82_FR_56796 82 FR 56568 - Safety Zone, Savannah River, Savannah, GA

82 FR 56568 - Safety Zone, Savannah River, Savannah, GA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 228 (November 29, 2017)

Page Range56568-56570
FR Document2017-25751

The Coast Guard is establishing a temporary safety zone for navigable waters around the M/V SWAN during its transit from the Savannah River entry point to Garden City Terminal in Savannah, GA and during cargo operations. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the transport and offloading of oversized cranes. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Savannah or a designated representative.

Federal Register, Volume 82 Issue 228 (Wednesday, November 29, 2017)
[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56568-56570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25751]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0977]
RIN 1625-AA00


Safety Zone, Savannah River, Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters around the M/V SWAN during its transit from the 
Savannah River entry point to Garden City Terminal in Savannah, GA and 
during cargo operations. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the transport and offloading of oversized cranes. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Savannah or a designated 
representative.

DATES: This rule is effective without actual notice from November 29, 
2017, through December 2, 2017. For the purposes of enforcement, actual 
notice

[[Page 56569]]

will be used from November 21, 2017, through November 29, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0977 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Adam White, Marine Safety Unit Savannah Office of 
Waterways Management, Coast Guard; telephone 912-652-4353, extension 
233, or email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. Immediate action is needed to respond 
to the potential safety hazards created by the transport and offloading 
of oversized cranes. The Coast Guard received information on October 
12, 2017 regarding the operations beginning on November 21, 2017. The 
operation would begin before the rulemaking process would be completed. 
Because of the dangers posed by the cranes, the safety zone is 
necessary to provide for the safety of persons, vessels, and the marine 
environment in the event area. Therefore, it is impracticable and 
contrary to the public interest to delay promulgating this rule, as it 
is necessary to protect the safety of waterway users.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the transport 
and offloading of oversized cranes.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Savannah has determined that potential hazards 
associated with the transport and offloading of oversized cranes 
starting November 21, 2017, will be a safety concern for anyone on the 
Savannah River from the Savannah River entry point to Garden City 
Terminal in Savannah, GA. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone during the M/V SWAN transit and cargo operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from November 21, 2017 through 
December 2, 2017. The safety zone will cover all navigable waters 
within 500 yards of the M/V SWAN during cargo operations, and 1 mile 
ahead and astern of the M/V SWAN during inbound transit. The duration 
of the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during transit and cargo 
operations. No vessel or person will be permitted to enter, transit 
through, anchor in, or remain within the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
is only in effect within a small area around the M/V SWAN and only for 
less than two weeks during operations. Vessels and persons seeking to 
enter, transit through, anchor in, or remain within the regulated area 
may seek authority from the COTP or a designated representative. The 
Coast Guard will provide notification of the regulated area to the 
local maritime community by Local Notice to Mariners, Broadcast Notice 
to Mariners via VHF-FM marine channel 16, and Marine Safety Security 
Bulletin release.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain

[[Page 56570]]

about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting only during inbound transit and 
cargo operations of the M/V SWAN. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  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 Delegations 
No. 0170.1.

0
2. Add Sec.  165.T07-0977 to read as follows:


Sec.  165.T07-0977   Safety Zone; Crane Transit and Unloading from M/V 
SWAN, Savannah River, Savannah, GA.

    (a) Regulated area. The following areas are established as safety 
zones:
    (1) All waters of the Savannah River within one nautical mile ahead 
and astern of the M/V SWAN as it transits from the Savannah River 
entrance to Garden City Terminal.
    (2) All waters within a 500-yard radius around the M/V SWAN while 
conducting cargo operations at Garden City Terminal.
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels or aircraft, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP) Savannah in 
the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area of the safety zone unless authorized by the COTP 
Savannah or a designated representative.
    (2) Persons or vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact COTP Savannah by 
telephone at (912) 652-4353, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization to 
enter, transit through, anchor in, or remain within the regulated area 
is granted by the COTP Savannah or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, Marine Safety 
Security Bulletins, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced from November 
21, 2017 through December 2, 2017.

