Special Local Regulations; Savannah Tall Ships Challenge, Savannah River, Savannah, GA, 19534-19537 [2012-7793]
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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations
public procedure as unnecessary. For
this same reason, pursuant to 5 U.S.C.
553(d)(3), CBP finds that good cause
exists for dispensing with the
requirement for a delayed effective date.
The Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
Executive Order 12866
As these amendments are technical
corrections to the regulations to reflect
statutory changes, these amendments do
not meet the criteria for a ‘‘significant
regulatory action’’ as specified in
Executive Order 12866.
Signing Authority
This document is limited to technical
corrections of the CBP regulations.
Accordingly, it is being signed under
the authority of 19 CFR 0.1(b)(1).
List of Subjects
19 CFR Part 171
Administrative practice and
procedure, Customs duties and
inspection, Law enforcement, Penalties,
Seizures and forfeitures.
19 CFR Part 172
Administrative practice and
procedure, Customs duties and
inspection, Penalties.
Amendments to the CBP Regulations
For the reasons stated in the
preamble, parts 171 and 172 of title 19
of the Code of Federal Regulations (19
CFR parts 171 and 172) are amended as
set forth below.
PART 171—FINES, PENALTIES, AND
FORFEITURES
PART 172—CLAIMS FOR LIQUIDATED
DAMAGES; PENALTIES SECURED BY
BONDS
4. The authority citation for part 172
is revised to read as follows:
■
Authority: 19 U.S.C. 66, 1618, 1623, 1624.
§ 172.11
[Amended]
5. Section 172.11(a) is amended by
removing the phrase ‘‘, or section 320 of
title 46, United States Code App. (46
U.S.C. App. 320),’’, and by removing the
word ‘‘shall’’ and adding in its place the
word ‘‘will’’.
■
§ 172.12
[Amended]
6. Section 172.12 is amended by:
a. Removing the phrase ‘‘, or section
320 of title 46, United States Code App.
(46 U.S.C. App. 320),’’;
■ b. Adding the words ‘‘International
Trade, ’’ after the words, ‘‘Office of’’;
and
■ c. Removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’.
■
■
Dated: March 28, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2012–7814 Filed 3–30–12; 8:45 am]
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[Amended]
2. Section 171.11(a) is amended by
removing the phrase ‘‘, or section 320 of
title 46, United States Code App. (46
U.S.C. App. 320),’’.
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[Amended]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
RIN 1625–AA08
Food and Drug Administration
Special Local Regulations; Savannah
Tall Ships Challenge, Savannah River,
Savannah, GA
AGENCY:
ACTION:
Food and Drug Administration,
HHS.
ACTION:
Final rule; correction.
In the Federal Register of
March 9, 2012 (76 FR 14272), the Food
and Drug Administration (FDA)
classified norovirus serological reagents
into class II (special controls) because
special controls, in addition to general
controls, will provide a reasonable
assurance of safety and effectiveness of
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
Medical Devices; Immunology and
Microbiology Devices; Classification of
Norovirus Serological Reagents;
Correction
SUMMARY:
3. Section 171.12 is amended by:
a. Adding the word, ‘‘or’’, before the
phrase ‘‘section 5321(c) of title 31,
United States Code (31 U.S.C. 5321(c))’’;
■ b. Removing the phrase ‘‘, or section
320 of title 46, United States Code App.
(46 U.S.C. App. 320),’’;
■
■
[FR Doc. 2012–7757 Filed 3–30–12; 8:45 am]
[Docket No. USCG–2012–0039]
■
§ 171.12
Dated: March 27, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. FDA–2012–N–0165]
Authority: 18 U.S.C. 983; 19 U.S.C. 66,
1592, 1593a, 1618, 1624; 22 U.S.C. 401; 31
U.S.C. 5321.
these devices. The document published
with inadvertent errors in the Analysis
of Impacts section. This document
corrects those errors.
