80_FR_30463 80 FR 30361 - Safety Zone; Loading and Outbound Transit of TUG THOMAS and BARGE OCEANUS, Savannah River; Savannah, GA

80 FR 30361 - Safety Zone; Loading and Outbound Transit of TUG THOMAS and BARGE OCEANUS, Savannah River; Savannah, GA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range30361-30364
FR Document2015-12637

The Coast Guard is establishing a temporary safety zone around the TUG THOMAS and BARGE OCEANUS during the loading and outbound transit of three oversized ship to shore (STS) cranes on the Savannah River from the Georgia Ports Authority, Garden City Terminal. This safety zone facilitates the safe loading and outbound transit of three oversized STS cranes from the Port of Savannah. A fixed safety zone will be enforced during the loading of the cranes on the barge and a moving safety zone will be enforced while the TUG THOMAS and BARGE OCEANUS are transiting outbound the Savannah River. This regulation is necessary to protect life and property on the navigable waters of the Savannah River due to the hazards associated with the transport of these oversized cranes. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Savannah or a designated representative.

Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30361-30364]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0280]
RIN 1625-AA00


Safety Zone; Loading and Outbound Transit of TUG THOMAS and BARGE 
OCEANUS, Savannah River; Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone around 
the TUG THOMAS and BARGE OCEANUS during the loading and outbound 
transit of three oversized ship to shore (STS) cranes on the Savannah 
River from the Georgia Ports Authority, Garden City Terminal. This 
safety zone facilitates the safe loading and outbound transit of three 
oversized STS cranes from the Port of Savannah. A fixed safety zone 
will be enforced during the loading of the cranes on the barge and a 
moving safety zone will be enforced while the TUG THOMAS and BARGE 
OCEANUS are transiting outbound the Savannah River. This regulation is 
necessary to protect life and property on the navigable waters of the 
Savannah River due to the hazards associated with the transport of 
these oversized cranes. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Savannah or a 
designated representative.

DATES: This rule is effective without actual notice from May 28, 2015 
until 11:59 p.m., July 1, 2015. For the purposes of enforcement, actual 
notice will be used from May 14, 2015 until May 28, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0280. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Christopher McElvaine, Marine Safety Unit Savannah 
Office of Waterways Management, Coast Guard; telephone (912) 652-4353 
ext 221, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
notice of the transit until April 6, 2015. Publishing a NPRM and 
delaying its effective date would be impracticable and contrary to 
public interest because immediate action is needed to protect the TUG 
THOMAS, BARGE OCEANUS, other vessels, and mariners from the hazards 
associated with the transit operations of three STS cranes from Georgia 
Ports Authority.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for

[[Page 30362]]

making this rule effective less than 30 days after publication in the 
Federal Register for the same reasons discussed above.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of life and vessels 
on a navigable waterway of the United States during the TUG THOMAS and 
BARGE OCEANUS ship to shore crane loading and outbound transit.

C. Discussion of the Final Rule

    The Coast Guard is establishing this safety zone to facilitate the 
safe loading of cranes and outbound transit of the TUG THOMAS and the 
BARGE OCEANUS on the Savannah River. The large STS cranes pose a danger 
to other vessels that may meet, pass or attempt to overtake the TUG 
THOMAS and BARGE OCEANUS in the narrow waterway of the Savannah River. 
This safety zone is necessary to protect the safety of lives and 
persons during this transit.
    A moving and fixed safety zone will be established when the TUG 
THOMAS and BARGE OCEANUS commence loading operations and begin outbound 
transit. It will cover all waters of the Savannah River one nautical 
mile ahead and astern of the TUG THOMAS and BARGE OCEANUS. During crane 
loading operations no vessel may pass TUG THOMAS and BARGE OCEANUS 
unless authorized by the COTP Savannah or designated representative and 
during the vessel's outbound transit, no other vessel may meet, pass, 
or overtake the TUG THOMAS and BARGE OCEANUS, unless authorized by the 
COTP Savannah or a designated representative.
    Entry into the safety zone is prohibited for all vessels unless 
specifically authorized by the COTP Savannah or a designated 
representative. U.S. Coast Guard assets or designated representatives 
will enforce this safety zone, and coordinate vessel movements into the 
zone when safe to minimize the zone's impact on vessel movements. 
Persons or vessels desiring to enter, transit through, anchor in, or 
remain within the safety zone may contact the Captain of the Port 
Savannah by telephone at (912) 652-4353, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, anchor in, or remain within the safety zone 
is granted by the Captain of the Port Savannah or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Savannah 
or a designated representative. The Coast Guard will provide notice of 
the safety zones by Broadcast Notice to Mariners, and on-scene 
designated representatives.
    This rule will only be enforced during loading operations and the 
outbound transit of the TUG THOMAS and BARGE OCEANUS and will remain in 
effect until the vessels have left the harbor. The COTP Savannah or a 
designated representative will inform the public through broadcast 
notice to mariners of the enforcement periods for this safety zone.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: This safety zone will only be enforced during times 
of loading operations and the outbound transit of the TUG THOMAS and 
BARGE OCEANUS on the Savannah River. Once the TUG THOMAS and BARGE 
OCEANUS have exited the Savannah River, the safety zone will be 
terminated. The transit of the TUG THOMAS and BARGE OCEANUS is expected 
to take six to eight hours.
    The Coast Guard has notified the Georgia Ports Authority and 
Savannah Pilots Association of the needs, conditions, and effective 
dates and times of the safety zone so that they may schedule arriving 
and departing vessels that may be affected by this safety zone to 
minimize shipping delays. The presence of other moored vessels is not 
expected to impede the safe loading and outbound transit of the TUG 
THOMAS and BARGE OCEANUS, and sufficient channel width is anticipated 
while the TUG THOMAS and BARGE OCEANUS are moored so that other vessels 
may transit through the area.
    Notifications of the enforcement periods of this safety zone will 
be made to the marine community through broadcast notice to mariners. 
Representatives of the COTP will be on-scene to coordinate the 
movements of vessels seeking to enter the safety zone. These 
representatives will authorize vessel transits into the zone to the 
maximum safely allowable during the TUG THOMAS and BARGE OCEANUS

