Rule2024-13983
Safety Zones; Savannah River, Savannah, GA
Primary source
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Published
June 27, 2024
Effective
June 27, 2024
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 BAFFIN. 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 Ocean Terminal Berth No. 3 while carrying oversized intermodal cranes, and for the offload of those intermodal 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
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<title>Federal Register, Volume 89 Issue 124 (Thursday, June 27, 2024)</title>
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[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53488-53491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13983]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0405]
RIN 1625-AA00
Safety Zones; Savannah River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 BAFFIN. 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
[[Page 53489]]
Authority Ocean Terminal Berth No. 3 while carrying oversized
intermodal cranes, and for the offload of those intermodal 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 without actual notice from June 27, 2024
through 11:59 p.m. on July 13, 2024. For the purposes of enforcement,
actual notice will be used from June 22, 2024, until June 27, 2024.
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-
2024-0405 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 Lieutenant Anthony Harris, Chief, Shoreside Compliance
Division, Marine Safety Unit Savannah, U.S. Coast Guard; telephone 912-
210-8714, email: <a href="/cdn-cgi/l/email-protection#eaab849e82858493c4afc4a28b98988399aa9f99898dc4878386"><span class="__cf_email__" data-cfemail="a7e6c9d3cfc8c9de89e289efc6d5d5ced4e7d2d4c4c089cacecb">[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 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 June 22, 2024. The Motor
Vessel (M/V) BIGLIFT BAFFIN will be transiting through the Savannah
River to Georgia Port Authority Ocean Terminal Berth No. 3 while
carrying large intermodal cranes, and for the offloading of those
intermodal 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 potential safety hazards associated with the potential
hazards associated with the transit and offload of intermodal cranes
from M/V BIGLIFT BAFFIN.
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 intermodal
cranes from M/V BIGLIFT BAFFIN scheduled for June 22, 2024 through July
13, 2024, 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
intermodal cranes.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from June 22, 2024
through July 13, 2024. 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 Ocean Terminal Berth No. 3,
and during offload of the intermodal 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 intermodal cranes. This safety zone may last until July
13, 2024, but it will not be enforced after all the intermodal 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 four
oversized intermodal cranes transiting the Savannah River, and when the
vessel is moored to Georgia Port Authority Ocean Terminal Berth No. 3.
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 BAFFIN 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),
[[Page 53490]]
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 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.T07-0405 to read as follows:
Sec. 165.T07-0405 Safety Zone; Savannah River, M/V BIGLIFT BAFFIN,
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 BAFFIN while transiting the Savannah River and laden with
oversized intermodal cranes.
(2) A fixed zone that includes all navigable waters of the Savannah
River, within a 500-yard radius of vessel M/V BIGLIFT BAFFIN while
moored at Georgia Port Authority Ocean Terminal Berth No. 3 and laden
with oversized intermodal 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 June 22, 2024
through July 13, 2024.
(e) Enforcement period. The moving safety zone will be enforced
while the vessel M/V BIGLIFT BAFFIN is transiting with the intermodal
cranes embarked. The fixed safety zone will be enforced while the
vessel M/V BIGLIFT BAFFIN is moored at the facility, and the intermodal
cranes are onboard.
[[Page 53491]]
Dated: June 20, 2024.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2024-13983 Filed 6-26-24; 8:45 am]
BILLING CODE 9110-04-P
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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.