Rule2023-21730
Safety Zone; Wilmington River, Savannah, GA
Primary source
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Published
October 3, 2023
Effective
October 3, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is revising 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 190 (Tuesday, October 3, 2023)</title>
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[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67950-67953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21730]
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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 revising 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 without actual notice
from October 3, 2023 through November 30, 2023. For the purposes of
enforcement, actual notice will be used from October 2, 2023, until
October 3, 2023.
Comments and related material must reach the Coast Guard on or
before October 18, 2023.
ADDRESSES: You may submit comments identified by 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 LTJG Anthony Harris, Office of Waterways Management,
Marine Safety Unit Savannah, U.S. Coast Guard; telephone 912-652-4353
ext. 240, <a href="/cdn-cgi/l/email-protection#acedc2d8c4c3c2d582e982e4cddedec5dfecd9dfcfcb82c1c5c0"><span class="__cf_email__" data-cfemail="7839160c10171601563d5630190a0a110b380d0b1b1f56151114">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
ESA Endangered Species Act
FR Federal Register
GA DOT Georgia Department of Transportation
NPRM Notice of proposed rulemaking
TIR Temporary Interim Rule
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On September 15, 2023, the Coast Guard published a temporary
interim rule (TIR) \1\ with requests for comment. The TIR established a
temporary safety zone encompassing the Causton Bluff Bridge, on the
Wilmington River, Savannah, GA. When the rule was published, the Coast
Guard immediately began receiving comments on the safety zone posted on
the docket and emails sent directly to the Coast Guard.\2\ In order to
address the concerns raised by the commenters, the Coast Guard made the
determination not to enforce the original TIR until an updated
enforcement schedule could be published through a new TIR. This new TIR
takes into consideration the 23 comments received thus far and revises
the existing safety zone to provide the public with a schedule that
equitably balances the needs of the Georgia Department of
Transportation (GA DOT) and the waterway users.
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\1\ 88 FR 63527.
\2\ The emailed comments have been posted to the docket folder.
These comments are accessible at: <a href="http://www.regulations.gov/docket/USCG-2023-0466/comments">www.regulations.gov/docket/USCG-2023-0466/comments</a>.
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The Coast Guard is issuing this TIR 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 TIR because doing so would be impracticable. This
revised safety zone must be established by October 2, 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 TIR effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this TIR 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 TIR 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 Comments, Changes and the Rule
As noted above, we received 23 comment submissions on our TIR that
published in the Federal Register on September 15, 2023. The commenters
expressed concerns regarding the timing and duration of the demolition
operations, the restrictions on daylight hour transit for recreational
and commercial vessel traffic and related economic impacts, potential
dangers to recreational vessels in the designated anchorage area during
tropical storms and hurricanes, and the Coast Guard's notification
process. These concerns are discussed below.
Several commenters expressed concerns about the timing of the
demolition project, particularly about scheduling the work during peak
``snowbird'' season, when seasonal recreational boaters transit from
northern states to warmer southern states, and the economic impact on
recreational vessel owners, along with other economic impacts to
shoreside docks and marinas.
The project sponsor and the Coast Guard are unable to further delay
the project, as proposed by the commenters because of restrictions
related to the Federal Endangered Species Act (ESA) \3\ and related
Georgia State regulations. The project location coincides with the
habitat of the Atlantic sturgeon and shortnose sturgeon, which are
protected as an Endangered species by the Federal ESA. The National
Oceanic and Atmospheric Administration (NOAA)
[[Page 67951]]
and Georgia State regulations prevent in-water work, which would be
required for this project, from December 1 through April 30, which is
the combined spawning migration season for the Atlantic sturgeon and
the shortnose sturgeon. Therefore, the bridge project must occur before
that date.
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\3\ 15 U.S.C. 1531 et seq.
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Several commenters expressed concerns about restrictions on
daylight hour transit for recreational and commercial vessel traffic
through the safety zone, and where particularly concerned with
congestion and delays transiting the waterway, limits of designated
anchorage areas where vessels may safely wait for vessel traffic to
clear, and challenges of navigating the safety zone at night. The Coast
Guard is taking significant actions to minimize, to the extent
possible, the impact on commercial and recreational waterway use. The
restrictions on vessel traffic through the safety zone is intended to
facilitate the performance of the demolition project, mitigate the
dangers associated with the project, and to protect personnel, vessels,
and the marine environment in these navigable waters while the
demolition project continues. To address this concern, the Coast Guard
has modified the enforcement period to allow three hours a day for
vessels to transit during daylight.
Two commenters inquired about the dangers tropical storms and
hurricanes would pose to the temporary safety zone. The COTP Savannah
has the authority to enact swift and detailed requirements during
tropical storms and hurricanes to safeguard the safety of all vessel
traffic and ensure the safe transit of the waterway.
Several commenters expressed concerns about prior notice. In
section II. Background Information and Regulatory History, the Coast
Guard explains its legal basis for issuing this TIR without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the APA (5 U.S.C. 553(b)). The Coast Guard has the authority to
publish TIRs to address situations like this. At all times we were
acting within the scope of authority and are making the changes here to
address this concern.
Demolition operations will take place Monday through Sunday during
daylight hours. Periodically while the safety zone is implemented, all
vessel traffic will be permitted as reflected in Table 1 below.
Notwithstanding the below table, all commercial traffic, with width
clearances greater than 40 feet will be permitted passage outside the
prescribed windows listed in Table 1 below with prior coordination with
the demolition project contractor.
Table 1
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Open times Width clearance limitations
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10:00 a.m. to 10:30 a.m................... Vessels 40 feet or less.
12:00 p.m. to 2:00 p.m.................... No limitations.
4:30 p.m. to 5:00 p.m..................... Vessels 40 feet or less.
7:00 p.m. to 7:00 a.m..................... No limitations.
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The existing safety zone in 33 CFR 165.T07-0466 is being revised to
include Table 1 in the regulatory text. No further changes are being
made to the safety zone regulations.
The duration of the revised safety 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.
[[Page 67952]]
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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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.
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 rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
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. Also, if you click on the Dockets tab and then the rule, you
should see a ``Subscribe'' option for email alerts. The option will
notify you when comments are posted, or a final rule is published.
We review all comments received, but we will only post comments
that address the topic of the 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. Revise 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 October 2, 2023, through 11:59
p.m. on November 30, 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. The
approximate enforcement schedule is reflected in Table 1 to Sec.
165.T07-0466. Mariners will be informed of enforced zone and
enforcement periods by Broadcast Notice to Mariners and the presence of
Myrick Marine's safety boat on scene during working hours.
[[Page 67953]]
Table 1 to Sec. 165.T07-0466
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Open times Width clearance limitations
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10:00 a.m. to 10:30 a.m................... Vessels 40 feet or less.
12:00 p.m. to 2:00 p.m.................... No limitations.
4:30 p.m. to 5:00 p.m..................... Vessels 40 feet or less.
7:00 p.m. to 7:00 a.m..................... No limitations.
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Dated: September 27, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-21730 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P
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