Safety Zone; Atlantic Intracoastal Waterway, Oak Island, NC, 68686-68689 [E9-30718]
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68686
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
b. In paragraph (b), the first sentence
is amended by removing the word
‘‘shall’’ and, in its place, adding the
word ‘‘must’’ and by removing the term
‘‘Customs territory’’ and, in its place,
adding the term ‘‘customs territory’’; the
third sentence is amended by removing
the term ‘‘shall’’ and, in its place,
adding the term ‘‘will’’ and by removing
the two references to ‘‘Customs’’ and, in
its place, adding the term ‘‘CBP’’; and
the fourth sentence is amended by
removing the reference to ‘‘Customs’’
and, in its place, adding the term
‘‘CBP’’.
■ c. In paragraph (c), the first and fourth
sentences are amended by removing the
term ‘‘shall’’ each place it appears and
adding the term ‘‘must’’ in its place; and
the fifth sentence is amended by
removing the term ‘‘shall’’ and, in its
place, adding the term ‘‘will’’ and by
removing the two references to
‘‘Customs’’ and, in its place, adding the
term ‘‘CBP’’.
■ d. Paragraph (g) is amended by
removing the term ‘‘shall’’ each place it
appears and, in its place, adding the
term ‘‘must’’; and by removing the term
‘‘Customs’’ and, in its place, adding the
term ‘‘CBP’’.
■ e. Paragraph (e) is revised to read as
follows:
■
§ 19.36 Requirements for duty-free store
operations.
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(e) Merchandise eligible for
warehousing in duty-free stores (Class 9
Warehouses)—(1) In General.
Conditionally duty-free merchandise
and other merchandise (domestic
merchandise and merchandise which
was previously entered or withdrawn
for consumption and brought into a
duty-free store (Class 9 warehouse) for
display and sale or for delivery to
purchasers can be warehoused in a
duty-free store (Class 9 warehouse), but
the conditionally duty-free merchandise
and other merchandise must be
physically segregated from one another,
unless one of the following exceptions
apply.
(2) Marking exception to physical
segregation. Merchandise may be
identified or marked ‘‘DUTY-PAID’’ or
‘‘U.S.-ORIGIN’’, or similar markings, as
applicable, to enable CBP officers to
easily distinguish conditionally dutyfree merchandise from other
merchandise in the sales or crib area.
(3) Electronic inventory exception to
physical segregation. If the proprietor
has an electronic inventory system
capable of immediately identifying
conditionally duty-free merchandise
from other merchandise, the proprietor
need not physically separate
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conditionally duty-free merchandise
from other merchandise or mark the
merchandise.
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PART 144—WAREHOUSE AND
REWAREHOUSE ENTRIES AND
WITHDRAWALS
5. The general authority citation for
part 144 and specific authority citation
for § 144.37 continue to read as follows:
■
Authority: 19 U.S.C. 66, 1484, 1557, 1559,
1624.
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Section 144.37 also issued under 19 U.S.C.
1555, 1562.
6. Section 144.5 is revised to read as
follows:
■
§ 144.5
Period of warehousing.
Merchandise must not remain in a
bonded warehouse beyond 5 years from
the date of importation or such longer
period of time as the port director may
at his discretion permit upon proper
request being filed and good cause
shown.
■ 7. In § 144.37:
■ a. Paragraph (a) is amended by
removing the word ‘‘shall’’ each place it
appears and, in its place, adding the
word ‘‘must’’; and by removing the
word ‘‘Customs’’ each place it appears
and, in its place, adding the term
‘‘CBP’’.
■ b. Paragraphs (b)(1), (f), and (h)(3) are
amended by removing the word ‘‘shall’’
each place it appears and, in its place,
adding the word ‘‘must’’.
■ c. In paragraph (b)(2), the first
sentence is amended by removing the
word ‘‘shall’’ and, in its place, adding
the word ‘‘must’’ and by removing the
reference to ‘‘Customs’’ and, in its place,
adding the term ‘‘CBP’’; the second and
third sentences are amended by
removing the word ‘‘shall’’ each place it
appears and, in its place, adding the
word ‘‘will’’; and the last sentence is
amended by removing the word ‘‘shall’’
and, in its place, adding the word
‘‘must’’.
