Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South Portland, ME, 65200-65203 [2024-17914]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 65200 Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations equal access to the services, programs, and activities provided by a public entity. Many commenters encouraged the Department to establish more explicit and specific requirements for training. Commenters provided a variety of suggestions for what these requirements should be, including certification; training by the manufacturers of accessible MDE; periodic ‘‘refresher’’ training; and training on additional topics, such as the maintenance of accessible MDE, appointment scheduling and booking accessible MDE, attitudinal barriers, implicit bias, ableism, disability culture, disability history, providing care to individuals with disabilities, transfer support and practice, the use of lifts, plain language, effective communication, and reasonable modifications. One commenter suggested that the Department should withhold Federal funding if certain training is not conducted. Many commenters stated that people with disabilities should be involved in training so that public entities are able to draw from individuals’ lived experiences. In response to the Department’s request for comments on the costs of programs for ensuring qualified staff, a few commenters stated that the cost of training would be minimal, especially in comparison to the cost of an injury to individuals with disabilities or personnel. These commenters stated that proper training reduces the number of injuries to individuals with disabilities and staff, ultimately reducing costs for covered entities. After considering all of these comments, the Department declines to impose more specific requirements in § 35.213. Training, including training on the topics commenters suggested, will often be the most effective way to for public entities to ensure compliance with the entity’s obligations under subpart I of this part. Training developed in consultation with, or provided by, individuals with disabilities may be particularly effective. And the Department appreciates commenters’ views that training may ultimately reduce costs. However, the Department believes it is important to provide public entities with flexibility to determine how they will comply with the qualified staff requirement. Appropriate methods for meeting this requirement may differ for small health care providers as opposed to large hospital systems, for example. The Department has therefore decided not to mandate one specific process or curriculum that all public entities must follow to comply with § 35.213. Several commenters suggested steps the Department could take to assist covered entities in complying with this requirement and the other requirements set forth in subpart I of this part. Suggestions included providing additional guidance, technical assistance, training, and financial resources. Some commenters also suggested that the Department collaborate with manufacturers to provide instructions on how to use accessible MDE or encourage covered entities to request instructions during procurement. The Department notes that it has already provided some technical assistance.50 If 50 See, e.g., U.S. Dep’t of Just., Civ. Rts. Div., Access to Medical Care for Individuals with VerDate Sep<11>2014 16:41 Aug 08, 2024 Jkt 262001 public entities would find it helpful to seek additional information from MDE manufacturers or vendors, the Department encourages entities to do so. As noted in the discussion of § 35.211(c), the Department does not currently operate a grant program to assist public entities in complying with the ADA. The Department will, however, continue to consider what additional guidance, technical assistance, or training it can provide that will assist regulated entities in complying with their obligations under subpart I of this part. Public Comments on Other Issues in Response to NPRM The Department received comments on a variety of other issues in response to the NPRM. Several commenters recommended that the Department prescribe specific steps that all entities must take in order to carry out the primary requirements in subpart I of this part, such as employing scheduling and reservation systems; maintaining and publishing lists of accessible inventory, including the location of such equipment; reimbursing patients for transportation costs to accessible facilities; using certain staff-topatient ratios; having staff take notes on each patient’s needs and the patient’s level of understanding; providing communication access in American Sign Language and Braille; using patient lifts or transfer teams; and offering scales and health monitoring tools for home use to patients with transportation difficulties. Another commenter suggested that entities subcontract with disability groups to test MDE that the entities have purchased. Some commenters also suggested that the Department issue guidance on various topics. While the Department appreciates commenters’ thoughtful suggestions, the Department declines to prescribe that public entities must take these specific steps in order to carry out the requirements in subpart I of this part. The Department intends to instead give public entities and members of the public clarity about the requirements in subpart I of this part, while also giving public entities flexibility in determining how best to carry out those requirements based on their individual circumstances. Public entities may find that many of the approaches recommended in the comments summarized in the preceding paragraph will enable them to carry out the requirements in subpart I of this part. The Department will also consider providing additional guidance to public entities about how to comply with subpart I of this part. Commenters also expressed concern that people with disabilities are not involved in decisions associated with their care, in general. One commenter suggested that all policies about people with disabilities should be formed in consultation with an advisory council of people with a range of disabilities. The Department agrees that it is important to involve people with disabilities in decisions involving the creation and implementation of disability-related rules and policies. Indeed, Mobility Disabilities (June 26, 2020), https:// www.ada.gov/resources/medical-care-mobility/ [https://perma.cc/UH8Y-NZWL]. