[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Rules and Regulations]
[Pages 56772-56775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22634]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0518]
RIN 1625-AA00
Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa
Beach, FL
AGENCY: Coast Guard, DHS.
[[Page 56773]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay, Santa
Rosa Beach, FL. This action is necessary for the protection of persons
and vessels, on navigable waters, during the construction of a
subaqueous water main. Entry into or transiting in this zone will be
prohibited to all vessels, mariners, and persons unless specifically
authorized by the Captain of the Port Mobile or a designated
representative.
DATES: This rule is effective from September 14, 2012 to October 14,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0518. 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
temporary rule, call or email LT Lenell J. Carson, Sector Mobile,
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, 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
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number
A. Regulatory History and Information
The Coast Guard published a NPRM in the Federal Register on July
10, 2012 (77 FR 40541), providing proper notice and opportunity to
comment on this rule. No comments were received nor were there any
requests for a public meeting.
The Coast Guard is making this rule effective less than 30 days
after publication in the Federal Register pursuant to authority the
Administrative Procedure Act (APA) (5 U.S.C. 533(d)). This provision
authorizes an agency to make a rule effective less than 30 days after
publication in the Federal Register 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(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. This action is
necessary for the protection of persons and vessels, on navigable
waters, during the construction of a subaqueous water main that begun
in June 2012. It would be contrary to public interest to delay the
effective date of the rule.
B. Basis and Purpose
A 36'' subaqueous water main is being constructed across the
Choctawhatchee Bay to improve water system delivery. The water main
will cross the GICW, a federally maintained navigable channel.
Construction of the water main and the required use of turbidity silt
curtains pose significant safety hazards to both vessels and mariners
operating in or near the GICW. The COTP Mobile is establishing a
temporary safety zone for a portion of GICW in Choctawhatchee Bay,
Santa Rosa Beach, FL. This temporary safety zone is deemed necessary to
protect persons and vessels during construction of the water main
across the GICW. The legal basis and authorities for this rule are
found in 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, and 160.5; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to propose,
establish, and define regulatory safety zones.
The COTP anticipates some impact on vessel traffic due to this
regulation. However, the temporary safety zone is deemed necessary for
the protection of life and property within the COTP Mobile zone.
C. Discussion of Comments, Changes and the Temporary Final Rule
There were no comments received by the Coast Guard during the NPRM
process; however the regulatory text for this rule has been amended
reflecting an updated effective period and anticipated closure times
for the safety zone. The original effective date of August 1, 2012 to
September 30, 2012 has been amended to read; September 14, 2012 to
October 14, 2012. This amendment is necessary to reflect changes in the
project's timeline. Also the regulatory text ``during daylight hours''
is being removed and amended to reflect more accurate closure times for
the safety zone.
The Coast Guard is establishing a temporary safety zone for a
portion of the GICW in Choctawhatchee Bay from the Highway 331 fixed
bridge west to the Red Nun Buoy ``26'' (LLNR 31510), to include the
entire width of the channel. This rule will protect the safety of life
and property in this area. Entry into or transiting in this zone will
be prohibited to all vessels, mariners, and persons unless specifically
authorized by the COTP Mobile or a designated representative. The COTP
may be contacted by telephone at (251) 441-5976.
This rule will be effective and enforceable with actual notice from
September 14, 2012 to October 14, 2012. The COTP Mobile anticipates
that this rule will be enforced for approximately three (3) days, to
include a complete Twenty-Four (24) hour closure of the GICW. The COTP
Mobile or a designated representative will inform the public through
Broadcast Notices to Mariners of the specific enforcement periods
throughout the water main construction project as well as any changes
in the 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 a number 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.
The temporary safety zone listed in this rule will only restrict
vessel traffic from entering or transiting a small portion of the GICW.
The effect of this regulation will not be significant for several
reasons: (1) The COTP Mobile will issue maritime advisories widely
available to users of the waterway; (2) this rule will only affect
vessel traffic that are subject to transiting the GICW due to draft
restrictions; and (3) the impacts on routine navigation are expected to
be minimal. Notifications to the marine community will be made
[[Page 56774]]
through Local Notices to Mariners and Broadcast Notices to Mariners.
These notifications will allow the public to plan operations around the
affected area.
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 will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the affected portion of the GICW during
construction of the water main. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone is limited in size, is of
short duration and shallow draft vessel traffic may pass safely around
the temporary 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,
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 have
determined that it 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule would 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 From Environmental Health Risks
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 would 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 rule 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 made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule involves a temporary safety
zone for a portion of the GICW in Choctawhatchee Bay, Santa Rosa Beach,
FL, for the safety of the public and is not expected to result in any
significant adverse environmental impact as described in NEPA. 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.
List of Subjects 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; Pub. L.
[[Page 56775]]
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T08-0518 to read as follows:
Sec. 165.T08-0518 Safety Zone; Water Main Crossing; Choctawhatchee
Bay; Santa Rosa Beach, FL.
(a) Location. The following area is a temporary safety zone: A
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay from
the Highway 331 fixed bridge west to the Red Nun Buoy ``26'' (LLNR
31510), to include the entire width of the channel.
(b) Effective dates. This rule is effective from September 14, 2012
to October 14, 2012.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Mobile or a designated
representative.
(2) Persons or vessels not restricted to navigation in the Gulf
Intracoastal Waterway by draft and that can safely do so, may pass
around the zone while maintaining a safe distance and transiting at
slowest safe navigational speed.
(d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
Dated: August 22, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-22634 Filed 9-13-12; 8:45 am]
BILLING CODE 9110-04-P