Safety Zone, Wilmington River, Savannah, GA, 50756-50758 [2019-20565]
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50756
Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Rules and Regulations
TABLE A–2— MODIFIED AMBIENT AEROSAL CNC QUANTITATIVE FIT TESTING PROTOCOL FOR FILTERING FACEPIECE
RESPIRATORS
Exercises 1
Exercise
procedure
Measurement
procedure
Bending Over ...........
The test subject shall bend at the waist, as if going to touch his/her toes for 50
seconds and inhale 2 times at the bottom 2.
The test subject shall talk out loud slowly and loud enough so as to be heard
clearly by the test conductor for 30 seconds. He/she will either read from a
prepared text such as the Rainbow Passage, count backward from 100, or
recite a memorized poem or song.
The test subject shall stand in place, slowly turning his/her head from side to
side for 30 seconds and inhale 2 times at each extreme 2.
The test subject shall stand in place, slowly moving his/her head up and down
for 39 seconds and inhale 2 times at each extreme 2.
A 20 second ambient sample, followed
by a 30 second mask sample.
A 30 second mask sample.
Talking ......................
Head Side-to-Side ....
Head Up-and-Down
A 30 second mask sample.
A 30 second mask sample followed by
a 9 second ambient sample.
1 Exercises
2 It
*
are listed in the order in which they are to be administered.
is optional for test subjects to take additional breaths at other times during this exercise.
*
*
*
*
7. Controlled negative pressure (CNP)
REDON quantitative fit testing protocol.
(a) When administering this protocol to test
subjects, employers must comply with the
requirements specified in paragraphs (a) and
(c) of part I.C.6 of this appendix (‘‘Controlled
negative pressure (CNP) quantitative fit
testing protocol,’’) as well as use the test
exercises described below in paragraph (b) of
this protocol instead of the test exercises
specified in paragraph (b) of part I.C.6 of this
appendix.
(b) Employers must ensure that each test
subject being fit tested using this protocol
follows the exercise and measurement
procedures, including the order of
administration described in Table A–3 of this
appendix.
*
*
*
*
*
[FR Doc. 2019–20686 Filed 9–25–19; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
I. Table of Abbreviations
[Docket Number USCG–2019–0756]
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
RIN 1625–AA00
Safety Zone, Wilmington River,
Savannah, GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on the Wilmington
River 1,000 feet on the north and south
side of the Islands Expressway Bridge in
Savannah, GA. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
placement of multiple spans for the new
Islands Expressway Bridge. Entry of
vessels or persons into this zone is
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SUMMARY:
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17:19 Sep 25, 2019
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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 September 26, 2019
to 2:00 p.m. on October 22, 2019. For
the purposes of enforcement, actual
notice will be used from 8:00 a.m. on
September 18, 2019 through September
26, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0756 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Rachel Crowe, Marine
Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, extension
243, or email Rachel.M.Crowe@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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.
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Frm 00046
Fmt 4700
Sfmt 4700
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 doing
so would be impracticable. Immediate
action is needed to respond to the
potential safety hazards created by the
placement of multiple spans for the new
Islands Expressway Bridge. The Coast
Guard received information on August
27, 2019 regarding the operations
beginning on September 18, 2019. The
operation would begin before the
rulemaking process would be
completed. Because of the dangers
posed by the placement of multiple
spans, the safety zone is necessary to
provide for the safety of persons,
vessels, and the marine environment in
the event area.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the construction and
placement of multiple spans.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP Savannah has determined that
potential hazards associated with the
placement of multiple spans for the new
Islands Expressway Bridge starting
September 18, 2019, will be a safety
concern for anyone within 1,000 feet of
the north and south side of the Islands
Expressway Bridge. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during
bridge construction.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:00 a.m. on September 18, 2019
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to 2:00 p.m. on September 20, 2019,
8:00 a.m. on September 23, 2019 to 2:00
p.m. on September 27, 2019, 8:00 a.m.
on September 30, 2019 to 2:00 p.m. on
October 4, 2019, 8:00 a.m. on October
14, 2019 to 2:00 p.m. on October 18,
2019, 8:00 a.m. on October 21, 2019 to
2:00 p.m. on October 22, 2019. The
safety zone will cover all navigable
waters within 1,000 feet on the north
and south side of the Islands
Expressway Bridge, Savannah, GA.
