Safety Zone; Inbound Transit of M/V TEAL, Savannah River; Savannah, GA, 36431-36434 [2013-14417]

Download as PDF Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations discovery of a significant environmental impact from this rule. Dated: June 5, 2013. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. 36431 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: 33 CFR Part 165 [Docket No. USCG–2013–0245] List of Subjects in 33 CFR Part 165 If you have questions on this rule, call or email Chief Petty Officer Clayton P. Rennie, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone (912) 652–4353 ext 200, email Clayton.P.Rennie@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms [FR Doc. 2013–14415 Filed 6–17–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: ■ AGENCY: COTP Captain of the Port CB8 Container Berth 8 DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking STS Ship to Shore ACTION: A. Regulatory History and Information RIN 1625–AA00 Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Safety Zone; Inbound Transit of M/V TEAL, Savannah River; Savannah, GA 2. Add § 165.T09–0462 to read as follows: SUMMARY: ■ ehiers on DSK2VPTVN1PROD with RULES § 165.T09–0462 Safety Zone; Private Party fireworks; Lake Michigan, Chicago, IL. (a) Location. All waters of Lake Michigan, Chicago Harbor within a 900 foot radius of an approximate launch position at 41°47′ 59.35″ N, 87°34′33.24″ W (NAD 83). (b) Effective and Enforcement Period. This rule is effective and will be enforced from 10:30 p.m. until 11:30 p.m. on June 29, 2013. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Lake Michigan or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Lake Michigan or his designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Lake Michigan to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port, Lake Michigan or his on-scene representative to obtain permission to do so. The Captain of the Port, Lake Michigan or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Lake Michigan, or his on-scene representative. VerDate Mar<15>2010 13:43 Jun 17, 2013 Jkt 229001 FOR FURTHER INFORMATION CONTACT: Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a temporary moving safety zone around the M/V TEAL during its inbound transit on the Savannah River to the Georgia Ports Authority, Garden City Terminal Container Berth 8 (CB8). This safety zone facilitates the safe transit and offload of four oversized ship to shore (STS) cranes. The moving safety zone will transition to a temporary fixed safety zone when the M/V TEAL moors to CB8. This regulation is necessary to protect life and property on the navigable waters of the Savannah River due to the hazards associated with the transport of these oversized cranes and offloading operations. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Savannah or a designated representative. DATES: This rule will be enforced with actual notice from 5 a.m. on June 5, 2013, until June 18, 2013. This rule is effective in the Code of Federal Regulations from June 18, 2013 until 7:30 p.m. on June 24, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0245. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 The Coast Guard is issuing this final 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 it is impracticable. The Coast Guard did not receive notice of the transit until there was insufficient time remaining to undertake notice and comment. Publishing an NPRM and delaying its effective date would be impracticable because immediate action is needed to protect the M/V TEAL and other vessels and mariners from the hazards associated with the transit and offloading operations of four STS cranes to CB8. Under 5 U.S.C. 553(d)(3), for the same reasons as above, 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 would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 E:\FR\FM\18JNR1.SGM 18JNR1 36432 Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations ehiers on DSK2VPTVN1PROD with RULES Stat. 2064; Department of Homeland Security Delegation No. 0170.1. The Coast Guard is establishing this temporary moving safety zone to facilitate the safe transit of the M/V TEAL and four STS cranes on the Savannah River. The large STS cranes pose a danger to other vessels that may meet or attempt to overtake the M/V TEAL in the narrow waterway of the Savannah River. The purpose of the rule is to ensure the safety of life and vessels on a navigable waterway of the United States during the M/V TEAL transit and operations. C. Discussion of the Final Rule The moving safety zone will cover all waters of the Savannah River one nautical mile ahead and astern of the M/V TEAL. During the vessel’s inbound transit, no other vessel may meet, pass, or overtake the M/V TEAL, unless authorized by the COTP Savannah or a designated representative. The moving safety zone will become a fixed safety zone when the M/V TEAL moors to CB8 at approximate position 32°08.23′ N, 81°08.52′ W. The fixed safety zone will extend over the water 500 yards around the M/V TEAL. No person or vessel will be allowed to transit the safety zone during crane offloading operations, unless authorized by the COTP Savannah or a designated representative. Entry into the safety zone is prohibited for all vessels unless specifically authorized by the COTP Savannah or a designated representative. U.S. Coast Guard assets or designated representatives will enforce this safety zone, and coordinate vessel movements into the zone when safe to minimize the zone’s impact on vessel movements. Persons or vessels desiring to enter, transit through, anchor in, or remain within the safety zones 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 safety zone 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. The Coast Guard will provide notice of the safety zones by Broadcast Notice to Mariners, and on-scene designated representatives. Due to fluctuations in the M/V TEAL’s transit schedule, the time of arrival and 14 to 16 day duration VerDate Mar<15>2010 13:43 Jun 17, 2013 Jkt 229001 needed to unload the cranes are based upon the best available information known at the time this rule was drafted. Therefore, this rule is effective from 5 a.m. (EST) on June 5, 2013 until 7 p.m. (EST) on June 24, 2013, however it will only be enforced upon the commencement of the M/V TEAL’s inbound transit and remain in effect until all cranes have been offloaded. The COTP Savannah or a designated representative will inform the public through broadcast notice to mariners of the enforcement periods for this safety zone. