[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36431-36434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14417]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0245]
RIN 1625-AA00
Safety Zone; Inbound Transit of M/V TEAL, Savannah River;
Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the M/V TEAL during its inbound transit on the Savannah River to
the Georgia Ports Authority, Garden City Terminal Container Berth 8
(CB8). This safety zone facilitates the safe transit and offload of
four oversized ship to shore (STS) cranes. The moving safety zone will
transition to a temporary fixed safety zone when the M/V TEAL moors to
CB8. This regulation is necessary to protect life and property on the
navigable waters of the Savannah River due to the hazards associated
with the transport of these oversized cranes and offloading operations.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port (COTP) Savannah or a designated representative.
DATES: This rule will be enforced with actual notice from 5 a.m. on
June 5, 2013, until June 18, 2013. This rule is effective in the Code
of Federal Regulations from June 18, 2013 until 7:30 p.m. on June 24,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0245. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Clayton P. Rennie, Marine Safety Unit
Savannah Office of Waterways Management, Coast Guard; telephone (912)
652-4353 ext 200, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
CB8 Container Berth 8
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
STS Ship to Shore
A. Regulatory History and Information
The Coast Guard is issuing this 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 it is impracticable. The Coast Guard
did not receive notice of the transit until there was insufficient time
remaining to undertake notice and comment. Publishing an NPRM and
delaying its effective date would be impracticable because immediate
action is needed to protect the M/V TEAL and other vessels and mariners
from the hazards associated with the transit and offloading operations
of four STS cranes to CB8.
Under 5 U.S.C. 553(d)(3), for the same reasons as above, 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 would be impracticable and contrary to the public
interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116
[[Page 36432]]
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
The Coast Guard is establishing this temporary moving safety zone
to facilitate the safe transit of the M/V TEAL and four STS cranes on
the Savannah River. The large STS cranes pose a danger to other vessels
that may meet or attempt to overtake the M/V TEAL in the narrow
waterway of the Savannah River.
The purpose of the rule is to ensure the safety of life and vessels
on a navigable waterway of the United States during the M/V TEAL
transit and operations.
C. Discussion of the Final Rule
The moving safety zone will cover all waters of the Savannah River
one nautical mile ahead and astern of the M/V TEAL. During the vessel's
inbound transit, no other vessel may meet, pass, or overtake the M/V
TEAL, unless authorized by the COTP Savannah or a designated
representative.
The moving safety zone will become a fixed safety zone when the M/V
TEAL moors to CB8 at approximate position 32[deg]08.23' N,
81[deg]08.52' W. The fixed safety zone will extend over the water 500
yards around the M/V TEAL. No person or vessel will be allowed to
transit the safety zone during crane offloading operations, unless
authorized by the COTP Savannah or a designated representative.
Entry into the safety zone is prohibited for all vessels unless
specifically authorized by the COTP Savannah or a designated
representative. U.S. Coast Guard assets or designated representatives
will enforce this safety zone, and coordinate vessel movements into the
zone when safe to minimize the zone's impact on vessel movements.
Persons or vessels desiring to enter, transit through, anchor in, or
remain within the safety zones may contact the Captain of the Port
Savannah by telephone at (912) 652-4353, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the safety zone
is granted by the Captain of the Port Savannah or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Savannah
or a designated representative. The Coast Guard will provide notice of
the safety zones by Broadcast Notice to Mariners, and on-scene
designated representatives.
Due to fluctuations in the M/V TEAL's transit schedule, the time of
arrival and 14 to 16 day duration needed to unload the cranes are based
upon the best available information known at the time this rule was
drafted. Therefore, this rule is effective from 5 a.m. (EST) on June 5,
2013 until 7 p.m. (EST) on June 24, 2013, however it will only be
enforced upon the commencement of the M/V TEAL's inbound transit and
remain in effect until all cranes have been offloaded. The COTP
Savannah or a designated representative will inform the public through
broadcast notice to mariners of the enforcement periods for this safety
zone.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: this safety zone will only be enforced during the
in-bound transit of the M/V TEAL on the Savannah River and while the M/
V TEAL is moored at CB8. Once all STS cranes have been offloaded from
the M/V TEAL the safety zone will be terminated. The transit of the M/V
TEAL is expected to take 4 to 6 hours.
The Coast Guard has notified the Georgia Ports Authority and
Savannah Pilots Association of the needs, conditions, and effective
dates and times of the safety zone so that they may schedule arriving
and departing vessels that may be affected by this safety zone to
minimize shipping delays. The presence of moored vessels is not
expected to impede the safe in-bound transit of the M/V TEAL, and
sufficient channel width is anticipated while the M/V TEAL is moored so
that other vessels may transit through the area. Additionally, there
are only two waterfront facilities upriver of CB8 and there are no
known vessels scheduled to moor at these facilities while this
regulation is in effect.
Notifications of the enforcement periods of this safety zone will
be made to the marine community through broadcast notice to mariners.
Representatives of the COTP will be on-scene to coordinate the
movements of vessels seeking to enter the safety zone. These
representatives will authorize vessel transits into the zone to the
maximum safely allowable during the M/V TEAL's transit.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Savannah River while M/V TEAL is transiting in-bound on the
Savannah River and while moored at CB8. This safety zone will not have
a significant economic impact on a substantial number of small entities
for the following reasons: (1) The COTP Savannah may consider granting
vessels permission to enter into the moving safety zone if conditions
allow for such transit to be conducted safely, (2) all vessels may
transit through the fixed safety zone when crane offloading operations
are not in progress, and (3) the Coast Guard will issue a broadcast
notice to mariners informing the public of the safety zone.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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
[[Page 36433]]
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 the creation of a temporary safety
zone. This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.t07-0245 to read as follows:
Sec. 165.t07-0245 Safety Zone; Inbound transit of M/V TEAL Savannah
River, Savannah, GA.
(a) Regulated Area. The following areas are safety zones:
(1) Moving Safety Zone. The moving safety zone will cover all
waters of the Savannah River one nautical mile ahead and astern of the
M/V TEAL.
(2) Fixed Safety Zone. All waters of the Savannah River within 500
yards in all directions around the M/V TEAL while moored at approximate
position 32[deg]08.23' N, 81[deg]08.52' W.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zones unless authorized by the Captain of the Port Savannah or a
designated representative.
(2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zones may contact the Captain of the
Port Savannah by telephone at (912) 652-4353, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners and on-scene designated representatives.
(e) Effective period. This rule is effective from 5 a.m. on June 5,
2013 until 7 p.m. on June 24, 2013.
[[Page 36434]]
Dated: May 20, 2013.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2013-14417 Filed 6-17-13; 8:45 am]
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