Safety Zone; Loading and Outbound Transit of TUG THOMAS and BARGE OCEANUS, Savannah River; Savannah, GA, 30361-30364 [2015-12637]
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Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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 temporary
deviation, call or email Donna Gagliano,
Bridge Specialist, Coast Guard;
telephone 504–671–2128, email
Donna.Gagliano@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The New
Orleans and Gulf Coast Railway
Company has requested a temporary
deviation from the operating schedule
for the Harvey Canal Railroad Bascule
Bridge across Gulf Intracoastal
Waterway, mile 0.2 west of Harvey Lock
(Harvey Canal), at Harvey, Jefferson
Parish, Louisiana. The bridge has a
vertical clearance of 9 feet above mean
high water in the closed-to-navigation
position and 75 feet above mean high
water in the open-to-navigation
position.
Presently, the bridge opens on signal
according to operating regulation Tile
33 CFR 117.5. This deviation is effective
from noon on Friday, June 19, 2015
until 7 p.m. on Friday, June 26, 2015.
This deviation provides for the bridge to
remain closed-to-navigation for 175
consecutive hours.
For the duration of the replacement of
the bronze pinion bearing bushings,
vessels will not be allowed to pass
through the bridge in order to complete
the needed replacement.
The closure is necessary in order to
replace the north side bronze pinion
bearing bushing to the drawbridge
essential for the continued safe
operation of the draw span of the
railroad bridge. The Coast Guard has
coordinated the closure with waterway
users, industry, and other Coast Guard
units. It has been determined that this
closure will not have a significant effect
on vessel traffic.
Navigation on the waterway consists
mainly of tugs with tows. The bridge
will not be able to open for emergencies
and there is an alternate route available
via the Gulf Intracoastal Waterway
(Algiers Alternate Route) to avoid
unnecessary delays.
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The Coast Guard will also inform the
users of the waterway through our Local
and Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulation is
authorized under 33 CFR 117.35.
Dated: May 21, 2015
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2015–12812 Filed 5–27–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0280]
RIN 1625–AA00
Safety Zone; Loading and Outbound
Transit of TUG THOMAS and BARGE
OCEANUS, Savannah River; Savannah,
GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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will be used from May 14, 2015 until
May 28, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0280. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 LT Christopher McElvaine,
Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone (912) 652–4353 ext 221, email
Christopher.D.McElvaine@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
A. Regulatory History and Information
The Coast Guard is
establishing a temporary safety zone
around the TUG THOMAS and BARGE
OCEANUS during the loading and
outbound transit of three oversized ship
to shore (STS) cranes on the Savannah
River from the Georgia Ports Authority,
Garden City Terminal. This safety zone
facilitates the safe loading and outbound
transit of three oversized STS cranes
from the Port of Savannah. A fixed
safety zone will be enforced during the
loading of the cranes on the barge and
a moving safety zone will be enforced
while the TUG THOMAS and BARGE
OCEANUS are transiting outbound the
Savannah River. 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.
Entry into this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Savannah or a
designated representative.
DATES: This rule is effective without
actual notice from May 28, 2015 until
11:59 p.m., July 1, 2015. For the
purposes of enforcement, actual notice
SUMMARY:
30361
The Coast Guard is issuing this
temporary 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 the
Coast Guard did not receive notice of
the transit until April 6, 2015.
Publishing a NPRM and delaying its
effective date would be impracticable
and contrary to public interest because
immediate action is needed to protect
the TUG THOMAS, BARGE OCEANUS,
other vessels, and mariners from the
hazards associated with the transit
operations of three STS cranes from
Georgia Ports Authority.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
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making this rule effective less than 30
days after publication in the Federal
Register for the same reasons discussed
above.
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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; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Department of
Homeland Security Delegation No.
0170.1.
The purpose of the rule is to ensure
the safety of life and vessels on a
navigable waterway of the United States
during the TUG THOMAS and BARGE
OCEANUS ship to shore crane loading
and outbound transit.
C. Discussion of the Final Rule
The Coast Guard is establishing this
safety zone to facilitate the safe loading
of cranes and outbound transit of the
TUG THOMAS and the BARGE
OCEANUS on the Savannah River. The
large STS cranes pose a danger to other
vessels that may meet, pass or attempt
to overtake the TUG THOMAS and
BARGE OCEANUS in the narrow
waterway of the Savannah River. This
safety zone is necessary to protect the
safety of lives and persons during this
transit.