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Savannah River while TUG THOMAS and BARGE OCEANUS is 
transiting outbound on the Savannah River and while moored at Georgia 
Ports Authority. This safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (1) The COTP Savannah may consider granting vessels permission 
to enter into the moving and fixed safety zone if conditions allow for 
such transit to be conducted safely, and (2) the Coast Guard will issue 
a broadcast notice to mariners informing the public of the safety zone.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees

[[Page 30363]]

who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the creation of a temporary safety 
zone. This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add a temporary Sec.  165.T07-0280 to read as follows:


Sec.  165.T07-0280  Safety Zone; STS Crane Loading and Outbound Transit 
of TUG THOMAS and BARGE OCEANUS, Savannah River, Savannah, GA.

    (a) Regulated area. The fixed safety zone will be centered on TUG 
THOMAS and BARGE OCEANUS while moored and conducting loading 
operations, extending 500 yards in all directions. The moving safety 
zone will cover all waters of the Savannah River one nautical mile 
ahead and astern of the TUG THOMAS and BARGE OCEANUS while transiting 
outbound with the ship to shore (STS) cranes onboard.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Savannah in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zones unless authorized by the Captain of the Port Savannah or a 
designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zones may contact the Captain of the 
Port Savannah by telephone at (912) 652-4353, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted by the Captain of the Port Savannah or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Savannah or a designated representative.

[[Page 30364]]

    (3) The Coast Guard will provide notice of the regulated areas by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (e) Effective period. This rule is effective on April 21, 2015 
through May 31, 2015. This rule will be enforced when STS operations 
commence until TUG THOMAS and BARGE OCEANUS depart the Savannah River.

    Dated: May 14, 2015.
A.M. Beach,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2015-12637 Filed 5-27-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations                                        30361

