Rule2022-23945
Safety Zone; Head of the South Regatta, Savannah River, Augusta, GA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 4, 2022
Effective
November 11, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Savannah River near Augusta, GA for the Head of the South Regatta. This temporary safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the rowing regatta. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Savannah or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Pages 66550-66552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23945]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0880]
RIN 1625-AA00
Safety Zone; Head of the South Regatta, Savannah River, Augusta,
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 near Augusta, GA for the Head of
the South Regatta. This temporary safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the rowing regatta. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Savannah or a designated representative.
DATES: This rule is effective from noon until 5 p.m. on November 11,
2022 through November 12, 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-
2022-0880 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
notification of enforcement, call or
[[Page 66551]]
email LT Alexander McConnell, Marine Safety Unit Savannah Office of
Waterways Management, U.S. Coast Guard; telephone 912-652-4353
extension 240, email <a href="/cdn-cgi/l/email-protection#9ddcf1f8e5fcf3f9f8efb3cab3d0fedef2f3f3f8f1f1dde8eefefab3f0f4f1"><span class="__cf_email__" data-cfemail="a1e0cdc4d9c0cfc5c4d38ff68fecc2e2cecfcfc4cdcde1d4d2c2c68fccc8cd">[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 because doing so would be impracticable The
Coast Guard lacks sufficient time to provide for a comment period and
then consider those comments before issuing the rule. It would be
contrary to the public interest since the rule is needed by November
11, 2022 to ensure the safety of participants, spectators, the public,
and vessels transiting the waters of Augusta, GA during the Head of the
South Regatta.
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 regatta of
rowing vessels on the Savannah River near Augusta, GA.
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 (COTP) Savannah has determined that
potential hazards associated with a rowing regatta starting November
11, 2022, will be a safety concern for anyone on the Savannah River
between mile markers 197 and 200. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the rowing regatta is underway.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from noon until 5
p.m. from November 11, 2022 through November 12, 2022. The safety zone
will cover all navigable waters of the Savannah River near Augusta, GA
between mile markers 197 and 200. The duration of the zone is intended
to protect personnel, vessels, and the marine environment in these
navigable waters during the rowing regatta. 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 rule being
limited in duration, size, and scope. The temporary safety zone is
limited in duration and size as it will be enforced for only 10
cumulative hours over the course of two consecutive days and will cover
all navigable waters on the Savannah River between mile markers 197 and
200. The zone is limited in scope as vessels and 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. The Coast Guard will provide notification of the
regulated area to the local maritime community by Marine Safety
Information Bulletin.
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
temporary 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
[[Page 66552]]
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
temporary safety zone lasting only 10 hours that will prohibit entry on
the Savannah River between mile markers 197 and 200 near Augusta, GA.
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 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.T07-0880 to read as follows:
Sec. 165.T07-0880 Safety Zone; Head of the South Regatta, Savannah
River, Augusta, GA.
(a) Location. The following area is a safety zone: All waters of
the Savannah River, from surface to bottom, between mile markers 197 to
200.
(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 (COTP) Savannah 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 Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Marine Safety Information Bulletins, and on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from noon
until 5 p.m. from November 11, 2022 through November 12, 2022.
Dated: October 31, 2022.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port Savannah, GA.
[FR Doc. 2022-23945 Filed 11-3-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 4, 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.