    Dated: November 17, 2017.
Norm C. Witt,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2017-25751 Filed 11-28-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             56568        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             with Indian Tribal Governments,                           For the reasons discussed in the                    to detonation, as well as a countdown
                                             because it does not have a substantial                  preamble, the Coast Guard amends 33                   to detonation on VHF–FM Channel 16.
                                             direct effect on one or more Indian                     CFR part 165 as follows:                                (4) After every explosive detonation a
                                             tribes, on the relationship between the                                                                       survey will be conducted by the
                                             Federal Government and Indian tribes,                   PART 165—REGULATED NAVIGATION                         dredging contractor to ensure the
                                             or on the distribution of power and                     AREAS AND LIMITED ACCESS AREAS                        navigational channel is clear for vessels
                                             responsibilities between the Federal                                                                          to transit. The drill boat APACHE will
                                             Government and Indian tribes. If you                    ■ 1. The authority citation for part 165              broadcast, via VHF–FM channel 13 and
                                             believe this rule has implications for                  continues to read as follows:                         16, when the survey has been completed
                                             federalism or Indian tribes, please                       Authority: 33 U.S.C 1231; 50 U.S.C. 191;            and the channel is clear to transit.
                                             contact the person listed in the FOR                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Vessels requesting to transit through the
                                             FURTHER INFORMATION CONTACT section.                    Department of Homeland Security Delegation            safety zone shall proceed as directed by
                                                                                                     No. 0170.1.                                           the Captain of the Port and contact the
                                             E. Unfunded Mandates Reform Act
                                                                                                     ■ 2. Add § 165.T05–0935 to read as                    drill boat APACHE on VHF–FM channel
                                               The Unfunded Mandates Reform Act                      follows:                                              13 to make safe passing arrangements.
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                           (d) Enforcement. The U.S. Coast
                                             Federal agencies to assess the effects of               § 165.T05–0935 Safety Zone, Delaware                  Guard may be assisted by federal, state
                                             their discretionary regulatory actions. In              River; Marcus Hook, PA.                               and local agencies in the patrol and
                                             particular, the Act addresses actions                      (a) Location. The following area is a              enforcement of the zone.
                                             that may result in the expenditure by a                 safety zone: all the navigable waters of                (e) Enforcement period. This rule will
                                             State, local, or tribal government, in the              the Delaware River within 500 yards of                be enforced from November 30, 2017,
                                             aggregate, or by the private sector of                  vessels and machinery performing rock                 through March 15, 2018, unless
                                             $100,000,000 (adjusted for inflation) or                blasting, rock removal, and dredging                  cancelled earlier by the Captain of the
                                             more in any one year. Though this rule                  operations, between Marcus Hook Range                 Port.
                                             will not result in such an expenditure,                 and Tinicum Range.                                      Dated: November 22, 2017.
                                             we do discuss the effects of this rule                     (b) Definitions. As used in this
                                             elsewhere in this preamble.                                                                                   Scott E. Anderson,
                                                                                                     section, designated representative
                                                                                                                                                           Captain, U.S. Coast Guard, Captain of the
                                             F. Environment                                          means any Coast Guard commissioned,                   Port, Delaware Bay.
                                                                                                     warrant, or petty officer who has been
                                                We have analyzed this rule under                     authorized by the Captain of the Port to
                                                                                                                                                           [FR Doc. 2017–25749 Filed 11–28–17; 8:45 am]
                                             Department of Homeland Security                         assist with enforcement of the safety                 BILLING CODE 9110–04–P
                                             Management Directive 023–01 and                         zone described in paragraph (a) of this
                                             Commandant Instruction M16475.lD,                       section.
                                             which guide the Coast Guard in                                                                                DEPARTMENT OF HOMELAND
                                                                                                        (c) Regulations. (1) Vessels wishing to            SECURITY
                                             complying with the National
                                                                                                     transit the safety zone in the main
                                             Environmental Policy Act of 1969 (42
                                                                                                     navigational channel may do so if they                Coast Guard
