Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, Beaufort, SC, 5267-5270 [2011-1980]

Download as PDF 5267 Rules and Regulations Federal Register Vol. 76, No. 20 Monday, January 31, 2011 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 1 and 292 [DHS Docket No. USCIS–2009–0077] RIN 1601–AA58 FOR FURTHER INFORMATION CONTACT: Professional Conduct for Practitioners: Rules, Procedures, Representation, and Appearances; Reopening the Public Comment Period Office of the Secretary, DHS. Interim rule; reopening and extending the public comment period. AGENCY: ACTION: The Department of Homeland Security (DHS) announces the reopening and extension of the public comment period for the interim rule entitled ‘‘Professional Conduct for Practitioners: Rules, Procedures, Representations, and Appearances.’’ The interim rule was published on February 2, 2010, comments were accepted until March 4, 2010, and the rule was effective on March 4, 2010. To provide the public with optimum opportunity to comment on the interim rule, DHS will reopen the comment period for an additional 30 days. DHS will consider comments received during the entire public comment period in its development of the final rule. DATES: Written comments must be submitted on or before March 2, 2011. ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS– 2009–0077, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: You may submit comments directly to USCIS by e-mail at rfs.regs@dhs.gov. Include DHS Docket No. USCIS–2009–0077 in the subject line of the message. • Mail: Sunday Aigbe, Chief, Regulatory Products Division, U.S. jdjones on DSK8KYBLC1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:33 Jan 28, 2011 Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529–2020. To ensure proper handling, please reference DHS Docket No. USCIS–2009–0077 on your correspondence. This mailing address may also be used for paper, disk, or CD– ROM submissions. • Hand Delivery/Courier: Sunday Aigbe, Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529– 2020. Contact Telephone Number (202) 272–8377. Jkt 223001 Rachel A. McCarthy, Disciplinary Counsel, Office of the Chief Counsel, U.S. Citizenship and Immigration Services, Department of Homeland Security, 70 Kimball Avenue, Room 103, S. Burlington, VT 05403, telephone (802) 660–5043 (not a toll-free call), or e-mail Rachel.McCarthy@dhs.gov. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this rule. DHS also invites comments that relate to the economic or federalism effects that might result from this rule. Comments that will provide the most assistance to DHS will reference a specific portion of the rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. Instructions: All submissions received must include the agency name and DHS Docket No. USCIS–2009–0077. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Docket: For access to the docket or to read background documents or comments received go to http:// www.regulations.gov. Submitted comments may also be inspected at the Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., Washington, DC 20529–2020. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Background On February 2, 2010, the Department of Homeland Security (DHS) published an interim rule with request for comments in the Federal Register at 75 FR 5225. The interim rule amended DHS regulations to: • Conform the grounds of discipline and procedures regulations with those promulgated by the Department of Justice; • Clarify who is authorized to represent applicants and petitioners in cases before DHS; • Remove duplicative rules, procedures, and authority; • Improve the clarity and uniformity of existing regulations; and to • Make technical and procedural changes; and conform terminology. DHS has received several requests to reopen and extend the public comment period on this interim rule. The interim rule was effective on March 4, 2010, and the changes made in the rule are and will remain in force and effect notwithstanding this notice. Nevertheless, DHS has decided to provide an additional opportunity for the public to comment and will reopen the public comment period for an additional 30 days. DHS also is extending the original comment period until March 2, 2011 and will consider comments received throughout the entire public comment period in development of its final rule. Please visit http://www.regulations.gov to view the rule, comments received, and all supporting documents. Janet Napolitano, Secretary. [FR Doc. 2011–2040 Filed 1–28–11; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2010–0995] RIN 1625–AA00 Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, Beaufort, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: E:\FR\FM\31JAR1.SGM 31JAR1 5268 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations The Coast Guard is establishing a temporary safety zone on the Beaufort River portion of the Atlantic Intracoastal Waterway, South Carolina during construction and expansion of the J.E. McTeer Bridge, also referred to as the S.C. 802 Bridge. This regulation is necessary to protect life and property on the navigable waters of the Beaufort River during construction and expansion of the J.E. McTeer Bridge. Persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. DATES: This rule is effective from 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011. This rule will be enforced daily from 9 a.m. until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through February 4, 2011. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2010–0995 and are available online by going to http:// www.regulations.gov, inserting USCG– 2010–0995 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is 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 Lieutenant Julie Blanchfield, Sector Charleston Office of Waterways Management, Coast Guard; telephone 843–740–3184, e-mail Julie.E.Blanchfield@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: jdjones on DSK8KYBLC1PROD with RULES SUMMARY: Regulatory Information On Friday, November 12, 2010, we published a notice of proposed rulemaking (NPRM) entitled Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, Beaufort, South Carolina in the Federal Register (75 FR 69371). We received two comments on the proposed rule. No public meeting was requested, and none was held. 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. The Coast Guard did not VerDate Mar<15>2010 14:33 Jan 28, 2011 Jkt 223001 receive information regarding the need for a change in the effective date of the rule with sufficient time to publish the rule at least 30 days prior to the effective date. Background and Purpose The construction and expansion of the J.E. McTeer Bridge will create safety hazards within the main channel of the Beaufort River in the vicinity of the J.E. McTeer Bridge due to the presence of construction equipment and the nature of the construction project. Because of the safety hazards associated with the construction of the bridge and related activities, the Coast Guard is establishing a temporary safety zone to protect life and property on the waters of the Atlantic Intracoastal Waterway/ Beaufort River in the vicinity of the J.E. McTeer Bridge. The safety zone will be enforced daily from 9 a.m. until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through February 4, 2011. Discussion of Comments and Changes We received two comments regarding the proposed rule. The first comment was regarding the reference to the Lady’s Island Marina in the Small Entities section of the NPRM. The reference in the NPRM was incorrect. The marina located adjacent to the J.E. McTeer Bridge is the Port Royal Landing Marina, not the Lady’s Island Marina. The Coast Guard has corrected the reference in the Small Entities section of this rule. The second comment was regarding the possible adverse effect the safety zone would have on vessel traffic on the Intracoastal Waterway and, therefore, the number of vessels visiting the Port Royal Landing Marina. The safety zone will encompass only the main navigational