Safety Zone; Salvage and Recovery of CSS Georgia and Recovery and Transit of Unexploded Ordnance, Savannah River, Savannah, GA, 34058-34061 [2015-14637]
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34058
Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations
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 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.
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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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
15:17 Jun 12, 2015
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
10. Protection of Children
VerDate Sep<11>2014
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 34–(g) of Figure
2–1 of the Commandant Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
Jkt 235001
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, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0048 to read as
follows:
■
§ 165.T05–0048 Safety Zone, Chesapeake
Bay; Cape Charles, VA.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector Hampton Roads.
Representative means any Coast Guard
commissioned, warrant or petty officer
who has been authorized to act on the
behalf of the Captain of the Port.
Participants mean individuals
responsible for launching the fireworks.
(b) Locations. The following area is a
safety zone:
(1) All waters of the Chesapeake Bay
within a 350 yard radius of the
fireworks display in approximate
position 37°15′47″ N., 076°01′29″ W.
and 36°50′30.3678″ N., 076°16′39.936″
W., in the vicinity of Cape Charles
Harbor in Cape Charles, Virginia.
(2) [Reserved]
(c) Regulations. (1) All persons are
required to comply with the general
regulations governing safety zones in
§ 165.23.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the Captain of the Port, Hampton Roads
or his designated representatives.
(3) All vessels underway within this
safety zone at the time it is implemented
are to depart the zone immediately.
(4) The Captain of the Port, Hampton
Roads or his representative can be
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contacted at telephone number (757)
668–5555.
(5) The Coast Guard vessels enforcing
the safety zone can be contacted on
VHF–FM marine band radio channel 13
(165.65Mhz) and channel 16 (156.8
Mhz).
(6) This section applies to all persons
or vessels wishing to transit through the
safety zone except participants and
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Enforcement period. This rule will
be enforced from 9:30 p.m. to 10 p.m.
on August 1, 2015.
Dated: May 29, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2015–14631 Filed 6–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0434]
RIN 1625–AA00
Safety Zone; Salvage and Recovery of
CSS Georgia and Recovery and Transit
of Unexploded Ordnance, Savannah
River, Savannah, GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Savannah River, in Savannah, GA. A
stationary safety zone will be enforced
around the BARGE SALONAN in the
area of Buoy 52A, while the United
States Navy commences dive and
salvage operations to salvage CSS
GEORGIA. A moving safety zone will be
enforced while unexploded ordnance is
salvaged and transited for disposal to
Tide Gate Landing, approximately two
mile transit from the salvage site. This
regulation is necessary to protect life,
and property on the navigable waters of
the Savannah River due to the hazards
associated with diving and salvage
operations, and hazards associated with
recovery and transportation of
unexploded ordnance.
DATES: This rule is effective without
actual notice from June 15, 2015 until
SUMMARY:
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October 1, 2015. For the purposes of
enforcement, actual notice will be used
from June 22, 2015 until October 1,
2015. The stationary zone will be
enforced during dive and salvage
operations. The moving zone will be
enforced during transits of unexploded
ordnance.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0434]. 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
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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
planned salvage operations until May
15, 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 United States
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15:17 Jun 12, 2015
Jkt 235001
Navy divers, TUG LITTLE BULLY,
BARGE SALONAN, other vessels, and
mariners from the hazards associated
with the salvage of CSS GEORGIA and
recovery and transport of unexploded
ordnance from Savannah River.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register 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 salvage of CSS GEORGIA and
recovery and transport of unexploded
ordnance from Savannah River.
C. Discussion of the Final Rule
The Coast Guard is establishing this
safety zone to facilitate the safe salvage
of CSS GEORGIA and recovery and
transport of unexploded ordnance from
the Savannah River. The salvage
operations and recovery of unexploded
ordnance pose a danger to other vessels
that may meet, pass or attempt to
overtake the BARGE SALONAN in the
narrow waterway of the Savannah River.
This safety zone is necessary to protect
the safety of lives and persons during
salvage and recovery operations.
