[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50756-50758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20565]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0756]
RIN 1625-AA00
Safety Zone, Wilmington 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 for
navigable waters on the Wilmington River 1,000 feet on the north and
south side of the Islands Expressway Bridge in Savannah, GA. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the placement of multiple
spans for the new Islands Expressway Bridge. Entry of vessels or
persons 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 September 26,
2019 to 2:00 p.m. on October 22, 2019. For the purposes of enforcement,
actual notice will be used from 8:00 a.m. on September 18, 2019 through
September 26, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0756 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Rachel Crowe, Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard; telephone 912-652-4353, extension
243, or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 doing so would be impracticable.
Immediate action is needed to respond to the potential safety hazards
created by the placement of multiple spans for the new Islands
Expressway Bridge. The Coast Guard received information on August 27,
2019 regarding the operations beginning on September 18, 2019. The
operation would begin before the rulemaking process would be completed.
Because of the dangers posed by the placement of multiple spans, the
safety zone is necessary to provide for the safety of persons, vessels,
and the marine environment in the event area.
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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the
construction and placement of multiple spans.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Savannah has determined that potential hazards
associated with the placement of multiple spans for the new Islands
Expressway Bridge starting September 18, 2019, will be a safety concern
for anyone within 1,000 feet of the north and south side of the Islands
Expressway Bridge. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone during bridge construction.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:00 a.m. on September 18,
2019
[[Page 50757]]
to 2:00 p.m. on September 20, 2019, 8:00 a.m. on September 23, 2019 to
2:00 p.m. on September 27, 2019, 8:00 a.m. on September 30, 2019 to
2:00 p.m. on October 4, 2019, 8:00 a.m. on October 14, 2019 to 2:00
p.m. on October 18, 2019, 8:00 a.m. on October 21, 2019 to 2:00 p.m. on
October 22, 2019. The safety zone will cover all navigable waters
within 1,000 feet on the north and south side of the Islands Expressway
Bridge, Savannah, GA. Weather contingency days have been factored into
this timeframe. If the safety zone is not enforced on weather
contingency days, the Coast Guard will notify the public via Broadcast
Notice to Mariners and will update the Local Notice to Mariners.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters during placement
of multiple spans for the new Islands Expressway Bridge. No vessel or
person will be permitted to enter, transit through, anchor in, or
remain within the safety zone without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
is only in effect for navigable waters within 1,000 feet of the Islands
Expressway Bridge on the north and south side during the placement of
multiple spans for the new Islands Expressway Bridge. Vessels and
persons seeking to enter, transit through, anchor in, or remain within
the regulated area may seek authority from the COTP or a designated
representative. The Coast Guard will provide notification of the
regulated area to the local maritime community by Local Notice to
Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and Marine Safety Information Bulletin release.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 a safety zone during the placement of
multiple spans for the new Islands Expressway Bridge. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. A Record of
[[Page 50758]]
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. 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.
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegations No.
0170.1.
0
2. Add Sec. 165.T07-0756 to read as follows:
Sec. 165.T07-0756 Safety Zone, Wilmington River, Savannah, GA.
(a) Regulated area. The following areas are established as safety
zones: All waters of the Wilmington River within 1,000 feet on the
north and south side of the Islands Expressway Bridge, Wilmington River
in Savannah, GA.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels or aircraft, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) 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 area of the safety zone unless authorized by the COTP
Savannah or a designated representative.
(2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP Savannah by
telephone at (912) 652-4353 x 243, 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 area
is granted by the COTP Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, Marine Safety
Information Bulletins, and on-scene designated representatives.
(d) Effective and enforcement period. This section is effective
without actual notice from September 26, 2019 to 2:00 p.m. on October
22, 2019. For the purposes of enforcement, actual notice will be used
from 8:00 a.m. on September 18, 2019 through September 26, 2019. This
section will be enforced intermittently from 8:00 a.m. on September 18,
2019 to 2:00 p.m. on September 20, 2019, 8:00 a.m. on September 23,
2019 to 2:00 p.m. on September 27, 2019, 8:00 a.m. on September 30,
2019 to 2:00 p.m. on October 4, 2019, 8:00 a.m. on October 14, 2019 to
2:00 p.m. on October 18, 2019, 8:00 a.m. on October 21, 2019 to 2:00
p.m. on October 22, 2019.
(e) Notice of suspension of enforcement. If the safety zone
described in paragraph (a) of this section is not enforced on the days
listed in paragraph (d) of this section, the Coast Guard will notify
the public via Broadcast Notice to Mariners and will update the Local
Notice to Mariners.
Dated: September 16, 2019.
Judson A. Coleman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Savannah.
[FR Doc. 2019-20565 Filed 9-25-19; 8:45 am]
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