Safety Zones; Savannah River, M/V BIGLIFT BARENTSZ, Savannah, GA, 57004-57006 [2023-18008]
Download as PDF
57004
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
parts 730 through 774) is amended as
follows:
e. Under SINGAPORE by removing
the entry for ‘‘Smart Cakrawala
Aviation;’’
■ f. Under TURKEY by removing the
entry for ‘‘Odak Kimya;’’ and
■ g. Under the UNITED ARAB
EMIRATES by removing the entry for
‘‘Recaz Star General Trading LLC.’’
■
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 19, 2022,
87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November
10, 2022).
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15:46 Aug 21, 2023
Jkt 259001
[Docket Number USCG–2023–0542]
RIN 1625–AA00
[FR Doc. 2023–18125 Filed 8–21–23; 8:45 am]
AGENCY:
BILLING CODE 3510–33–P
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing two temporary safety zones
for navigable waters of the Savannah
River, within a 500-yard radius around
Motor Vessel (M/V) BIGLIFT
BARENTSZ. The safety zones are
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the transit
through the Savannah River to Georgia
Port Authority Garden City Terminal
Berth No. 1 while carrying large cranes,
and for the offload of those cranes to the
facility. Entry of vessels or persons into
the safety zones are prohibited unless
specifically authorized by the Captain of
the Port Savannah or a designated
representative.
SUMMARY:
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
■
VerDate Sep<11>2014
33 CFR Part 165
Safety Zones; Savannah River, M/V
BIGLIFT BARENTSZ, Savannah, GA
RIN 0960–AG65
2. Supplement no. 6 to part 744 is
amended:
■ a. Under CHINA, PEOPLE’S
REPUBLIC OF by removing the entries
for ‘‘Beijing PowerMac Company;’’
‘‘Beijing SWT Science;’’ ‘‘Beijing
Zhonghehangxun Technology;’’
‘‘Chongqing Xinyuhang Technology Co.,
Ltd.;’’ ‘‘Dandong Center for Food
Control;’’ ‘‘DK Laser Company Ltd.;’’
‘‘Guangdong Guanghua Sci-Tech Co.;’’
‘‘Guangzhou GRG Metrology & Test
(Beijing) Co., Ltd.;’’ ‘‘Gucheng Xian
Fengxin Titanium Alloy;’’ ‘‘Hunan
University;’’ ‘‘Jialin Precision Optics
(Shanghai) Co., Ltd.;’’ ‘‘Jinan Bodor CNC
Machine Co., Ltd.;’’ ‘‘Lishui Zhengyang
Electric Power Construction;’’ ‘‘Luoyang
Weimi Optics;’’ ‘‘Nanchang University;’’
‘‘Nanjing Gova Technology Co., Ltd.;’’
‘‘Qingdao Sci-Tech Innovation Quality
Testing Co., Ltd.;’’ ‘‘Shuang Xiang
(Fujian) Electronics;’’ ‘‘Sino
Superconductor Technology;’’ ‘‘Suzhou
Chaowei Jingna Optoelectric Co.;’’
‘‘Suzhou Sen-Chuan Machinery
Technology Co., Ltd.;’’ ‘‘Tianjin Optical
Valley Technology Co., Ltd.;’’ ‘‘TRI
Microsystems;’’ ‘‘Wuxi Hengling
Technology Co., Ltd.;’’ ‘‘Yunnan FS
Optics Co., Ltd.;’’ ‘‘Yunnan Tianhe
Optoelectronic Co., Ltd.;’’ and
‘‘Zhuzhou CRRC Special Equipment
Technology Co.;’’
■ b. By removing the country listing for
INDONESIA and the entry for ‘‘PT
Smart Cakrawala Aviation’’ under the
listing;
■ c. Under PAKISTAN by removing the
entries for ‘‘T.M.A. International’’ and
‘‘Seven Star Company;’’
■ d. Under RUSSIA by removing the
entries for and ‘‘JSC Voentelecom’’ and
‘‘Radiofizika OAO;’’
Coast Guard
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[Docket No. SSA–2017–0042]
Supplement No. 6 to Part 744
[Amended]
DEPARTMENT OF HOMELAND
SECURITY
Revised Medical Criteria for Evaluating
Digestive Disorders and Skin
Disorders
Correction
In Rule Document C1–2023–11771,
appearing on page 55366 in the issue of
Tuesday, August 15, 2023, amendatory
instruction 1 and the following text is
corrected to read as follows:
1, On page 37740, in the first column,
after line 32 of Part 404, Appendix 1 to
Subpart P, is corrected as set forth
below.
*
*
*
*
*
■
PART 404—FEDERAL OLD–AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–) [Corrected]
*
*
*
*
*
*
*
*
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
*
*
*
*
*
(a) The initial calculation is:
I. Table of Abbreviations
SSA CLDi =
9.57 × [loge (serum creatinine mg/dL)]
+ 3.78 × [loge (serum total bilirubin mg/
dL)]
+ 11.2 × [loge (INR)]
+ 6.43
rounded to the nearest whole integer.