channel and the side of the Beaufort River where the construction equipment is staged. The construction equipment is staged on the opposite side of the Beaufort River from the Port Royal Landing Marina. During the enforcement period, vessels may still transit the waterway under a different span of the J.E. McTeer Bridge. Additionally, the safety zone will only be enforced six hours each day. Therefore, vessels may still use the main navigational channel of the Beaufort River before, during, and after the enforcement periods. The effective date of the rule has been changed from the NPRM. The NPRM stated that the effective date was anticipated to be from January 24, 2011 through January 28, 2011. The effective date of the rule is now 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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. We expect the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. This rule may have some impact on the public, but these potential impacts will be minimal for the following reasons: (1) Persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone for a total of six hours each day for five consecutive days; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding area during the effective period; (3) vessels may still enter, transit through, anchor in, or remain within the safety zone if authorized by the Captain of the Port Charleston or a designated representative; and (4) advance notification will be made to the local maritime community via broadcast notice to mariners and marine safety information bulletins. 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 may affect the following entities, some of which may be small entities: (1) The owners or operators of vessels intending to enter, transit through, anchor in, or remain within E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES that portion of the Beaufort River encompassed within the safety zone; and (2) the owner and operator of the Port Royal Landing Marina, which is located adjacent to the J.E. McTeer Bridge. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: (1) Persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone for a total of six hours each day for five consecutive days; (2) although persons and vessels will not be able to enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding area during the effective period; (3) vessels may still enter, transit through, anchor in, or remain within the safety zone if authorized by the Captain of the Port Charleston or a designated representative; (4) vessels may access the Port Royal Landing Marina during the safety zone enforcement period by transiting around the safety zone under another span of the J.E. McTeer Bridge; and (5) advance notification will be made to the local maritime community via broadcast notice to mariners and marine safety information bulletins. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the rule so that they could 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). VerDate Mar<15>2010 14:33 Jan 28, 2011 Jkt 223001 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 5269 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 involves establishing a temporary safety zone to protect life and property on the navigable waters on the Beaufort River during construction and expansion of the J.E. McTeer Bridge. 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 E:\FR\FM\31JAR1.SGM 31JAR1 5270 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Rules and Regulations 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 33 CFR 165.T07–0995 to read as follows: ■ jdjones on DSK8KYBLC1PROD with RULES § 165.T07–0995 Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, Beaufort, SC. 14:33 Jan 28, 2011 Jkt 223001 Dated: January 21, 2011. Michael F. White, Jr., Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2011–1980 Filed 1–28–11; 8:45 am] BILLING CODE 9110–04–P (a) Regulated Area. The following regulated area is a safety zone: all waters of the Beaufort River in Beaufort, South Carolina encompassed within an imaginary line connecting the following points: starting at Point 1 in position 32°23′44.92″ N, 80°40′31.43″ W; thence south to Point 2 in position 32°23′30.92″ N, 80°40′30.75″ W; thence east to Point 3 in position 32°23′30.15″ N, 80°40′12.93″ W; thence north to Point 4 in position 32°23′44.22″ N, 80°40′18.68″ W; thence west to origin. All coordinates are North American Datum 1983. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated area. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at 843–740– 7050, or a designated representative via VHF radio on channel 16 to seek authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such permission must comply with the instructions of VerDate Mar<15>2010 the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area through advanced notice via broadcast notice to mariners, marine safety information bulletins, and by on-scene designated representatives. (d) Effective Date and Enforcement Periods. The rule is effective from 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011. The rule will be enforced daily from 9 a.m. until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through February 4, 2011. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2009–0731; FRL–9250–6] Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Particulate Matter Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving Wisconsin’s revision to its State Implementation Plan (SIP), which updates its ambient air quality standards for fine particulates to conform with current Federal ambient air quality standards for the same criteria air pollutants. EPA received comments on its April 8, 2010, proposed rule and withdrew the accompanying Direct Final Rule. After considering the comments, EPA is approving the revisions to the Wisconsin SIP as requested by the State on September 11, 2009. DATES: This final rule is effective on March 2, 2011. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2009–0731. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (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 form. Publicly available docket materials are SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 available either electronically through http://www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Matt Rau, Environmental Engineer, at (312) 886–6524 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6524, rau.matthew@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this action? II. What is EPA’s analysis of the revision? III. What are the environmental effects of this action? IV. What comments were received and what is the EPA response? V. What action is EPA taking? VI. Statutory and Executive Order Reviews I. What is the background for this action? On September 11, 2009, Wisconsin requested a revision to its SIP to update the particulate matter ambient air quality standards to conform with the 2006 revisions to the Federal standards. EPA originally established National Ambient Air Quality Standards (NAAQS) for particulate matter in 1971. Particulate matter was measured in total suspended particulate (TSP). TSP is particulate up to 100 micrometers in diameter. Then in 1987, EPA changed the indicator to coarse particulate matter (PM10), which is particulate up to 10 micrometers in diameter. The PM10 standards replaced the TSP standards. Particulate matter larger than 10 micrometers generally is not inhaled into the lungs and thus PM10 was found to adequately protect human health. EPA added fine particulate matter (PM2.5) as an indicator of particulate matter in 1997, but also retained its PM10 NAAQS. The finer particulate matter measured as PM2.5 can remain suspended in the air longer and can penetrate deeply into the lungs more easily than PM10, so a lower PM2.5 concentration is needed to protect human health. Then in 2006, EPA revised its particulate matter ambient air quality standards again. EPA strengthened the 24-hour PM2.5 standard to its current level of 35 micrograms per E:\FR\FM\31JAR1.SGM 31JAR1