A moving and fixed safety zone will
be established when the United States
Navy commences dive and salvage
operations and during the recovery and
river transits with unexploded
ordnance. During dive and salvage
operations, no vessel may pass within
100 yards of BARGE SALONAN in
approximate position 32–05′02.6 N.,
081–02′21.6 W. in the area of Buoy 52A,
unless authorized by the COTP
Savannah or designated representative,
and during recovery and transit of
unexploded ordnances, no other vessel
may meet or pass within 500ft of the
United States Navy small boat carrying
the ordnance, 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 Captain of
the Port (COTP) Savannah or a
designated representative. Coast Guard
assets or designated representatives will
enforce this safety zone, and coordinate
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34059
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.
Due to fluctuations in tide and
recovery operations based upon the best
available information known at the time
this rule was drafted, this rule is
effective from June 22, 2015 until
October 1, 2015. However, it will only
be enforced during dive and salvage
operations and transits of unexploded
ordnance. 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 diving operations and
the recovery and transit of unexploded
ordnance on the Savannah River. Once
salvage operations have ceased, the
safety zone will be terminated. Dive and
salvage operations are only expected to
take place during day light hours and
are expected to last a few hours a day.
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The receiving site for unexploded
ordnance is only 14,000 feet from the
CSS GEORGIA salvage site.
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 salvage operations,
and sufficient channel width is
anticipated while the dive and salvage
operations are in effect 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
vessels to transit into the zone to the
maximum safe allowable extent during
salvage operations.
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 salvage
operations have commenced. 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
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15:17 Jun 12, 2015
Jkt 235001
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
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 expenditure, we
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Fmt 4700
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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
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Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations
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
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.T07–0434 to
read as follows:
■
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§ 165.T07–0434 Safety Zone; Salvage and
Recovery of CSS Georgia and Recovery and
Transit of Unexploded Ordnance, Savannah
River, Savannah, GA.
(a) Regulated area. The fixed safety
zone will be centered on BARGE
SALONAN in approximate position 32–
05′02.6 N., 081–02′21.6 W. in vicinity of
Buoy 52A, while moored and
conducting dive and salvage operations,
extending 100 yards in all directions.
The moving safety zone will cover all
waters of the Savannah River 500 feet
ahead and astern of the United States
Navy small boat while loading and
transferring unexploded ordnance to the
designated shore side site.
(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
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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.
(d) Effective period. This rule is
effective on June 22, 2015 through
October 1, 2015. The stationary zone
will be enforced during dive and salvage
operations. The moving zone will be
enforced during transits of unexploded
ordnance.
Dated: June 1, 2015.
O. Vazquez,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port Savannah.
[FR Doc. 2015–14637 Filed 6–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0315]
RIN 1625–AA00
Safety Zone for Fireworks Display,
Patapsco River, Inner Harbor;
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
encompassing certain waters of the
Patapsco River. This action is necessary
to provide for the safety of life on
navigable waters during a fireworks
display launched from a barge located
within the Inner Harbor at Baltimore,
MD, on July 2, 2015. This safety zone is
intended to protect the maritime public
in a portion of the Patapsco River.
DATES: This rule is effective from 8:30
p.m. through 10:30 p.m. on July 2, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0315]. 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
SUMMARY:
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34061
‘‘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 Mr. Ronald Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email Ronald.L.Houck@
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
On May 8, 2015, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Safety Zone for Fireworks
Display, Patapsco River, Inner Harbor;
Baltimore, MD’’ in the Federal Register
(80 FR 26511). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held. The permanent safety zones
listed in the Table to 33 CFR 165.506 do
not apply to this event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Event planners did not provide
the Coast Guard adequate advance
notice of the event to allow 30 days after
publication with an appropriate period
for public comment. Notice for this
event was submitted to the Coast Guard
on April 14, 2015.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 33 CFR
1.05–1 and 160.5; and Department of
Homeland Security Delegation No.
0170.1., which collectively authorize
the Coast Guard to propose, establish,
and define regulatory safety zones.