Weather contingency days have been
factored into this timeframe. If the safety
zone is not enforced on weather
contingency days, the Coast Guard will
notify the public via Broadcast Notice to
Mariners and will update the Local
Notice to Mariners.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during placement of multiple
spans for the new Islands Expressway
Bridge. No vessel or person will be
permitted to enter, transit through,
anchor in, or remain within the safety
zone without obtaining permission from
the COTP or a designated
representative.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
safety zone is only in effect for
navigable waters within 1,000 feet of the
Islands Expressway Bridge on the north
and south side during the placement of
multiple spans for the new Islands
Expressway Bridge. Vessels and persons
seeking to enter, transit through, anchor
in, or remain within the regulated area
VerDate Sep<11>2014
17:19 Sep 25, 2019
Jkt 247001
may seek authority from the COTP or a
designated representative. The Coast
Guard will provide notification of the
regulated area to the local maritime
community by Local Notice to Mariners,
Broadcast Notice to Mariners via VHF–
FM marine channel 16, and Marine
Safety Information Bulletin release.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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50757
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone during the placement of multiple
spans for the new Islands Expressway
Bridge. It is categorically excluded from
further review under paragraph L60(a)
in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A Record of
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Rules and Regulations
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. 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.
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security
Delegations No. 0170.1.
2. Add § 165.T07–0756 to read as
follows:
■
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§ 165.T07–0756 Safety Zone, Wilmington
River, Savannah, GA.
(a) Regulated area. The following
areas are established as safety zones: All
waters of the Wilmington River within
1,000 feet on the north and south side
of the Islands Expressway Bridge,
Wilmington River in Savannah, GA.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels or aircraft, and
federal, state, and local officers
designated by or assisting the Captain of
the Port (COTP) Savannah in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area of
the safety zone unless authorized by the
COTP Savannah or a designated
representative.
(2) Persons or vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact COTP Savannah by telephone at
(912) 652–4353 × 243, or a designated
representative via VHF radio on channel
16, to request authorization. If
VerDate Sep<11>2014
17:19 Sep 25, 2019
Jkt 247001
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the COTP
Savannah or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Savannah or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, Marine Safety Information
Bulletins, and on-scene designated
representatives.
(d) Effective and enforcement period.
This section is effective without actual
notice from September 26, 2019 to 2:00
p.m. on October 22, 2019. For the
purposes of enforcement, actual notice
will be used from 8:00 a.m. on
September 18, 2019 through September
26, 2019. This section will be enforced
intermittently from 8:00 a.m. on
September 18, 2019 to 2:00 p.m. on
September 20, 2019, 8:00 a.m. on
September 23, 2019 to 2:00 p.m. on
September 27, 2019, 8:00 a.m. on
September 30, 2019 to 2:00 p.m. on
October 4, 2019, 8:00 a.m. on October
14, 2019 to 2:00 p.m. on October 18,
2019, 8:00 a.m. on October 21, 2019 to
2:00 p.m. on October 22, 2019.
(e) Notice of suspension of
enforcement. If the safety zone
described in paragraph (a) of this
section is not enforced on the days
listed in paragraph (d) of this section,
the Coast Guard will notify the public
via Broadcast Notice to Mariners and
will update the Local Notice to
Mariners.
Dated: September 16, 2019.
Judson A. Coleman,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port Savannah.
[FR Doc. 2019–20565 Filed 9–25–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0813; FRL–10000–
25–Region 4]
Air Plan Approval; Georgia; 2008 8Hour Ozone Interstate Transport
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
Georgia’s August 15, 2018, State
Implementation Plan (SIP) submission
SUMMARY:
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Fmt 4700
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pertaining to the ‘‘good neighbor’’
provision of the Clean Air Act (CAA or
Act) for the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires each state’s implementation
plan to address the interstate transport
of air pollution in amounts that
contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
state. In this action, EPA is finalizing
the determination that Georgia will not
contribute significantly to
nonattainment or interfere with
maintenance of the 2008 8-hour ozone
NAAQS in any other state. Therefore,
EPA is approving Georgia’s August 15,
2018, SIP revision as meeting the
requirements of the good neighbor
provision for the 2008 8-hour ozone
NAAQS.
This rule will be effective
October 28, 2019.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0813. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Adams can also be reached via
telephone at (404) 562–9009 and via
electronic mail at adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\26SER1.SGM
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Agencies
[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50756-50758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20565]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0756]
RIN 1625-AA00
Safety Zone, Wilmington River, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Wilmington River 1,000 feet on the north and
south side of the Islands Expressway Bridge in Savannah, GA. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the placement of multiple
spans for the new Islands Expressway Bridge. Entry of vessels or
persons 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 September 26,
2019 to 2:00 p.m. on October 22, 2019. For the purposes of enforcement,
actual notice will be used from 8:00 a.m. on September 18, 2019 through
September 26, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0756 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Rachel Crowe, Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard; telephone 912-652-4353, extension
243, or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to 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 doing so would be impracticable.
