[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26445-26447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11177]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-1017]
RIN 1625-AA00, 1625-AA00


Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy 
Weather and Other Natural Disasters, Savannah Captain of the Port Zone, 
Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone throughout the 
Marine Safety Unit Savannah Captain of the Port Zone. This action is 
necessary to consolidate, clarify, and otherwise modify safety 
regulations to better meet safety needs within the ports of Savannah 
and Brunswick. This action establishes safety zones in the event of 
natural or manmade disasters affecting navigable waterways within the 
Marine Safety Unit Savannah Captain of the Port Zone.

DATES: This rule is effective on June 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-1017. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Christopher D. McElvaine, U.S. Coast Guard 
Marine Safety Unit Savannah at (912) 652-4353 or email at 
[email protected]. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager, Docket operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. Regulatory Information

    On February 27, 2015, we published a notice of proposed rulemaking 
entitled Safety Zone; Marine Safety Unit Savannah Safety Zone for Heavy 
Weather and Other Natural Disasters, Savannah Captain of the Port Zone, 
Savannah, GA. We received one public comment in support of the safety 
zone. No public meeting was requested, and none was held. No other 
documents were published as part of this rulemaking.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of these regulations is to ensure the safety of life on 
navigable waters of the United States through the addition of 
regulations in the event of natural and other disasters.

C. Discussion of Rule

    The Coast Guard is establishing a temporary safety zone throughout 
the Marine Safety Unit Savannah Captain of the Port Zone. This action 
is necessary to consolidate, clarify, and otherwise modify safety and 
security zone regulations within the Ports of Savannah and Brunswick. 
This action would establish a safety zone in the event of a disaster 
affecting navigable waterways within the Marine Safety Unit Savannah 
Captain of the Port Zone.
    Only one positive comment was received in support of the 
regulation. No changes were made in the rule making.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs

[[Page 26446]]

and benefits under section 6(a)(3) of that order. The Office of 
Management and Budget has not reviewed it under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS).
    The regulations that are being added are not expected to have a 
significant regulatory impact due to the infrequency of use for the 
safety zone.

2. Impact of Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact 
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 received no comments from the Small Business 
Administration on this rule. 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 safety zone would not have a 
significant impact on a substantial number of small entities for the 
following reasons: The safety zone would be activated and subject to 
enforcement only during the event of natural or other disasters.

3. 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 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 
contact the person listed in the FOR FUTHER INFORMATION CONTACT section 
above.
    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.

4. 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).

5. 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 rule under 
that Order and have determined that this rule does not have 
implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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 safety that may disproportionately 
affect children.

11. Indian Tribal Governments

    This 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 waterway use restrictions that would be 
otherwise published as a Temporary Final Rule within the Savannah 
Captain of the Port Zone. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comment or 
information that may lead to the discovery of a significant 
environmental impact from the rule.

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:

[[Page 26447]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.780 to read as follows:


Sec.  165.780  Safety Zone; Marine Safety Unit Savannah Safety Zone for 
Heavy Weather and other Natural Disasters, Savannah Captain of the Port 
Zone, Savannah, GA.

    (a) Regulated areas. The following areas are established as safety 
zones during the specified conditions:
    (1) Savannah, GA. All waters within the Port of Savannah, GA, 
encompassed within following locations: starting at the demarcation 
line drawn across the seaward extremity of the Savannah River entrance, 
and encompassing all of the waters of the Savannah River, Savannah GA.
    (2) Brunswick, GA. All waters starting at the demarcation line 
drawn across the seaward extremity of the Savannah River entrance, and 
encompassing all of the waters of the Brunswick River, Brunswick GA.
    (3) All coordinates are North American Datum 1983.
    (b) Definition. (1) 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 area.
    (2) Hurricane Port Condition YANKEE. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 24 hours.
    (3) Hurricane Port Condition ZULU. Set when weather advisories 
indicate that sustained Gale Force winds from a tropical or hurricane 
force storm are predicted to make landfall at the port within 12 hours.
    (c) Regulations. (1) Hurricane Port Condition YANKEE. All 
commercial, oceangoing vessels and barges over 500 GT are prohibited 
from entering the regulated areas designated as being in Port Condition 
YANKEE; within 24 hours of anticipated landfall of gale force winds (39 
mph) from tropical or hurricane force storm; or upon the Coast Guard 
setting Port Condition YANKEE for inbound ocean going commercial vessel 
traffic over 500 GT. Oceangoing commercial vessel traffic outbound will 
be authorized to transit through the regulated areas until Port 
Condition ZULU.
    (2) Hurricane Port Condition ZULU. All commercial, oceangoing 
vessels and barges over 500 GT are prohibited from entering the 
regulated areas designated as being in Port Condition ZULU; within 12 
hours of anticipated landfall of a tropical storm or hurricane; or upon 
the Coast Guard setting Port Condition ZULU, unless written permission 
is obtained from the Captain of the Port. All ship-to-shore cargo 
operations must cease six hours prior to setting Port Condition Zulu.
    (3) Emergency Waterway Restriction for Other Disasters. Any natural 
or other disasters that are anticipated to affect the COTP Savannah AOR 
will result in the prohibition of commercial vessel traffic transiting 
or remaining in any of the two regulated areas predicted to be affected 
as designated by the COTP Savannah.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
Savannah via 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 in the 
regulated area 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.
    (5) Coast Guard Marine Safety Unit Savannah will attempt to notify 
the maritime community of periods during which these safety zones will 
be in effect via Broadcast Notice to Mariners or by on-scene designated 
representatives.
    (6) The Coast Guard will provide notice of the regulated area via 
Broadcast Notice to Mariners or by on-scene designated representatives.
    (7) This regulation does not apply to authorized law enforcement 
agencies operating within the regulated area.

    Dated: April 28, 2015.
O. Vazquez,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Savannah.
[FR Doc. 2015-11177 Filed 5-7-15; 8:45 am]
 BILLING CODE 9110-04-P