Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, Beaufort, SC, 5267-5270 [2011-1980]
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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: https://
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.
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SUMMARY:
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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 https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket or to
read background documents or
comments received go to https://
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.
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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 https://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:
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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 https://
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:
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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
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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.
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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
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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).
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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
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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
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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:
■
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§ 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
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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 https://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:
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available either electronically through
https://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
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]]>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
https://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
