[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Rules and Regulations]
[Pages 64904-64906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26155]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0741]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Carolina 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 Carolina Beach, North
Carolina. The safety zone is necessary to provide for the safety of
mariners on navigable waters during maintenance on the U.S. 421 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 295.6, at
Carolina Beach, North Carolina. The safety zone will temporarily
restrict vessel movement within the designated area starting on
December 20, 2012, through October 31, 2013.
DATES: This rule is effective from December 20, 2012, until October 31,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0741]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email 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 August 21, 2012, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) (33 FR 50444). 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 Virginia Beach, Virginia to perform
bridge maintenance on the U.S. 421 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 295.6, at Carolina Beach, North Carolina.
The contract provides for cleaning, painting, and steel repair to
commence on December 20, 2012 with a completion date of October 31,
2013. The contractor will utilize a 40 foot by 60 foot sectional barge
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 reduction horizontal
clearance. During this period the Coast Guard will require a one hour
notification to the work supervisor for passage through the U.S. 421
Fixed Bridge along the Atlantic Intracoastal Waterway, mile 295.6,
Carolina Beach, North Carolina. The bridge notification requirement
will apply during the maintenance period for vessels requiring a
horizontal clearance of greater than 60 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
the U.S. 421 Fixed Bridge crossing the Atlantic Intracoastal Waterway,
mile 295.6, at Carolina Beach, North Carolina (34[deg]03'21'' N,
077[deg]53'58'' W). All vessels transiting this section of the waterway
requiring a horizontal clearance of greater than 60 feet will be
required to make a one hour advanced notification to the work
supervisor while the safety zone is in effect. This zone will be in
effect from 8 a.m. December 20, 2012 through 8 p.m. October 31, 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 these statutes and executive orders.
[[Page 64905]]
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 the designated 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 60 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 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 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 affects 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. December 20, 2012 through 8 p.m. October 31, 2013.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic will be able to request passage
by providing a one hour advanced notification to the work supervisor.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to the users of the waterway.
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 person listed in the FOR FURTHER
INTFORMATION 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
[[Page 64906]]
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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0741 to read as follows:
Sec. 165.T05-0741 Safety Zone, Atlantic Intracoastal Waterway;
Carolina 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 US
421 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
295.6, at Carolina Beach, North Carolina (34[deg]03'21'' N,
077[deg]53'58'' 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.T05-0741. In addition the following regulations apply:
(1) All vessels requiring greater than 60 feet horizontal clearance
to safely transit through the US 421 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 295.6, at Carolina Beach, North Carolina
must contact the work supervisor tender on VHF-FM marine band radio
channels 13 and 16 or at (410) 320-9877 one hour in advance of intended
transit.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(3) 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.
(3) Work Supervisor means the contractor's on site representative.
(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.
December 20, 2012 through 8 p.m. October 31, 2013 unless cancelled
earlier by the Captain of the Port.
Dated: October 4, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-26155 Filed 10-23-12; 8:45 am]
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