[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41911-41913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17316]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0368]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach,
NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Intracoastal Waterway at Wrightsville Beach,
North Carolina. The safety zone will temporarily restrict vessel
movement commencing Sept 1, 2012. The safety zone is necessary to
provide for the safety of mariners on navigable waters during
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina.
DATES: This rule is effective from September 1, 2012 until May 1, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0368]. To view documents mentioned in this preamble as being
available in the docket, go to http://
[[Page 41912]]
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 CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone 252-247-4525, email [email protected]. If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, 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
On May 23, 2012 a Notice of Proposed Rule Making (NPRM) was
published in the Federal Register (77 FR 30445). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
North Carolina Department of Transportation has awarded a contract
to American Bridge Company of Coraopolis, PA to perform bridge
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina. The contract provides for cleaning, painting, steel repair,
and grid floor replacement to commence on September 1, 2012 with a
completion date of May 1, 2013. The contractor will utilize a 40 foot
deck barge with a 40 foot beam as a work platform and for equipment
staging. This safety zone will provide a safety buffer to transiting
vessels as bridge repairs present potential hazards to mariners and
property due to reduced horizontal clearance. During this period the
Coast Guard will require a one hour notification to the U.S. 74/76
Bascule Bridge tender at the Atlantic Intracoastal Waterway crossing,
mile 283.1, Wrightsville Beach, North Carolina. The bridge notification
requirement will apply during the maintenance period for vessels
requiring a horizontal clearance of greater than 50 feet.
C. Discussion of Comments, Changes and the Final Rule
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
The temporary safety zone will encompass the waters directly under
and 100 yards either side of the U.S. 74/76 Bascule Bridge crossing the
Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach,
North Carolina (34[deg]13'07'' N, 077[deg]48'46'' W). All vessels
transiting this section of the waterway requiring a horizontal
clearance of greater than 50 feet will be required to make a one hour
advanced notification to the U.S. 74/76 Bascule Bridge tender while the
safety zone is in effect. This zone will be in effect from 8 a.m.
September 1, 2012 through 8 p.m. May 1, 2013
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or 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. This rule does not
restrict traffic from transiting a portion of the Atlantic Intracoastal
Waterway, it imposes a one hour notification to ensure the waterway is
clear of impediment to allow passage to vessels requiring a horizontal
clearance of greater than 50 feet.
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 Coast Guard
received no comments from the Small Business Administration on this
rule. 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 would affect the following entities, some of
which may be small entities: The owners or operators of commercial tug
and barge companies, recreational and commercial fishing vessels
intending to transit the specified portion of Atlantic Intracoastal
Waterway from 8 a.m. September 1, 2012 through 8 p.m. May 1, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities. Before the effective period, the
Coast Guard will issue maritime advisories widely available to the
users of the waterway. In addition, vessel traffic will be able to
request passage by providing a one hour advanced notification.
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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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
[[Page 41913]]
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 establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T05-0368 to read as follows:
Sec. 165.T05-0368 Safety Zone; Atlantic Intracoastal Waterway,
Wrightsville Beach, NC.
(a) Regulated Area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the
U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway,
mile 283.1, at Wrightsville Beach, North Carolina (34[deg]13'07'' N/
077[deg]48'46'' W).
(b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05-0368. In addition the following regulations apply:
(1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port North
Carolina.
(2) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the U.S. 74/76 Bascule Bridge crossing the
Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach,
North Carolina must contact the bridge tender on VHF-FM marine band
radio channels 13 and 16 one hour in advance of intended transit.
(3) Persons or vessels requiring entry into or passage within the
zone must request authorization from the Captain of the Port North
Carolina or his designated representative by telephone at (910) 343-
3882 or on VHF-FM marine band radio channel 16.
(4) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(5) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(c) Definitions. (1) Captain of the Port North Carolina means the
Commander, Coast Guard Sector North Carolina or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from 8 a.m.
September 1, 2012 through 8 p.m. May 1, 2013 unless cancelled earlier
by the Captain of the Port.
Dated: June 29, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-17316 Filed 7-16-12; 8:45 am]
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