Immediate action is needed to respond to the potential safety hazards
created by the placement of multiple spans for the new Islands
Expressway Bridge. The Coast Guard received information on August 27,
2019 regarding the operations beginning on September 18, 2019. The
operation would begin before the rulemaking process would be completed.
Because of the dangers posed by the placement of multiple spans, the
safety zone is necessary to provide for the safety of persons, vessels,
and the marine environment in the event area.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the
construction and placement of multiple spans.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Savannah has determined that potential hazards
associated with the placement of multiple spans for the new Islands
Expressway Bridge starting September 18, 2019, will be a safety concern
for anyone within 1,000 feet of the north and south side of the Islands
Expressway Bridge. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone during bridge construction.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:00 a.m. on September 18,
2019
[[Page 50757]]
to 2:00 p.m. on September 20, 2019, 8:00 a.m. on September 23, 2019 to
2:00 p.m. on September 27, 2019, 8:00 a.m. on September 30, 2019 to
2:00 p.m. on October 4, 2019, 8:00 a.m. on October 14, 2019 to 2:00
p.m. on October 18, 2019, 8:00 a.m. on October 21, 2019 to 2:00 p.m. on
October 22, 2019. The safety zone will cover all navigable waters
within 1,000 feet on the north and south side of the Islands Expressway
Bridge, Savannah, GA. Weather contingency days have been factored into
this timeframe. If the safety zone is not enforced on weather
contingency days, the Coast Guard will notify the public via Broadcast
Notice to Mariners and will update the Local Notice to Mariners.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters during placement
of multiple spans for the new Islands Expressway Bridge. No vessel or
person will be permitted to enter, transit through, anchor in, or
remain within the safety zone without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
is only in effect for navigable waters within 1,000 feet of the Islands
Expressway Bridge on the north and south side during the placement of
multiple spans for the new Islands Expressway Bridge. Vessels and
persons seeking to enter, transit through, anchor in, or remain within
the regulated area may seek authority from the COTP or a designated
representative. The Coast Guard will provide notification of the
regulated area to the local maritime community by Local Notice to
Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and Marine Safety Information Bulletin release.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone during the placement of
multiple spans for the new Islands Expressway Bridge. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. A Record of
[[Page 50758]]
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegations No.
0170.1.
0
2. Add Sec. 165.T07-0756 to read as follows:
Sec. 165.T07-0756 Safety Zone, Wilmington River, Savannah, GA.
(a) Regulated area. The following areas are established as safety
zones: All waters of the Wilmington River within 1,000 feet on the
north and south side of the Islands Expressway Bridge, Wilmington River
in Savannah, GA.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels or aircraft, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP) Savannah in
the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area of the safety zone unless authorized by the COTP
Savannah or a designated representative.
(2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP Savannah by
telephone at (912) 652-4353 x 243, or a designated representative via
VHF radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted by the COTP Savannah or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, Marine Safety
Information Bulletins, and on-scene designated representatives.
(d) Effective and enforcement period. This section is effective
without actual notice from September 26, 2019 to 2:00 p.m. on October
22, 2019. For the purposes of enforcement, actual notice will be used
from 8:00 a.m. on September 18, 2019 through September 26, 2019. This
section will be enforced intermittently from 8:00 a.m. on September 18,
2019 to 2:00 p.m. on September 20, 2019, 8:00 a.m. on September 23,
2019 to 2:00 p.m. on September 27, 2019, 8:00 a.m. on September 30,
2019 to 2:00 p.m. on October 4, 2019, 8:00 a.m. on October 14, 2019 to
2:00 p.m. on October 18, 2019, 8:00 a.m. on October 21, 2019 to 2:00
p.m. on October 22, 2019.
(e) Notice of suspension of enforcement. If the safety zone
described in paragraph (a) of this section is not enforced on the days
listed in paragraph (d) of this section, the Coast Guard will notify
the public via Broadcast Notice to Mariners and will update the Local
Notice to Mariners.
Dated: September 16, 2019.
Judson A. Coleman,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Savannah.
[FR Doc. 2019-20565 Filed 9-25-19; 8:45 am]
BILLING CODE 9110-04-P