Rule2022-14021
Safety Zone; Savannah River 4th of July Fireworks Show, Savannah, GA
Primary source
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Published
June 30, 2022
Effective
July 4, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Savannah River around Savannah, GA for a July 4th Fireworks event. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by fallout from the July 4th Fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Savannah or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38991-38993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14021]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0138]
RIN 1625-AA00
Safety Zone; Savannah River 4th of July Fireworks Show, Savannah,
GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Savannah River around Savannah, GA for a July
4th Fireworks event. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
fallout from the July 4th Fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port (COTP) Savannah or a designated representative.
DATES: This rule is effective from 9 p.m. through 11 p.m., on July 4,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0138 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 LT Alex McConnell, of the Marine Safety Unit Savannah
Office of Waterways Management, Coast Guard, at telephone 912-652-4353,
extension 240, or via email at <a href="/cdn-cgi/l/email-protection#1c514f494f7d6a7d72727d74314b4b515c696f7f7b32717570"><span class="__cf_email__" data-cfemail="64293731370512050a0a050c4933332924111707034a090d08">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Doing so would be impracticable and contrary
to the public interest. Prompt action is needed to respond to the
potential safety hazards associated with a fireworks display on the
Savannah River, adjacent to a major shipping channel. The primary
justification for this action is that the Coast Guard received initial
notice of the event on June 1, 2022 regarding the event beginning on
July 4, 2022, and was further delayed in processing this temporary rule
due to technical problems related to conducting the environmental
review. The event would begin before the rulemaking process would be
completed. Therefore, the Coast Guard lacks sufficient time to provide
a reasonable comment period and then consider those comments before
issuing the rule. It would be impracticable and contrary to the public
interest to delay promulgating this rule, as it is necessary to protect
the safety of participants, spectators, and vessels transiting near the
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with a fireworks
display adjacent to a major shipping channel.
[[Page 38992]]
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 Savannah (COTP) has determined that
potential hazards associated with a fireworks display on the Savannah
River, near downtown Savannah, starting July 4, 2022 from 9 p.m. to 11
p.m. will be a safety concern for anyone within the area. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone during the July 4th Fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. through 11 p.m. on
July 4, 2022. The safety zone will cover all navigable waters in the
Savannah River adjacent to downtown Savannah. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by fallout from the July 4th Fireworks
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of 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 following
reasons: (1) the safety zone only being enforced for a total of two
hours; (2) although persons and vessels may not enter, transit through,
anchor in, or remain within the zone without authorization from the
COTP or a designated representative, they may operate in the
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the areas
during the enforcement period if authorized by the COTP or a designated
representative.
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 two hours that will prohibit entry within
certain navigable waters of the Savannah River. 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 Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions
[[Page 38993]]
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
Revision No. 01.2.
0
2. Add Sec. 165.T07-0138 to read as follows:
Sec. 165.T07-0138 Safety Zone; 4th of July Fireworks Show, Savannah
River, Savannah, GA.
(a) Location. The following area is a safety zone: All waters of
the Savannah River, from surface to bottom, bounded by a line drawn
from a point located at 32[deg]05'04'' N, 081[deg]05'46'' W, thence to
32[deg]05'10'' N, 081[deg]05'39'' W, thence to 32[deg]05'04'' N,
081[deg]05'30'' W, thence to 32[deg]04'57'' N, 081[deg]05'34'' 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 Savannah (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) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP Savannah by
telephone at (912) 247-0073, 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 regulated area
is granted by the COTP Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
(d) Enforcement period. This section will be enforced from 9 p.m.
until 11 p.m., on July 4, 2022.
Dated: June 27, 2022.
M.E. Keating,
Lieutanant Commander, U.S. Coast Guard, Acting Captain of the Port
Savannah.
[FR Doc. 2022-14021 Filed 6-29-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 30, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.