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The economic impact of this rule is not significant for the following reasons: this safety zone will only be enforced during the in-bound transit of the M/V TEAL on the Savannah River and while the M/V TEAL is moored at CB8. Once all STS cranes have been offloaded from the M/V TEAL the safety zone will be terminated. The transit of the M/V TEAL is expected to take 4 to 6 hours. The Coast Guard has notified the Georgia Ports Authority and Savannah Pilots Association of the needs, conditions, and effective dates and times of the safety zone so that they may schedule arriving and departing vessels that may be affected by this safety zone to minimize shipping delays. The presence of moored vessels is not expected to impede the safe in-bound transit of the M/V TEAL, and sufficient channel width is anticipated while the M/V TEAL is moored so that other vessels may transit through the area. Additionally, there are only two waterfront facilities upriver of CB8 and there are no known vessels scheduled to moor at these facilities while this regulation is in effect. Notifications of the enforcement periods of this safety zone will be made PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 to the marine community through broadcast notice to mariners. Representatives of the COTP will be onscene to coordinate the movements of vessels seeking to enter the safety zone. These representatives will authorize vessel transits into the zone to the maximum safely allowable during the M/V TEAL’s transit. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit the Savannah River while M/V TEAL is transiting in-bound on the Savannah River and while moored at CB8. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: (1) The COTP Savannah may consider granting vessels permission to enter into the moving safety zone if conditions allow for such transit to be conducted safely, (2) all vessels may transit through the fixed safety zone when crane offloading operations are not in progress, and (3) the Coast Guard will issue a broadcast notice to mariners informing the public of the safety zone. 3. Assistance for Small Entities 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, above. 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 E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations 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. 4. 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). 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. 6. 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. 7. 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. ehiers on DSK2VPTVN1PROD with RULES 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to 13:43 Jun 17, 2013 Jkt 229001 10. 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. 11. Indian Tribal Governments 5. Federalism VerDate Mar<15>2010 minimize litigation, eliminate ambiguity, and reduce burden. 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 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 the creation of a temporary safety zone. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 36433 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 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.t07–0245 to read as follows: ■ § 165.t07–0245 Safety Zone; Inbound transit of M/V TEAL Savannah River, Savannah, GA. (a) Regulated Area. The following areas are safety zones: (1) Moving Safety Zone. The moving safety zone will cover all waters of the Savannah River one nautical mile ahead and astern of the M/V TEAL. (2) Fixed Safety Zone. All waters of the Savannah River within 500 yards in all directions around the M/V TEAL while moored at approximate position 32°08.23′ N, 81°08.52′ W. (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 area. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zones unless authorized by the Captain of the Port Savannah or a designated representative. (2) Persons or vessels desiring to enter, transit through, anchor in, or remain within the safety zones 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 safety zone 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 by Broadcast Notice to Mariners and onscene designated representatives. (e) Effective period. This rule is effective from 5 a.m. on June 5, 2013 until 7 p.m. on June 24, 2013. E:\FR\FM\18JNR1.SGM 18JNR1 36434 Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Rules and Regulations Dated: May 20, 2013. J.B. Loring, Commander, U.S. Coast Guard, Captain of the Port Savannah. proposed amendments with several minor modifications. [FR Doc. 2013–14417 Filed 6–17–13; 8:45 am] The Public Representative and the Postal Service filed comments on May 17, 2013. No other interested person submitted comments. The Postal Service’s comments offer no substantive suggestions and commend ‘‘the Commission for undertaking to prepare these clarifications and improvements. . . .’’ 2 The Public Representative states that the ‘‘minor amendments are a step in the right direction’’ but ‘‘suggests that the Commission undertake a more comprehensive review of its rules of practice and procedure to address inconsistencies, remove outdated rules, and assure that rules conform with current practice before the Commission.’’ 