                                                  Type the docket number in the                              The Coast Guard will also inform the               will be used from May 14, 2015 until
                                                  ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                    users of the waterway through our Local               May 28, 2015.
                                                  Click on Open Docket Folder on the line                 and Broadcast Notice to Mariners of the               ADDRESSES: Documents mentioned in
                                                  associated with this deviation. You may                 change in operating schedule for the                  this preamble are part of docket USCG–
                                                  also visit the Docket Management                        bridge so that vessels can arrange their              2014–0280. To view documents
                                                  Facility in Room W12–140 on the                         transits to minimize any impact caused                mentioned in this preamble as being
                                                  ground floor of the Department of                       by the temporary deviation.                           available in the docket, go to http://
                                                  Transportation West Building, 1200                         In accordance with 33 CFR 117.35(e),               www.regulations.gov, type the docket
                                                  New Jersey Avenue SE., Washington,                      the drawbridge must return to its regular             number in the ‘‘SEARCH’’ box and click
                                                  DC 20590, between 9 a.m. and 5 p.m.,                    operating schedule immediately at the                 ‘‘SEARCH.’’ Click on Open Docket
                                                  Monday through Friday, except Federal                   end of the effective period of this                   Folder on the line associated with this
                                                  holidays.                                               temporary deviation. This deviation                   rulemaking. You may also visit the
                                                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                          from the operating regulation is                      Docket Management Facility in Room
                                                  you have questions on this temporary                    authorized under 33 CFR 117.35.                       W12–140 on the ground floor of the
                                                  deviation, call or email Donna Gagliano,                  Dated: May 21, 2015                                 Department of Transportation West
                                                  Bridge Specialist, Coast Guard;                         David M. Frank,                                       Building, 1200 New Jersey Avenue SE.,
                                                  telephone 504–671–2128, email                           Bridge Administrator, Eighth Coast Guard              Washington, DC 20590, between 9 a.m.
                                                  Donna.Gagliano@uscg.mil. If you have                    District.                                             and 5 p.m., Monday through Friday,
                                                  questions on viewing the docket, call                   [FR Doc. 2015–12812 Filed 5–27–15; 8:45 am]           except Federal holidays.
                                                  Cheryl Collins, Program Manager,                        BILLING CODE 9110–04–P                                FOR FURTHER INFORMATION CONTACT: If
                                                  Docket Operations, telephone 202–366–                                                                         you have questions on this rule, call or
                                                  9826.                                                                                                         email LT Christopher McElvaine,
                                                  SUPPLEMENTARY INFORMATION: The New                      DEPARTMENT OF HOMELAND                                Marine Safety Unit Savannah Office of
                                                  Orleans and Gulf Coast Railway                          SECURITY                                              Waterways Management, Coast Guard;
                                                  Company has requested a temporary                                                                             telephone (912) 652–4353 ext 221, email
                                                                                                          Coast Guard                                           Christopher.D.McElvaine@uscg.mil. If
                                                  deviation from the operating schedule
                                                  for the Harvey Canal Railroad Bascule                                                                         you have questions on viewing or
                                                                                                          33 CFR Part 165                                       submitting material to the docket, call
                                                  Bridge across Gulf Intracoastal
                                                  Waterway, mile 0.2 west of Harvey Lock                  [Docket Number USCG–2015–0280]                        Cheryl Collins, Program Manager,
                                                  (Harvey Canal), at Harvey, Jefferson                                                                          Docket Operations, telephone (202)
                                                                                                          RIN 1625–AA00
                                                  Parish, Louisiana. The bridge has a                                                                           366–9826.
                                                  vertical clearance of 9 feet above mean                 Safety Zone; Loading and Outbound                     SUPPLEMENTARY INFORMATION:
                                                  high water in the closed-to-navigation                  Transit of TUG THOMAS and BARGE                       Table of Acronyms