■ d. Paragraph (d) is amended by
removing the word ‘‘Customs’’ each
place it appears and, in its place, adding
the term ‘‘CBP’’; and by removing the
word ‘‘shall’’ each place it appears and,
in its place, adding the word ‘‘must’’.
■ e. Paragraphs (h)(2), introductory text,
and (h)(2)(vi) are revised to read as
follows:
§ 144.37
Withdrawal for exportation.
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(h) * * *
(2) Sales ticket content and handling.
Sales ticket withdrawals must be made
only under a blanket permit to
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withdrawal (see § 19.6(d) of this
chapter) and the sales ticket will serve
as the equivalent of the supplementary
withdrawal. A sales ticket is an invoice
of the proprietor’s design which will
include:
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(vi) A statement on the original copy
(purchaser’s copy) to the effect that
goods purchased in a duty-free store
will be subject to duty and/or tax with
personal exemption if returned to the
United States. At the time of purchase,
the original sales ticket must be made
out in the name of the purchaser and
given to the purchaser. One copy of the
sales ticket must be retained by the
proprietor. This copy may be
maintained electronically. A permit file
copy will be attached to the parcel
containing the purchased articles unless
the proprietor has established and
maintained an effective method to
match the parcel containing the
purchased articles with the purchaser.
Additional copies may be retained by
the proprietor.
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Approved: December 22, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E9–30735 Filed 12–28–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1067]
RIN 1625–AA00
Safety Zone; Atlantic Intracoastal
Waterway, Oak Island, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of the Atlantic Intracoastal
Waterway at Oak Island, North Carolina.
All vessels are prohibited from
transiting the zone near the second
crossing to Oak Island, North Carolina
except as specifically authorized by the
Captain of the Port or a designated
representative. The safety zone is
necessary to provide for the safety of
mariners on navigable waters during the
installation of bridge girders at the new
high-level fixed highway bridge at the
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
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second crossing to Oak Island, North
Carolina.
DATES: This rule is effective December
29, 2009 through 5:30 p.m. January 11,
2010, and applicable for purposes of
enforcement from 7:30 a.m. December 7,
2009 through 5:30 p.m. January 11,
2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
1067 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–1067 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 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 e-mail CWO4 Stephen
Lyons, Waterways Management
Division Chief, Coast Guard Sector
North Carolina; telephone (252) 247–
4525, e-mail
Stephen.W.Lyons2@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment 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(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to provide
for the safety of life and property on
navigable waters.
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 the effective date
would be contrary to public interest
because hazards associated with the
girder installation, including potential
falling debris and the use of heavy
equipment and machinery in the
waterway, could lead to severe injury,
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fatalities and/or destruction of public
property. Therefore, immediate action is
needed to ensure the public’s safety
from the hazards noted above.
Background and Purpose
The State of North Carolina
Department of Transportation awarded a
contract to Lee Construction Company
of the Carolinas, Inc. of Charlotte, North
Carolina, to perform bridge girder
installation at the new high-level fixed
highway bridge at the second crossing to
Oak Island, North Carolina. The contract
provides for the installation of bridge
girders. The center girder installation is
scheduled to begin on December 7, 2009
and will be completed by January 11,
2010. The contractor will be utilizing a
deck barge with a 55’ beam, a 450 ton
ringer crane on a stationary barge with
an 85’ beam, and an assist tug to
conduct the girder installation. This
operation presents a potential hazard to
mariners from falling debris and the use
of heavy equipment and machinery. To
provide for the safety of the public, the
Coast Guard will temporarily restrict
access to this section of the Atlantic
Intracoastal Waterway during girder
installation, scheduled daily from 7:30
a.m. until 11:30 a.m.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone to encompass the
waters of the Atlantic Intracoastal
Waterway extending 250 yards in all
directions from the main construction
site at the second crossing to Oak Island,
North Carolina, located at Atlantic
Intracoastal Waterway Mile 316.6
(33°55.63 N, 078°9.37 W, NAD 1983).
All vessels are prohibited from
transiting this section of the waterway
while the safety zone is in effect. Entry
into the zone will not be permitted
except as specifically authorized by the
Captain of the Port or a designated
representative. To seek permission to
transit the area, mariners can contact
Sector North Carolina at telephone
number (252) 247–4570. This zone will
be enforced daily from 7:30 a.m. until
11:30 a.m. while girder installation is in
progress from December 7, 2009 through
January 11, 2010. Notification of the
safety zone will be provided to the
public via broadcast notice to mariners.
