Regulated Navigation Area; Saint Simons Sound, GA, 57820-57822 [2019-23539]

Download as PDF 57820 Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0803] RIN 1625–AA11 Regulated Navigation Area; Saint Simons Sound, GA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary regulated navigation area (RNA) for the navigable waters in Saint Simons Sound, GA, as set out in the regulatory text at the end of this document. Entry of vessels greater than 500 gross tons into this area is prohibited, unless specifically authorized by the Captain of the Port (COTP) Savannah. The RNA is needed to protect personnel, vessels, and the marine environment from potential hazards created by salvage and pollution response operations taking place near the grounded freight vessel GOLDEN RAY. DATES: This rule is effective without actual notice from October 29, 2019 through January 29, 2021. For the purposes of enforcement, actual notice will be used from September 19, 2019 through October 29, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0794 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Lauren Bloch, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone 912–652–4353, extension 232, or email Lauren.E.Bloch@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking RNA Regulated Navigation Area COTP Captain of the Port § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and VerDate Sep<11>2014 17:42 Oct 28, 2019 Jkt 250001 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 freight vessel GOLDEN RAY capsized and grounded in Saint Simons Sound, GA on September 8, 2019. Immediate action is needed to aid in the directing of vessel traffic through the Port of Brunswick in the vicinity of the M/V GOLDEN RAY. It is impracticable to publish an NPRM because we must establish this RNA by September 19, 2019. 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 is needed to respond to the potential hazards associated with operations in response to the M/V GOLDEN RAY casualty. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP Savannah has determined that an RNA is needed to allow vessels greater than 500 gross tons to transit safely through the area. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the RNA during salvage and pollution operations in response to the M/V GOLDEN RAY casualty. IV. Discussion of the Rule This rule establishes an RNA on September 19, 2019. The RNA will cover all navigable waters in Saint Simons Sound, GA bounded by a line drawn from a point located at 31°07′48.84″ N, 081°23′30.67″ W, thence to 31°07′29.38″ N, 081°23′37.15″ W, thence to 31°07′51.43″ N, 081°16′23.57″ W, thence to 31°08′07.28″ N, 081°24′48.08″ W, thence to 31°07′22.87″ N, 081°24′38.78″ W, thence to 31°07′40″ N, 081°25′01″ W. No vessel greater than 500 gross tons may enter the RNA without the prior approval of the COTP Savannah. Upon approval from the COTP each vessel will be provided an authorized timeframe to transit the RNA. Only one-way traffic is allowed through the RNA at all times. When PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 transiting through the RNA all vessels greater than 500 gross tons must have one assist tug, establish and maintain communications with the designated representative of the COTP via VHF–FM radio on channel 13, and not exceed a speed of 8 knots, unless greater speeds are required to maintain bare steerage. Any vessel unable to meet these operating limitations may, with good cause, seek authorization from the COTP Savannah to deviate from these requirements. The RNA is intended to protect personnel, vessels, and the marine environment in these navigable waters and provide a safe working environment for personnel and vessels responding to the M/V GOLDEN RAY casualty. 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the RNA size, location, notice, duration and provided exceptions. Vessel traffic will be able to safely transit through this RNA which would impact a small designated area of Saint Simons Sound, GA; the size and location of this RNA is limited to an area in the immediate vicinity of the grounded M/V GOLDEN RAY. The Coast Guard will provide mariners notice of the RNA through a Broadcast Notice to Mariners via VHF–FM radio channel 16. Additionally, the RNA is limited in duration. It will remain in effect until the COTP Savannah determines the M/V GOLDEN RAY is no longer a hazard to the safety of persons and vessels transiting the area. Lastly, this RNA will allow vessels to seek permission from the COTP to enter the area. E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations 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 RNA 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 VerDate Sep<11>2014 17:42 Oct 28, 2019 Jkt 250001 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. If you believe this rule has implications for federalism or Indian tribes, please call or email 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 Directive 023–01 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 an RNA for the navigable waters in Saint Simons Sound, GA bounded by a line drawn from a point located at 31°07′48.84″ N, 081°23′30.67″ W, thence to 31°07′29.38″ N, 081°23′37.15″ W, thence to 31°07′51.43″ N, 081°16′23.57″ W, thence to 31°08′07.28″ N, 081°24′48.08″ W, thence to 31°07′22.87″ N, 081°24′38.78″ W, thence to 31°07′40″ N, 081°25′01″ W. It is categorically excluded from further review under paragraph L[60a] in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 57821 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 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T07–0803 to read as follows: ■ § 165.T07–0803 Regulated navigation area; Saint Simons Sound, GA. (a) Location. The following area is a regulated navigation area (RNA): All navigable waters of Saint Simons Sound, GA bounded by a line drawn from a point located at 31°07′48.84″ N, 081°23′30.67″ W, thence to 31°07′29.38″ N, 081°23′37.15″ W, thence to 31°07′51.43″ N, 081°16′23.57″ W, thence to 31°08′07.28″ N, 081°24′48.08″ W, thence to 31°07′22.87″ N, 081°24′38.78″ W, thence to 31°07′40″ N, 081°25′01″ W. All coordinates are North American Datum 1983 (NAD 83). (b) Definition. As used in this section, designated representative of the Captain of the Port Savannah (COTP) is any Coast Guard commissioned, warrant or petty officer, or federal, state, local agency, who has been designated by the COTP Savannah to assist in the patrol or enforcement of the regulated area. (c) Regulations. In addition to the general RNA regulations in § 165.13, the regulations in paragraphs (c)(1) through (8) of this section apply to the RNA described in paragraph (a) of this section. (1) All vessels greater than 500 gross tons intending to transit through the RNA must seek prior approval from the COTP Savannah at least 24-hours in advance of the vessel’s arrival to, or departure from, the Port of Brunswick. The COTP Savannah can be contacted via telephone at 614–943–5532. The COTP Savannah’s designated representative can be contacted on VHF–FM radio channel 13. Upon E:\FR\FM\29OCR1.SGM 29OCR1 57822 Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations approval to enter the RNA, the COTP Savannah will provide an approved timeframe a vessel may enter the RNA. (2) Only one-way traffic is authorized within the RNA at all times. (3) All vessels greater than 500 gross tons must obtain one assist tug while transiting within the RNA. (4) All vessels greater than 500 gross tons must check in with the designated representative via VHF–FM Channel 13 prior to transiting within the RNA and maintain communications with the designated representative while transiting through the RNA. (5) While transiting within the RNA all vessels greater than 500 gross tons may not exceed a speed of 8 knots, unless greater speeds are required to maintain bare steerage. (6) Any vessel unable to meet these operating limitations may, upon showing good cause, seek authorization from the COTP Savannah to deviate from the requirements in this section. (7) The operator of any vessel transiting in RNA must comply with all lawful directions given by the COTP or the COTP’s designated representative. (8) The inland navigation rules in 33 CFR subchapter E remain in effect within the RNA and must be followed at all times. Dated: September 19, 2019. Eric C. Jones, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2019–23539 Filed 10–28–19; 8:45 am] BILLING CODE 9110–04–P Local agency 40 CFR Part 52 [EPA–R09–OAR–2019–0147; FRL–10001– 32–Region 9] Air Plan Approval; California; Calaveras County Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Calaveras County Air Pollution Control District (CCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns reporting of emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NOX) in ozone nonattainment areas. We are approving a local rule that applies to certain emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on November 29, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2019–0147. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. SUMMARY: Rule No. CCAPCD ........ 513 17:42 Oct 28, 2019 Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105. By phone: (415) 972–3848 or by email at levin.nancy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action The CCAPCD is a ‘‘Marginal’’ nonattainment area for the 2008 and 2015 ozone national ambient air quality standards (NAAQS). CAA section 182(a)(3)(B)(i) requires states with ozone nonattainment areas to require certified emission statements from stationary sources of VOC and NOX. Pursuant to this requirement, the EPA proposed to approve the following rule submitted by the CCAPCD into the California SIP on May 8, 2019 (84 FR 20071). Rule title Adopted Source Recordkeeping and Emission Statement ........................................... Rule 513 requires the owner or operator of any stationary source that emits or may emit VOC or NOX to provide the District Air Pollution Control Officer with a certified, written emissions statement showing actual emissions or operational data allowing the District to estimate actual emissions from that source. We proposed to approve this rule because we determined that it complies with the relevant CAA requirements. We approved an earlier version of Rule 513, then numbered Rule 408 ‘‘Source Recordkeeping and Reporting,’’ into the SIP on May 11, 1977 (42 FR 23804). Our proposed action contains more information on the rule and our evaluation. VerDate Sep<11>2014 ENVIRONMENTAL PROTECTION AGENCY Jkt 250001 II. Public Comments and EPA Responses The EPA’s proposed action provided a 30-day public comment period that closed on June 7, 2019. During this period, we received two comments. One comment supported the proposed action, and the EPA does not provide a response to this comment. The remaining comment is summarized below, with the EPA response: Comment: The commenter states that the EPA should not approve the rule because it does not require recordkeeping retention. The commenter states that New Source Performance Standard (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) rules require a 5-year record retention period, and that guidance documents we reference say that records should be PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 06/26/2018 Submitted 11/21/2018 kept for five years. Commenter cites a prior version of the proposed rule that required a 2-year record retention period. Response: Generally, the EPA requires records retention periods for certain types of rules (such as NSPS and NESHAP) so that an inspector can review records at a later date if any compliance issues arise with required emission limits, control measures, or test methods. For example, if a landfill facility claimed to have been complying with the Municipal Solid Waste Landfill NSPS (40 CFR part 60, subpart WWW) in the last 5 years by routing all of its collected gas to a control system designed and operated to reduce nonmethane organic compounds E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57820-57822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23539]