DATES: Effective April 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Steven Gitterman, Center for Devices
and Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 5518, Silver Spring,
MD 20993–0002, 301–796–6694.
SUPPLEMENTARY INFORMATION: In FR Doc.
2012–5675 appearing on page 14272 in
the Federal Register of Friday, March 9,
2012, the following corrections are
made:
1. On page 14274, in the first column,
in section VI. Analysis of Impacts, in the
first paragraph, in the last sentence,
correct the phrase ‘‘proposed rule’’ to
read ‘‘final rule’’, and in the second
paragraph, in the last sentence, correct
the phrase ‘‘proposes to certify’’ to read
‘‘certifies’’.
2. On page 14274, in the second
column, in the first full sentence,
correct the phrase ‘‘proposed rule’’ to
read ‘‘final rule’’.
33 CFR Part 100
21 CFR Part 866
1. The authority citation for part 171
is revised to read as follows:
■
§ 171.11
c. Removing the words ‘‘, unless there
has been no delegation to act by the
Secretary of the Treasury or his
designee’’;
■ d. Removing the last sentence of the
paragraph; and
■ e. Adding the punctuation ‘‘.’’ after
the word ‘‘appropriate’’.
■
The Coast Guard is
establishing special local regulations on
the Savannah River in Savannah,
Georgia during the Savannah Tall Ships
Challenge. The Savannah Tall Ships
Challenge will take place from
Thursday, May 3, 2012 through
Monday, May 7, 2012. Approximately
15 vessels are anticipated to participate
in the event. These special local
regulations are necessary to provide for
the safety of life and property on
navigable waters of the United States
during the event. The special local
regulations establish the following three
areas: Mooring zones; buffer zones; and
SUMMARY:
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a staging area. First, mooring zones will
be established around vessels
participating in the Savannah Tall Ships
Challenge while the vessels are moored
at their mooring locations along the
right and left descending banks of the
Savannah River in Savannah, Georgia.
Second, buffer zones will be established
around vessels participating in the
Savannah Tall Ships Challenge as they
transit from their mooring locations on
the Savannah River to the staging area.
Third, a staging area will be established,
where vessels participating in the
Savannah Tall Ships Challenge will
congregate before commencing their
voyage to the next port as part of the
2012 Tall Ships Challenge. Persons and
vessels that are not participating in the
Savannah Tall Ships Challenge are
prohibited from entering, transiting
through, anchoring in, or remaining
within the mooring zones, buffer zones,
or staging area unless authorized by the
Captain of the Port Savannah or a
designated representative.
DATES: This rule is effective from 10:30
a.m. on May 3, 2012 through 4:30 p.m.
on May 7, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2012–0039 and are
available online by going to https://www.
regulations.gov, inserting USCG–2012–
0039 in the ‘‘Keyword’’ box, and then
clicking ‘‘Search.’’ This material is also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Chief Petty
Officer Benjamin Mercado, Marine
Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone (912) 652–4353, email
Benjamin.Mercado@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 7, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations;
Savannah Tall Ships Challenge,
Savannah River, Savannah, GA in the
Federal Register (77 FR 6039). We
received two comments on the proposed
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rule. No public meeting was requested,
and none was held.
Basis and Purpose
The legal basis for the temporary final
rule is the Coast Guard’s authority to
establish special local regulations: 33
U.S.C. 1233. The purpose of the rule is
to insure safety of life and property on
navigable waters of the United States
during the Savannah Tall Ships
Challenge.
Discussion of Comments and Changes
The Coast Guard received two
comments regarding the NPRM. One
comment stated that the proposed rule
provided the Captain of the Port of
Savannah with almost unlimited
discretion as to navigation of regions of
the Savannah River for the time period
in question. As a result, the comment
recommended that the proposed rule be
rewritten to limit the discretion of the
Captain of the Port of Savannah to
ensure large shipping vessels are not
disrupted from their activities at the
Port of Savannah. There was also
concern that many such ships are
traveling from a great distance and
would not receive notice of any
disruption in the Port, and the
ramifications of such ships being unable
to make a delivery could be significant.