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.
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68687
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, 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.
Although this regulation will restrict
access to the area, the effect of this rule
will not be significant because: (i) The
safety zone will be in effect for a limited
duration of time, (ii) the Coast Guard
will give advance notification via
maritime advisories so mariners can
adjust their plans accordingly, and (iii)
vessels may be granted permission to
transit the area by the Captain of the
Port or a designated representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on 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 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 tug
and barge, recreational, and fishing
vessels intending to transit the specified
portion of the Atlantic Intracoastal
Waterway from 7:30 a.m. December 7,
2009 through 5:30 p.m. January 11,
2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reason: This rule will be
enforced for only a limited time each
day. Although the safety zone will apply
to the entire width of the Atlantic
Intracoastal Waterway, vessel traffic can
use alternate waterways to transit safely
around the safety zone. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to the users of the waterway.
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 can
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
better evaluate its effects on them and
participate in the rulemaking process.
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.
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
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
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Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 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 Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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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.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
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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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
establishes a temporary safety zone to
protect the public from bridge
construction operations. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 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;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1
2. Add § 165.T05–1067 to read as
follows:
■
§ 165.T05–1067 Safety Zone; Atlantic
Intracoastal Waterway, Oak Island, NC.
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector North Carolina.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized to
act on behalf of the Captain of the Port.
(b) Location. The following area is a
safety zone: The waters of the Atlantic
Intracoastal Waterway extending 250
yards in all directions from the main
construction site at the new high-level
fixed highway bridge at the second
crossing to Oak Island, North Carolina,
located at Atlantic Intracoastal
Waterway Mile 316.6 (33°55.63 N.,
078°9.37 W., NAD 1983).
(c) Regulations. (1) The general
regulations contained in § 165.23 of this
part apply to the area described in
paragraph (b) of this section.
(2) Persons or vessels requiring entry
into or passage through any portion of
the safety zone must first request
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
authorization from the Captain of the
Port, or a designated representative,
unless the Captain of the Port
previously announced via Marine Safety
Radio Broadcast on VHF Marine Band
Radio channel 22 (157.1 MHz) that this
regulation will not be enforced in that
portion of the safety zone. The Captain
of the Port can be contacted at telephone
number (252) 247–4570 or by radio on
VHF Marine Band Radio, channels 13
and 16.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced daily from 7:30 a.m.
until 11:30 a.m. while girder installation
is in progress throughout the effective
period from 7:30 a.m. December 7, 2009
through 5:30 p.m. January 11, 2010
unless cancelled earlier by the Captain
of the Port. The exact daily times will
be announced in Broadcast Notice to
Mariners.
Dated: December 7, 2009.
J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. E9–30718 Filed 12–28–09; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2008–0787; FRL–9096–4]
Approval and Promulgation of
Implementation Plans; State of
Missouri
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a revision to
the State Implementation Plan (SIP)
submitted by the state of Missouri. This
revision applies to Missouri’s rule
relating to restriction of emission of
visible air contaminants and removes
redundant definitions, removes an
outdated exemption for incinerators
used to burn refuse in the outstate area,
and clarifies that the test methods stated
in the rule shall be used to determine
the opacity of visible emissions. EPA is
not taking action on the state submitted
revisions relating to open burning, as
these provisions revise a rule that has
not been adopted into the SIP. Approval
of this revision will ensure consistency
between the state and the Federally
approved rules.
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68689
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available; i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
ADDRESSES: Submit your comments,
form. Publicly available docket
identified by Docket ID No. EPA–R07–
materials are available either
OAR–2008–0787, by one of the
electronically in https://
following methods:
1. https://www.regulations.gov. Follow www.regulations.gov or in hard copy at
the Environmental Protection Agency,
the on-line instructions for submitting
Air Planning and Development Branch,
comments.
901 North 5th Street, Kansas City,
2. E-mail: kemp.lachala@epa.gov.
3. Mail: Lachala Kemp, Environmental Kansas 66101. The Regional Office’s
official hours of business are Monday
Protection Agency, Air Planning and
through Friday, 8 a.m. to 4:30 p.m.