                                                  position and 75 feet above mean high                    OCEANUS, Savannah River; Savannah,
                                                  water in the open-to-navigation                         GA                                                    DHS Department of Homeland Security
                                                  position.                                                                                                     FR Federal Register
                                                                                                          AGENCY:    Coast Guard, DHS.                          NPRM Notice of proposed rulemaking
                                                     Presently, the bridge opens on signal
                                                  according to operating regulation Tile                  ACTION:   Temporary final rule.                       A. Regulatory History and Information
                                                  33 CFR 117.5. This deviation is effective               SUMMARY:    The Coast Guard is                           The Coast Guard is issuing this
                                                  from noon on Friday, June 19, 2015                      establishing a temporary safety zone                  temporary final rule without prior
                                                  until 7 p.m. on Friday, June 26, 2015.                  around the TUG THOMAS and BARGE                       notice and opportunity to comment
                                                  This deviation provides for the bridge to               OCEANUS during the loading and                        pursuant to authority under section 4(a)
                                                  remain closed-to-navigation for 175                     outbound transit of three oversized ship              of the Administrative Procedure Act
                                                  consecutive hours.                                      to shore (STS) cranes on the Savannah                 (APA) (5 U.S.C. 553(b)). This provision
                                                     For the duration of the replacement of               River from the Georgia Ports Authority,               authorizes an agency to issue a rule
                                                  the bronze pinion bearing bushings,                     Garden City Terminal. This safety zone                without prior notice and opportunity to
                                                  vessels will not be allowed to pass                     facilitates the safe loading and outbound             comment when the agency for good
                                                  through the bridge in order to complete                 transit of three oversized STS cranes                 cause finds that those procedures are
                                                  the needed replacement.                                 from the Port of Savannah. A fixed                    ‘‘impracticable, unnecessary, or contrary
                                                     The closure is necessary in order to                 safety zone will be enforced during the               to the public interest.’’ Under 5 U.S.C.
                                                  replace the north side bronze pinion                    loading of the cranes on the barge and                553(b)(B), the Coast Guard finds that
                                                  bearing bushing to the drawbridge                       a moving safety zone will be enforced                 good cause exists for not publishing a
                                                  essential for the continued safe                        while the TUG THOMAS and BARGE                        notice of proposed rulemaking (NPRM)
                                                  operation of the draw span of the                       OCEANUS are transiting outbound the                   with respect to this rule because the
                                                  railroad bridge. The Coast Guard has                    Savannah River. This regulation is                    Coast Guard did not receive notice of
                                                  coordinated the closure with waterway                   necessary to protect life and property on             the transit until April 6, 2015.
                                                  users, industry, and other Coast Guard                  the navigable waters of the Savannah                  Publishing a NPRM and delaying its
                                                  units. It has been determined that this                 River due to the hazards associated with              effective date would be impracticable
                                                  closure will not have a significant effect              the transport of these oversized cranes.              and contrary to public interest because
                                                  on vessel traffic.                                      Entry into this zone is prohibited unless             immediate action is needed to protect
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                     Navigation on the waterway consists                  specifically authorized by the Captain of             the TUG THOMAS, BARGE OCEANUS,
                                                  mainly of tugs with tows. The bridge                    the Port (COTP) Savannah or a                         other vessels, and mariners from the
                                                  will not be able to open for emergencies                designated representative.                            hazards associated with the transit
                                                  and there is an alternate route available               DATES: This rule is effective without                 operations of three STS cranes from
                                                  via the Gulf Intracoastal Waterway                      actual notice from May 28, 2015 until                 Georgia Ports Authority.
                                                  (Algiers Alternate Route) to avoid                      11:59 p.m., July 1, 2015. For the                        Under 5 U.S.C. 553(d)(3), the Coast
                                                  unnecessary delays.                                     purposes of enforcement, actual notice                Guard finds that good cause exists for