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 the technical standards that the Department is adopting were created by the Access Board, a coordinating body that includes 13 members of the public, most of whom are required to have a disability in order to be appointed to the Access Board.51 The Department has also carefully considered comments on the NPRM from many members of the public who self-identified as having a disability. In addition, individuals with disabilities can file a complaint with the Department or file a private lawsuit if a public entity fails to carry out its title II obligations. Given the existing mechanisms to solicit feedback and receive complaints about implementation from individuals with disabilities, the Department declines to create an advisory council in connection with this part. The Department also received a comment suggesting that it regularly review and update accessibility standards to reflect technological advancements and the evolving needs of individuals with disabilities. Executive Order 13563 already requires the Department to review its regulations periodically to determine whether they should be modified, streamlined, expanded, or repealed.52 Further, section 510 of the Rehabilitation Act requires the Access Board, in consultation with the Food and Drug Administration, to periodically review and, as appropriate, amend the MDE standards.53 Therefore, a separate mechanism for reviewing the effectiveness of this part is not necessary. Finally, the Department received a few comments asking that it make the MDE Standards enforceable against title III entities. As noted in section II.A of the preamble to the final rule (‘‘Statutory and Rulemaking Overview’’), the Department will continue to consider issues concerning MDE under title III. The Department will also continue to consider further rulemaking on this topic. However, title III entities are not the subjects of this rulemaking. Dated: July 26, 2024. Merrick B. Garland, Attorney General. [FR Doc. 2024–16889 Filed 8–8–24; 8:45 am] BILLING CODE 4410–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0711] RIN 1625–AA00 Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South Portland, ME AGENCY: Coast Guard, DHS. 51 U.S. Access Board, About the U.S. Access Board, https://www.access-board.gov/about/ [https://perma.cc/L9N7-56YV]. 52 E.O. 13563, sec. 6, 3 CFR, 2011 Comp., p. 215. 53 29 U.S.C. 794f(c). E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations ACTION: Temporary final rule. The Coast Guard is establishing a temporary moving safety zone on the navigable waters between Harpswell, ME and South Portland, ME. This safety zone will surround the M/ V JACOB PIKE, once refloated, and dead ship towed from Harpswell, ME though Casco Bay to Turner Island Marine Rail located on the Fore River in South Portland, ME. The safety zone will extend 200-yards on all sides of the M/ V JACOB PIKE during the dead ship tow transit. Vessels and people are prohibited from entering this safety zone. DATES: This rule is effective without actual notice from August 9, 2024 through August 31, 2024. For the purposes of enforcement, actual notice will be used from August 6, 2024, until August 9, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0711 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 on this rule, call or email MSTC Zachary Wetzel, Sector Northern New England, U.S. Coast Guard; telephone 207–808–9137, email NNEWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations ddrumheller on DSK120RN23PROD with RULES1 CFR Code of Federal Regulations COTP Captain of the Port Sector Northern New England DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule M/V Motor Vessel II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 specifics details concerning the salvage operations VerDate Sep<11>2014 16:41 Aug 08, 2024 Jkt 262001 associated with the M/V JACOB PIKE and the subsequent transit to a facility were not received in time to publish an NPRM and seek comments before the subject transit. Publishing an NPRM and delaying the effective date of this rule to await public comments would be impracticable and contrary to the public interest since it would inhibit the Coast Guard’s ability to fulfill its statutory missions to protect the safety of the public, and vessels transiting the waters of the Casco Bay during the dead ship movement of the M/V JACOB PIKE. 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 impractical because immediate action is needed to minimize the potential safety hazards associated with the salvage and dead ship movement of the M/V JACOB PIKE. III. Legal Authority and Need for Rule Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Northern New England (COTP) has determined that potential hazards associated with the salvage recovery and dead ship movement of the M/V JACOB PIKE will be a safety concern for anyone within 200-yards radius of the M/V JACOB PIKE and any towing vessel supporting the operation. This rule is needed to protect personnel, vessels, and the marine environment during the salvage operation and during the dead ship movement of the M/V JACOB PIKE from its location in Harpswell, ME, along its route to Turner Island Marine Rail located in South Portland, ME. IV. Discussion of the Rule This rule establishes a temporary safety zone August 6, 2024, through August 31, 2024, however the zone will only be enforced while the M/V JACOB PIKE, an 83-foot wooden sardine carrier which sank early this year, is dead ship towed. The moving 200-yard safety zone will be established for the M/V JACOB PIKE and all towing vessels supporting its operations during transit from Harpswell, ME though Casco Bay to Turner Island Marine Rail located on the Fore River in South Portland, ME. Salvage operations are expected to begin August 6, 2024, and take three days. Once the M/V JACOB PIKE is raised the dead ship tow transit is anticipated to take eight hours. The salvage date and dead ship tow transit is tentative and subject to change due to weather or other unforeseen circumstances. The Coast Guard is proposing this rule remain effective through August 31, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 65201 2024, in case the salvage operation is delayed due to weather or other unforeseen circumstances. The COTP will issue a Broadcast Notice to Mariners via marine channel 16 (VHF– FM) of the exact date and times in advance of the enforcement period to the local maritime community. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the dead ship movement of M/V JACOB PIKE while transiting the Casco Bay area. No vessel or person will be permitted to enter the safety zone 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 Executive Order 12866. 