3 Suggestions for ‘‘a more comprehensive update of the rules’’ include: —moving all general definitions to part 3001 and removing duplicative definitions and definitions contained in other parts. Id. at 1–2. —clarifying the definitions of the classes of persons that appear before the Commission (i.e., party, participant, complainant) and ensuring that the terms are used as intended. Id. at 2–3. —distinguishing commenters as described in rule 3001.20b with interested persons who file comments at the Commission’s invitation. Id. at 3, 5. —proposing a revised definition of ‘‘hearing’’. Id. at 4. —clarifying that the Public Representatives are not classified as ‘‘decision-making Commission personnel’’ for the purposes of rule 3001.7. Id. —using consistent terminology to describe the filing and acceptance of documents filed online. Id. —removing the requirement that the Postal Service file requests for changes in rate and classifications both online and in hard copy. Id. at 4–5. —allowing the presiding officer to grant late filed motions to intervene. Id. at 5. —removing references to intermediate decisions. Id. at 5, 7. —clarifying the rights of limited participators in discovery matters in II. Comments BILLING CODE 9110–04–P POSTAL REGULATORY COMMISSION 39 CFR Part 3001 [Order No. 1742; Docket No. RM2013–1] Revisions to Rules of Practice Postal Regulatory Commission. Final rule. AGENCY: ACTION: The Commission recently proposed minor changes to its rules of general applicability. The proposed changes involved minor clarifications and corrections. Having reviewed comments on the proposed changes, the Commission is adopting a final set of rules. The final rules reflect statutory and regulatory changes; minor editorial changes; and changes designed to foster clarity and simplicity. They also reflect, in some instances, the suggestions of a commenter. Adoption of the revisions will promote effective and efficient administration of agency business. DATES: Effective date: June 28, 2013. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820. SUPPLEMENTARY INFORMATION: Regulatory history: 78 FR 22820 (Apr 17, 2013). SUMMARY: Table of Contents I. Introduction II. Comments III. Summary of Changes to the Proposed Rules IV. Discussion V. Section-by-Section Analysis VI. Effective Date ehiers on DSK2VPTVN1PROD with RULES I. Introduction On March 19, 2013, the Commission issued a notice of proposed rulemaking concerning minor clarifying amendments to the Commission’s rules of practice and procedure in 39 CFR part 3001.1 The proposed amendments suggested minor changes that would remove obsolete references, adopt new terminology, and make technical edits. Interested persons were provided an opportunity to comment on the proposed amendments. Id. at 6. After consideration of the comments submitted, the Commission adopts the 1 Order No. 1677, Notice of Proposed Rulemaking Concerning Minor Amendments to the Rules of Practice, March 19, 2013 (Order No. 1677). VerDate Mar<15>2010 13:43 Jun 17, 2013 Jkt 229001 2 United States Postal Service Comments on Notice of Proposed Rulemaking Regarding Minor Amendments to the Rules of Practice, May 17, 2013, at 1. 3 Comments of the Public Representative, May 17, at 1 (PR Comments). PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 rules 3001.26, 3001.27, and 3001.28. Id. at 7. —clarifying the person(s) responsible for prehearing conferences and ruling on motions in cases where a presiding officer is not appointed. Id. at 6, 7. — eliminating the requirement in rule 3001.31(g) that eight copies of all prepared testimony and exhibits be filed. Id. at 7. —revising rule 3001.33 to be consistent with online filings. Id. at 8. —revising rule 3001.39(c) to conform with current Commission practice. Id. —allowing requests to open and close public meetings to be filed electronically. Id. at 9. —removing rule 3001.75. Id. III. Summary of Changes to the Proposed Rules As discussed below, the Commission is making the following changes to the rules proposed in Order No. 1677. In paragraph (j) of rule 3001.5, the proposed rules contained the phrase ‘‘§§ 3001.17 and 3001.18(a) of this section’’. ‘‘[O]f this section’’ is unnecessary and has been removed from the final rule. In paragraph (o), the phrase ‘‘of this chapter’’ has been added following the reference to part 3025 for clarification. In rule 3001.7, the Commission adopts the Public Representative’s suggestion to clarify that individuals assigned to represent the interests of the general public in a particular docket are excluded from the definition of ‘‘decision-making Commission personnel’’ for purposes of applying ex parte restrictions. Therefore, a new paragraph 3001.7(a)(2)(iii) is added to refer to the Public Representative and other Commission personnel assigned to represent the interests of the general public pursuant to 39 U.S.C. 505. In addition, Order No. 1677 inadvertently proposed that paragraphs (b)(1) through (b)(5) be deleted from the rule. The final rules leave those paragraphs intact. In rule 3001.10, the Commission agrees with the Public Representative’s suggestion that requests for changes in rates and classifications no longer need to be filed in hard copy. Therefore, paragraph (a)(4) is removed; paragraph (a)(5) is redesignated as paragraph (a)(4); and paragraph (a)(6) is redesignated as paragraph (a)(5). In rule 3001.12, paragraph (a)(1) is removed to reflect the elimination of current rule 3001.10(a)(4). Paragraph (a)(2) is redesignated as paragraph (a)(1), and paragraph (a)(3) is redesignated as paragraph (a)(2). In rule 3001.17, paragraph (a)(2) is revised to include a reference to § 3030.30. In rule 3001.25(a), language E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36431-36434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14417]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0245]
RIN 1625-AA00