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                                                  30362              Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations

                                                  making this rule effective less than 30                 authorization. If authorization to enter,             outbound transit of the TUG THOMAS
                                                  days after publication in the Federal                   transit through, anchor in, or remain                 and BARGE OCEANUS, and sufficient
                                                  Register for the same reasons discussed                 within the safety zone is granted by the              channel width is anticipated while the
                                                  above.                                                  Captain of the Port Savannah or a                     TUG THOMAS and BARGE OCEANUS
                                                                                                          designated representative, all persons                are moored so that other vessels may
                                                  B. Basis and Purpose
                                                                                                          and vessels receiving such authorization              transit through the area.
                                                    The legal basis for the rule is the                   must comply with the instructions of                     Notifications of the enforcement
                                                  Coast Guard’s authority to establish                    the Captain of the Port Savannah or a                 periods of this safety zone will be made
                                                  regulated navigation areas and other                    designated representative. The Coast                  to the marine community through
                                                  limited access areas: 33 U.S.C. 1231; 50                Guard will provide notice of the safety               broadcast notice to mariners.
                                                  U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                      zones by Broadcast Notice to Mariners,                Representatives of the COTP will be on-
                                                  6.04–6, and 160.5; Department of                        and on-scene designated                               scene to coordinate the movements of
                                                  Homeland Security Delegation No.                        representatives.                                      vessels seeking to enter the safety zone.
                                                  0170.1.                                                    This rule will only be enforced during             These representatives will authorize
                                                    The purpose of the rule is to ensure                  loading operations and the outbound                   vessel transits into the zone to the
                                                  the safety of life and vessels on a                     transit of the TUG THOMAS and                         maximum safely allowable during the
                                                  navigable waterway of the United States                 BARGE OCEANUS and will remain in                      TUG THOMAS and BARGE OCEANUS
                                                  during the TUG THOMAS and BARGE                         effect until the vessels have left the
                                                  OCEANUS ship to shore crane loading                                                                           2. Impact on Small Entities
                                                                                                          harbor. The COTP Savannah or a
                                                  and outbound transit.                                   designated representative will inform                    The Regulatory Flexibility Act of 1980
                                                                                                          the public through broadcast notice to                (RFA), 5 U.S.C. 601–612, as amended,
                                                  C. Discussion of the Final Rule
                                                                                                          mariners of the enforcement periods for               requires federal agencies to consider the
                                                     The Coast Guard is establishing this                 this safety zone.                                     potential impact of regulations on small
                                                  safety zone to facilitate the safe loading                                                                    entities during rulemaking. The term
                                                  of cranes and outbound transit of the                   D. Regulatory Analyses                                ‘‘small entities’’ comprises small
                                                  TUG THOMAS and the BARGE                                  We developed this rule after                        businesses, not-for-profit organizations
                                                  OCEANUS on the Savannah River. The                      considering numerous statutes and                     that are independently owned and
                                                  large STS cranes pose a danger to other                 executive orders related to rulemaking.               operated and are not dominant in their
                                                  vessels that may meet, pass or attempt                  Below we summarize our analyses                       fields, and governmental jurisdictions
                                                  to overtake the TUG THOMAS and                          based on these statutes and executive                 with populations of less than 50,000.
                                                  BARGE OCEANUS in the narrow                             orders.                                                  The Coast Guard certifies under 5
                                                  waterway of the Savannah River. This                                                                          U.S.C. 605(b) that this rule will not have
                                                  safety zone is necessary to protect the                 1. Regulatory Planning and Review                     a significant economic impact on a
                                                  safety of lives and persons during this                    This rule is not a significant                     substantial number of small entities.
                                                  transit.                                                regulatory action under section 3(f) of               This rule may affect the following
                                                     A moving and fixed safety zone will                  Executive Order 12866, Regulatory                     entities, some of which may be small
                                                  be established when the TUG THOMAS                      Planning and Review, as supplemented                  entities: The owners or operators of
                                                  and BARGE OCEANUS commence                              by Executive Order 13563, Improving                   vessels intending to transit the
                                                  loading operations and begin outbound                   Regulation and Regulatory Review, and                 Savannah River while TUG THOMAS
                                                  transit. It will cover all waters of the                does not require an assessment of                     and BARGE OCEANUS is transiting
                                                  Savannah River one nautical mile ahead                  potential costs and benefits under                    outbound on the Savannah River and
                                                  and astern of the TUG THOMAS and                        section 6(a)(3) of Executive Order 12866              while moored at Georgia Ports
                                                  BARGE OCEANUS. During crane                             or under section 1 of Executive Order                 Authority. This safety zone will not
                                                  loading operations no vessel may pass                   13563. The Office of Management and                   have a significant economic impact on
                                                  TUG THOMAS and BARGE OCEANUS                            Budget has not reviewed it under those                a substantial number of small entities
                                                  unless authorized by the COTP                           Orders.                                               for the following reasons: (1) The COTP
                                                  Savannah or designated representative                      The economic impact of this rule is                Savannah may consider granting vessels
                                                  and during the vessel’s outbound                        not significant for the following reasons:            permission to enter into the moving and
                                                  transit, no other vessel may meet, pass,                This safety zone will only be enforced                fixed safety zone if conditions allow for
                                                  or overtake the TUG THOMAS and                          during times of loading operations and                such transit to be conducted safely, and
                                                  BARGE OCEANUS, unless authorized                        the outbound transit of the TUG                       (2) the Coast Guard will issue a
                                                  by the COTP Savannah or a designated                    THOMAS and BARGE OCEANUS on                           broadcast notice to mariners informing
                                                  representative.                                         the Savannah River. Once the TUG                      the public of the safety zone.
                                                     Entry into the safety zone is                        THOMAS and BARGE OCEANUS have
                                                  prohibited for all vessels unless                       exited the Savannah River, the safety                 3. Assistance for Small Entities
                                                  specifically authorized by the COTP                     zone will be terminated. The transit of                  Under section 213(a) of the Small
                                                  Savannah or a designated                                the TUG THOMAS and BARGE                              Business Regulatory Enforcement
                                                  representative. U.S. Coast Guard assets                 OCEANUS is expected to take six to                    Fairness Act of 1996 (Pub. L. 104–121),
                                                  or designated representatives will                      eight hours.                                          we want to assist small entities in
                                                  enforce this safety zone, and coordinate                   The Coast Guard has notified the                   understanding this rule. If the rule
                                                  vessel movements into the zone when                     Georgia Ports Authority and Savannah                  would affect your small business,
                                                  safe to minimize the zone’s impact on                   Pilots Association of the needs,
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                                                                                                                                                                organization, or governmental
                                                  vessel movements. Persons or vessels                    conditions, and effective dates and                   jurisdiction and you have questions
                                                  desiring to enter, transit through, anchor              times of the safety zone so that they may             concerning its provisions or options for
                                                  in, or remain within the safety zone may                schedule arriving and departing vessels               compliance, please contact the person
                                                  contact the Captain of the Port                         that may be affected by this safety zone              listed in the FOR FURTHER INFORMATION
                                                  Savannah by telephone at (912) 652–                     to minimize shipping delays. The                      CONTACT section above.
                                                  4353, or a designated representative via                presence of other moored vessels is not                  Small businesses may send comments
                                                  VHF radio on channel 16, to request                     expected to impede the safe loading and               on the actions of Federal employees


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                                                                     Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations                                          30363