The Coast Guard understands these
concerns. However, the Captain of the
Port has the authority under 33 U.S.C.
1233 and 33 CFR 100.35 to promulgate
special local regulations to promote the
safety of life on navigable waters of the
United States during regattas or marine
parades. These regulations may include
restrictions and controls over vessel
movement immediately before, during,
and after the event. The Coast Guard
issued a marine event permit for the
Savannah Tall Ships Challenge under
33 CFR part 100 because the event (due
to its nature, circumstances, or location)
will introduce extra or unusual hazards
to the safety of life on the navigable
waters of the United States. Specifically,
the Coast Guard believes the Savannah
Tall Ships Challenge will attract a
significant amount of recreational
boating traffic not normally present on
the Savannah River. Additionally, due
to the narrow width of the Savannah
River, the Coast Guard finds it necessary
to establish the mooring and buffer
zones to protect the vessels participating
in the Savannah Tall Ships Challenge,
as well as the commercial and
recreational vessels that will be present
on the Savannah River during the event.
Before publishing the NPRM, the Coast
Guard limited the scope of the special
local regulations to the extent necessary
to provide for the safety of life and
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property on navigable waters of the
United States during the event. The
Coast Guard also understands the
concerns about large shipping vessels
not having notice or being able to make
a delivery. As such, the NPRM was
published in the Federal Register 85
days prior to the enforcement date of
this temporary final rule, this rule will
be published in the Federal Register at
least 30 days before it is enforced, and
the Coast Guard will provide notice of
the Savannah Tall Ships Challenge via
Local Notice to Mariners, Broadcast
Notice to Mariners, and a Maritime
Safety and Security Bulletin. Finally,
persons and vessels may request
authorization from the Captain of the
Port Savannah to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the
Captain of the Port Savannah by
telephone at (912) 652–4353, or a
designated representative via VHF radio
on channel 16.
The second comment requested a
change to the location of the Tall Ships
Challenge race start. The comment
stated that the race start in the NPRM is
in the middle of a pilot boarding area,
and because these tall ships are under
sail power they require space away from
commercial vessel traffic to maneuver
safely. Therefore, it was recommended
that the race start be moved. The Coast
Guard understands this comment about
the starting area to be referring to the
staging area that is set forth in the
NPRM. The Coast Guard concurs with
the recommendation to move the staging
area. As a result, the Coast Guard has
moved the staging area to encompass all
waters within one nautical mile radius
of position 31°59′30″ N 80°42′55″ W.
This new area is approximately two
miles north of the original area. If you
are aware of problems caused by this
new area, please contact the person
indicated in the FOR FURTHER
INFORMATION CONTACT section, above.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
Regulatory Planning and Review
Executive Orders 13563, Improving
Regulation and Regulatory Review, and
12866, Regulatory Planning and Review,
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
(including potential economic,
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environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has not been designated a significant
regulatory action under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
has not reviewed this rule under
Executive Order 12866.
The economic impact of this rule is
not significant for the following reasons:
(1) The special local regulations will be
enforced for a total of 102 hours; (2)
although persons and vessels will not be
able to enter, transit through, anchor in,
or remain within the regulated areas
without authorization from the Captain
of the Port Savannah or a designated
representative, they may operate in the
surrounding area during the
enforcement periods; (3) persons and
vessels will still be able to enter, transit
through, anchor in, or remain within the
regulated areas if authorized by the
Captain of the Port Savannah or a
designated representative; and (4) the
Coast Guard will provide advance
notification of the special local
regulations to the local maritime
community by Local Notice to Mariners,
Broadcast Notice to Mariners, and a
Maritime Safety and Security Bulletin.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within
that portion of the Savannah River
encompassed within the special local
regulations from 10:30 a.m. on May 3,
2012 through 4:30 p.m. on May 7, 2012.
