[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56568-56570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25751]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0977]
RIN 1625-AA00


Safety Zone, 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 around the M/V SWAN during its transit from the 
Savannah River entry point to Garden City Terminal in Savannah, GA and 
during cargo operations. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the transport and offloading of oversized cranes. 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 November 29, 
2017, through December 2, 2017. For the purposes of enforcement, actual 
notice

[[Page 56569]]

will be used from November 21, 2017, through November 29, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0977 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 MST2 Adam White, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone 912-652-4353, extension 
233, 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 and 
contrary to the public interest. Immediate action is needed to respond 
to the potential safety hazards created by the transport and offloading 
of oversized cranes. The Coast Guard received information on October 
12, 2017 regarding the operations beginning on November 21, 2017. The 
operation would begin before the rulemaking process would be completed. 
Because of the dangers posed by the cranes, the safety zone is 
necessary to provide for the safety of persons, vessels, and the marine 
environment in the event area. Therefore, it is impracticable and 
contrary to the public interest to delay promulgating this rule, as it 
is necessary to protect the safety of waterway users.
    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 transport 
and offloading of oversized cranes.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Savannah has determined that potential hazards 
associated with the transport and offloading of oversized cranes 
starting November 21, 2017, will be a safety concern for anyone on the 
Savannah River from the Savannah River entry point to Garden City 
Terminal in Savannah, GA. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone during the M/V SWAN transit and cargo operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from November 21, 2017 through 
December 2, 2017. The safety zone will cover all navigable waters 
within 500 yards of the M/V SWAN during cargo operations, and 1 mile 
ahead and astern of the M/V SWAN during inbound transit. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during transit and cargo 
operations. 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 within a small area around the M/V SWAN and only for 
less than two weeks during operations. 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 Security 
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

[[Page 56570]]

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 only during inbound transit and 
cargo operations of the M/V SWAN. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A Record of 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:  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 Delegations 
No. 0170.1.

0
2. Add Sec.  165.T07-0977 to read as follows:


Sec.  165.T07-0977   Safety Zone; Crane Transit and Unloading from M/V 
SWAN, Savannah River, Savannah, GA.

    (a) Regulated area. The following areas are established as safety 
zones:
    (1) All waters of the Savannah River within one nautical mile ahead 
and astern of the M/V SWAN as it transits from the Savannah River 
entrance to Garden City Terminal.
    (2) All waters within a 500-yard radius around the M/V SWAN while 
conducting cargo operations at Garden City Terminal.
    (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, 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 
Security Bulletins, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced from November 
21, 2017 through December 2, 2017.

    Dated: November 17, 2017.
Norm C. Witt,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2017-25751 Filed 11-28-17; 8:45 am]
 BILLING CODE 9110-04-P