Agencies

[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5267-5270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1980]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0995]
RIN 1625-AA00


Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, 
Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 5268]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Beaufort River portion of the Atlantic Intracoastal Waterway, South 
Carolina during construction and expansion of the J.E. McTeer Bridge, 
also referred to as the S.C. 802 Bridge. This regulation is necessary 
to protect life and property on the navigable waters of the Beaufort 
River during construction and expansion of the J.E. McTeer Bridge. 
Persons and vessels will be prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone unless 
authorized by the Captain of the Port Charleston or a designated 
representative.

DATES: This rule is effective from 9 a.m. on January 31, 2011 through 5 
p.m. on February 4, 2011. This rule will be enforced daily from 9 a.m. 
until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through 
February 4, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0995 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0995 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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 Lieutenant Julie Blanchfield, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone 843-
740-3184, e-mail Julie.E.Blanchfield@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

    On Friday, November 12, 2010, we published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; Beaufort River/Atlantic 
Intracoastal Waterway, Beaufort, South Carolina in the Federal Register 
(75 FR 69371). We received two comments on the proposed rule. No public 
meeting was requested, and none was held.
    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. The Coast Guard did not receive 
information regarding the need for a change in the effective date of 
the rule with sufficient time to publish the rule at least 30 days 
prior to the effective date.

Background and Purpose

    The construction and expansion of the J.E. McTeer Bridge will 
create safety hazards within the main channel of the Beaufort River in 
the vicinity of the J.E. McTeer Bridge due to the presence of 
construction equipment and the nature of the construction project. 
Because of the safety hazards associated with the construction of the 
bridge and related activities, the Coast Guard is establishing a 
temporary safety zone to protect life and property on the waters of the 
Atlantic Intracoastal Waterway/Beaufort River in the vicinity of the 
J.E. McTeer Bridge. The safety zone will be enforced daily from 9 a.m. 
until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through 
February 4, 2011.