                                                  who enforce, or otherwise determine                     9. Civil Justice Reform                               List of Subjects in 33 CFR Part 165
                                                  compliance with, Federal regulations to                    This rule meets applicable standards                 Harbors, Marine safety, Navigation
                                                  the Small Business and Agriculture                      in sections 3(a) and 3(b)(2) of Executive             (water), Reporting and recordkeeping
                                                  Regulatory Enforcement Ombudsman                        Order 12988, Civil Justice Reform, to                 requirements, Security measures,
                                                  and the Regional Small Business                         minimize litigation, eliminate                        Waterways.
                                                  Regulatory Fairness Boards. The                         ambiguity, and reduce burden.
                                                  Ombudsman evaluates these actions                                                                               For the reasons discussed in the
                                                  annually and rates each agency’s                        10. Protection of Children                            preamble, the Coast Guard amends 33
                                                  responsiveness to small business. If you                  We have analyzed this rule under                    CFR part 165 as follows:
                                                  wish to comment on actions by                           Executive Order 13045, Protection of                  PART 165—REGULATED NAVIGATION
                                                  employees of the Coast Guard, call 1–                   Children from Environmental Health                    AREAS AND LIMITED ACCESS AREAS
                                                  888–REG–FAIR (1–888–734–3247). The                      Risks and Safety Risks. This rule is not
                                                  Coast Guard will not retaliate against                  an economically significant rule and                  ■ 1. The authority citation for part 165
                                                  small entities that question or complain                does not create an environmental risk to              continues to read as follows:
                                                  about this rule or any policy or action                 health or risk to safety that may
                                                                                                                                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  of the Coast Guard.                                     disproportionately affect children.                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  4. Collection of Information                            11. Indian Tribal Governments                         Department of Homeland Security Delegation
                                                                                                                                                                No. 0170.1.
                                                     This rule will not call for a new                       This rule does not have tribal
                                                  collection of information under the                     implications under Executive Order                    ■ 2. Add a temporary § 165.T07–0280 to
                                                  Paperwork Reduction Act of 1995 (44                     13175, Consultation and Coordination                  read as follows:
                                                  U.S.C. 3501–3520).                                      with Indian Tribal Governments,
                                                                                                                                                                § 165.T07–0280 Safety Zone; STS Crane
                                                                                                          because it does not have a substantial                Loading and Outbound Transit of TUG
                                                  5. Federalism
                                                                                                          direct effect on one or more Indian                   THOMAS and BARGE OCEANUS, Savannah
                                                     A rule has implications for federalism               tribes, on the relationship between the               River, Savannah, GA.
                                                  under Executive Order 13132,                            Federal Government and Indian tribes,                    (a) Regulated area. The fixed safety
                                                  Federalism, if it has a substantial direct              or on the distribution of power and                   zone will be centered on TUG THOMAS
                                                  effect on the States, on the relationship               responsibilities between the Federal                  and BARGE OCEANUS while moored
                                                  between the national government and                     Government and Indian tribes.                         and conducting loading operations,
                                                  the States, or on the distribution of
                                                                                                          12. Energy Effects                                    extending 500 yards in all directions.
                                                  power and responsibilities among the
                                                                                                            This action is not a ‘‘significant                  The moving safety zone will cover all
                                                  various levels of government. We have
                                                                                                          energy action’’ under Executive Order                 waters of the Savannah River one
                                                  analyzed this rule under that Order and
                                                                                                          13211, Actions Concerning Regulations                 nautical mile ahead and astern of the
                                                  determined that this rule does not have
                                                                                                          That Significantly Affect Energy Supply,              TUG THOMAS and BARGE OCEANUS
                                                  implications for federalism.
                                                                                                          Distribution, or Use.                                 while transiting outbound with the ship
                                                  6. Protest Activities                                                                                         to shore (STS) cranes onboard.
                                                     The Coast Guard respects the First                   13. Technical Standards                                  (b) Definition. The term ‘‘designated
                                                  Amendment rights of protesters.                           This rule does not use technical                    representative’’ means Coast Guard
                                                  Protesters are asked to contact the                     standards. Therefore, we did not                      Patrol Commanders, including Coast
                                                  person listed in the FOR FURTHER                        consider the use of voluntary consensus               Guard coxswains, petty officers, and
                                                  INFORMATION CONTACT section to                          standards.                                            other officers operating Coast Guard
                                                  coordinate protest activities so that your                                                                    vessels, and Federal, state, and local
                                                                                                          14. Environment                                       officers designated by or assisting the
                                                  message can be received without
                                                  jeopardizing the safety or security of                     We have analyzed this rule under                   Captain of the Port Savannah in the
                                                  people, places or vessels.                              Department of Homeland Security                       enforcement of the regulated area.
                                                                                                          Management Directive 023–01 and                          (c) Regulations. (1) All persons and
                                                  7. Unfunded Mandates Reform Act                         Commandant Instruction M16475.lD,                     vessels are prohibited from entering,
                                                     The Unfunded Mandates Reform Act                     which guide the Coast Guard in                        transiting through, anchoring in, or
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   complying with the National                           remaining within the safety zones
                                                  Federal agencies to assess the effects of               Environmental Policy Act of 1969                      unless authorized by the Captain of the
                                                  their discretionary regulatory actions. In              (NEPA) (42 U.S.C. 4321–4370f), and                    Port Savannah or a designated
                                                  particular, the Act addresses actions                   have determined that this action is one               representative.
                                                  that may result in the expenditure by a                 of a category of actions that do not                     (2) Persons or vessels desiring to
                                                  State, local, or tribal government, in the              individually or cumulatively have a                   enter, transit through, anchor in, or
                                                  aggregate, or by the private sector of                  significant effect on the human                       remain within the safety zones may
                                                  $100,000,000 (adjusted for inflation) or                environment. This rule involves the                   contact the Captain of the Port
                                                  more in any one year. Though this rule                  creation of a temporary safety zone. This             Savannah by telephone at (912) 652–
                                                  will not result in such an expenditure,                 rule is categorically excluded, under                 4353, or a designated representative via
                                                  we do discuss the effects of this rule                  figure 2–1, paragraph (34)(g), of the                 VHF radio on channel 16, to request
                                                  elsewhere in this preamble.                             Instruction. An environmental analysis                authorization. If authorization to enter,
                                                                                                          checklist supporting this determination               transit through, anchor in, or remain
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                                                  8. Taking of Private Property                           and a Categorical Exclusion                           within the safety zone is granted by the
                                                     This rule will not cause a taking of                 Determination are available in the                    Captain of the Port Savannah or a
                                                  private property or otherwise have                      docket where indicated under                          designated representative, all persons
                                                  taking implications under Executive                     ADDRESSES. We seek any comments or                    and vessels receiving such authorization
                                                  Order 12630, Governmental Actions and                   information that may lead to the                      must comply with the instructions of
                                                  Interference with Constitutionally                      discovery of a significant environmental              the Captain of the Port Savannah or a
                                                  Protected Property Rights.                              impact from this rule.                                designated representative.