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. The zone is limited in size, location, and duration as it will cover a portion of navigable waters off Harpswell, ME, Casco Bay, and the Fore River in South Portland, ME within a 200-yard radius of the vessel M/V JACOB PIKE and any towing vessels supporting the operation. The zone is limited in scope as vessel traffic may be able to safely transit around this safety zone and vessels may seek permission from the COTP to enter the zone. The zone is limited in duration in that it will be enforced for approximately three days surrounding salvage operations and another eight hours for the dead ship tow transit. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the safety 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 E:\FR\FM\09AUR1.SGM 09AUR1 65202 Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations 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). ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:41 Aug 08, 2024 Jkt 262001 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 temporary safety zone that will move and prohibit entry within a 200-yard radius around the recovery of the M/V JACOB PIKE and its dead ship tow from Harpswell, ME to South Portland, ME. This zone is expected to last approximately eight-hours during the dead ship tow movement. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. A Record of PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 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, 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. 2. Add § 165.T01–0711 to read as follows: ■ § 165.T01–0711 Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South Portland, ME. (a) Location. The following area is a safety zone: The moving safety zone will include all navigable waters off Harpswell, ME, Casco Bay, and the Fore River in South Portland, ME, within a 200-yard radius of the vessel M/V JACOB PIKE and all towing vessels supporting its operations, while transiting to Turner Island Marine Rail located in South Portland, ME. (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 Northern 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. E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules and Regulations (2) To seek permission to enter, contact the COTP or the COTP’s representative by VHF–FM radio channel 16 or phone at 833–449–2407. 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 noon on Tuesday, August 6, 2024, through 11:59 p.m. on Saturday, August 31, 2024. The safety zone will be enforced while M/V JACOB PIKE and all towing vessels supporting its operations are transiting, until safely moored at Turner Island Marine Rail, South Portland, ME. Dated: August 5, 2024. Matthew S. Baker, Captain, U.S. Coast Guard, Captain of the Port Northern New England. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0714] RIN 1625–AA00 Safety Zone, Lake Erie, Cleveland, OH Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for certain navigable waters of Lake Erie offshore of Edgewater Beach in Cleveland, Ohio. This action is necessary to provide for the safety of the swimming event participants on these waters during the Tri CLE Rock and Roll Run, to be held on August 17 and 18, 2024. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Eastern Great Lakes, or a designated representative. DATES: This rule is effective from 10 a.m. on August 17, 2024, through 10:30 a.m. on August 18, 2024, with enforcement periods of 10 a.m. through 1:30 p.m. on August 17, 2024, and 4 a.m. through 10:30 a.m. on August 18, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0714 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:41 Aug 08, 2024 Jkt 262001 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History [FR Doc. 2024–17914 Filed 8–8–24; 8:45 am] ACTION: If you have questions about this rule, call or email Cody Mayrer at Marine Safety Unit Cleveland’s Waterways Management Division, U.S. Coast Guard; telephone 216–937–0111, email D09-SMB-MSUCLEVELAND-WWM@ uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard is issuing this temporary 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 this annual event requires a temporary location change from the usual event site and prompt action is required to establish the safety zone in order to ensure the safety of swimming event participants. 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 because this annual event requires a temporary location change from the usual event site and prompt action is required to establish the safety zone in order to ensure the safety of swimming event participants. 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 Eastern Great Lakes (COTP) has determined that a safety zone is required to ensure the safety of participants and the navigable waters within the course of the swimming portion of the triathlon before, during, and after the scheduled marine event. IV. Discussion of the Rule The COTP is establishing a temporary safety zone from 10:00 a.m. on August 17, 2024, through 10:30 a.m. on August 18, 2024, with enforcement periods of 10 a.m. through 1:30 p.m. on August 17, PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 65203 2024, and 4 a.m. through 10:30 a.m. on August 18, 2024. The safety zone would cover all navigable waters and tributaries of Lake Erie offshore Edgewater Beach and immediately adjacent waters in Cleveland, OH. The boundaries of the safety zone form a rectangle with the four corners of the polygon located in the following positions: (1) 41°29′15.76″ N, 081°44′46.34″ W; (2) 41°29′27.96″ N, 081°44′49.87″ W; (3) 41°29′31.98″ N, 081°44′24.01″ W, (4) 41°29′27.46″ N, 081°44′22.51″ W. The duration of the zone is intended to ensure the safety of participants in these navigable waters before, during, and after the swim portion of the Tri CLE Rock Roll Run triathlon. No vessel or person would be permitted to enter the safety zone 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 size, location, and duration of rule. This safety zone would restrict navigation for a relatively small area near Edgewater Beach for the swimming area for 3.5 hours on August 17, 2024, and 6.5 hours on August 18, 2024. 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 E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Pages 65200-65203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17914]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0711]
RIN 1625-AA00