*
*
*
*
*
[FR Doc. C2–2023–11771 Filed 8–21–23; 8:45 am]
BILLING CODE 0099–10–P
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If
you have questions on this rule, call or
email Marine Science Technician First
Class Kellyn Starkey, Shoreside
Compliance, Marine Safety Unit
Savannah, U.S. Coast Guard; telephone
912–652–4353, email Kellyn.A.Starkey@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
*
Subpart P—Determining Disability and
Blindness
*
This rule is effective from 7 a.m.
on August 24, 2023 through 11:59 p.m.
on September 11, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0542 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
NPRM Notice of proposed rulemaking
§ 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
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
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. It is
impracticable to publish an NPRM
because we must establish safety zones
by August 24, 2023. The Motor Vessel
(M/V) BIGLIFT BARENTSZ will be
transiting through the Savannah River to
Georgia Port Authority Garden City
Terminal Berth No. 1 while carrying
large cranes, and for the offloading of
those cranes to the facility. Immediate
action is necessary to protect the safety
of the public, and vessels transiting the
waters of the Savannah River during the
planned movement and obstruction
created by oversized cranes.
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 potentical safety hazards
associated with the potential hazards
associated with the transit and offload
of gantry cranes from M/V BIGLIFT
BARENTSZ.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Savannah (COTP)
has determined that potential hazards
associated with the transit and offload
of gantry cranes from M/V BIGLIFT
BARENTSZ scheduled for August 24,
2023, through September 11, 2023, will
be a safety concern for anyone within a
500-yard radius of the vessel. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zones
while the vessel is transiting the
Savannah River and offloading gantry
cranes.
IV. Discussion of the Rule
This rule establishes two temporary
safety zones from August 24, 2023
through September 11, 2023. A moving
and fixed temporary safety zone will be
established for the vessel M/V BIGLIFT
BARENTSZ while it is in the Savannah
River and would cover all navigable
waters within 500 yards of the vessel,
up to Georgia Port Authority Garden
City Terminal Berth No. 1, and during
VerDate Sep<11>2014
15:46 Aug 21, 2023
Jkt 259001
offload of the cranes. The moving
temporary safety zone would only be
enforced while the vessel is transiting,
and the fixed temporary safety zone will
be enforced while it is discharging the
cranes. This safety zone may last until
September 11, 2023, but it will not be
enforced after the cranes have been
removed from the vessel. The safety
zones are needed to protect personnel,
vessels, and the marine environment
from potential hazards created by the
movement and obstruction hazard of
two oversized cranes transiting the
Savannah River, and when the vessel is
moored to that facility. No vessel or
person will be permitted to enter 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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, this
rule has not been reviewed by the Office
of Management and Budget (OMB).
This regulatory action determination
is based on the size, location and scope
of the safety zones. The safety zones are
limited in size, location, and duration as
it will cover all navigable waters of the
Savannah River within 500 yards of the
M/V/BIGLIFT BARENTSZ while it is
underway with cranes onboard, and
while it is moored to the terminal, and
discharging its cargo. The safety zones
are limited in scope as vessel traffic may
be able to safely transit around the
safety zones and vessels may seek
permission from the COTP to enter the
safety zones. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the safety zone.
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
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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 would 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 call or email 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.
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
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.
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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, 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 safety
zones within 500 yards of M/V BIGLIFT
BAFFIN during transit and offload of
cranes. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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
VerDate Sep<11>2014
15:46 Aug 21, 2023
Jkt 259001
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T07–0542 to read as
follows:
■
§ 165.T07–0542 Safety Zone; Savannah
River, M/V BIGLIFT BARENTSZ, Savannah,
GA.
(a) Location. The following areas are
safety zones:
(1) A moving safety zone that includes
all navigable waters of the Savannah
River, within a 500-yard radius of the
Motor Vessel (M/V) BIGLIFT
BARENTSZ while transiting the
Savannah River and laden with
oversized cranes.
(2) A fixed zone that includes all
navigable waters of the Savannah River,
within a 500-yard radius of vessel M/V
BIGLIFT BARENTSZ while moored at
Georgia Port Authority Garden City
Terminal Berth No. 1 and laden with
oversized cranes.
(b) Definition. As used in this section,
designated representative means a Coast
Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel and a Federal, State, and local
officer designated by or assisting the
Captain of the Port Savannah (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s 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) 247–0073, 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 or a designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by
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Broadcast Notice to Mariners, Marine
Safety Information Bulletins, and onscene designated representatives.
(d) Effective period. This section is
effective from August 24, 2023, through
September 11, 2023.
(e) Enforcement period. The moving
safety zone will be enforced while the
vessel M/V BIGLIFT BARENTSZ is
transiting with the cranes embarked.
The fixed safety zone will be enforced
while the vessel M/V BIGLIFT
BARENTSZ is moored at the facility,
and the cranes are onboard.
Dated: August 16, 2023.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah, GA.
