[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Proposed Rules]
[Pages 6039-6042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2739]



[[Page 6039]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0039]
RIN 1625-AA08


Special Local Regulations; Savannah Tall Ships Challenge, 
Savannah River, Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local 
regulations on the Savannah River in Savannah, Georgia during the 
Savannah Tall Ships Challenge. The Savannah Tall Ships Challenge will 
take place from Thursday, May 3, 2012 through Monday, May 7, 2012. 
Approximately 15 vessels are anticipated to participate in the event. 
These special local regulations are necessary to provide for the safety 
of life and property on navigable waters of the United States during 
the event. The special local regulations would establish the following 
three areas: (1) Mooring zones; (2) buffer zones; and (3) a staging 
area. First, mooring zones would be established around vessels 
participating in the Savannah Tall Ships Challenge while the vessels 
are moored at their mooring locations along the right and left 
descending banks of the Savannah River in Savannah, Georgia. Second, 
buffer zones would be established around vessels participating in the 
Savannah Tall Ships Challenge as they transit from their mooring 
locations on the Savannah River to the staging area. Third, a staging 
area would be established, where vessels participating in the Savannah 
Tall Ships Challenge will congregate before commencing their voyage to 
the next port as part of the 2012 Tall Ships Challenge. Persons and 
vessels that are not participating in the Savannah Tall Ships Challenge 
would be prohibited from entering, transiting through, anchoring in, or 
remaining within the mooring zones, buffer zones, or staging area 
unless authorized by the Captain of the Port Savannah or a designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 9, 2012. Requests for public meetings must be 
received by the Coast Guard on or before February 16, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0039 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Chief Petty Officer Benjamin Mercado, Marine Safety 
Unit Savannah Office of Waterways Management, Coast Guard; telephone 
(912) 652-4353, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0039), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0039'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0039'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for one on or before February 16, 2012 using one of the four 
methods specified

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under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish special local regulations: 33 U.S.C. 1233. The 
purpose of the proposed rule is to insure safety of life and property 
on navigable waters of the United States during the Savannah Tall Ships 
Challenge.

Discussion of Proposed Rule

    From Thursday, May 3, 2012 through Monday, May 7, 2012, the 
Savannah Tall Ships Challenge is scheduled to take place on the 
Savannah River in Savannah, Georgia. Beginning on May 3, 2012, 
participating vessels will moor at the downtown Savannah River 
waterfront, along the right and left descending banks of the Savannah 
River. The vessels will remain moored at these locations until May 7, 
2012. On May 7, 2012 between 11:40 a.m. and 3 p.m., vessels 
participating in the Savannah Tall Ships Challenge will transit the 
Savannah River from their mooring locations to a staging area, where 
they will congregate before heading to the next port in the 2012 Tall 
Ships Challenge. The vessels are scheduled to depart the staging area 
on May 7, 2012 between 3 p.m. and 4:30 p.m.
    The proposed rule would establish special local regulations on the 
Savannah River in Savannah, Georgia during the Savannah Tall Ships 
Challenge. The special local regulations would establish the following 
three regulated areas.
    (1) Mooring Zones. All waters of the Savannah River within 25 yards 
of vessels participating in the Savannah Tall Ships Challenge while 
such vessels are moored. The mooring zones would be enforced from 10:30 
a.m. on May 3, 2012 until 3 p.m. on May 7, 2012.
    (2) Buffer Zones. All waters of the Savannah River within 200 yards 
of vessels participating in the Savannah Tall Ships Challenge as they 
transit from their mooring locations to the staging area. The buffer 
zones would be enforced from 11:30 a.m. until 3 p.m. on May 7, 2012.
    (3) Staging Area. All waters within a one nautical mile radius of 
position 31[deg]57'47'' N, 80[deg]40'24'' W. The staging area would be 
enforced from 11:30 a.m. until 4:30 p.m. on May 7, 2012.
    Notice of the special local regulations, including the names and 
mooring locations of the vessels participating in the Savannah Tall 
Ships Challenge and the identities of the lead safety vessel and the 
last safety vessel as the vessels transit to the staging area, would be 
provided prior to the event by Local Notice to Mariners and Broadcast 
Notice to Mariners.
    Persons and vessels would be prohibited from entering, transiting 
through, anchoring in, or remaining within any of the regulated areas 
unless authorized by the Captain of the Port Savannah or a designated 
representative. Persons and vessels would be able to request 
authorization to enter, transit through, anchor in, or remain within 
the regulated areas by contacting the Captain of the Port Savannah by 
telephone at (912) 652-4353, or a designated representative via VHF 
radio on channel 16. If authorization to enter, transit through, anchor 
in, or remain within any of the regulated areas is granted by the 
Captain of the Port Savannah or a designated representative, all 
persons and vessels receiving such authorization would be required to 
comply with the instructions of the Captain of the Port Savannah or a 
designated representative.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has not been designated a significant 
regulatory action under section 3(f) of Executive Order 12866. 
Accordingly, the Office of Management and Budget has not reviewed this 
proposed rule under Executive Order 12866.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) The special local regulations would be 
enforced for a total of 102 hours; (2) although persons and vessels 
would not be able to enter, transit through, anchor in, or remain 
within the regulated areas without authorization from the Captain of 
the Port Savannah or a designated representative, they would be able to 
operate in the surrounding area during the enforcement periods; (3) 
persons and vessels would still be able to enter, transit through, 
anchor in, or remain within the regulated areas if authorized by the 
Captain of the Port Savannah or a designated representative; and (4) 
the Coast Guard would provide advance notification of the safety zones 
to the local maritime community by Local Notice to Mariners and 
Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule may affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to enter, transit through, anchor in, or remain 
within that portion of the Savannah River encompassed within the 
special local regulations from 10:30 a.m. on May 3, 2012 through 4:30 
p.m. on May 7, 2012. For the reasons discussed in the Regulatory 
Planning and Review section above, this proposed rule would not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking.