Safety Zone; M/V JACOB PIKE Dead Ship Tow, Harpswell, ME to South 
Portland, ME

AGENCY: Coast Guard, DHS.

[[Page 65201]]


ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on the navigable waters between Harpswell, ME and South Portland, ME. 
This safety zone will surround the M/V JACOB PIKE, once refloated, and 
dead ship towed from Harpswell, ME though Casco Bay to Turner Island 
Marine Rail located on the Fore River in South Portland, ME. The safety 
zone will extend 200-yards on all sides of the M/V JACOB PIKE during 
the dead ship tow transit. Vessels and people are prohibited from 
entering this safety zone.

DATES: This rule is effective without actual notice from August 9, 2024 
through August 31, 2024. For the purposes of enforcement, actual notice 
will be used from August 6, 2024, until August 9, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0711 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 on this rule, 
call or email MSTC Zachary Wetzel, Sector Northern New England, U.S. 
Coast Guard; telephone 207-808-9137, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
M/V Motor Vessel

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 specifics details concerning the salvage 
operations associated with the M/V JACOB PIKE and the subsequent 
transit to a facility were not received in time to publish an NPRM and 
seek comments before the subject transit. Publishing an NPRM and 
delaying the effective date of this rule to await public comments would 
be impracticable and contrary to the public interest since it would 
inhibit the Coast Guard's ability to fulfill its statutory missions to 
protect the safety of the public, and vessels transiting the waters of 
the Casco Bay during the dead ship movement of the M/V JACOB PIKE.
    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 impractical because immediate action is needed to 
minimize the potential safety hazards associated with the salvage and 
dead ship movement of the M/V JACOB PIKE.

