines that changes to the temporary 
interim rule are necessary, we will publish a temporary final rule or 
other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. The Captain of the Port Sector Southeastern New England 
(COTP) has determined that potential hazards associated with the cable 
installation that started on September 1, 2024, will be a safety 
concern for anyone within a 250-yard radius of the cable laying vessel 
SKAGERRAK and the J.F. Brennan construction barge #4132. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the cable installation is 
being conducted.

IV. Discussion of the Rule

    The Coast Guard is making the following amendments to the current 
temporary safety zone in the vicinity of the West Passage Narraganset 
Bay, Jamestown, RI, for cable laying operations:
    i. We are extending the rule for an additional 30 days to allow for 
delays and a change to the process to the cable laying operations. The 
existing safety zone was effective until 11:59 p.m. December 31, 2024. 
The 30-day extension will now be effective until 11:59 p.m. on January 
31, 2024. While the safety zone will be effective through this period, 
it will only be enforced during active submerged cable laying 
operations or other instances which may create a hazard to navigation.
    ii. We are changing the name of the vessel that will be engaged in 
the cable laying operations. The existing safety zone was for the 
MARMAC 306 cable laying barge. The Coast Guard is establishing a safety 
zone that will cover all navigable waters within 250 yards of the barge 
cable laying vessel SKAGERRAK and the J.F. Brennan construction barge 
#4132 while they are engaged in cable laying operations in the vicinity 
of the West Passage Narraganset Bay, Jamestown, RI, between the 
Jamestown Verrazzano Bridge (41[deg]31'43.7'' N 71[deg]24'18.2'' W) and 
south to Dutch Island (41[deg]29'47.3'' N, 71[deg]24'16.5'' W). During 
times of enforcement, all persons or vessels would be prohibited from 
entering the safety zone without permission from the COTP or a 
designated representative. If cable laying operations and associated 
operations are completed before 11:59 p.m. on January 31, 2025, 
enforcement of the safety zone will be suspended, and notice given via 
Broadcast Notice to Mariners.
    These amendments are being made to maintain safe navigation in the 
project area and to prevent accidental or intentional damage to persons 
or property on the work site.

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

[[Page 101891]]

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. Vessel traffic 
will be able to safely transit around the safety zone which would 
impact a 250-yard radius around the cable laying vessel SKAGERRAK and 
the J.F. Brennan construction barge #4132 while engaged in cable laying 
operations. The Coast Guard will 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 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 only during the hours of operation of the cable 
laying vessel SKAGERRAK and J.F. Brennan construction barge #4132, that 
will prohibit entry within 250 yards of vessels and machinery being 
used by personnel to install the cable. It is categorically excluded 
from further review under paragraph L60a 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. If we determine that changes to the temporary interim rule are 
necessary, the Coast Guard will publish a temporary final rule or other 
appropriate document. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0559 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click

[[Page 101892]]

on the Dockets tab and then the proposed rule, you should see a 
``Subscribe'' option for email alerts. The option will notify you when 
comments are posted, or a final rule is published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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. Revise and republish Sec.  165.T01-0559 to read as follows:

Sec.  165.T01-0559  Safety Zone; West Passage Narragansett Bay, 
Jamestown, RI.

    (a) Location. The following area is a safety zone: All waters 
within a 250-yard radius of cable laying vessel Skagerrak and the J.F. 
Brennan construction barge #4132 while operating in West Passage 
Narraganset Bay, Jamestown, RI, between Jamestown Verrazzano Bridge 
(41[deg]31'43.7'' N 71[deg]24'18.2'' W) and Dutch Island 
(41[deg]29'47.3'' N, 71[deg]24'16.5'' W).
    (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 
Captain of the Port Sector Southeastern New England (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 zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM radio channel 16 or phone at 508-457-3211. 
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 is effective from 12:01 a.m. 
on December 17, 2024, through 11:59 p.m. on Friday, January 31, 2025. 
The safety zone described in paragraph (a) of this section will only be 
subject to enforcement while the cable laying vessel SKAGERRAK and the 
J.F. Brennan construction barge #4132 are engaged in cable laying 
operations in West Passage Narraganset Bay, Jamestown, RI, between 
Jamestown Verrazzano Bridge (41[deg]31'43.7'' N 71[deg]24'18.2'' W) and 
Dutch Island (41[deg]29'47.3'' N, 71[deg]24'16.5'' W).

Y. Moon,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2024-29802 Filed 12-16-24; 8:45 am]
BILLING CODE 9110-04-P
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