Safety Zone; Inbound Transit of M/V TEAL, Savannah River; 
Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
around the M/V TEAL during its inbound transit on the Savannah River to 
the Georgia Ports Authority, Garden City Terminal Container Berth 8 
(CB8). This safety zone facilitates the safe transit and offload of 
four oversized ship to shore (STS) cranes. The moving safety zone will 
transition to a temporary fixed safety zone when the M/V TEAL moors to 
CB8. This regulation is necessary to protect life and property on the 
navigable waters of the Savannah River due to the hazards associated 
with the transport of these oversized cranes and offloading operations. 
Entry into this zone is prohibited unless specifically authorized by 
the Captain of the Port (COTP) Savannah or a designated representative.

DATES: This rule will be enforced with actual notice from 5 a.m. on 
June 5, 2013, until June 18, 2013. This rule is effective in the Code 
of Federal Regulations from June 18, 2013 until 7:30 p.m. on June 24, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0245. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Chief Petty Officer Clayton P. Rennie, Marine Safety Unit 
Savannah Office of Waterways Management, Coast Guard; telephone (912) 
652-4353 ext 200, email Clayton.P.Rennie@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
CB8 Container Berth 8
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
STS Ship to Shore

A. Regulatory History and Information

    The Coast Guard is issuing this final 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 it is impracticable. The Coast Guard 
did not receive notice of the transit until there was insufficient time 
remaining to undertake notice and comment. Publishing an NPRM and 
delaying its effective date would be impracticable because immediate 
action is needed to protect the M/V TEAL and other vessels and mariners 
from the hazards associated with the transit and offloading operations 
of four STS cranes to CB8.
    Under 5 U.S.C. 553(d)(3), for the same reasons as above, 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 would be impracticable and contrary to the public 
interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116

[[Page 36432]]

Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
    The Coast Guard is establishing this temporary moving safety zone 
to facilitate the safe transit of the M/V TEAL and four STS cranes on 
the Savannah River. The large STS cranes pose a danger to other vessels 
that may meet or attempt to overtake the M/V TEAL in the narrow 
waterway of the Savannah River.
    The purpose of the rule is to ensure the safety of life and vessels 
on a navigable waterway of the United States during the M/V TEAL 
transit and operations.