Fireworks displays are frequently held
from locations on or near the navigable
waters of the United States. The
potential hazards associated with
fireworks displays are a safety concern
during such events. The purpose of this
rule is to promote public and maritime
safety during a fireworks display, and to
protect mariners transiting the area from
the potential hazards associated with a
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]]>Agencies
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34058-34061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14637]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0434]
RIN 1625-AA00
Safety Zone; Salvage and Recovery of CSS Georgia and Recovery and
Transit of Unexploded Ordnance, 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 on the
Savannah River, in Savannah, GA. A stationary safety zone will be
enforced around the BARGE SALONAN in the area of Buoy 52A, while the
United States Navy commences dive and salvage operations to salvage CSS
GEORGIA. A moving safety zone will be enforced while unexploded
ordnance is salvaged and transited for disposal to Tide Gate Landing,
approximately two mile transit from the salvage site. This regulation
is necessary to protect life, and property on the navigable waters of
the Savannah River due to the hazards associated with diving and
salvage operations, and hazards associated with recovery and
transportation of unexploded ordnance.
DATES: This rule is effective without actual notice from June 15, 2015
until
[[Page 34059]]
October 1, 2015. For the purposes of enforcement, actual notice will be
used from June 22, 2015 until October 1, 2015. The stationary zone will
be enforced during dive and salvage operations. The moving zone will be
enforced during transits of unexploded ordnance.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0434]. 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 planned salvage operations until May 15, 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 United States Navy divers, TUG LITTLE BULLY, BARGE SALONAN,
other vessels, and mariners from the hazards associated with the
salvage of CSS GEORGIA and recovery and transport of unexploded
ordnance from Savannah River.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register 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 salvage of CSS
GEORGIA and recovery and transport of unexploded ordnance from Savannah
River.
C. Discussion of the Final Rule
The Coast Guard is establishing this safety zone to facilitate the
safe salvage of CSS GEORGIA and recovery and transport of unexploded
ordnance from the Savannah River. The salvage operations and recovery
of unexploded ordnance pose a danger to other vessels that may meet,
pass or attempt to overtake the BARGE SALONAN in the narrow waterway of
the Savannah River. This safety zone is necessary to protect the safety
of lives and persons during salvage and recovery operations.
A moving and fixed safety zone will be established when the United
States Navy commences dive and salvage operations and during the
recovery and river transits with unexploded ordnance. During dive and
salvage operations, no vessel may pass within 100 yards of BARGE
SALONAN in approximate position 32-05'02.6 N., 081-02'21.6 W. in the
area of Buoy 52A, unless authorized by the COTP Savannah or designated
representative, and during recovery and transit of unexploded
ordnances, no other vessel may meet or pass within 500ft of the United
States Navy small boat carrying the ordnance, 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 Captain of the Port (COTP) Savannah or a
designated representative. 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.
Due to fluctuations in tide and recovery operations based upon the
best available information known at the time this rule was drafted,
this rule is effective from June 22, 2015 until October 1, 2015.
However, it will only be enforced during dive and salvage operations
and transits of unexploded ordnance. 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 diving operations and the recovery and transit of unexploded
ordnance on the Savannah River. Once salvage operations have ceased,
the safety zone will be terminated. Dive and salvage operations are
only expected to take place during day light hours and are expected to
last a few hours a day.
[[Page 34060]]
The receiving site for unexploded ordnance is only 14,000 feet from the
CSS GEORGIA salvage site.
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 salvage operations, and sufficient channel width is
anticipated while the dive and salvage operations are in effect 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 vessels to transit into the zone to the
maximum safe allowable extent during salvage operations.
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 salvage operations have commenced.
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,
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 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 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
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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.T07-0434 to read as follows:
Sec. 165.T07-0434 Safety Zone; Salvage and Recovery of CSS Georgia
and Recovery and Transit of Unexploded Ordnance, Savannah River,
Savannah, GA.
(a) Regulated area. The fixed safety zone will be centered on BARGE
SALONAN in approximate position 32-05'02.6 N., 081-02'21.6 W. in
vicinity of Buoy 52A, while moored and conducting dive and salvage
operations, extending 100 yards in all directions. The moving safety
zone will cover all waters of the Savannah River 500 feet ahead and
astern of the United States Navy small boat while loading and
transferring unexploded ordnance to the designated shore side site.
(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.
(d) Effective period. This rule is effective on June 22, 2015
through October 1, 2015. The stationary zone will be enforced during
dive and salvage operations. The moving zone will be enforced during
transits of unexploded ordnance.
Dated: June 1, 2015.
O. Vazquez,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Savannah.
[FR Doc. 2015-14637 Filed 6-12-15; 8:45 am]
BILLING CODE 9110-04-P