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                                                  30364              Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations

                                                     (3) The Coast Guard will provide                     Mahmoud-Davis, Trial Attorney, Office                 1996, Public Law 104–134, 110 Stat.
                                                  notice of the regulated areas by                        of Chief Counsel, FRA, 1200 New Jersey                1321–373, April 26, 1996. Currently, the
                                                  Broadcast Notice to Mariners and on-                    Avenue SE., Mail Stop 10, Washington,                 minimum penalty is $650, the ordinary
                                                  scene designated representatives.                       DC 20590 (telephone: 202–366–1118),                   maximum civil penalty is $25,000; and
                                                     (e) Effective period. This rule is                   sara.mahmoud-davis@dot.gov.                           the aggravated maximum civil penalty is
                                                  effective on April 21, 2015 through May                 SUPPLEMENTARY INFORMATION: FRA is                     $105,000. See, e.g., 73 FR 76704, Dec.
                                                  31, 2015. This rule will be enforced                    revising the penalty schedule at                      30, 2008; 77 FR 24422, Apr. 24, 2012.
                                                  when STS operations commence until                      appendix A to 49 CFR part 234 to add                  As provided for in footnote 1 to
                                                  TUG THOMAS and BARGE OCEANUS                            recommended civil penalty amounts for                 appendix A, the Administrator
                                                  depart the Savannah River.                              violations of specific requirements                   specifically reserves the authority to
                                                    Dated: May 14, 2015.                                  contained in subpart E, Emergency                     assess the maximum penalty of
                                                  A.M. Beach,                                             Notification Systems [ENS] for                        $105,000 for any specific violation if the
                                                                                                          Telephonic Reporting of Unsafe                        circumstances of the particular violation
                                                  Commander, U.S. Coast Guard, Captain of
                                                  the Port Savannah.                                      Conditions at Highway-Rail and                        warrant.
                                                                                                          Pathway Grade Crossings. (See FRA’s                     After FRA issues a civil penalty
                                                  [FR Doc. 2015–12637 Filed 5–27–15; 8:45 am]
                                                                                                          final rule published on June 12, 2012,                against an entity, FRA may adjust or
                                                  BILLING CODE 9110–04–P
                                                                                                          77 FR 35164; March 15, 2013, 78 FR                    compromise the amount of the civil
                                                                                                          16414.) The recommended civil                         penalty based on a wide variety of
                                                                                                          penalties are for violations related to the           mitigating factors, which include: (1)
                                                  DEPARTMENT OF TRANSPORTATION                            various requirements of an ENS, which                 The nature, circumstances, extent, and
                                                                                                          includes the: (1) Sign(s) placed at the               gravity of the violation; (2) with respect
                                                  Federal Railroad Administration                         grade crossing that display the                       to the entity, the degree of culpability,
                                                  [Docket No. FRA–2009–0041–N–4]                          information necessary for the public to               any history of violations, the ability to
                                                                                                          report an unsafe condition to the                     pay, and any effect on the ability to
                                                  49 CFR Part 234                                         appropriate railroad; (2) method the                  continue to do business; and (3) other
                                                                                                          railroad uses to receive and process a                matters that justice requires. 49 U.S.C.
                                                  RIN 2130–AC50                                           telephone call reporting the unsafe                   21301(a)(3).
                                                                                                          condition; (3) remedial action the
                                                  Systems for Telephonic Notification of                                                                          FRA’s revision of appendix A is a
                                                                                                          appropriate railroad or railroads take to
                                                  Unsafe Conditions at Highway-Rail and                                                                         general statement of policy under 5
                                                                                                          address the report of the unsafe
                                                  Pathway Grade Crossings                                                                                       U.S.C. 553(b)(3)(A). Consequently,
                                                                                                          conditions; and (4) recordkeeping
                                                                                                          conducted by the railroad(s).                         notice and an opportunity for comment
                                                  AGENCY:  Federal Railroad
                                                                                                             Under authority delegated from the                 are not required, and this amendment is
