[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67950-67953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21730]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0466]
RIN 1625-AA00


Safety Zone; Wilmington River, Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is revising a temporary safety zone 
encompassing the Causton Bluff Bridge, on the Wilmington River, 
Savannah, GA. This action is necessary to provide for the safety of 
life on these navigable waters for the planned demolition and removal 
of structural components of the original bridge, in preparation of the 
construction of a new span. This rulemaking would prohibit persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port Savannah or a designated representative.

DATES: This temporary interim rule is effective without actual notice 
from October 3, 2023 through November 30, 2023. For the purposes of 
enforcement, actual notice will be used from October 2, 2023, until 
October 3, 2023.
    Comments and related material must reach the Coast Guard on or 
before October 18, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0466 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Anthony Harris, Office of Waterways Management, 
Marine Safety Unit Savannah, U.S. Coast Guard; telephone 912-652-4353 
ext. 240, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
ESA Endangered Species Act
FR Federal Register
GA DOT Georgia Department of Transportation
NPRM Notice of proposed rulemaking
TIR Temporary Interim Rule
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 15, 2023, the Coast Guard published a temporary 
interim rule (TIR) \1\ with requests for comment. The TIR established a 
temporary safety zone encompassing the Causton Bluff Bridge, on the 
Wilmington River, Savannah, GA. When the rule was published, the Coast 
Guard immediately began receiving comments on the safety zone posted on 
the docket and emails sent directly to the Coast Guard.\2\ In order to 
address the concerns raised by the commenters, the Coast Guard made the 
determination not to enforce the original TIR until an updated 
enforcement schedule could be published through a new TIR. This new TIR 
takes into consideration the 23 comments received thus far and revises 
the existing safety zone to provide the public with a schedule that 
equitably balances the needs of the Georgia Department of 
Transportation (GA DOT) and the waterway users.
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    \1\ 88 FR 63527.
    \2\ The emailed comments have been posted to the docket folder. 
These comments are accessible at: www.regulations.gov/docket/USCG-2023-0466/comments.
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    The Coast Guard is issuing this TIR 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 TIR because doing so would be impracticable. This 
revised safety zone must be established by October 2, 2023, in order to 
protect vessels and waterway users from the potential hazards 
associated with demolition operations on the Causton Bluff Bridge. We 
lack sufficient time to provide a reasonable comment period and then to 
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this TIR effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this TIR would be contrary to the public's interest because we must 
ensure the protection of vessels and waterway users during the 
demolition operations.
    We are soliciting comments on this rulemaking. If we determine that 
changes to this rulemaking action are necessary, the Coast Guard will 
consider comments received in a subsequent TIR or temporary final rule.

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 the demolition operations of the 
Causton Bluff Bridge. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the demolition project continues.

IV. Discussion of Comments, Changes and the Rule

    As noted above, we received 23 comment submissions on our TIR that 
published in the Federal Register on September 15, 2023. The commenters 
expressed concerns regarding the timing and duration of the demolition 
operations, the restrictions on daylight hour transit for recreational 
and commercial vessel traffic and related economic impacts, potential 
dangers to recreational vessels in the designated anchorage area during 
tropical storms and hurricanes, and the Coast Guard's notification 
process. These concerns are discussed below.
    Several commenters expressed concerns about the timing of the 
demolition project, particularly about scheduling the work during peak 
``snowbird'' season, when seasonal recreational boaters transit from 
northern states to warmer southern states, and the economic impact on 
recreational vessel owners, along with other economic impacts to 
shoreside docks and marinas.
    The project sponsor and the Coast Guard are unable to further delay 
the project, as proposed by the commenters because of restrictions 
related to the Federal Endangered Species Act (ESA) \3\ and related 
Georgia State regulations. The project location coincides with the 
habitat of the Atlantic sturgeon and shortnose sturgeon, which are 
protected as an Endangered species by the Federal ESA. The National 
Oceanic and Atmospheric Administration (NOAA)

[[Page 67951]]

