Rule2023-20004
Safety Zone; Wilmington River, Savannah, GA
Primary source
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Published
September 15, 2023
Effective
September 18, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone encompassing the Causton Bluff Bridge, on the Wilmington River, Savannah, GA. This action is necessary to provide for the safety of life on these navigable waters for the planned demolition and removal of structural components of the original bridge, in preparation of the construction of a new span. This rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Savannah or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63527-63529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20004]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0466]
RIN 1625-AA00
Safety Zone; Wilmington River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the Causton Bluff Bridge, on the Wilmington River,
Savannah, GA. This action is necessary to provide for the safety of
life on these navigable waters for the planned demolition and removal
of structural components of the original bridge, in preparation of the
construction of a new span. This rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Savannah or a designated representative.
DATES: This temporary interim rule is effective from 12:01 a.m. on
September 18, 2023, through 11:59 p.m. on November 20, 2023.
ADDRESSES: You may submit comments under docket number USCG-2023-0466
using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Anthony Harris, Shoreside
Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; telephone
912-652-4353 ext. 240, <a href="/cdn-cgi/l/email-protection#8ccde2f8e4e3e2f5a2c9a2c4edfefee5ffccf9ffefeba2e1e5e0"><span class="__cf_email__" data-cfemail="d594bba1bdbabbacfb90fb9db4a7a7bca695a0a6b6b2fbb8bcb9">[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 interim 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 temporary interim rule
because doing so would be impracticable. This safety zone must be
established by September 18, 2023, in order to protect vessels and
waterway users from the potential hazards associated with demolition
operations on the Causton Bluff Bridge. We lack sufficient time to
provide a reasonable comment period and then to consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary interim rule effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this temporary interim rule would be contrary to the public's
interest because we must ensure the protection of vessels and waterway
users during the demolition operations.
We are soliciting comments on this rulemaking. If we determine that
changes to this rulemaking action are necessary, the Coast Guard will
consider comments received in a subsequent temporary interim rule or
temporary final rule.
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 demolition operations of the
Causton Bluff Bridge. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the demolition project continues.
IV. Discussion of the Rule
This rule establishes a safety zone from September 18, 2023, until
November 20, 2023. A fixed temporary
[[Page 63528]]
safety zone will be established on the Wilmington River within a 300-
yard radius of position: 32[deg] 3.73' N, 81[deg] 1.78' W in the
vicinity of the Causton Bluff Bridge, Savannah, GA.
Demolition operations will take place Monday through Sunday during
daylight hours. Periodically while the safety zone is implemented, all
vessel traffic will be permitted to transit when deemed safe by the
project site manager. This will commence at 7:00 p.m. on Mondays
concluding at 12:00 p.m. Tuesdays and each subsequent Monday through
Tuesday until project completion, and Thursdays beginning at 12:00 p.m.
and concluding at 7:00 a.m. on Fridays until project completion.
Restricted vessels with a beam of 30 ft or less may transit daily at
the conclusion of the workday starting at 7:00 p.m. with the transit
period ending by 7:00 a.m. the following day.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the
demolition project continues. 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 section 3(f) of 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 duration of the safety zone. The duration of the zone is
intended to ensure the safety of vessels through the duration of the
vessel's inbound and outbound transit and offload. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the 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 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 several hours daily that would prohibit entry
within 300 yards of the Causton Bluff Bridge. The zone will prohibit
entry while in effect. 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
[[Page 63529]]
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or
vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0466 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 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.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0466 to read as follows:
Sec. 165. T07-0466 Safety Zone; Wilmington River, Savannah, GA.
(a) Location. All navigable waters, from surface to bottom, of the
Wilmington River within a 300-yard radius of position: 32[deg] 3.73' N,
81[deg] 1.78' W in the vicinity of the Causton Bluff Bridge, Savannah,
GA.
(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) To seek permission to enter, contact the COTP or the COTP's
representative by calling (912) 247-0073. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement periods. The safety zone in paragraph (a) of this
section is in effect from 12:01 a.m. on September 18, 2023, through
11:59 p.m. on November 20, 2023. This section will be subject to
enforcement periodically during daylight hours as needed by the project
manager to safely remove all remaining bridge structural components.
Mariners will be informed of enforced zone and enforcement periods by
Broadcast Notice to Mariners, Myrick's safety boat on scene during
working hours.
Dated: September 12, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-20004 Filed 9-14-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 15, 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.