                                             U.S.C. 4321–4370f), and have
                                                                                                     can make satisfactory passing
                                             determined that this action is one of a
                                                                                                     arrangements with the drill boat                      33 CFR Part 165
                                             category of actions that do not
                                                                                                     APACHE or the dredges TEXAS and
                                             individually or cumulatively have a                                                                           [Docket Number USCG–2017–0977]
                                                                                                     NEW YORK, as applicable, in
                                             significant effect on the human
                                                                                                     accordance with the Navigational Rules
                                             environment. This rule involves a safety                                                                      RIN 1625–AA00
                                                                                                     in 33 CFR subchapter E via VHF–FM
                                             zone to protect waterway users that
                                                                                                     channel 13 at least 30 minutes prior to               Safety Zone, Savannah River,
                                             would prohibit entry within 500 yards
                                                                                                     arrival. If vessels are unable to make                Savannah, GA
                                             of rock blasting, dredging, and rock
                                                                                                     satisfactory passing arrangements with
                                             removal. It is categorically excluded
                                                                                                     the drill boat APACHE or the dredges                  AGENCY:    Coast Guard, DHS.
                                             from further review under paragraph
                                                                                                     TEXAS and NEW YORK, they may                          ACTION:   Temporary final rule.
                                             34(g) of Figure 2–1 of the Commandant
                                                                                                     request permission from the Captain of
                                             Instruction. A Record of Environmental                                                                        SUMMARY:   The Coast Guard is
                                                                                                     the Port, or his designated
                                             Consideration supporting this                                                                                 establishing a temporary safety zone for
                                                                                                     representative, on VHF–FM channel 16.
                                             determination is available in the docket                                                                      navigable waters around the M/V
                                                                                                        (2) The operator of any vessel
                                             where indicated under ADDRESSES.                                                                              SWAN during its transit from the
                                                                                                     requesting to transit through the safety
                                             G. Protest Activities                                   zone shall proceed as directed by the                 Savannah River entry point to Garden
                                               The Coast Guard respects the First                    drill boat APACHE, the dredges TEXAS                  City Terminal in Savannah, GA and
                                             Amendment rights of protesters.                         and NEW YORK, or the designated                       during cargo operations. The safety zone
                                             Protesters are asked to contact the                     representative of the Captain of the Port             is needed to protect personnel, vessels,
                                             person listed in the FOR FURTHER                        and must operate at the minimum safe                  and the marine environment from
                                             INFORMATION CONTACT section to                          speed necessary to maintain steerage                  potential hazards created by the
                                             coordinate protest activities so that your              and reduce wake.                                      transport and offloading of oversized
                                             message can be received without                            (3) No vessels may transit through the             cranes. Entry of vessels or persons into
                                             jeopardizing the safety or security of                  safety zone during times of explosive                 this zone is prohibited unless
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                                             people, places or vessels.                              detonation. During explosive                          specifically authorized by the Captain of
                                                                                                     detonation, vessels will be required to               the Port (COTP) Savannah or a
                                             List of Subjects 33 CFR Part 165                        maintain a 500 yard distance from the                 designated representative.
                                               Harbors, Marine safety, Navigation                    drill boat APACHE. The drill boat                     DATES: This rule is effective without
                                             (water), Reporting and recordkeeping                    APACHE will make broadcasts, via                      actual notice from November 29, 2017,
                                             requirements, Security measures,                        VHF–FM Channel 13 and 16, at 15                       through December 2, 2017. For the
                                             Waterways.                                              minutes, 5 minutes, and 1 minute prior                purposes of enforcement, actual notice