Development Branch, 901 North 5th
excluding Federal holidays. The
Street, Kansas City, Kansas 66101.
interested persons wanting to examine
4. Hand Delivery or Courier: Deliver
these documents should make an
your comments to Lachala Kemp,
appointment with the office at least 24
Environmental Protection Agency, Air
Planning and Development Branch, 901 hours in advance.
FOR FURTHER INFORMATION CONTACT:
North 5th Street, Kansas City, Kansas
Lachala Kemp at (913) 551–7214, or by
66101.
Instructions: Direct your comments to e-mail at kemp.lachala@epa.gov.
Docket ID No. EPA–R07–OAR–2008–
SUPPLEMENTARY INFORMATION:
0787. EPA’s policy is that all comments Throughout this document ‘‘we,’’ ‘‘us,’’
received will be included in the public
or ‘‘our’’ refer to EPA. This section
docket without change and may be
provides additional information by
made available online at https://
addressing the following questions:
www.regulations.gov, including any
What is a SIP?
personal information provided, unless
What is the Federal approval process for a
the comment includes information
SIP?
What does Federal approval of a state
claimed to be Confidential Business
regulation mean to me?
Information (CBI) or other information
What is being addressed in this document?
whose disclosure is restricted by statute.
Have the requirements for approval of a
Do not submit through https://
SIP revision been met?
www.regulations.gov or e-mail
What action is EPA taking?
information that you consider to be CBI
What is a SIP?
or otherwise protected. The https://
www.regulations.gov Web site is an
Section 110 of the Clean Air Act
‘‘anonymous access’’ system, which
(CAA) requires states to develop air
means EPA will not know your identity pollution regulations and control
or contact information unless you
strategies to ensure that state air quality
provide it in the body of your comment. meets the national ambient air quality
If you send an e-mail comment directly
standards established by EPA. These
to EPA without going through https://
ambient standards are established under
www.regulations.gov, your e-mail
section 109 of the CAA, and they
address will be automatically captured
currently address six criteria pollutants.
and included as part of the comment
These pollutants are: Carbon monoxide,
that is placed in the public docket and
nitrogen dioxide, ozone, lead,
made available on the Internet. If you
particulate matter, and sulfur dioxide.
submit an electronic comment, EPA
Each state must submit these
recommends that you include your
regulations and control strategies to us
name and other contact information in
for approval and incorporation into the
the body of your comment and with any Federally enforceable SIP.
disk or CD–ROM you submit. If EPA
Each Federally approved SIP protects
cannot read your comment due to
air quality primarily by addressing air
technical difficulties and cannot contact pollution at its point of origin. These
you for clarification, EPA may not be
SIPs can be extensive, containing state
able to consider your comment.
regulations or other enforceable
Electronic files should avoid the use of
documents and supporting information
special characters, any form of
such as emission inventories,
encryption, and be free of any defects or monitoring networks, and modeling
viruses.
demonstrations.
DATES: This direct final rule will be
effective March 1, 2010, without further
notice, unless EPA receives adverse
comment by January 28, 2010. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
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Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68686-68689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30718]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1067]
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 establishing a temporary safety zone on the
waters of the Atlantic Intracoastal Waterway at Oak Island, North
Carolina. All vessels are prohibited from transiting the zone near the
second crossing to Oak Island, North Carolina except as specifically
authorized by the Captain of the Port or a designated representative.
The safety zone is necessary to provide for the safety of mariners on
navigable waters during the installation of bridge girders at the new
high-level fixed highway bridge at the
[[Page 68687]]
second crossing to Oak Island, North Carolina.
DATES: This rule is effective December 29, 2009 through 5:30 p.m.
January 11, 2010, and applicable for purposes of enforcement from 7:30
a.m. December 7, 2009 through 5:30 p.m. January 11, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-1067 and are available online
by going to https://www.regulations.gov, inserting USCG-2009-1067 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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 e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone (252) 247-
4525, e-mail Stephen.W.Lyons2@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment 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(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to provide
for the safety of life and property on navigable waters.
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 the effective date would
be contrary to public interest because hazards associated with the
girder installation, including potential falling debris and the use of
heavy equipment and machinery in the waterway, could lead to severe
injury, fatalities and/or destruction of public property. Therefore,
immediate action is needed to ensure the public's safety from the
hazards noted above.
