[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Rules and Regulations]
[Pages 65782-65783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28058]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP SAVANNAH-00-098]
RIN 2115-AA97


Safety Zone Regulations: Savannah, GA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
starting at the Southern Natural Gas dock at Elba Island (N32.05.48, 
W080.59.48) and extending outward in a 100 yard radius into the 
Savannah River. This safety zone is necessary to protect boaters from 
the hazards associated with the compromised structural integrity of the 
Southern Natural Gas dock at Elba Island.

EFFECTIVE DATES: This regulation becomes effective at 8:50 p.m. on 
September 21, 2000 and will remain in effect until 11:30 p.m. on 
November 15, 2000.

FOR FURTHER INFORMATION CONTACT: LTJG Peter Simonds, Coast Guard Marine 
Safety Office Savannah, at (912) 652-4353.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM would be 
contrary to the public interest since immediate action is needed to 
protect boaters from hazards associated with the compromised structural 
integrity of the Southern Natural Gas dock at Elba Island. The Coast 
Guard received notice of this compromised structural integrity of the 
facility on September 21, 2000 and the safety zone becomes effective on 
September 21, 2000.
    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 its effective date would 
be contrary to the public interest since immediate action is needed to 
protect boaters from hazards associated with the compromised structural 
integrity of the Southern Natural Gas dock at Elba Island. The Coast 
Guard received notice of compromised structural integrity of the 
Southern Natural Gas dock at Elba Island on September 21, 2000 and the 
safety zone becomes effective on September 21, 2000.

Background and Purpose

    This regulation is necessary to protect boaters from the hazards 
associated with Compromised structural integrity of the Southern 
Natural Gas dock at Elba Island. All vessels are prohibited from 
anchoring or transiting restricted waters and channels unless 
specifically authorized by the Captain of the Port Savannah, GA. This 
regulation does not apply to authorized law enforcement or search and 
rescue vessels operating within the safety zone. The Captain of the 
Port Savannah, GA will issue a Marine Safety Information Broadcast 
Notice to Mariners (BNTM) to notify the marine community of the safety 
zone and the imposed restrictions.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. The 
Office of Management and Budget has not reviewed it under that order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979). This rule will only be in effect in a limited area.

[[Page 65783]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic effect 
upon a substantial number of small entities. 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 section 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities as it will only effect a limited area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal Regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

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

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

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-098 is added to read as follows:


Sec. 165.T07-098  Safety Zone; Savannah, GA.

    (a) Regulated Area: A temporary fixed safety zone is established 
within the area outlined by a 100 yard radius extending from the 
Southern Natural Gas dock at Elba Island (32 deg.05'24"N, 
80 deg.59'48"W). All coordinates referenced use NAD 83.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, all vessels are prohibited from anchoring or 
transiting in the safety zone unless specifically authorized by the 
Captain of the Port Savannah, GA.
    (c) Dates. This regulation becomes effective at 8:50 p.m. on 
September 21, 2000 and will remain in effect until 11:30 p.m. on 
November 15, 2000.

    Dated: September 21, 2000.
J.L. McDonald,
U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 00-28058 Filed 11-1-00; 8:45 am]
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