[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5720-5722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01634]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1062]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the temporary safety zone
established on the waters of the Atlantic Intracoastal Waterway at Oak
Island, North Carolina. The safety zone is necessary to provide for the
safety of mariners on navigable waters during maintenance on the NC 133
Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8,
at Oak Island, North Carolina. The safety zone extension will
temporarily restrict vessel movement within the designated area
starting on February 14, 2013 through June 15, 2013.
DATES: This rule is effective from February 14, 2013 through June 15,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1062]. 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 Joseph.M.Edge@uscg.mil. 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
The Coast Guard is extending the initial Temporary Final Rule
USCG--2012-0431. On June 15, 2012 a Notice to Proposed Rulemaking was
published in 77 FR 35906 for USCG -2012-0431. A subsequent Notice to
Proposed Rulemaking was published on September 13, 2012 in 77 FR 56587
for USCG-2012-0811. We received no comments on this proposed rule.
B. Basis and Purpose
North Carolina Department of Transportation has awarded a contract
to Marine Contracting Corporation of Virginia Beach, Virginia to
perform bridge maintenance on the NC 133 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile 311.8, at Oak Island, North
Carolina. The contract provides for replacing the fender system which
commenced on September 12, 2012 with an initial completion date of
December 12, 2012. Subsequently, the contractor was granted an
extension by North Carolina Department of Transportation until February
14, 2013. However, due to the presence of rock on the sea bed, which
has impacted the construction progress, NCDOT has granted an additional
extension until June 15, 2013 to complete the bridge maintenance. The
contractor will utilize a 140 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 reduction of
horizontal clearance. During this period the Coast Guard will require a
one hour notification to the work supervisor at the NC 133 Fixed Bridge
at the Atlantic Intracoastal Waterway crossing, mile 311.8, Oak Island,
North Carolina. The notification requirement will apply during the
maintenance period for vessels requiring a horizontal clearance of
greater than 50 feet.
C. Discussion of the Final Rule
The temporary safety zone will encompass the waters directly under
the
[[Page 5721]]
NC 133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22''
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 work supervisor at the NC 133
Fixed Bridge while the safety zone is in effect. The initial safety
zone was in effect from 8 a.m. September 12, 2012 to 8 p.m. December
12, 2012. An extension changed the end date of the zone to February 14,
2013. Here, the additional extension will again extend the end date
from 8 p.m. February 14, 2013 to 8 p.m. June 15, 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.
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 through the noted portion of the
Atlantic Intracoastal Waterway; it only 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 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 p.m. February 14, 2013 through 8 p.m. June
15, 2103.
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 the entire width of this section
of the Atlantic Intracoastal Waterway, vessel traffic will be able to
request passage by providing a one hour advanced notification. Before
the effective period, the Coast Guard will issue maritime advisories
widely available to the users of the waterway. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.
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,
[[Page 5722]]
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; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-1062 to read as follows:
Sec. 165.T05-1062 Safety Zone; Atlantic Intracoastal Waterway, Oak
Island, 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 NC
133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22''
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.T05-1062. In addition the following regulations apply:
(1) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina must
contact the work supervisor on VHF-FM marine band radio channels 13 and
16 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 contractors 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 p.m.
February 14, 2013 through 8 p.m. June 15, 2013, unless cancelled
earlier by the Captain of the Port.
Dated: January 11, 2013.
A. Popiel,
Captain, U.S. Coast Guard Captain of the Port Sector North Carolina.
[FR Doc. 2013-01634 Filed 1-25-13; 8:45 am]
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