                                                  Administration (FRA), Department of
                                                                                                          Secretary of Transportation, FRA adds                 made effective upon publication.
                                                  Transportation (DOT).
                                                  ACTION: Final rule.                                     these recommended penalty amounts to                  List of Subjects in 49 CFR Part 234
                                                                                                          the penalty schedule consistent with the
                                                  SUMMARY:   The purpose of this document                 requirements of 49 U.S.C. 21301(a)(2),                  Highway safety, Penalties, Railroad
                                                  is to update the current schedule of civil              which provides, in pertinent part, that:              safety, Reporting and recordkeeping
                                                  penalties for violations of FRA’s grade                 [t]he Secretary of Transportation shall
                                                                                                                                                                requirements, State and local
                                                  crossing safety regulations by adding                   include in, or make applicable to, each               governments.
                                                  recommended civil penalty amounts for                   regulation prescribed . . . under chapter 201           In consideration of the foregoing, FRA
                                                  violations of specific requirements                     of this title a civil penalty for a violation.
                                                                                                                                                                amends part 234 of chapter II, subtitle
                                                  contained in a recently added subpart.                  * * * The amount of the penalty shall be at
                                                                                                          least $500 but not more than $25,000.                 B of title 49, Code of Federal
                                                  That subpart prescribes requirements                                                                          Regulations as follows:
                                                  that certain railroads establish                        However, when a grossly negligent violation
                                                                                                          or a pattern of repeated violations has caused
                                                  emergency notification systems (ENS)                                                                          PART 234—GRADE CROSSING
                                                                                                          an imminent hazard of death or injury to
                                                  for receiving toll-free telephone calls                 individuals, or has caused death or injury,           SAFETY
                                                  reporting various unsafe conditions at                  the amount may be not more than $100,000.
                                                  highway-rail grade crossings and                                                                              ■ 1. The authority citation for part 234
                                                  pathway grade crossings, and for taking                 See delegation from the Secretary to the
                                                                                                          Administrator of FRA at 49 CFR 1.89(a).               continues to read as follows:
                                                  certain actions in response to those
                                                  calls.                                                    Under the separate authority of the                   Authority: 49 U.S.C. 20103, 20107, 20152,
                                                                                                          Federal Civil Penalties Inflation                     20160, 21301, 21304, 21311, 22501 note; Pub.
                                                  DATES:   Effective May 28, 2015.                        Adjustment Act of 1990 as amended,                    L. 110–432, Div. A., Sec. 202; 28 U.S.C. 2461,
                                                  FOR FURTHER INFORMATION CONTACT:    Beth                FRA has periodically adjusted for                     note; and 49 CFR 1.89.
                                                  Crawford, Transportation Specialist,                    inflation the amounts of the minimum,                 ■ 2. Amend appendix A to part 234 by:
                                                  Grade Crossing Safety and Trespass                      ordinary maximum, and aggravated
                                                                                                                                                                ■ a. Adding, after the end of the entry
                                                  Prevention, Office of Safety Analysis,                  maximum civil penalties for a violation
                                                                                                                                                                for subpart D, an entry for subpart E;
                                                  FRA, 1200 New Jersey Avenue SE., Mail                   of this part. Public Law 101–410, 104
                                                  Stop 25, Washington, DC 20590                           Stat. 890, 28 U.S.C. 2461, note, as                   ■ b. Revising footnote 1; and
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                                                  (telephone: 202–493–6288),                              amended by Section 31001(s)(1) of the                 ■ c. Adding footnotes 2, 3, 4, 5, 6, and
                                                  beth.crawford@dot.gov; or Sara                          Debt Collection Improvement Act of                    7, to read as follows:




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Document Created: 2018-02-21 10:33:34
Document Modified: 2018-02-21 10:33:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from May 28, 2015 until 11:59 p.m., July 1, 2015. For the purposes of enforcement, actual notice will be used from May 14, 2015 until May 28, 2015.
ContactIf 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 [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 30361 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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