[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34058-34061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0434]
RIN 1625-AA00


Safety Zone; Salvage and Recovery of CSS Georgia and Recovery and 
Transit of Unexploded Ordnance, 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 on the 
Savannah River, in Savannah, GA. A stationary safety zone will be 
enforced around the BARGE SALONAN in the area of Buoy 52A, while the 
United States Navy commences dive and salvage operations to salvage CSS 
GEORGIA. A moving safety zone will be enforced while unexploded 
ordnance is salvaged and transited for disposal to Tide Gate Landing, 
approximately two mile transit from the salvage site. This regulation 
is necessary to protect life, and property on the navigable waters of 
the Savannah River due to the hazards associated with diving and 
salvage operations, and hazards associated with recovery and 
transportation of unexploded ordnance.

DATES: This rule is effective without actual notice from June 15, 2015 
until

[[Page 34059]]

October 1, 2015. For the purposes of enforcement, actual notice will be 
used from June 22, 2015 until October 1, 2015. The stationary zone will 
be enforced during dive and salvage operations. The moving zone will be 
enforced during transits of unexploded ordnance.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0434]. 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 planned salvage operations until May 15, 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 United States Navy divers, TUG LITTLE BULLY, BARGE SALONAN, 
other vessels, and mariners from the hazards associated with the 
salvage of CSS GEORGIA and recovery and transport of unexploded 
ordnance from Savannah River.
    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 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 salvage of CSS 
GEORGIA and recovery and transport of unexploded ordnance from Savannah 
River.

C. Discussion of the Final Rule

    The Coast Guard is establishing this safety zone to facilitate the 
safe salvage of CSS GEORGIA and recovery and transport of unexploded 
ordnance from the Savannah River. The salvage operations and recovery 
of unexploded ordnance pose a danger to other vessels that may meet, 
pass or attempt to overtake the BARGE SALONAN in the narrow waterway of 
the Savannah River. This safety zone is necessary to protect the safety 
of lives and persons during salvage and recovery operations.
    A moving and fixed safety zone will be established when the United 
States Navy commences dive and salvage operations and during the 
recovery and river transits with unexploded ordnance. During dive and 
salvage operations, no vessel may pass within 100 yards of BARGE 
SALONAN in approximate position 32-05'02.6 N., 081-02'21.6 W. in the 
area of Buoy 52A, unless authorized by the COTP Savannah or designated 
representative, and during recovery and transit of unexploded 
ordnances, no other vessel may meet or pass within 500ft of the United 
States Navy small boat carrying the ordnance, 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 Captain of the Port (COTP) Savannah or a 
designated representative. 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.
    Due to fluctuations in tide and recovery operations based upon the 
best available information known at the time this rule was drafted, 
this rule is effective from June 22, 2015 until October 1, 2015. 
However, it will only be enforced during dive and salvage operations 
and transits of unexploded ordnance. 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 diving operations and the recovery and transit of unexploded 
ordnance on the Savannah River. Once salvage operations have ceased, 
the safety zone will be terminated. Dive and salvage operations are 
only expected to take place during day light hours and are expected to 
last a few hours a day.

[[Page 34060]]

The receiving site for unexploded ordnance is only 14,000 feet from the 
CSS GEORGIA salvage site.
    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 salvage operations, and sufficient channel width is 
anticipated while the dive and salvage operations are in effect 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 vessels to transit into the zone to the 
maximum safe allowable extent during salvage operations.

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 salvage operations have commenced. 
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, 
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 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 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

[[Page 34061]]

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.T07-0434 to read as follows:


Sec.  165.T07-0434  Safety Zone; Salvage and Recovery of CSS Georgia 
and Recovery and Transit of Unexploded Ordnance, Savannah River, 
Savannah, GA.

    (a) Regulated area. The fixed safety zone will be centered on BARGE 
SALONAN in approximate position 32-05'02.6 N., 081-02'21.6 W. in 
vicinity of Buoy 52A, while moored and conducting dive and salvage 
operations, extending 100 yards in all directions. The moving safety 
zone will cover all waters of the Savannah River 500 feet ahead and 
astern of the United States Navy small boat while loading and 
transferring unexploded ordnance to the designated shore side site.
    (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.
    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Effective period. This rule is effective on June 22, 2015 
through October 1, 2015. The stationary zone will be enforced during 
dive and salvage operations. The moving zone will be enforced during 
transits of unexploded ordnance.

    Dated: June 1, 2015.
O. Vazquez,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port 
Savannah.
[FR Doc. 2015-14637 Filed 6-12-15; 8:45 am]
BILLING CODE 9110-04-P