[[Page 57820]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0803]
RIN 1625-AA11


Regulated Navigation Area; Saint Simons Sound, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA) for the navigable waters in Saint Simons Sound, 
GA, as set out in the regulatory text at the end of this document. 
Entry of vessels greater than 500 gross tons into this area is 
prohibited, unless specifically authorized by the Captain of the Port 
(COTP) Savannah. The RNA is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by salvage and 
pollution response operations taking place near the grounded freight 
vessel GOLDEN RAY.

DATES: This rule is effective without actual notice from October 29, 
2019 through January 29, 2021. For the purposes of enforcement, actual 
notice will be used from September 19, 2019 through October 29, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0794 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Lauren Bloch, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone 912-652-4353, extension 
232, or email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
COTP Captain of the Port
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 freight vessel GOLDEN RAY 
capsized and grounded in Saint Simons Sound, GA on September 8, 2019. 
Immediate action is needed to aid in the directing of vessel traffic 
through the Port of Brunswick in the vicinity of the M/V GOLDEN RAY. It 
is impracticable to publish an NPRM because we must establish this RNA 
by September 19, 2019.
    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 is needed to 
respond to the potential hazards associated with operations in response 
to the M/V GOLDEN RAY casualty.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Savannah has determined 
that an RNA is needed to allow vessels greater than 500 gross tons to 
transit safely through the area. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the RNA during salvage and pollution operations in response to 
the M/V GOLDEN RAY casualty.

IV. Discussion of the Rule

    This rule establishes an RNA on September 19, 2019. The RNA will 
cover all navigable waters in Saint Simons Sound, GA bounded by a line 
drawn from a point located at 31[deg]07'48.84'' N, 081[deg]23'30.67'' 
W, thence to 31[deg]07'29.38'' N, 081[deg]23'37.15'' W, thence to 
31[deg]07'51.43'' N, 081[deg]16'23.57'' W, thence to 31[deg]08'07.28'' 
N, 081[deg]24'48.08'' W, thence to 31[deg]07'22.87'' N, 
081[deg]24'38.78'' W, thence to 31[deg]07'40'' N, 081[deg]25'01'' W. No 
vessel greater than 500 gross tons may enter the RNA without the prior 
approval of the COTP Savannah. Upon approval from the COTP each vessel 
will be provided an authorized timeframe to transit the RNA. Only one-
way traffic is allowed through the RNA at all times. When transiting 
through the RNA all vessels greater than 500 gross tons must have one 
assist tug, establish and maintain communications with the designated 
representative of the COTP via VHF-FM radio on channel 13, and not 
exceed a speed of 8 knots, unless greater speeds are required to 
maintain bare steerage. Any vessel unable to meet these operating 
limitations may, with good cause, seek authorization from the COTP 
Savannah to deviate from these requirements.
    The RNA is intended to protect personnel, vessels, and the marine 
environment in these navigable waters and provide a safe working 
environment for personnel and vessels responding to the M/V GOLDEN RAY 
casualty.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the RNA size, 
location, notice, duration and provided exceptions. Vessel traffic will 
be able to safely transit through this RNA which would impact a small 
designated area of Saint Simons Sound, GA; the size and location of 
this RNA is limited to an area in the immediate vicinity of the 
grounded M/V GOLDEN RAY. The Coast Guard will provide mariners notice 
of the RNA through a Broadcast Notice to Mariners via VHF-FM radio 
channel 16. Additionally, the RNA is limited in duration. It will 
remain in effect until the COTP Savannah determines the M/V GOLDEN RAY 
is no longer a hazard to the safety of persons and vessels transiting 
the area. Lastly, this RNA will allow vessels to seek permission from 
the COTP to enter the area.