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                                                          Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations                                        56569

                                             will be used from November 21, 2017,                    this rule would be impracticable                         This regulatory action determination
                                             through November 29, 2017.                              because immediate action is needed to                 is based on the size, location, duration,
                                             ADDRESSES: To view documents                            respond to the potential safety hazards               and time-of-day of the safety zone. The
                                             mentioned in this preamble as being                     associated with the transport and                     safety zone is only in effect within a
                                             available in the docket, go to http://                  offloading of oversized cranes.                       small area around the M/V SWAN and
                                             www.regulations.gov, type USCG–2017–                                                                          only for less than two weeks during
                                                                                                     III. Legal Authority and Need for Rule
                                             0977 in the ‘‘SEARCH’’ box and click                                                                          operations. Vessels and persons seeking
                                             ‘‘SEARCH.’’ Click on Open Docket                           The Coast Guard is issuing this rule               to enter, transit through, anchor in, or
                                             Folder on the line associated with this                 under authority in 33 U.S.C. 1231. The                remain within the regulated area may
                                             rule.                                                   COTP Savannah has determined that                     seek authority from the COTP or a
                                             FOR FURTHER INFORMATION CONTACT: If                     potential hazards associated with the                 designated representative. The Coast
                                             you have questions on this rule, call or                transport and offloading of oversized                 Guard will provide notification of the
                                             email MST2 Adam White, Marine Safety                    cranes starting November 21, 2017, will               regulated area to the local maritime
                                             Unit Savannah Office of Waterways                       be a safety concern for anyone on the                 community by Local Notice to Mariners,
                                             Management, Coast Guard; telephone                      Savannah River from the Savannah                      Broadcast Notice to Mariners via VHF–
                                             912–652–4353, extension 233, or email                   River entry point to Garden City                      FM marine channel 16, and Marine
                                             Adam.C.White@uscg.mil.                                  Terminal in Savannah, GA. This rule is                Safety Security Bulletin release.
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     needed to protect personnel, vessels,
                                                                                                                                                           B. Impact on Small Entities
                                                                                                     and the marine environment in the
                                             I. Table of Abbreviations                               navigable waters within the safety zone                  The Regulatory Flexibility Act of
                                                                                                     during the M/V SWAN transit and cargo                 1980, 5 U.S.C. 601–612, as amended,
                                             CFR Code of Federal Regulations
                                             DHS Department of Homeland Security                     operations.                                           requires Federal agencies to consider
                                             FR Federal Register                                                                                           the potential impact of regulations on
                                             NPRM Notice of proposed rulemaking
                                                                                                     IV. Discussion of the Rule                            small entities during rulemaking. The
                                             § Section                                                  This rule establishes a safety zone                term ‘‘small entities’’ comprises small
                                             U.S.C. United States Code                               from November 21, 2017 through                        businesses, not-for-profit organizations
                                             II. Background Information and                          December 2, 2017. The safety zone will                that are independently owned and
                                             Regulatory History                                      cover all navigable waters within 500                 operated and are not dominant in their
                                                                                                     yards of the M/V SWAN during cargo                    fields, and governmental jurisdictions
                                                The Coast Guard is issuing this                      operations, and 1 mile ahead and astern               with populations of less than 50,000.
                                             temporary rule without prior notice and                 of the M/V SWAN during inbound                        The Coast Guard certifies under 5 U.S.C.
                                             opportunity to comment pursuant to                      transit. The duration of the zone is                  605(b) that this rule will not have a
                                             authority under section 4(a) of the                     intended to protect personnel, vessels,               significant economic impact on a
                                             Administrative Procedure Act (APA) (5                   and the marine environment in these                   substantial number of small entities.
                                             U.S.C. 553(b)). This provision                          navigable waters during transit and                      While some owners or operators of
                                             authorizes an agency to issue a rule                    cargo operations. No vessel or person                 vessels intending to transit the safety
                                             without prior notice and opportunity to                 will be permitted to enter, transit                   zone may be small entities, for the
                                             comment when the agency for good                        through, anchor in, or remain within the              reasons stated in section V.A above, this
                                             cause finds that those procedures are                   safety zone without obtaining                         rule will not have a significant
                                             ‘‘impracticable, unnecessary, or contrary               permission from the COTP or a                         economic impact on any vessel owner
                                             to the public interest.’’ Under 5 U.S.C.                designated representative.                            or operator.
                                             553(b)(B), the Coast Guard finds that                                                                            Under section 213(a) of the Small
                                             good cause exists for not publishing a                  V. Regulatory Analyses                                Business Regulatory Enforcement
                                             notice of proposed rulemaking (NPRM)                      We developed this rule after                        Fairness Act of 1996 (Pub. L. 104–121),
                                             with respect to this rule because doing                 considering numerous statutes and                     we want to assist small entities in
                                             so would be impracticable and contrary                  Executive orders related to rulemaking.               understanding this rule. If the rule
                                             to the public interest. Immediate action                Below we summarize our analyses                       would affect your small business,
                                             is needed to respond to the potential                   based on a number of these statutes and               organization, or governmental
                                             safety hazards created by the transport                 Executive orders, and we discuss First                jurisdiction and you have questions
                                             and offloading of oversized cranes. The                 Amendment rights of protestors.                       concerning its provisions or options for
                                             Coast Guard received information on                                                                           compliance, please contact the person
                                             October 12, 2017 regarding the                          A. Regulatory Planning and Review                     listed in the FOR FURTHER INFORMATION
                                             operations beginning on November 21,                       Executive Orders 12866 and 13563                   CONTACT section.
                                             2017. The operation would begin before                  direct agencies to assess the costs and                  Small businesses may send comments
                                             the rulemaking process would be                         benefits of available regulatory                      on the actions of Federal employees
                                             completed. Because of the dangers                       alternatives and, if regulation is                    who enforce, or otherwise determine
                                             posed by the cranes, the safety zone is                 necessary, to select regulatory                       compliance with, Federal regulations to
                                             necessary to provide for the safety of                  approaches that maximize net benefits.                the Small Business and Agriculture
                                             persons, vessels, and the marine                        Executive Order 13771 directs agencies                Regulatory Enforcement Ombudsman
                                             environment in the event area.                          to control regulatory costs through a                 and the Regional Small Business
                                             Therefore, it is impracticable and                      budgeting process. This rule has not                  Regulatory Fairness Boards. The
                                             contrary to the public interest to delay                been designated a ‘‘significant                       Ombudsman evaluates these actions
pmangrum on DSK3GDR082PROD with RULES