Background and Purpose
The State of North Carolina Department of Transportation awarded a
contract to Lee Construction Company of the Carolinas, Inc. of
Charlotte, North Carolina, to perform bridge girder installation at the
new high-level fixed highway bridge at the second crossing to Oak
Island, North Carolina. The contract provides for the installation of
bridge girders. The center girder installation is scheduled to begin on
December 7, 2009 and will be completed by January 11, 2010. The
contractor will be utilizing a deck barge with a 55' beam, a 450 ton
ringer crane on a stationary barge with an 85' beam, and an assist tug
to conduct the girder installation. This operation presents a potential
hazard to mariners from falling debris and the use of heavy equipment
and machinery. To provide for the safety of the public, the Coast Guard
will temporarily restrict access to this section of the Atlantic
Intracoastal Waterway during girder installation, scheduled daily from
7:30 a.m. until 11:30 a.m.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone to
encompass the waters of the Atlantic Intracoastal Waterway extending
250 yards in all directions from the main construction site at the
second crossing to Oak Island, North Carolina, located at Atlantic
Intracoastal Waterway Mile 316.6 (33[deg]55.63 N, 078[deg]9.37 W, NAD
1983). All vessels are prohibited from transiting this section of the
waterway while the safety zone is in effect. Entry into the zone will
not be permitted except as specifically authorized by the Captain of
the Port or a designated representative. To seek permission to transit
the area, mariners can contact Sector North Carolina at telephone
number (252) 247-4570. This zone will be enforced daily from 7:30 a.m.
until 11:30 a.m. while girder installation is in progress from December
7, 2009 through January 11, 2010. Notification of the safety zone will
be provided to the public via broadcast notice to mariners.
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.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, 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.
Although this regulation will restrict access to the area, the
effect of this rule will not be significant because: (i) The safety
zone will be in effect for a limited duration of time, (ii) the Coast
Guard will give advance notification via maritime advisories so
mariners can adjust their plans accordingly, and (iii) vessels may be
granted permission to transit the area by the Captain of the Port or a
designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on 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 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 tug and barge,
recreational, and fishing vessels intending to transit the specified
portion of the Atlantic Intracoastal Waterway from 7:30 a.m. December
7, 2009 through 5:30 p.m. January 11, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: This
rule will be enforced for only a limited time each day. Although the
safety zone will apply to the entire width of the Atlantic Intracoastal
Waterway, vessel traffic can use alternate waterways to transit safely
around the safety zone. Before the effective period, the Coast Guard
will issue maritime advisories widely available to the users of the
waterway.
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 can
[[Page 68688]]
better evaluate its effects on them and participate in the rulemaking
process.
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.
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
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule establishes a temporary safety
zone to protect the public from bridge construction operations. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 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;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T05-1067 to read as follows:
Sec. 165.T05-1067 Safety Zone; Atlantic Intracoastal Waterway, Oak
Island, NC.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Designated
representative means any Coast Guard commissioned, warrant, or petty
officer who has been authorized to act on behalf of the Captain of the
Port.
(b) Location. The following area is a safety zone: The waters of
the Atlantic Intracoastal Waterway extending 250 yards in all
directions from the main construction site at the new high-level fixed
highway bridge at the second crossing to Oak Island, North Carolina,
located at Atlantic Intracoastal Waterway Mile 316.6 (33[deg]55.63 N.,
078[deg]9.37 W., NAD 1983).
(c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
(2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request
[[Page 68689]]
authorization from the Captain of the Port, or a designated
representative, unless the Captain of the Port previously announced via
Marine Safety Radio Broadcast on VHF Marine Band Radio channel 22
(157.1 MHz) that this regulation will not be enforced in that portion
of the safety zone. The Captain of the Port can be contacted at
telephone number (252) 247-4570 or by radio on VHF Marine Band Radio,
channels 13 and 16.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced daily from
7:30 a.m. until 11:30 a.m. while girder installation is in progress
throughout the effective period from 7:30 a.m. December 7, 2009 through
5:30 p.m. January 11, 2010 unless cancelled earlier by the Captain of
the Port. The exact daily times will be announced in Broadcast Notice
to Mariners.
Dated: December 7, 2009.
J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. E9-30718 Filed 12-28-09; 8:45 am]
BILLING CODE 9110-04-P