For the reasons discussed in the
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
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Assistance for Small Entities
Civil Justice Reform
In the NPRM, and in accordance with
section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104–121), we offered to
assist small entities in understanding
the rule so that they could better
evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce or 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.
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
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
determined that this rule does not have
implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(h), of the Instruction. This rule
involves establishing special local
regulations issued in conjunction with a
regatta or marine parade. Under figure
2–1, paragraph (34)(h), of the
Instruction, an environmental analysis
checklist and a categorical exclusion
determination are not required for this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0039
to read as follows:
■
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§ 100.35T07–0039 Special Local
Regulations; Savannah Tall Ships
Challenge, Savannah River, Savannah, GA.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations during the
Savannah Tall Ships Challenge, with
the specific enforcement period for each
of the regulated areas. All coordinates
are North American Datum 1983.
(1) Mooring Zones. All waters of the
Savannah River within 25 yards of
vessels participating in the Savannah
Tall Ships Challenge while such vessels
are moored. These regulated areas will
be enforced from 10:30 a.m. on May 3,
2012 until 3 p.m. on May 7, 2012.
(2) Buffer Zones. All waters of the
Savannah River within 200 yards of
vessels participating in the Savannah
Tall Ships Challenge as they transit
from their mooring locations to the
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staging area. These regulated areas will
be enforced from 11:30 a.m. until 3 p.m.
on May 7, 2012.
(3) Staging Area. All waters within a
one nautical mile radius of position
31°59′30″ N 80°42′55″ W. This regulated
area will be enforced from 11:30 a.m.
until 4:30 p.m. on May 7, 2012.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port 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 areas
unless authorized by the Captain of the
Port Savannah or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas may
contact the Captain of the Port
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 areas is granted by
the Captain of the Port Savannah or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Savannah or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas, including
the names and mooring locations of the
vessels participating in the Savannah
Tall Ships Challenge and the identities
of the lead safety vessel and the last
safety vessel as the vessels transit to the
staging area, prior to the event by Local
Notice to Mariners, Broadcast notice to
Mariners, and a Maritime Safety and
Security Bulletin. Notice will also be
provided by on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 10:30 a.m. on May 3,
2012 through 4:30 p.m. on May 7, 2012.
DEPARTMENT OF HOMELAND
SECURITY
Dated: March 21, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of
the Port Savannah.
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Coast Guard
33 CFR Part 151
[Docket No. USCG–2011–0187]
RIN 1625–AB76
MARPOL Annex V Special Areas:
Wider Caribbean Region
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
By this final rule, the Coast
Guard amends the list of special areas
in effect under Annex V of the
International Convention for the
Prevention of Pollution from Ships,
1973, as modified by the Protocol of
1978, as amended, to include the Wider
Caribbean Region special area. The
current list of special areas in effect is
outdated because it does not include
this special area, which went into effect
May 1, 2011. This rule will correct the
list of special areas in effect to provide
accurate information to the public.
DATES: This final rule is effective April
2, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0187 and are
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2011–0187 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email David Condino, U.S. Coast Guard
Office of Port and Facility Activities;
telephone 202–372–1145, email
David.A.Condino@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
A. Regulatory Planning and Review
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[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Rules and Regulations]
[Pages 19534-19537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7793]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0039]
RIN 1625-AA08
Special Local Regulations; Savannah Tall Ships Challenge,
Savannah River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing special local regulations on
the Savannah River in Savannah, Georgia during the Savannah Tall Ships
Challenge. The Savannah Tall Ships Challenge will take place from
Thursday, May 3, 2012 through Monday, May 7, 2012. Approximately 15
vessels are anticipated to participate in the event. These special
local regulations are necessary to provide for the safety of life and
property on navigable waters of the United States during the event. The
special local regulations establish the following three areas: Mooring
zones; buffer zones; and
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a staging area. First, mooring zones will be established around vessels
participating in the Savannah Tall Ships Challenge while the vessels
are moored at their mooring locations along the right and left
descending banks of the Savannah River in Savannah, Georgia. Second,
buffer zones will be established around vessels participating in the
Savannah Tall Ships Challenge as they transit from their mooring
locations on the Savannah River to the staging area. Third, a staging
area will be established, where vessels participating in the Savannah
Tall Ships Challenge will congregate before commencing their voyage to
the next port as part of the 2012 Tall Ships Challenge. Persons and
vessels that are not participating in the Savannah Tall Ships Challenge
are prohibited from entering, transiting through, anchoring in, or
remaining within the mooring zones, buffer zones, or staging area
unless authorized by the Captain of the Port Savannah or a designated
representative.