A moving and fixed safety zone will
be established when the TUG THOMAS
and BARGE OCEANUS commence
loading operations and begin outbound
transit. It will cover all waters of the
Savannah River one nautical mile ahead
and astern of the TUG THOMAS and
BARGE OCEANUS. During crane
loading operations no vessel may pass
TUG THOMAS and BARGE OCEANUS
unless authorized by the COTP
Savannah or designated representative
and during the vessel’s outbound
transit, no other vessel may meet, pass,
or overtake the TUG THOMAS and
BARGE OCEANUS, 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 zone 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
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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.
This rule will only be enforced during
loading operations and the outbound
transit of the TUG THOMAS and
BARGE OCEANUS and will remain in
effect until the vessels have left the
harbor. 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 times of loading operations and
the outbound transit of the TUG
THOMAS and BARGE OCEANUS on
the Savannah River. Once the TUG
THOMAS and BARGE OCEANUS have
exited the Savannah River, the safety
zone will be terminated. The transit of
the TUG THOMAS and BARGE
OCEANUS is expected to take six to
eight 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 other moored vessels is not
expected to impede the safe loading and
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outbound transit of the TUG THOMAS
and BARGE OCEANUS, and sufficient
channel width is anticipated while the
TUG THOMAS and BARGE OCEANUS
are moored so that other vessels may
transit through the area.
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 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
TUG THOMAS and BARGE OCEANUS
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 TUG THOMAS
and BARGE OCEANUS is transiting
outbound on the Savannah River and
while moored at Georgia Ports
Authority. 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 and
fixed safety zone if conditions allow for
such transit to be conducted safely, and
(2) 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 section above.
Small businesses may send comments
on the actions of Federal employees
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who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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.
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).
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.
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.
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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.
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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.
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. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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30363
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165.T07–0280 to
read as follows:
■
§ 165.T07–0280 Safety Zone; STS Crane
Loading and Outbound Transit of TUG
THOMAS and BARGE OCEANUS, Savannah
River, Savannah, GA.
(a) Regulated area. The fixed safety
zone will be centered on TUG THOMAS
and BARGE OCEANUS while moored
and conducting loading operations,
extending 500 yards in all directions.
The moving safety zone will cover all
waters of the Savannah River one
nautical mile ahead and astern of the
TUG THOMAS and BARGE OCEANUS
while transiting outbound with the ship
to shore (STS) cranes onboard.
(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.
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(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 on April 21, 2015 through May
31, 2015. This rule will be enforced
when STS operations commence until
TUG THOMAS and BARGE OCEANUS
depart the Savannah River.
Dated: May 14, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of
the Port Savannah.
[FR Doc. 2015–12637 Filed 5–27–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2009–0041–N–4]
49 CFR Part 234
RIN 2130–AC50
Systems for Telephonic Notification of
Unsafe Conditions at Highway-Rail and
Pathway Grade Crossings
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The purpose of this document
is to update the current schedule of civil
penalties for violations of FRA’s grade
crossing safety regulations by adding
recommended civil penalty amounts for
violations of specific requirements
contained in a recently added subpart.
That subpart prescribes requirements
that certain railroads establish
emergency notification systems (ENS)
for receiving toll-free telephone calls
reporting various unsafe conditions at
highway-rail grade crossings and
pathway grade crossings, and for taking
certain actions in response to those
calls.
SUMMARY:
DATES:
Effective May 28, 2015.
Beth
Crawford, Transportation Specialist,
Grade Crossing Safety and Trespass
Prevention, Office of Safety Analysis,
FRA, 1200 New Jersey Avenue SE., Mail
Stop 25, Washington, DC 20590
(telephone: 202–493–6288),
beth.crawford@dot.gov; or Sara
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FOR FURTHER INFORMATION CONTACT:
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Mahmoud-Davis, Trial Attorney, Office
of Chief Counsel, FRA, 1200 New Jersey
Avenue SE., Mail Stop 10, Washington,
DC 20590 (telephone: 202–366–1118),
sara.mahmoud-davis@dot.gov.