[FR Doc. 2023–18008 Filed 8–21–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0380]
RIN 1625–AA00
Safety Zone; Hurricanes, Tropical
Storms and other Disasters in
Southeast Texas and Southwest
Louisiana
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is
establishing a permanent safety zone to
be enforced in the event of hurricanes,
tropical storms, and other disasters in
southeast Texas and southwest
Louisiana. This action is necessary to
ensure the safety of the waters of the
Port Arthur Captain of the Port (COTP)
zone Port Arthur, TX, prior to, during
and following hurricanes, tropical
storms and other disasters. This
regulation establishes actions to be
completed by industry and vessels in
the COTP zone prior to landfall of
hurricanes, tropical storms, and other
disasters threatening Port Arthur, TX.
DATES: This rule is effective September
21, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0380 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57004-57006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18008]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0542]
RIN 1625-AA00
Safety Zones; Savannah River, M/V BIGLIFT BARENTSZ, Savannah, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones for
navigable waters of the Savannah River, within a 500-yard radius around
Motor Vessel (M/V) BIGLIFT BARENTSZ. The safety zones are needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the transit through the Savannah River to Georgia
Port Authority Garden City Terminal Berth No. 1 while carrying large
cranes, and for the offload of those cranes to the facility. Entry of
vessels or persons into the safety zones are prohibited unless
specifically authorized by the Captain of the Port Savannah or a
designated representative.
DATES: This rule is effective from 7 a.m. on August 24, 2023 through
11:59 p.m. on September 11, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0542 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Kellyn Starkey,
Shoreside Compliance, Marine Safety Unit Savannah, U.S. Coast Guard;
telephone 912-652-4353, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
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
[[Page 57005]]
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. It is impracticable to publish an NPRM because we must establish
safety zones by August 24, 2023. The Motor Vessel (M/V) BIGLIFT
BARENTSZ will be transiting through the Savannah River to Georgia Port
Authority Garden City Terminal Berth No. 1 while carrying large cranes,
and for the offloading of those cranes to the facility. Immediate
action is necessary to protect the safety of the public, and vessels
transiting the waters of the Savannah River during the planned movement
and obstruction created by oversized cranes.
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 potentical safety hazards associated with the potential
hazards associated with the transit and offload of gantry cranes from
M/V BIGLIFT BARENTSZ.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Savannah (COTP) has determined that
potential hazards associated with the transit and offload of gantry
cranes from M/V BIGLIFT BARENTSZ scheduled for August 24, 2023, through
September 11, 2023, will be a safety concern for anyone within a 500-
yard radius of the vessel. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zones while the vessel is transiting the Savannah River and
offloading gantry cranes.
IV. Discussion of the Rule
This rule establishes two temporary safety zones from August 24,
2023 through September 11, 2023. A moving and fixed temporary safety
zone will be established for the vessel M/V BIGLIFT BARENTSZ while it
is in the Savannah River and would cover all navigable waters within
500 yards of the vessel, up to Georgia Port Authority Garden City
Terminal Berth No. 1, and during offload of the cranes. The moving
temporary safety zone would only be enforced while the vessel is
transiting, and the fixed temporary safety zone will be enforced while
it is discharging the cranes. This safety zone may last until September
11, 2023, but it will not be enforced after the cranes have been
removed from the vessel. The safety zones are needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the movement and obstruction hazard of two oversized cranes
transiting the Savannah River, and when the vessel is moored to that
facility. No vessel or person will be permitted to enter 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size, location
and scope of the safety zones. The safety zones are limited in size,
location, and duration as it will cover all navigable waters of the
Savannah River within 500 yards of the M/V/BIGLIFT BARENTSZ while it is
underway with cranes onboard, and while it is moored to the terminal,
and discharging its cargo. The safety zones are limited in scope as
vessel traffic may be able to safely transit around the safety zones
and vessels may seek permission from the COTP to enter the safety
zones. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety zone.
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 would 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
call or email 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.
[[Page 57006]]
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.
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, Rev. 1, associated implementing instructions, 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 safety
zones within 500 yards of M/V BIGLIFT BAFFIN during transit and offload
of cranes. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0542 to read as follows:
Sec. 165.T07-0542 Safety Zone; Savannah River, M/V BIGLIFT BARENTSZ,
Savannah, GA.
(a) Location. The following areas are safety zones:
(1) A moving safety zone that includes all navigable waters of the
Savannah River, within a 500-yard radius of the Motor Vessel (M/V)
BIGLIFT BARENTSZ while transiting the Savannah River and laden with
oversized cranes.
(2) A fixed zone that includes all navigable waters of the Savannah
River, within a 500-yard radius of vessel M/V BIGLIFT BARENTSZ while
moored at Georgia Port Authority Garden City Terminal Berth No. 1 and
laden with oversized cranes.
(b) Definition. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Savannah (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's 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) 247-0073, 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 or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
(d) Effective period. This section is effective from August 24,
2023, through September 11, 2023.
(e) Enforcement period. The moving safety zone will be enforced
while the vessel M/V BIGLIFT BARENTSZ is transiting with the cranes
embarked. The fixed safety zone will be enforced while the vessel M/V
BIGLIFT BARENTSZ is moored at the facility, and the cranes are onboard.
Dated: August 16, 2023.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA.
[FR Doc. 2023-18008 Filed 8-21-23; 8:45 am]
BILLING CODE 9110-04-P