C. Discussion of the Final Rule

    The moving safety zone will cover all waters of the Savannah River 
one nautical mile ahead and astern of the M/V TEAL. During the vessel's 
inbound transit, no other vessel may meet, pass, or overtake the M/V 
TEAL, unless authorized by the COTP Savannah or a designated 
representative.
    The moving safety zone will become a fixed safety zone when the M/V 
TEAL moors to CB8 at approximate position 32[deg]08.23' N, 
81[deg]08.52' W. The fixed safety zone will extend over the water 500 
yards around the M/V TEAL. No person or vessel will be allowed to 
transit the safety zone during crane offloading operations, unless 
authorized by the COTP Savannah or a designated representative.
    Entry into the safety zone is prohibited for all vessels unless 
specifically authorized by the COTP Savannah or a designated 
representative. U.S. Coast Guard assets or designated representatives 
will enforce this safety zone, and coordinate vessel movements into the 
zone when safe to minimize the zone's impact on vessel movements. 
Persons or vessels desiring to enter, transit through, anchor in, or 
remain within the safety zones 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 safety zone 
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. The Coast Guard will provide notice of 
the safety zones by Broadcast Notice to Mariners, and on-scene 
designated representatives.
    Due to fluctuations in the M/V TEAL's transit schedule, the time of 
arrival and 14 to 16 day duration needed to unload the cranes are based 
upon the best available information known at the time this rule was 
drafted. Therefore, this rule is effective from 5 a.m. (EST) on June 5, 
2013 until 7 p.m. (EST) on June 24, 2013, however it will only be 
enforced upon the commencement of the M/V TEAL's inbound transit and 
remain in effect until all cranes have been offloaded. The COTP 
Savannah or a designated representative will inform the public through 
broadcast notice to mariners of the enforcement periods for this safety 
zone.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: this safety zone will only be enforced during the 
in-bound transit of the M/V TEAL on the Savannah River and while the M/
V TEAL is moored at CB8. Once all STS cranes have been offloaded from 
the M/V TEAL the safety zone will be terminated. The transit of the M/V 
TEAL is expected to take 4 to 6 hours.
    The Coast Guard has notified the Georgia Ports Authority and 
Savannah Pilots Association of the needs, conditions, and effective 
dates and times of the safety zone so that they may schedule arriving 
and departing vessels that may be affected by this safety zone to 
minimize shipping delays. The presence of moored vessels is not 
expected to impede the safe in-bound transit of the M/V TEAL, and 
sufficient channel width is anticipated while the M/V TEAL is moored so 
that other vessels may transit through the area. Additionally, there 
are only two waterfront facilities upriver of CB8 and there are no 
known vessels scheduled to moor at these facilities while this 
regulation is in effect.
    Notifications of the enforcement periods of this safety zone will 
be made to the marine community through broadcast notice to mariners. 
Representatives of the COTP will be on-scene to coordinate the 
movements of vessels seeking to enter the safety zone. These 
representatives will authorize vessel transits into the zone to the 
maximum safely allowable during the M/V TEAL's transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the Savannah River while M/V TEAL is transiting in-bound on the 
Savannah River and while moored at CB8. This safety zone will not have 
a significant economic impact on a substantial number of small entities 
for the following reasons: (1) The COTP Savannah may consider granting 
vessels permission to enter into the moving safety zone if conditions 
allow for such transit to be conducted safely, (2) all vessels may 
transit through the fixed safety zone when crane offloading operations 
are not in progress, and (3) the Coast Guard will issue a broadcast 
notice to mariners informing the public of the safety zone.

3. Assistance for Small Entities

    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, 
above.
    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

[[Page 36433]]

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.

4. 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).

5. 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.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 the creation of a temporary safety 
zone. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES.

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; 46 U.S.C. Chapter 701; 50 U.S.C. 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.t07-0245 to read as follows:


Sec.  165.t07-0245  Safety Zone; Inbound transit of M/V TEAL Savannah 
River, Savannah, GA.

    (a) Regulated Area. The following areas are safety zones:
    (1) Moving Safety Zone. The moving safety zone will cover all 
waters of the Savannah River one nautical mile ahead and astern of the 
M/V TEAL.
    (2) Fixed Safety Zone. All waters of the Savannah River within 500 
yards in all directions around the M/V TEAL while moored at approximate 
position 32[deg]08.23' N, 81[deg]08.52' W.
    (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 area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zones unless authorized by the Captain of the Port Savannah or a 
designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zones 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 safety zone 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 by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (e) Effective period. This rule is effective from 5 a.m. on June 5, 
2013 until 7 p.m. on June 24, 2013.


[[Page 36434]]


    Dated: May 20, 2013.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2013-14417 Filed 6-17-13; 8:45 am]
BILLING CODE 9110-04-P