[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80067-80069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28236]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0971]
RIN 1625-AA00


Safety Zone; New Year's Fireworks Show, 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 for 
navigable waters of the Savannah River around Savannah, GA for the 
Savannah's Waterfront New Year's Eve event. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by fallout from the fireworks display. 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 from 11 p.m. on December 31, 2022, 
through 00:30 a.m., on January 1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0971 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MSTC Ashley Schad, of the Marine Safety Unit Savannah 
Office of Waterways Management, Coast Guard, at telephone 912-652-4353, 
extension 231, or via email at [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 and 
contrary to the public interest. The primary justification for this 
action is that the Coast Guard did not receive final details of the 
event until December 8, 2022 and the event is scheduled to begin on 
December 31, 2022. The event would begin before the rulemaking process 
would be completed. Therefore, the Coast Guard lacks sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule. Because of the dangers posed by the fireworks 
display, a safety zone is necessary without delay. It is impracticable 
and contrary to the public interest to delay promulgating this rule 
because it is necessary to protect personnel, vessels, and the marine 
environment from potential hazards created by the fireworks display.
    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 a fireworks 
display adjacent to a major shipping channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Savannah (COTP) has determined that 
potential hazards associated with a fireworks display on the Savannah 
River, near downtown Savannah, starting 11:00 p.m. on December 31, 
2022, through 00:30 a.m., on January 1, 2023 will be a safety concern 
for anyone within the area. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone during the New Year's Eve Fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 11 p.m. on 
December 31, 2022, through 00:30 a.m., on January 1, 2023. The safety 
zone will cover all navigable waters in the Savannah River adjacent to 
downtown Savannah. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
fallout from the New Year's Eve Fireworks display. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP or a designated representative. If authorization to 
enter, transit through, anchor in, or remain within the safety zone is 
granted by the COTP or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the COTP or a designated representative.

[[Page 80068]]

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. 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).
    This regulatory action determination is based on the following 
reasons: (1) the safety zone only being enforced for a total of one 
hour and thirty minutes; (2) although persons and vessels may not 
enter, transit through, anchor in, or remain within the zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the areas during the enforcement period if authorized by 
the COTP or a designated representative.

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 
call or email 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.

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, Rev. 1, associated implementing instructions, 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 This 
rule involves a safety zone lasting only one hour and thirty minutes 
that will prohibit entry within certain navigable waters of the 
Savannah River. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0971 to read as follows:

[[Page 80069]]

Sec.  165.T07-0971  Safety Zone; New Year's Fireworks Show, Savannah 
River, Savannah, GA.

    (a) Location. The following area is a safety zone: All waters of 
the Savannah River, from surface to bottom, bounded by a line drawn 
from a point located at 32[deg]4'56.79'' N, 0 81[deg]5'18.24'' W, 
thence to 32[deg]05'10'' N, 081[deg]05'39'' W, thence to 32[deg]05'04'' 
N, 081[deg]05'30'' W, thence to 32[deg]04'57'' N, 081[deg]05'34'' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Savannah (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's 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) 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 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 or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and 
on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from from 11 
p.m. on December 31, 2022, through 00:30 a.m., on January 1, 2023.

    Dated: December 21, 2022.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2022-28236 Filed 12-28-22; 8:45 am]
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