[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30361-30364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0280]
RIN 1625-AA00


Safety Zone; Loading and Outbound Transit of TUG THOMAS and BARGE 
OCEANUS, Savannah River; Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the TUG THOMAS and BARGE OCEANUS during the loading and outbound 
transit of three oversized ship to shore (STS) cranes on the Savannah 
River from the Georgia Ports Authority, Garden City Terminal. This 
safety zone facilitates the safe loading and outbound transit of three 
oversized STS cranes from the Port of Savannah. A fixed safety zone 
will be enforced during the loading of the cranes on the barge and a 
moving safety zone will be enforced while the TUG THOMAS and BARGE 
OCEANUS are transiting outbound the Savannah River. This regulation is 
necessary to protect life and property on the navigable waters of the 
Savannah River due to the hazards associated with the transport of 
these oversized cranes. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Savannah or a 
designated representative.

DATES: This rule is effective without actual notice from May 28, 2015 
until 11:59 p.m., July 1, 2015. For the purposes of enforcement, actual 
notice will be used from May 14, 2015 until May 28, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0280. 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 LT Christopher McElvaine, Marine Safety Unit Savannah 
Office of Waterways Management, Coast Guard; telephone (912) 652-4353 
ext 221, email [email protected]. If you have questions 
on viewing or submitting material to 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 History and Information

    The Coast Guard is issuing this temporary final 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 because the Coast Guard did not receive 
notice of the transit until April 6, 2015. Publishing a NPRM and 
delaying its effective date would be impracticable and contrary to 
public interest because immediate action is needed to protect the TUG 
THOMAS, BARGE OCEANUS, other vessels, and mariners from the hazards 
associated with the transit operations of three STS cranes from Georgia 
Ports Authority.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 30362]]

making this rule effective less than 30 days after publication in the 
Federal Register for the same reasons discussed above.

B. Basis and Purpose

    The legal basis for the 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; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of life and vessels 
on a navigable waterway of the United States during the TUG THOMAS and 
BARGE OCEANUS ship to shore crane loading and outbound transit.

C. Discussion of the Final Rule

    The Coast Guard is establishing this safety zone to facilitate the 
safe loading of cranes and outbound transit of the TUG THOMAS and the 
BARGE OCEANUS on the Savannah River. The large STS cranes pose a danger 
to other vessels that may meet, pass or attempt to overtake the TUG 
THOMAS and BARGE OCEANUS in the narrow waterway of the Savannah River. 
This safety zone is necessary to protect the safety of lives and 
persons during this transit.
    A moving and fixed safety zone will be established when the TUG 
THOMAS and BARGE OCEANUS commence loading operations and begin outbound 
transit. It will cover all waters of the Savannah River one nautical 
mile ahead and astern of the TUG THOMAS and BARGE OCEANUS. During crane 
loading operations no vessel may pass TUG THOMAS and BARGE OCEANUS 
unless authorized by the COTP Savannah or designated representative and 
during the vessel's outbound transit, no other vessel may meet, pass, 
or overtake the TUG THOMAS and BARGE OCEANUS, unless authorized by the 
COTP Savannah or a designated representative.
    Entry into the safety zone is prohibited for all vessels unless 
specifically authorized by the COTP Savannah or a designated 
representative. U.S. Coast Guard assets or designated representatives 
will enforce this safety zone, and coordinate vessel movements into the 
zone when safe to minimize the zone's impact on vessel movements. 
Persons or vessels desiring to enter, transit through, anchor in, or 
remain within the safety zone 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 safety zone 
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. The Coast Guard will provide notice of 
the safety zones by Broadcast Notice to Mariners, and on-scene 
designated representatives.
    This rule will only be enforced during loading operations and the 
outbound transit of the TUG THOMAS and BARGE OCEANUS and will remain in 
effect until the vessels have left the harbor. The COTP Savannah or a 
designated representative will inform the public through broadcast 
notice to mariners of the enforcement periods for this safety zone.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: This safety zone will only be enforced during times 
of loading operations and the outbound transit of the TUG THOMAS and 
BARGE OCEANUS on the Savannah River. Once the TUG THOMAS and BARGE 
OCEANUS have exited the Savannah River, the safety zone will be 
terminated. The transit of the TUG THOMAS and BARGE OCEANUS is expected 
to take six to eight hours.
    The Coast Guard has notified the Georgia Ports Authority and 
Savannah Pilots Association of the needs, conditions, and effective 
dates and times of the safety zone so that they may schedule arriving 
and departing vessels that may be affected by this safety zone to 
minimize shipping delays. The presence of other moored vessels is not 
expected to impede the safe loading and outbound transit of the TUG 
THOMAS and BARGE OCEANUS, and sufficient channel width is anticipated 
while the TUG THOMAS and BARGE OCEANUS are moored so that other vessels 
may transit through the area.
    Notifications of the enforcement periods of this safety zone will 
be made to the marine community through broadcast notice to mariners. 
Representatives of the COTP will be on-scene to coordinate the 
movements of vessels seeking to enter the safety zone. These 
representatives will authorize vessel transits into the zone to the 
maximum safely allowable during the TUG THOMAS and BARGE OCEANUS

2. Impact on 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 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. This rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Savannah River while TUG THOMAS and BARGE OCEANUS is 
transiting outbound on the Savannah River and while moored at Georgia 
Ports Authority. This safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (1) The COTP Savannah may consider granting vessels permission 
to enter into the moving and fixed safety zone if conditions allow for 
such transit to be conducted safely, and (2) the Coast Guard will issue 
a broadcast notice to mariners informing the public of the safety zone.

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 FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees

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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 will not call for a 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 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.

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 will not result in 
such an 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 risk to 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 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.

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 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 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 the creation of a temporary safety 
zone. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the 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 comments or information that may lead to the discovery of a 
significant environmental impact from this 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:

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 a temporary Sec.  165.T07-0280 to read as follows:


Sec.  165.T07-0280  Safety Zone; STS Crane Loading and Outbound Transit 
of TUG THOMAS and BARGE OCEANUS, Savannah River, Savannah, GA.

    (a) Regulated area. The fixed safety zone will be centered on TUG 
THOMAS and BARGE OCEANUS while moored and conducting loading 
operations, extending 500 yards in all directions. The moving safety 
zone will cover all waters of the Savannah River one nautical mile 
ahead and astern of the TUG THOMAS and BARGE OCEANUS while transiting 
outbound with the ship to shore (STS) cranes onboard.
    (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 area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zones unless authorized by the Captain of the Port Savannah or a 
designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zones 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 safety zone 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.

[[Page 30364]]

    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (e) Effective period. This rule is effective on April 21, 2015 
through May 31, 2015. This rule will be enforced when STS operations 
commence until TUG THOMAS and BARGE OCEANUS depart the Savannah River.

    Dated: May 14, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2015-12637 Filed 5-27-15; 8:45 am]
 BILLING CODE 9110-04-P