Discussion of Comments and Changes

    We received two comments regarding the proposed rule. The first 
comment was regarding the reference to the Lady's Island Marina in the 
Small Entities section of the NPRM. The reference in the NPRM was 
incorrect. The marina located adjacent to the J.E. McTeer Bridge is the 
Port Royal Landing Marina, not the Lady's Island Marina. The Coast 
Guard has corrected the reference in the Small Entities section of this 
rule. The second comment was regarding the possible adverse effect the 
safety zone would have on vessel traffic on the Intracoastal Waterway 
and, therefore, the number of vessels visiting the Port Royal Landing 
Marina. The safety zone will encompass only the main navigational 
channel and the side of the Beaufort River where the construction 
equipment is staged. The construction equipment is staged on the 
opposite side of the Beaufort River from the Port Royal Landing Marina. 
During the enforcement period, vessels may still transit the waterway 
under a different span of the J.E. McTeer Bridge. Additionally, the 
safety zone will only be enforced six hours each day. Therefore, 
vessels may still use the main navigational channel of the Beaufort 
River before, during, and after the enforcement periods.
    The effective date of the rule has been changed from the NPRM. The 
NPRM stated that the effective date was anticipated to be from January 
24, 2011 through January 28, 2011. The effective date of the rule is 
now 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011.

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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimal for 
the following reasons: (1) Persons and vessels will be prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone for a total of six hours each day for five consecutive 
days; (2) although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
effective period; (3) vessels may still enter, transit through, anchor 
in, or remain within the safety zone if authorized by the Captain of 
the Port Charleston or a designated representative; and (4) advance 
notification will be made to the local maritime community via broadcast 
notice to mariners and marine safety information bulletins.

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 may affect the following entities, some of which 
may be small entities: (1) The owners or operators of vessels intending 
to enter, transit through, anchor in, or remain within

[[Page 5269]]

that portion of the Beaufort River encompassed within the safety zone; 
and (2) the owner and operator of the Port Royal Landing Marina, which 
is located adjacent to the J.E. McTeer Bridge.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (1) 
Persons and vessels will be prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone for a total 
of six hours each day for five consecutive days; (2) although persons 
and vessels will not be able to enter, transit through, anchor in, or 
remain within the safety zone without authorization from the Captain of 
the Port Charleston or a designated representative, they may operate in 
the surrounding area during the effective period; (3) vessels may still 
enter, transit through, anchor in, or remain within the safety zone if 
authorized by the Captain of the Port Charleston or a designated 
representative; (4) vessels may access the Port Royal Landing Marina 
during the safety zone enforcement period by transiting around the 
safety zone under another span of the J.E. McTeer Bridge; and (5) 
advance notification will be made to the local maritime community via 
broadcast notice to mariners and marine safety information bulletins.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 involves establishing a 
temporary safety zone to protect life and property on the navigable 
waters on the Beaufort River during construction and expansion of the 
J.E. McTeer Bridge. 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

[[Page 5270]]

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. 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, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  33 CFR 165.T07-0995 to read as follows:


Sec.  165.T07-0995  Safety Zone; Beaufort River/Atlantic Intracoastal 
Waterway, Beaufort, SC.

    (a) Regulated Area. The following regulated area is a safety zone: 
all waters of the Beaufort River in Beaufort, South Carolina 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 32[deg]23'44.92'' N, 80[deg]40'31.43'' 
W; thence south to Point 2 in position 32[deg]23'30.92'' N, 
80[deg]40'30.75'' W; thence east to Point 3 in position 
32[deg]23'30.15'' N, 80[deg]40'12.93'' W; thence north to Point 4 in 
position 32[deg]23'44.22'' N, 80[deg]40'18.68'' W; thence west to 
origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16 to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
permission must comply with the instructions of the Captain of the Port 
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through advanced notice via broadcast notice to mariners, marine safety 
information bulletins, and by on-scene designated representatives.
    (d) Effective Date and Enforcement Periods. The rule is effective 
from 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011. The 
rule will be enforced daily from 9 a.m. until 12 p.m. and from 2 p.m. 
until 5 p.m. on January 31, 2011 through February 4, 2011.

    Dated: January 21, 2011.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-1980 Filed 1-28-11; 8:45 am]
BILLING CODE 9110-04-P