                                             promulgating this rule, as it is necessary              regulatory action,’’ under Executive                  annually and rates each agency’s
                                             to protect the safety of waterway users.                Order 12866. Accordingly, this rule has               responsiveness to small business. If you
                                                Under 5 U.S.C. 553(d)(3), the Coast                  not been reviewed by the Office of                    wish to comment on actions by
                                             Guard finds that good cause exists for                  Management and Budget (OMB), and                      employees of the Coast Guard, call 1–
                                             making this rule effective less than 30                 pursuant to OMB guidance it is exempt                 888–REG–FAIR (1–888–734–3247). The
                                             days after publication in the Federal                   from the requirements of Executive                    Coast Guard will not retaliate against
                                             Register. Delaying the effective date of                Order 13771.                                          small entities that question or complain


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                                             56570        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             about this rule or any policy or action                 environment. This rule involves a safety              transiting through, anchoring in, or
                                             of the Coast Guard.                                     zone lasting only during inbound transit              remaining within the regulated area of
                                                                                                     and cargo operations of the M/V SWAN.                 the safety zone unless authorized by the
                                             C. Collection of Information
                                                                                                     It is categorically excluded from further             COTP Savannah or a designated
                                               This rule will not call for a new                     review under paragraph 34(g) of Figure                representative.
                                             collection of information under the                     2–1 of the Commandant Instruction. A                     (2) Persons or vessels desiring to
                                             Paperwork Reduction Act of 1995 (44                     Record of Environmental Consideration                 enter, transit through, anchor in, or
                                             U.S.C. 3501–3520).                                      supporting this determination is                      remain within the safety zone may
                                             D. Federalism and Indian Tribal                         available in the docket where indicated               contact COTP Savannah by telephone at
                                             Governments                                             under ADDRESSES.                                      (912) 652–4353, or a designated
                                                                                                                                                           representative via VHF radio on channel
                                                A rule has implications for federalism               G. Protest Activities
                                                                                                                                                           16, to request authorization. If
                                             under Executive Order 13132,                              The Coast Guard respects the First                  authorization to enter, transit through,
                                             Federalism, if it has a substantial direct              Amendment rights of protesters.                       anchor in, or remain within the
                                             effect on the States, on the relationship               Protesters are asked to contact the                   regulated area is granted by the COTP
                                             between the national government and                     person listed in the FOR FURTHER                      Savannah or a designated
                                             the States, or on the distribution of                   INFORMATION CONTACT section to                        representative, all persons and vessels
                                             power and responsibilities among the                    coordinate protest activities so that your            receiving such authorization must
                                             various levels of government. We have                   message can be received without                       comply with the instructions of the
                                             analyzed this rule under that Order and                 jeopardizing the safety or security of                COTP Savannah or a designated
                                             have determined that it is consistent                   people, places or vessels.                            representative.
                                             with the fundamental federalism                                                                                  (3) The Coast Guard will provide
                                             principles and preemption requirements                  List of Subjects in 33 CFR Part 165
                                                                                                                                                           notice of the regulated areas by Local
                                             described in Executive Order 13132.                       Harbors, Marine safety, Navigation                  Notice to Mariners, Broadcast Notice to
                                                Also, this rule does not have tribal                 (water), Reporting and recordkeeping                  Mariners, Marine Safety Security
                                             implications under Executive Order                      requirements, Security measures,                      Bulletins, and on-scene designated
                                             13175, Consultation and Coordination                    Waterways.                                            representatives.
                                             with Indian Tribal Governments,                           For the reasons discussed in the                       (d) Enforcement period. This rule will
                                             because it does not have a substantial                  preamble, the Coast Guard amends 33                   be enforced from November 21, 2017
                                             direct effect on one or more Indian                     CFR part 165 as follows:                              through December 2, 2017.
                                             tribes, on the relationship between the