SUPPLEMENTARY INFORMATION: FRA is
revising the penalty schedule at
appendix A to 49 CFR part 234 to add
recommended civil penalty amounts for
violations of specific requirements
contained in subpart E, Emergency
Notification Systems [ENS] for
Telephonic Reporting of Unsafe
Conditions at Highway-Rail and
Pathway Grade Crossings. (See FRA’s
final rule published on June 12, 2012,
77 FR 35164; March 15, 2013, 78 FR
16414.) The recommended civil
penalties are for violations related to the
various requirements of an ENS, which
includes the: (1) Sign(s) placed at the
grade crossing that display the
information necessary for the public to
report an unsafe condition to the
appropriate railroad; (2) method the
railroad uses to receive and process a
telephone call reporting the unsafe
condition; (3) remedial action the
appropriate railroad or railroads take to
address the report of the unsafe
conditions; and (4) recordkeeping
conducted by the railroad(s).
Under authority delegated from the
Secretary of Transportation, FRA adds
these recommended penalty amounts to
the penalty schedule consistent with the
requirements of 49 U.S.C. 21301(a)(2),
which provides, in pertinent part, that:
[t]he Secretary of Transportation shall
include in, or make applicable to, each
regulation prescribed . . . under chapter 201
of this title a civil penalty for a violation.
* * * The amount of the penalty shall be at
least $500 but not more than $25,000.
However, when a grossly negligent violation
or a pattern of repeated violations has caused
an imminent hazard of death or injury to
individuals, or has caused death or injury,
the amount may be not more than $100,000.
See delegation from the Secretary to the
Administrator of FRA at 49 CFR 1.89(a).
Under the separate authority of the
Federal Civil Penalties Inflation
Adjustment Act of 1990 as amended,
FRA has periodically adjusted for
inflation the amounts of the minimum,
ordinary maximum, and aggravated
maximum civil penalties for a violation
of this part. Public Law 101–410, 104
Stat. 890, 28 U.S.C. 2461, note, as
amended by Section 31001(s)(1) of the
Debt Collection Improvement Act of
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1996, Public Law 104–134, 110 Stat.
1321–373, April 26, 1996. Currently, the
minimum penalty is $650, the ordinary
maximum civil penalty is $25,000; and
the aggravated maximum civil penalty is
$105,000. See, e.g., 73 FR 76704, Dec.
30, 2008; 77 FR 24422, Apr. 24, 2012.
As provided for in footnote 1 to
appendix A, the Administrator
specifically reserves the authority to
assess the maximum penalty of
$105,000 for any specific violation if the
circumstances of the particular violation
warrant.
After FRA issues a civil penalty
against an entity, FRA may adjust or
compromise the amount of the civil
penalty based on a wide variety of
mitigating factors, which include: (1)
The nature, circumstances, extent, and
gravity of the violation; (2) with respect
to the entity, the degree of culpability,
any history of violations, the ability to
pay, and any effect on the ability to
continue to do business; and (3) other
matters that justice requires. 49 U.S.C.
21301(a)(3).
FRA’s revision of appendix A is a
general statement of policy under 5
U.S.C. 553(b)(3)(A). Consequently,
notice and an opportunity for comment
are not required, and this amendment is
made effective upon publication.
List of Subjects in 49 CFR Part 234
Highway safety, Penalties, Railroad
safety, Reporting and recordkeeping
requirements, State and local
governments.
In consideration of the foregoing, FRA
amends part 234 of chapter II, subtitle
B of title 49, Code of Federal
Regulations as follows:
PART 234—GRADE CROSSING
SAFETY
1. The authority citation for part 234
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20152,
20160, 21301, 21304, 21311, 22501 note; Pub.
L. 110–432, Div. A., Sec. 202; 28 U.S.C. 2461,
note; and 49 CFR 1.89.
2. Amend appendix A to part 234 by:
a. Adding, after the end of the entry
for subpart D, an entry for subpart E;
■ b. Revising footnote 1; and
■ c. Adding footnotes 2, 3, 4, 5, 6, and
7, to read as follows:
■
■
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]]>Agencies
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30361-30364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12637]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0280]
RIN 1625-AA00
Safety Zone; Loading and Outbound Transit of TUG THOMAS and BARGE
OCEANUS, Savannah River; Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the TUG THOMAS and BARGE OCEANUS during the loading and outbound
transit of three oversized ship to shore (STS) cranes on the Savannah
River from the Georgia Ports Authority, Garden City Terminal. This
safety zone facilitates the safe loading and outbound transit of three
oversized STS cranes from the Port of Savannah. A fixed safety zone
will be enforced during the loading of the cranes on the barge and a
moving safety zone will be enforced while the TUG THOMAS and BARGE
OCEANUS are transiting outbound the Savannah River. 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. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Savannah or a
designated representative.