III. Legal Authority and Need for Rule

    Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Northern New England (COTP) has 
determined that potential hazards associated with the salvage recovery 
and dead ship movement of the M/V JACOB PIKE will be a safety concern 
for anyone within 200-yards radius of the M/V JACOB PIKE and any towing 
vessel supporting the operation. This rule is needed to protect 
personnel, vessels, and the marine environment during the salvage 
operation and during the dead ship movement of the M/V JACOB PIKE from 
its location in Harpswell, ME, along its route to Turner Island Marine 
Rail located in South Portland, ME.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone August 6, 2024, 
through August 31, 2024, however the zone will only be enforced while 
the M/V JACOB PIKE, an 83-foot wooden sardine carrier which sank early 
this year, is dead ship towed. The moving 200-yard safety zone will be 
established for the M/V JACOB PIKE and all towing vessels supporting 
its operations during transit from Harpswell, ME though Casco Bay to 
Turner Island Marine Rail located on the Fore River in South Portland, 
ME. Salvage operations are expected to begin August 6, 2024, and take 
three days. Once the M/V JACOB PIKE is raised the dead ship tow transit 
is anticipated to take eight hours. The salvage date and dead ship tow 
transit is tentative and subject to change due to weather or other 
unforeseen circumstances. The Coast Guard is proposing this rule remain 
effective through August 31, 2024, in case the salvage operation is 
delayed due to weather or other unforeseen circumstances. The COTP will 
issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) of 
the exact date and times in advance of the enforcement period to the 
local maritime community. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the dead ship movement of M/V JACOB PIKE while transiting 
the Casco Bay area. No vessel or person will be permitted to enter the 
safety zone 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 Executive Order 12866. 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. The zone is 
limited in size, location, and duration as it will cover a portion of 
navigable waters off Harpswell, ME, Casco Bay, and the Fore River in 
South Portland, ME within a 200-yard radius of the vessel M/V JACOB 
PIKE and any towing vessels supporting the operation. The zone is 
limited in scope as vessel traffic may be able to safely transit around 
this safety zone and vessels may seek permission from the COTP to enter 
the zone. The zone is limited in duration in that it will be enforced 
for approximately three days surrounding salvage operations and another 
eight hours for the dead ship tow transit. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the safety 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

[[Page 65202]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 
temporary safety zone that will move and prohibit entry within a 200-
yard radius around the recovery of the M/V JACOB PIKE and its dead ship 
tow from Harpswell, ME to South Portland, ME. This zone is expected to 
last approximately eight-hours during the dead ship tow movement. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule. 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

    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. Add Sec.  165.T01-0711 to read as follows:


Sec.  165.T01-0711  Safety Zone; M/V JACOB PIKE Dead Ship Tow, 
Harpswell, ME to South Portland, ME.

    (a) Location. The following area is a safety zone: The moving 
safety zone will include all navigable waters off Harpswell, ME, Casco 
Bay, and the Fore River in South Portland, ME, within a 200-yard radius 
of the vessel M/V JACOB PIKE and all towing vessels supporting its 
operations, while transiting to Turner Island Marine Rail located in 
South Portland, ME.
    (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 Northern 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.

[[Page 65203]]

    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM radio channel 16 or phone at 833-449-2407. 
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 noon on 
Tuesday, August 6, 2024, through 11:59 p.m. on Saturday, August 31, 
2024. The safety zone will be enforced while M/V JACOB PIKE and all 
towing vessels supporting its operations are transiting, until safely 
moored at Turner Island Marine Rail, South Portland, ME.

    Dated: August 5, 2024.
Matthew S. Baker,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2024-17914 Filed 8-8-24; 8:45 am]
BILLING CODE 9110-04-P
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