DATES: This rule is effective from 10:30 a.m. on May 3, 2012 through
4:30 p.m. on May 7, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2012-0039 and are available online by going to
https://www.regulations.gov, inserting USCG-2012-0039 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Chief Petty Officer Benjamin
Mercado, Marine Safety Unit Savannah Office of Waterways Management,
Coast Guard; telephone (912) 652-4353, email Benjamin.Mercado@uscg.mil.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 7, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Savannah Tall Ships
Challenge, Savannah River, Savannah, GA in the Federal Register (77 FR
6039). We received two comments on the proposed rule. No public meeting
was requested, and none was held.
Basis and Purpose
The legal basis for the temporary final rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233. The
purpose of the rule is to insure safety of life and property on
navigable waters of the United States during the Savannah Tall Ships
Challenge.
Discussion of Comments and Changes
The Coast Guard received two comments regarding the NPRM. One
comment stated that the proposed rule provided the Captain of the Port
of Savannah with almost unlimited discretion as to navigation of
regions of the Savannah River for the time period in question. As a
result, the comment recommended that the proposed rule be rewritten to
limit the discretion of the Captain of the Port of Savannah to ensure
large shipping vessels are not disrupted from their activities at the
Port of Savannah. There was also concern that many such ships are
traveling from a great distance and would not receive notice of any
disruption in the Port, and the ramifications of such ships being
unable to make a delivery could be significant.
The Coast Guard understands these concerns. However, the Captain of
the Port has the authority under 33 U.S.C. 1233 and 33 CFR 100.35 to
promulgate special local regulations to promote the safety of life on
navigable waters of the United States during regattas or marine
parades. These regulations may include restrictions and controls over
vessel movement immediately before, during, and after the event. The
Coast Guard issued a marine event permit for the Savannah Tall Ships
Challenge under 33 CFR part 100 because the event (due to its nature,
circumstances, or location) will introduce extra or unusual hazards to
the safety of life on the navigable waters of the United States.
Specifically, the Coast Guard believes the Savannah Tall Ships
Challenge will attract a significant amount of recreational boating
traffic not normally present on the Savannah River. Additionally, due
to the narrow width of the Savannah River, the Coast Guard finds it
necessary to establish the mooring and buffer zones to protect the
vessels participating in the Savannah Tall Ships Challenge, as well as
the commercial and recreational vessels that will be present on the
Savannah River during the event. Before publishing the NPRM, the Coast
Guard limited the scope of the special local regulations to the extent
necessary to provide for the safety of life and property on navigable
waters of the United States during the event. The Coast Guard also
understands the concerns about large shipping vessels not having notice
or being able to make a delivery. As such, the NPRM was published in
the Federal Register 85 days prior to the enforcement date of this
temporary final rule, this rule will be published in the Federal
Register at least 30 days before it is enforced, and the Coast Guard
will provide notice of the Savannah Tall Ships Challenge via Local
Notice to Mariners, Broadcast Notice to Mariners, and a Maritime Safety
and Security Bulletin. Finally, persons and vessels may request
authorization from the Captain of the Port Savannah to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port Savannah by telephone at (912) 652-4353, or a
designated representative via VHF radio on channel 16.
