Rule2023-02561
Safety Zone; Savannah River, M/V BIGLIFT BAFFIN, Savannah, 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
February 7, 2023
Effective
February 9, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Savannah River, within a 500-yard radius around M/V BIGLIFT BAFFIN. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the transit through the Savannah River to Georgia Port Authority Garden City Terminal Berth No. 1 while carrying large cranes, and for the offload of those cranes to the facility. 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 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7871-7873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02561]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0977]
RIN 1625-AA00
Safety Zone; Savannah River, M/V BIGLIFT BAFFIN, 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, within a 500-yard radius around
M/V BIGLIFT BAFFIN. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the transit through the Savannah River to Georgia Port Authority Garden
City Terminal Berth No. 1 while carrying large cranes, and for the
offload of those cranes to the facility. 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 7:00 a.m. on February 9, 2023
through 11:59 p.m. on February 26, 2023.
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-
2022-0977 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 MST3 Jesse Dillon, Shoreside Compliance, Marine Safety
Unit Savannah, U.S. Coast Guard; telephone 912-652-4353,
<a href="/cdn-cgi/l/email-protection#d3b9b6a0a0b6fda2fdb7babfbfbcbd93a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="a7cdc2d4d4c289d689c3cecbcbc8c9e7d2d4c4c089cacecb">[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 since this rule is
needed by February 9, 2023. It would be contrary to the public interest
since immediate action is necessary to protect the safety of the
public, and vessels transiting the waters of the Savannah River, during
the planned movement and obstruction created by oversized cranes.
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 the vessel is scheduled to
arrive at the Port of Savannah on February 9, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Savannah
(COTP) has determined that potential hazards associated with the
transit and offload of gantry cranes from M/V BIGLIFT BAFFIN scheduled
for February 9, 2023 through February 26, 2023, will be a safety
concern for anyone within a 500-yard radius of the vessel. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the vessel is transiting
the Savannah River and offloading gantry cranes.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from February, 9,
2023 through February 26, 2023. A moving and fixed temporary safety
zone will be established for the vessel M/V BIGLIFT BAFFIN while it is
in the Savannah River and would cover all navigable waters within 500
yards of the vessel, up to Georgia Port Authority Garden City Terminal
Berth No. 1, and during offload of the cranes. The moving temporary
safety zone would only be enforced while the vessel is transiting, and
the fixed temporary safety zone will be enforced while it is
discharging the cranes. This safety zone may last until February 26,
2023 but it will not be enforced after the cranes have been removed
from the vessel. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the movement and obstruction hazard of two oversized cranes transiting
the Savannah River, and when the vessel is moored to that facility. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
[[Page 7872]]
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size, location
and scope of the safety zone. The zone is limited in size, location,
and duration as it will cover all navigable waters of the Savannah
River within 500 yards of the M/V/BIGLIFT BAFFIN while it is underway
with cranes onboard, and while it is moored to the terminal, and
discharging its cargo. The zone is limited in scope as vessel traffic
may be able to safely transit around this safety zone and vessels may
seek permission from the COTP to enter the zone. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on 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 would 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 This
rule involves a safety zone within 500 yards of M/V BIGLIFT BAFFIN
during transit and offload of cranes. 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0977 to read as follows:
[[Page 7873]]
Sec. 165.T07-0977 Safety Zone; Savannah River, M/V BIGLIFT BAFFIN,
Savannah, GA.
(a) Location. The following is a safety zone: The moving safety
zone will include all navigable waters of the Savannah River, within a
500-yard radius of the vessel M/V BIGLIFT BAFFIN while transiting the
Savannah River and laden with oversized cranes. The fixed zone will
include all navigable waters of the Savannah River, within a 500-yard
radius of vessel M/V BIGLIFT BAFFIN while moored at Georgia Port
Authority Garden City Terminal Berth No. 1 and laden with oversized
cranes.
(b) Definition. 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) Effective and Enforcement period. This section is effective
from February 9, 2023 through February 26, 2023. The moving zone will
be enforced while the vessel is transiting with the cranes embarked,
and the fixed zone will be enforced while the vessel is moored at the
facility, and the cranes are onboard.
Dated: January 31, 2023.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-02561 Filed 2-6-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 7, 2023.
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.