Safety Zone; West Passage Narragansett Bay, Jamestown, RI, 101889-101892 [2024-29802]
Download as PDF
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
information that may aid in establishing
patterns of suspicious activity.
4. 5 U.S.C. 552a(e)(4)(G) through (I)
and 5 U.S.C. 552a(f) require an agency
to publish the agency procedures
whereby individuals can be notified if
the system of records pertains to them,
how they can gain access to any record
pertaining to them in the system of
records and contest its content, and the
categories of sources of records in the
system. Exemption from these
requirements is appropriate because, as
noted above, this system is exempt from
the access and amendment provisions of
subsection (d).
Any records from another Treasury
system of records or another Executive
Branch agency’s system of records for
which an exemption is claimed under 5
U.S.C. 552a(j) or (k) that may also be
included in this system of records
retains the same exempt status as such
records have in the system for which
such exemption is claimed.
Regulatory Analysis
This rule is not a ‘‘significant
regulatory action’’ under Executive
Order 12866. Pursuant to the
requirements of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601 et
seq., it is hereby certified that this rule
will not have a significant economic
impact on a substantial number of small
entities. This rule, issued pursuant to 5
U.S.C. 552a(k), exempts certain
information maintained by Treasury in
the above-referenced systems of records
from certain provisions of the Privacy
Act. Small entities, as defined in the
RFA, are not provided rights under the
Privacy Act and are outside the scope of
this regulation.
The related information collections
have been submitted to the Office of
Management and Budget on July 8, 2024
under control number: 1505–0282.
List of Subjects in 31 CFR Part 1
Courts, Freedom of Information,
Government Employees, Privacy.
101889
For the reasons stated in the
preamble, part 1 of title 31 of the Code
of Federal Regulations is amended as
follows:
PART 1—DISCLOSURE OF RECORDS
1. The authority citation for part 1
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552, 552a, 553; 31
U.S.C. 301, 321; 31 U.S.C. 3717.
2. Amend § 1.36 by adding, in
alphanumeric order, entries for ‘‘DO
.413—Outbound Investment Security
Program Notification System’’ in table 8
to paragraph (e)(1)(ii) and table 11 to
paragraph (g)(1)(ii) to read as follows:
■
§ 1.36 Systems exempt in whole or in part
from provisions of the Privacy Act and this
part.
*
*
*
(e) * * *
(1) * * *
(ii) * * *
*
*
TABLE 8 TO PARAGRAPH (e)(1)(ii)
No.
Name of system
*
DO .413
*
*
*
*
*
*
*
*
*
Outbound Investment Security Program Notification System.
*
*
(g) * * *
(1) * * *
*
*
(ii) * * *
TABLE 11 TO PARAGRAPH (g)(1)(ii)
No.
Name of system
*
DO .413
*
*
*
*
*
*
Outbound Investment Security Program Notification System.
*
*
*
Dated: December 11, 2024.
Ryan Law,
Deputy Assistant Secretary for Privacy,
Transparency, and Records.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[FR Doc. 2024–29596 Filed 12–16–24; 8:45 am]
[Docket Number USCG–2024–0559]
BILLING CODE 4810–AK–P
ddrumheller on DSK120RN23PROD with RULES1
RIN 1625–AA00
Safety Zone; West Passage
Narragansett Bay, Jamestown, RI
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is amending
the current temporary safety zone in the
SUMMARY:
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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
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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
Nicholas.S.Easley@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ddrumheller on DSK120RN23PROD with RULES1
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
§ 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
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17:03 Dec 16, 2024
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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:
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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°31′43.7″ N 71°24′18.2″ W)
and south to Dutch Island (41°29′47.3″
N, 71°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
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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.
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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
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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
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101891
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
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101892
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations
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:
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]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
■
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
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.
Coast Guard
2. Revise and republish § 165.T01–
0559 to read as follows:
[Docket Number USCG–2024–0500]
§ 165.T01–0559 Safety Zone; West
Passage Narragansett Bay, Jamestown, RI.
Safety and Security Zones: Pilgrim
Nuclear Power Plant, Plymouth
Massachusetts
■
ddrumheller on DSK120RN23PROD with RULES1
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°31′43.7″ N
71°24′18.2″ W) and Dutch Island
(41°29′47.3″ N, 71°24′16.5″ W).
RIN 1625–AA00
(a) Location. The following area is a
safety zone: All waters within a 250yard 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°31′43.7″ N
71°24′18.2″ W) and Dutch Island
(41°29′47.3″ N, 71°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
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33 CFR Part 165
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is
disestablishing the existing safety and
security zone for Pilgrim Nuclear Power
Plant, Plymouth, Massachusetts. Since
the implementation of the regulation,
the facility has permanently ceased
power operations making the provisions
of the security zone no longer
applicable. The waterfront facility’s
safety and security zone will be
removed from all charts, publications,
and other navigational references. All
related private aids to navigational
marking the boundaries of the security
zone will also be removed.
DATES: This rule is effective January 16,
2025.
ADDRESSES: To view the documents
mentioned in the preamble as being
SUMMARY:
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available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0500 in the search box and click
‘‘Search’’ in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call,
or email Mr. Timothy Chase. Sector
Boston, Waterways Management
Division, U.S. Coast Guard; telephone
617–447–1620, email:
Timothy.w.chase@uscg.mil.
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
On January 9, 2024, Entergy Nuclear
Operation, Inc, notified the Coast Guard
that they had provided all the required
documentation for disestablishment to
the U.S. Nuclear Regulatory
Commission as per 10 CFR
50.82(a)(1)(i). Power operations have
ceased at the Pilgrim Nuclear Power
Station.
In response, on August 30, 2024, the
Coast Guard published a NPRM titled
‘‘Safety and Security Zones; Pilgrim
Nuclear Power Plant, Plymouth
Massachusetts’’ in the Federal Register
(89 FR 70587). There we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to Safety and Security Zones:
Pilgrim Nuclear Power Plant, Plymouth,
Massachusetts. During the comment
period that ended September 30, 2024,
we received three written submissions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034,
70051, and 70124. The Captain of the
Port Sector Boston Massachusetts
(COTP) has determined that
disestablishing the safety and security
zone cited in 33 CFR 165.115, Safety
and Security Zones: Pilgrim Nuclear
Power Plant, Plymouth Massachusetts,
by removing that section.
IV. Discussion of Comments, Changes,
and the Rule
As noted above the Coast Guard
received three written submissions on
our NPRM published on August 30,
2024. All three commenters were in
favor of our proposal, no Public
Meetings were requested or held. There
are no changes in the regulatory text of
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Agencies
[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.
-----------------------------------------------------------------------
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