Rule2023-18008
Safety Zones; Savannah River, M/V BIGLIFT BARENTSZ, 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
August 22, 2023
Effective
August 24, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones for navigable waters of the Savannah River, within a 500-yard radius around Motor Vessel (M/V) BIGLIFT BARENTSZ. The safety zones are 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 the safety zones are prohibited unless specifically authorized by the Captain of the Port Savannah or a designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 161 (Tuesday, August 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57004-57006]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18008]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0542]
RIN 1625-AA00
Safety Zones; Savannah River, M/V BIGLIFT BARENTSZ, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones for
navigable waters of the Savannah River, within a 500-yard radius around
Motor Vessel (M/V) BIGLIFT BARENTSZ. The safety zones are 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 the safety zones are prohibited unless
specifically authorized by the Captain of the Port Savannah or a
designated representative.
DATES: This rule is effective from 7 a.m. on August 24, 2023 through
11:59 p.m. on September 11, 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-
2023-0542 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 Marine Science Technician First Class Kellyn Starkey,
Shoreside Compliance, Marine Safety Unit Savannah, U.S. Coast Guard;
telephone 912-652-4353, email <a href="/cdn-cgi/l/email-protection#501b353c3c293e7e117e032431223b352910252333377e3d393c"><span class="__cf_email__" data-cfemail="b1fad4ddddc8df9ff09fe2c5d0c3dad4c8f1c4c2d2d69fdcd8dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
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
[[Page 57005]]
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. It is impracticable to publish an NPRM because we must establish
safety zones by August 24, 2023. The Motor Vessel (M/V) BIGLIFT
BARENTSZ will be transiting through the Savannah River to Georgia Port
Authority Garden City Terminal Berth No. 1 while carrying large cranes,
and for the offloading of those cranes to the facility. 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 immediate action is needed to
respond to the potentical safety hazards associated with the potential
hazards associated with the transit and offload of gantry cranes from
M/V BIGLIFT BARENTSZ.
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 the transit and offload of gantry
cranes from M/V BIGLIFT BARENTSZ scheduled for August 24, 2023, through
September 11, 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 zones while the vessel is transiting the Savannah River and
offloading gantry cranes.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from August 24,
2023 through September 11, 2023. A moving and fixed temporary safety
zone will be established for the vessel M/V BIGLIFT BARENTSZ 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 September
11, 2023, but it will not be enforced after the cranes have been
removed from the vessel. The safety zones are 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.
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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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 zones. The safety zones are 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 BARENTSZ while it is
underway with cranes onboard, and while it is moored to the terminal,
and discharging its cargo. The safety zones are limited in scope as
vessel traffic may be able to safely transit around the safety zones
and vessels may seek permission from the COTP to enter the safety
zones. 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.
[[Page 57006]]
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 safety
zones 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.T07-0542 to read as follows:
Sec. 165.T07-0542 Safety Zone; Savannah River, M/V BIGLIFT BARENTSZ,
Savannah, GA.
(a) Location. The following areas are safety zones:
(1) A moving safety zone that includes all navigable waters of the
Savannah River, within a 500-yard radius of the Motor Vessel (M/V)
BIGLIFT BARENTSZ while transiting the Savannah River and laden with
oversized cranes.
(2) A fixed zone that includes all navigable waters of the Savannah
River, within a 500-yard radius of vessel M/V BIGLIFT BARENTSZ 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 period. This section is effective from August 24,
2023, through September 11, 2023.
(e) Enforcement period. The moving safety zone will be enforced
while the vessel M/V BIGLIFT BARENTSZ is transiting with the cranes
embarked. The fixed safety zone will be enforced while the vessel M/V
BIGLIFT BARENTSZ is moored at the facility, and the cranes are onboard.
Dated: August 16, 2023.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-18008 Filed 8-21-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 22, 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.