                                             Federal Government and Indian tribes,                                                                           Dated: November 17, 2017.
                                                                                                     PART 165—REGULATED NAVIGATION
                                             or on the distribution of power and                     AREAS AND LIMITED ACCESS AREAS                        Norm C. Witt,
                                             responsibilities between the Federal                                                                          Commander, U.S. Coast Guard, Captain of
                                             Government and Indian tribes. If you                    ■ 1. The authority citation for part 165              the Port Savannah.
                                             believe this rule has implications for                  continues to read as follows:                         [FR Doc. 2017–25751 Filed 11–28–17; 8:45 am]
                                             federalism or Indian tribes, please                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           BILLING CODE 9110–04–P
                                             contact the person listed in the FOR                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             FURTHER INFORMATION CONTACT section                     Department of Homeland Security
                                             above.                                                  Delegations No. 0170.1.                               FEDERAL COMMUNICATIONS
                                             E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T07–0977 to read as                    COMMISSION
                                                                                                     follows:
                                               The Unfunded Mandates Reform Act                                                                            47 CFR Parts 1 and 69
                                             of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T07–0977 Safety Zone; Crane Transit
                                                                                                     and Unloading from M/V SWAN, Savannah                 [WC Docket Nos. 16–143, 05–25, GN Docket
                                             Federal agencies to assess the effects of
                                                                                                     River, Savannah, GA.                                  No. 13–5 and RM–10593; FCC 17–43]
                                             their discretionary regulatory actions. In
                                             particular, the Act addresses actions                      (a) Regulated area. The following                  Sunset Order; Access Charge Reform;
                                             that may result in the expenditure by a                 areas are established as safety zones:                Business Data Services
                                             State, local, or tribal government, in the                 (1) All waters of the Savannah River
                                             aggregate, or by the private sector of                  within one nautical mile ahead and                    AGENCY:   Federal Communications
                                             $100,000,000 (adjusted for inflation) or                astern of the M/V SWAN as it transits                 Commission.
                                             more in any one year. Though this rule                  from the Savannah River entrance to                   ACTION: Final rule; announcement of
                                             will not result in such an expenditure,                 Garden City Terminal.                                 effective date.
                                             we do discuss the effects of this rule                     (2) All waters within a 500-yard
                                             elsewhere in this preamble.                             radius around the M/V SWAN while                      SUMMARY:    In this document, the
                                                                                                     conducting cargo operations at Garden                 Commission announces that the Office
                                             F. Environment                                          City Terminal.                                        of Management and Budget (OMB) has
                                               We have analyzed this rule under                         (b) Definition. As used in this section,           approved, for a period of three years, an
                                             Department of Homeland Security                         ‘‘designated representative’’ means                   information collection associated with
                                             Management Directive 023–01 and                         Coast Guard Patrol Commanders,                        the Commission’s Business Data
                                             Commandant Instruction M16475.lD,                       including Coast Guard coxswains, petty                Services Report and Order, FCC 17–43,
                                             which guide the Coast Guard in                          officers, and other officers operating                which reformed the business data
pmangrum on DSK3GDR082PROD with RULES




                                             complying with the National                             Coast Guard vessels or aircraft, and                  services/special access regulations for
                                             Environmental Policy Act of 1969 (42                    federal, state, and local officers                    incumbent and competitive LECs. The
                                             U.S.C. 4321–4370f), and have                            designated by or assisting the Captain of             Commission’s reforms included
                                             determined that this action is one of a                 the Port (COTP) Savannah in the                       replacing the application-based pricing
                                             category of actions that do not                         enforcement of the regulated areas.                   flexibility rules with a new framework
                                             individually or cumulatively have a                        (c) Regulations. (1) All persons and               for determining the circumstances
                                             significant effect on the human                         vessels are prohibited from entering,                 under which business data services will


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Document Created: 2017-11-29 01:25:59
Document Modified: 2017-11-29 01:25:59
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 November 29, 2017, through December 2, 2017. For the purposes of enforcement, actual notice will be used from November 21, 2017, through November 29, 2017.
ContactIf you have questions on this rule, call or email MST2 Adam White, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone 912-652-4353, extension 233, or email [email protected]
FR Citation82 FR 56568 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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