[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Pages 19534-19537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7793]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 establish the following three areas: Mooring 
zones; buffer zones; and

[[Page 19535]]

a staging area. First, mooring zones will 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 will 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 will 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 
are 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: This rule is effective from 10:30 a.m. on May 3, 2012 through 
4:30 p.m. on May 7, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2012-0039 and are available online by going to 
http://www.regulations.gov, inserting USCG-2012-0039 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final 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 the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 7, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Special Local Regulations; Savannah Tall Ships 
Challenge, Savannah River, Savannah, GA in the Federal Register (77 FR 
6039). We received two comments on the proposed rule. No public meeting 
was requested, and none was held.

Basis and Purpose

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

Discussion of Comments and Changes

    The Coast Guard received two comments regarding the NPRM. One 
comment stated that the proposed rule provided the Captain of the Port 
of Savannah with almost unlimited discretion as to navigation of 
regions of the Savannah River for the time period in question. As a 
result, the comment recommended that the proposed rule be rewritten to 
limit the discretion of the Captain of the Port of Savannah to ensure 
large shipping vessels are not disrupted from their activities at the 
Port of Savannah. There was also concern that many such ships are 
traveling from a great distance and would not receive notice of any 
disruption in the Port, and the ramifications of such ships being 
unable to make a delivery could be significant.
    The Coast Guard understands these concerns. However, the Captain of 
the Port has the authority under 33 U.S.C. 1233 and 33 CFR 100.35 to 
promulgate special local regulations to promote the safety of life on 
navigable waters of the United States during regattas or marine 
parades. These regulations may include restrictions and controls over 
vessel movement immediately before, during, and after the event. The 
Coast Guard issued a marine event permit for the Savannah Tall Ships 
Challenge under 33 CFR part 100 because the event (due to its nature, 
circumstances, or location) will introduce extra or unusual hazards to 
the safety of life on the navigable waters of the United States. 
Specifically, the Coast Guard believes the Savannah Tall Ships 
Challenge will attract a significant amount of recreational boating 
traffic not normally present on the Savannah River. Additionally, due 
to the narrow width of the Savannah River, the Coast Guard finds it 
necessary to establish the mooring and buffer zones to protect the 
vessels participating in the Savannah Tall Ships Challenge, as well as 
the commercial and recreational vessels that will be present on the 
Savannah River during the event. Before publishing the NPRM, the Coast 
Guard limited the scope of the special local regulations to the extent 
necessary to provide for the safety of life and property on navigable 
waters of the United States during the event. The Coast Guard also 
understands the concerns about large shipping vessels not having notice 
or being able to make a delivery. As such, the NPRM was published in 
the Federal Register 85 days prior to the enforcement date of this 
temporary final rule, this rule will be published in the Federal 
Register at least 30 days before it is enforced, and the Coast Guard 
will provide notice of the Savannah Tall Ships Challenge via Local 
Notice to Mariners, Broadcast Notice to Mariners, and a Maritime Safety 
and Security Bulletin. Finally, persons and vessels may request 
authorization from the Captain of the Port Savannah 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.
    The second comment requested a change to the location of the Tall 
Ships Challenge race start. The comment stated that the race start in 
the NPRM is in the middle of a pilot boarding area, and because these 
tall ships are under sail power they require space away from commercial 
vessel traffic to maneuver safely. Therefore, it was recommended that 
the race start be moved. The Coast Guard understands this comment about 
the starting area to be referring to the staging area that is set forth 
in the NPRM. The Coast Guard concurs with the recommendation to move 
the staging area. As a result, the Coast Guard has moved the staging 
area to encompass all waters within one nautical mile radius of 
position 31[deg]59'30'' N 80[deg]42'55'' W. This new area is 
approximately two miles north of the original area. If you are aware of 
problems caused by this new area, please contact the person indicated 
in the FOR FURTHER INFORMATION CONTACT section, above.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 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,

[[Page 19536]]

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 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 rule under Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulations will be enforced 
for a total of 102 hours; (2) although persons and vessels will 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 may operate in the 
surrounding area during the enforcement periods; (3) persons and 
vessels will 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 
will provide advance notification of the special local regulations to 
the local maritime community by Local Notice to Mariners, Broadcast 
Notice to Mariners, and a Maritime Safety and Security Bulletin.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This 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 rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    In the NPRM, and in accordance with section 213(a) of the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), 
we offered to assist small entities in understanding the rule so that 
they could better evaluate its effects on them and participate in the 
rulemaking process. Small businesses may send comments on the actions 
of Federal employees who enforce or 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.

Collection of Information

    This rule calls 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 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 determined 
that this rule 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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.

[[Page 19537]]

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
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 is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction. This rule involves establishing 
special local regulations issued in conjunction with a regatta or 
marine parade. Under figure 2-1, paragraph (34)(h), of the Instruction, 
an environmental analysis checklist and a categorical exclusion 
determination are not required for this 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 amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a 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]59'30'' N 80[deg]42'55'' W. This regulated area will be 
enforced from 11:30 a.m. until 4:30 p.m. on May 7, 2012.
    (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, Broadcast 
notice to Mariners, and a Maritime Safety and Security Bulletin. 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: March 21, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-7793 Filed 3-30-12; 8:45 am]
BILLING CODE 9110-04-P