[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7871-7873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02561]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0977]
RIN 1625-AA00


Safety Zone; Savannah River, M/V BIGLIFT BAFFIN, 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, within a 500-yard radius around 
M/V BIGLIFT BAFFIN. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the transit through the Savannah River to Georgia Port Authority Garden 
City Terminal Berth No. 1 while carrying large cranes, and for the 
offload of those cranes to the facility. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Savannah or a designated representative.

DATES: This rule is effective from 7:00 a.m. on February 9, 2023 
through 11:59 p.m. on February 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0977 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 MST3 Jesse Dillon, Shoreside Compliance, Marine Safety 
Unit Savannah, U.S. Coast Guard; telephone 912-652-4353, 
[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. The 
Coast Guard lacks sufficient time to provide for a comment period and 
then consider those comments before issuing the rule since this rule is 
needed by February 9, 2023. It would be contrary to the public interest 
since immediate action is necessary to protect the safety of the 
public, and vessels transiting the waters of the Savannah River, during 
the planned movement and obstruction created by oversized cranes.
    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 the vessel is scheduled to 
arrive at the Port of Savannah on February 9, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Savannah 
(COTP) has determined that potential hazards associated with the 
transit and offload of gantry cranes from M/V BIGLIFT BAFFIN scheduled 
for February 9, 2023 through February 26, 2023, will be a safety 
concern for anyone within a 500-yard radius of the vessel. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the vessel is transiting 
the Savannah River and offloading gantry cranes.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from February, 9, 
2023 through February 26, 2023. A moving and fixed temporary safety 
zone will be established for the vessel M/V BIGLIFT BAFFIN while it is 
in the Savannah River and would cover all navigable waters within 500 
yards of the vessel, up to Georgia Port Authority Garden City Terminal 
Berth No. 1, and during offload of the cranes. The moving temporary 
safety zone would only be enforced while the vessel is transiting, and 
the fixed temporary safety zone will be enforced while it is 
discharging the cranes. This safety zone may last until February 26, 
2023 but it will not be enforced after the cranes have been removed 
from the vessel. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the movement and obstruction hazard of two oversized cranes transiting 
the Savannah River, and when the vessel is moored to that facility. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

[[Page 7872]]

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 size, location 
and scope of the safety zone. The zone is limited in size, location, 
and duration as it will cover all navigable waters of the Savannah 
River within 500 yards of the M/V/BIGLIFT BAFFIN while it is underway 
with cranes onboard, and while it is moored to the terminal, and 
discharging its cargo. The zone is limited in scope as vessel traffic 
may be able to safely transit around this safety zone and vessels may 
seek permission from the COTP to enter the zone. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the safety zone.

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 would 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 within 500 yards of M/V BIGLIFT BAFFIN 
during transit and offload of cranes. 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.T07-0977 to read as follows:

[[Page 7873]]

Sec.  165.T07-0977  Safety Zone; Savannah River, M/V BIGLIFT BAFFIN, 
Savannah, GA.

    (a) Location. The following is a safety zone: The moving safety 
zone will include all navigable waters of the Savannah River, within a 
500-yard radius of the vessel M/V BIGLIFT BAFFIN while transiting the 
Savannah River and laden with oversized cranes. The fixed zone will 
include all navigable waters of the Savannah River, within a 500-yard 
radius of vessel M/V BIGLIFT BAFFIN while moored at Georgia Port 
Authority Garden City Terminal Berth No. 1 and laden with oversized 
cranes.
    (b) Definition. 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) Effective and Enforcement period. This section is effective 
from February 9, 2023 through February 26, 2023. The moving zone will 
be enforced while the vessel is transiting with the cranes embarked, 
and the fixed zone will be enforced while the vessel is moored at the 
facility, and the cranes are onboard.

    Dated: January 31, 2023.
K.A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-02561 Filed 2-6-23; 8:45 am]
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