The second comment requested a change to the location of the Tall
Ships Challenge race start. The comment stated that the race start in
the NPRM is in the middle of a pilot boarding area, and because these
tall ships are under sail power they require space away from commercial
vessel traffic to maneuver safely. Therefore, it was recommended that
the race start be moved. The Coast Guard understands this comment about
the starting area to be referring to the staging area that is set forth
in the NPRM. The Coast Guard concurs with the recommendation to move
the staging area. As a result, the Coast Guard has moved the staging
area to encompass all waters within one nautical mile radius of
position 31[deg]59'30'' N 80[deg]42'55'' W. This new area is
approximately two miles north of the original area. If you are aware of
problems caused by this new area, please contact the person indicated
in the FOR FURTHER INFORMATION CONTACT section, above.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.
Regulatory Planning and Review
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic,
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environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a significant regulatory action under section 3(f) of Executive Order
12866. Accordingly, the Office of Management and Budget has not
reviewed this rule under Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for a total of 102 hours; (2) although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the
regulated areas without authorization from the Captain of the Port
Savannah or a designated representative, they may operate in the
surrounding area during the enforcement periods; (3) persons and
vessels will still be able to enter, transit through, anchor in, or
remain within the regulated areas if authorized by the Captain of the
Port Savannah or a designated representative; and (4) the Coast Guard
will provide advance notification of the special local regulations to
the local maritime community by Local Notice to Mariners, Broadcast
Notice to Mariners, and a Maritime Safety and Security Bulletin.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River encompassed within the special local regulations from
10:30 a.m. on May 3, 2012 through 4:30 p.m. on May 7, 2012. For the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities.
Assistance for Small Entities
In the NPRM, and in accordance with section 213(a) of the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121),
we offered to assist small entities in understanding the rule so that
they could better evaluate its effects on them and participate in the
rulemaking process. Small businesses may send comments on the actions
of Federal employees who enforce or 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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
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 determined
that this rule does not have implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
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This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction. This rule involves establishing
special local regulations issued in conjunction with a regatta or
marine parade. Under figure 2-1, paragraph (34)(h), of the Instruction,
an environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0039 to read as follows:
Sec. 100.35T07-0039 Special Local Regulations; Savannah Tall Ships
Challenge, Savannah River, Savannah, GA.
(a) Regulated Areas. The following regulated areas are established
as special local regulations during the Savannah Tall Ships Challenge,
with the specific enforcement period for each of the regulated areas.
All coordinates are North American Datum 1983.
(1) Mooring Zones. All waters of the Savannah River within 25 yards
of vessels participating in the Savannah Tall Ships Challenge while
such vessels are moored. These regulated areas will be enforced from
10:30 a.m. on May 3, 2012 until 3 p.m. on May 7, 2012.
(2) Buffer Zones. All waters of the Savannah River within 200 yards
of vessels participating in the Savannah Tall Ships Challenge as they
transit from their mooring locations to the staging area. These
regulated areas will be enforced from 11:30 a.m. until 3 p.m. on May 7,
2012.
(3) Staging Area. All waters within a one nautical mile radius of
position 31[deg]59'30'' N 80[deg]42'55'' W. This regulated area will be
enforced from 11:30 a.m. until 4:30 p.m. on May 7, 2012.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port 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 areas unless authorized by the Captain of the Port Savannah
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port 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 areas is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas,
including the names and mooring locations of the vessels participating
in the Savannah Tall Ships Challenge and the identities of the lead
safety vessel and the last safety vessel as the vessels transit to the
staging area, prior to the event by Local Notice to Mariners, Broadcast
notice to Mariners, and a Maritime Safety and Security Bulletin. Notice
will also be provided by on-scene designated representatives.
(d) Enforcement Date. This rule will be enforced from 10:30 a.m. on
May 3, 2012 through 4:30 p.m. on May 7, 2012.
Dated: March 21, 2012.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2012-7793 Filed 3-30-12; 8:45 am]
BILLING CODE 9110-04-P