DATES: This rule is effective without actual notice from May 28, 2015
until 11:59 p.m., July 1, 2015. For the purposes of enforcement, actual
notice will be used from May 14, 2015 until May 28, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0280. To view documents mentioned in this preamble as being
available in the docket, go to https://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 LT Christopher McElvaine, Marine Safety Unit Savannah
Office of Waterways Management, Coast Guard; telephone (912) 652-4353
ext 221, email Christopher.D.McElvaine@uscg.mil. If you have questions
on viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary 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 the Coast Guard did not receive
notice of the transit until April 6, 2015. Publishing a NPRM and
delaying its effective date would be impracticable and contrary to
public interest because immediate action is needed to protect the TUG
THOMAS, BARGE OCEANUS, other vessels, and mariners from the hazards
associated with the transit operations of three STS cranes from Georgia
Ports Authority.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 30362]]
making this rule effective less than 30 days after publication in the
Federal Register for the same reasons discussed above.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to ensure the safety of life and vessels
on a navigable waterway of the United States during the TUG THOMAS and
BARGE OCEANUS ship to shore crane loading and outbound transit.
C. Discussion of the Final Rule
The Coast Guard is establishing this safety zone to facilitate the
safe loading of cranes and outbound transit of the TUG THOMAS and the
BARGE OCEANUS on the Savannah River. The large STS cranes pose a danger
to other vessels that may meet, pass or attempt to overtake the TUG
THOMAS and BARGE OCEANUS in the narrow waterway of the Savannah River.
This safety zone is necessary to protect the safety of lives and
persons during this transit.
A moving and fixed safety zone will be established when the TUG
THOMAS and BARGE OCEANUS commence loading operations and begin outbound
transit. It will cover all waters of the Savannah River one nautical
mile ahead and astern of the TUG THOMAS and BARGE OCEANUS. During crane
loading operations no vessel may pass TUG THOMAS and BARGE OCEANUS
unless authorized by the COTP Savannah or designated representative and
during the vessel's outbound transit, no other vessel may meet, pass,
or overtake the TUG THOMAS and BARGE OCEANUS, 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 zone 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.
This rule will only be enforced during loading operations and the
outbound transit of the TUG THOMAS and BARGE OCEANUS and will remain in
effect until the vessels have left the harbor. 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 times
of loading operations and the outbound transit of the TUG THOMAS and
BARGE OCEANUS on the Savannah River. Once the TUG THOMAS and BARGE
OCEANUS have exited the Savannah River, the safety zone will be
terminated. The transit of the TUG THOMAS and BARGE OCEANUS is expected
to take six to eight 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 other moored vessels is not
expected to impede the safe loading and outbound transit of the TUG
THOMAS and BARGE OCEANUS, and sufficient channel width is anticipated
while the TUG THOMAS and BARGE OCEANUS are moored so that other vessels
may transit through the area.
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 TUG THOMAS and BARGE OCEANUS
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 TUG THOMAS and BARGE OCEANUS is
transiting outbound on the Savannah River and while moored at Georgia
Ports Authority. 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 and fixed safety zone if conditions allow for
such transit to be conducted safely, and (2) 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
section above.
Small businesses may send comments on the actions of Federal
employees
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who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0280 to read as follows:
Sec. 165.T07-0280 Safety Zone; STS Crane Loading and Outbound Transit
of TUG THOMAS and BARGE OCEANUS, Savannah River, Savannah, GA.
(a) Regulated area. The fixed safety zone will be centered on TUG
THOMAS and BARGE OCEANUS while moored and conducting loading
operations, extending 500 yards in all directions. The moving safety
zone will cover all waters of the Savannah River one nautical mile
ahead and astern of the TUG THOMAS and BARGE OCEANUS while transiting
outbound with the ship to shore (STS) cranes onboard.
(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.
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(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 on April 21, 2015
through May 31, 2015. This rule will be enforced when STS operations
commence until TUG THOMAS and BARGE OCEANUS depart the Savannah River.
Dated: May 14, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2015-12637 Filed 5-27-15; 8:45 am]
BILLING CODE 9110-04-P