and Georgia State regulations prevent in-water work, which would be 
required for this project, from December 1 through April 30, which is 
the combined spawning migration season for the Atlantic sturgeon and 
the shortnose sturgeon. Therefore, the bridge project must occur before 
that date.
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    \3\ 15 U.S.C. 1531 et seq.
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    Several commenters expressed concerns about restrictions on 
daylight hour transit for recreational and commercial vessel traffic 
through the safety zone, and where particularly concerned with 
congestion and delays transiting the waterway, limits of designated 
anchorage areas where vessels may safely wait for vessel traffic to 
clear, and challenges of navigating the safety zone at night. The Coast 
Guard is taking significant actions to minimize, to the extent 
possible, the impact on commercial and recreational waterway use. The 
restrictions on vessel traffic through the safety zone is intended to 
facilitate the performance of the demolition project, mitigate the 
dangers associated with the project, and to protect personnel, vessels, 
and the marine environment in these navigable waters while the 
demolition project continues. To address this concern, the Coast Guard 
has modified the enforcement period to allow three hours a day for 
vessels to transit during daylight.
    Two commenters inquired about the dangers tropical storms and 
hurricanes would pose to the temporary safety zone. The COTP Savannah 
has the authority to enact swift and detailed requirements during 
tropical storms and hurricanes to safeguard the safety of all vessel 
traffic and ensure the safe transit of the waterway.
    Several commenters expressed concerns about prior notice. In 
section II. Background Information and Regulatory History, the Coast 
Guard explains its legal basis for issuing this TIR without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the APA (5 U.S.C. 553(b)). The Coast Guard has the authority to 
publish TIRs to address situations like this. At all times we were 
acting within the scope of authority and are making the changes here to 
address this concern.
    Demolition operations will take place Monday through Sunday during 
daylight hours. Periodically while the safety zone is implemented, all 
vessel traffic will be permitted as reflected in Table 1 below. 
Notwithstanding the below table, all commercial traffic, with width 
clearances greater than 40 feet will be permitted passage outside the 
prescribed windows listed in Table 1 below with prior coordination with 
the demolition project contractor.

                                 Table 1
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                Open times                   Width clearance limitations
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10:00 a.m. to 10:30 a.m...................  Vessels 40 feet or less.
12:00 p.m. to 2:00 p.m....................  No limitations.
4:30 p.m. to 5:00 p.m.....................  Vessels 40 feet or less.
7:00 p.m. to 7:00 a.m.....................  No limitations.
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    The existing safety zone in 33 CFR 165.T07-0466 is being revised to 
include Table 1 in the regulatory text. No further changes are being 
made to the safety zone regulations.
    The duration of the revised safety zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the demolition project continues. No vessel or person will 
be permitted to enter 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 duration of the safety zone. The duration of the zone is 
intended to ensure the safety of vessels through the duration of the 
vessel's inbound and outbound transit and offload. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the 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 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.

[[Page 67952]]

    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 a 
safety zone lasting several hours daily that would prohibit entry 
within 300 yards of the Causton Bluff Bridge. The zone will prohibit 
entry while in effect. 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0466 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
rule as being available in the docket, find the docket as described in 
the previous paragraph, and then select ``Supporting & Related 
Material'' in the Document Type column. Public comments will also be 
placed in our online docket and can be viewed by following instructions 
on the https://www.regulations.gov. Frequently Asked Questions web 
page. Also, if you click on the Dockets tab and then the rule, you 
should see a ``Subscribe'' option for email alerts. The option will 
notify you when comments are posted, or a final rule is published.
    We review all comments received, but we will only post comments 
that address the topic of the rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 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 Delegation No. 
00170.1, Revision No. 01.3.


0
2. Revise Sec.  165.T07-0466 to read as follows:


Sec.  165.T07-0466  Safety Zone; Wilmington River, Savannah, GA.

    (a) Location. All navigable waters, from surface to bottom, of the 
Wilmington River within a 300-yard radius of position: 32[deg]3.73' N, 
81[deg]1.78' W in the vicinity of the Causton Bluff Bridge, Savannah, 
GA.
    (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) To seek permission to enter, contact the COTP or the COTP's 
representative by calling (912) 247-0073. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement periods. The safety zone in paragraph (a) of this 
section is in effect from 12:01 a.m. on October 2, 2023, through 11:59 
p.m. on November 30, 2023. This section will be subject to enforcement 
periodically during daylight hours as needed by the project manager to 
safely remove all remaining bridge structural components. The 
approximate enforcement schedule is reflected in Table 1 to Sec.  
165.T07-0466. Mariners will be informed of enforced zone and 
enforcement periods by Broadcast Notice to Mariners and the presence of 
Myrick Marine's safety boat on scene during working hours.

[[Page 67953]]



                     Table 1 to Sec.   165.T07-0466
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                Open times                   Width clearance limitations
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10:00 a.m. to 10:30 a.m...................  Vessels 40 feet or less.
12:00 p.m. to 2:00 p.m....................  No limitations.
4:30 p.m. to 5:00 p.m.....................  Vessels 40 feet or less.
7:00 p.m. to 7:00 a.m.....................  No limitations.
------------------------------------------------------------------------


    Dated: September 27, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-21730 Filed 10-2-23; 8:45 am]
BILLING CODE 9110-04-P