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If the proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Chief Petty 
Officer Benjamin Mercado, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone (912) 652-4353, email 
[email protected]. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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 proposed rule 
involves establishing special local regulations issued in conjunction 
with a marine parade, as described in figure 2-1, paragraph (34)(h), of 
the Instruction. Under figure 2-1, paragraph (34)(h), of the 
Instruction, an environmental analysis checklist and a categorical 
exclusion determination are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add temporary Sec.  100.35T07-0039 to read as follows:


Sec.  100.35T07-0039  Special Local Regulations; Savannah Tall Ships 
Challenge, Savannah River, Savannah, GA.

    (a) Regulated Areas. The following regulated areas are established 
as special local regulations during the Savannah Tall Ships Challenge, 
with the specific enforcement period for each of the regulated areas. 
All coordinates are North American Datum 1983.
    (1) Mooring Zones. All waters of the Savannah River within 25 yards 
of vessels participating in the Savannah Tall Ships Challenge while 
such vessels are moored. These regulated areas will be enforced from 
10:30 a.m. on May 3, 2012 until 3 p.m. on May 7, 2012.
    (2) Buffer Zones. All waters of the Savannah River within 200 yards 
of vessels participating in the Savannah Tall Ships Challenge as they 
transit from their mooring locations to the staging area. These 
regulated areas will be enforced from 11:30 a.m. until 3 p.m. on May 7, 
2012.
    (3) Staging Area. All waters within a one nautical mile radius of 
position 31 [deg]57'47'' N 80 [deg]40'24 W. This regulated area will be 
enforced from 11:30 a.m. until 4:30 p.m. on May 7, 2012.

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    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Savannah in the enforcement of the regulated areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
areas unless authorized by the Captain of the Port Savannah or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Savannah by telephone at (912) 652-4353, 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 areas is granted by the Captain of the Port Savannah or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas, 
including the names and mooring locations of the vessels participating 
in the Savannah Tall Ships Challenge and the identities of the lead 
safety vessel and the last safety vessel as the vessels transit to the 
staging area, prior to the event by Local Notice to Mariners and 
Broadcast Notice to Mariners. Notice will also be provided by on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 10:30 a.m. on 
May 3, 2012 through 4:30 p.m. on May 7, 2012.

    Dated: January 25, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-2739 Filed 2-6-12; 8:45 am]
BILLING CODE 9110-04-P