
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57004-57006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18008]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0542]
RIN 1625-AA00


Safety Zones; Savannah River, M/V BIGLIFT BARENTSZ, Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for 
navigable waters of the Savannah River, within a 500-yard radius around 
Motor Vessel (M/V) BIGLIFT BARENTSZ. The safety zones are 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 the safety zones are prohibited unless 
specifically authorized by the Captain of the Port Savannah or a 
designated representative.

DATES: This rule is effective from 7 a.m. on August 24, 2023 through 
11:59 p.m. on September 11, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0542 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 Marine Science Technician First Class Kellyn Starkey, 
Shoreside Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; 
telephone 912-652-4353, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
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

[[Page 57005]]

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. It is impracticable to publish an NPRM because we must establish 
safety zones by August 24, 2023. The Motor Vessel (M/V) BIGLIFT 
BARENTSZ will be transiting through the Savannah River to Georgia Port 
Authority Garden City Terminal Berth No. 1 while carrying large cranes, 
and for the offloading of those cranes to the facility. 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 immediate action is needed to 
respond to the potentical safety hazards associated with the potential 
hazards associated with the transit and offload of gantry cranes from 
M/V BIGLIFT BARENTSZ.

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 transit and offload of gantry 
cranes from M/V BIGLIFT BARENTSZ scheduled for August 24, 2023, through 
September 11, 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 zones while the vessel is transiting the Savannah River and 
offloading gantry cranes.

IV. Discussion of the Rule

    This rule establishes two temporary safety zones from August 24, 
2023 through September 11, 2023. A moving and fixed temporary safety 
zone will be established for the vessel M/V BIGLIFT BARENTSZ 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 September 
11, 2023, but it will not be enforced after the cranes have been 
removed from the vessel. The safety zones are 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.

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, 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 scope of the safety zones. The safety zones are 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 BARENTSZ while it is 
underway with cranes onboard, and while it is moored to the terminal, 
and discharging its cargo. The safety zones are limited in scope as 
vessel traffic may be able to safely transit around the safety zones 
and vessels may seek permission from the COTP to enter the safety 
zones. 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.

[[Page 57006]]

    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 safety 
zones 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.T07-0542 to read as follows:


Sec.  165.T07-0542  Safety Zone; Savannah River, M/V BIGLIFT BARENTSZ, 
Savannah, GA.

    (a) Location. The following areas are safety zones:
    (1) A moving safety zone that includes all navigable waters of the 
Savannah River, within a 500-yard radius of the Motor Vessel (M/V) 
BIGLIFT BARENTSZ while transiting the Savannah River and laden with 
oversized cranes.
    (2) A fixed zone that includes all navigable waters of the Savannah 
River, within a 500-yard radius of vessel M/V BIGLIFT BARENTSZ 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 period. This section is effective from August 24, 
2023, through September 11, 2023.
    (e) Enforcement period. The moving safety zone will be enforced 
while the vessel M/V BIGLIFT BARENTSZ is transiting with the cranes 
embarked. The fixed safety zone will be enforced while the vessel M/V 
BIGLIFT BARENTSZ is moored at the facility, and the cranes are onboard.

    Dated: August 16, 2023.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-18008 Filed 8-21-23; 8:45 am]
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