[[Page 57821]]

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 
RNA 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email 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 
Directive 023-01 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 an RNA for the navigable waters in 
Saint Simons Sound, GA bounded by a line drawn from a point located at 
31[deg]07'48.84'' N, 081[deg]23'30.67'' W, thence to 31[deg]07'29.38'' 
N, 081[deg]23'37.15'' W, thence to 31[deg]07'51.43'' N, 
081[deg]16'23.57'' W, thence to 31[deg]08'07.28'' N, 081[deg]24'48.08'' 
W, thence to 31[deg]07'22.87'' N, 081[deg]24'38.78'' W, thence to 
31[deg]07'40'' N, 081[deg]25'01'' W. It is categorically excluded from 
further review under paragraph L[60a] in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures.

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; 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 Sec.  165.T07-0803 to read as follows:


Sec.  165.T07-0803   Regulated navigation area; Saint Simons Sound, GA.

    (a) Location. The following area is a regulated navigation area 
(RNA): All navigable waters of Saint Simons Sound, GA bounded by a line 
drawn from a point located at 31[deg]07'48.84'' N, 081[deg]23'30.67'' 
W, thence to 31[deg]07'29.38'' N, 081[deg]23'37.15'' W, thence to 
31[deg]07'51.43'' N, 081[deg]16'23.57'' W, thence to 31[deg]08'07.28'' 
N, 081[deg]24'48.08'' W, thence to 31[deg]07'22.87'' N, 
081[deg]24'38.78'' W, thence to 31[deg]07'40'' N, 081[deg]25'01'' W. 
All coordinates are North American Datum 1983 (NAD 83).
    (b) Definition. As used in this section, designated representative 
of the Captain of the Port Savannah (COTP) is any Coast Guard 
commissioned, warrant or petty officer, or federal, state, local 
agency, who has been designated by the COTP Savannah to assist in the 
patrol or enforcement of the regulated area.
    (c) Regulations. In addition to the general RNA regulations in 
Sec.  165.13, the regulations in paragraphs (c)(1) through (8) of this 
section apply to the RNA described in paragraph (a) of this section.
    (1) All vessels greater than 500 gross tons intending to transit 
through the RNA must seek prior approval from the COTP Savannah at 
least 24-hours in advance of the vessel's arrival to, or departure 
from, the Port of Brunswick. The COTP Savannah can be contacted via 
telephone at 614-943-5532. The COTP Savannah's designated 
representative can be contacted on VHF-FM radio channel 13. Upon

[[Page 57822]]

approval to enter the RNA, the COTP Savannah will provide an approved 
timeframe a vessel may enter the RNA.
    (2) Only one-way traffic is authorized within the RNA at all times.
    (3) All vessels greater than 500 gross tons must obtain one assist 
tug while transiting within the RNA.
    (4) All vessels greater than 500 gross tons must check in with the 
designated representative via VHF-FM Channel 13 prior to transiting 
within the RNA and maintain communications with the designated 
representative while transiting through the RNA.
    (5) While transiting within the RNA all vessels greater than 500 
gross tons may not exceed a speed of 8 knots, unless greater speeds are 
required to maintain bare steerage.
    (6) Any vessel unable to meet these operating limitations may, upon 
showing good cause, seek authorization from the COTP Savannah to 
deviate from the requirements in this section.
    (7) The operator of any vessel transiting in RNA must comply with 
all lawful directions given by the COTP or the COTP's designated 
representative.
    (8) The inland navigation rules in 33 CFR subchapter E remain in 
effect within the RNA and must be followed at all times.

    Dated: September 19, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-23539 Filed 10-28-19; 8:45 am]
 BILLING CODE 9110-04-P