Safety Zone for Margate Bridge, Intracoastal Waterway; Margate, NJ, 12994-12997 [2012-5204]
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12994
*
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations
15. * * *
TABLE FOUR
*
*
*
*
Vessel
*
*
*
*
*
USS MICHAEL MURPHY ........................................................................................................
*
*
Horizontal distance from
the fore and aft centerline of the vessel in the
athwartship direction
Number
*
*
*
*
1.90 meters
DDG 112
*
*
*
16. * * *
Vessel
*
*
*
*
*
USS MICHAEL MURPHY ........................................................................................................
*
*
*
*
*
*
Obstruction angle relative ship’s headings
Number
*
*
*
DDG 112
*
109.60 THRU 112.50
[degrees]
*
*
*
Forward masthead light not in
forward quarter of
ship. Annex I, sec.
3(a)
After masthead
light less than 1⁄2
ship’s length aft of
forward masthead
light. Annex I, sec.
3(a)
Percentage horizontal separation
attained
*
TABLE FIVE
Vessel
Number
Masthead lights
not over all other
lights and obstructions. Annex I,
sec. 2(f)
*
*
USS MICHAEL MURPHY ......................
*
DDG 112
*
X
*
X
*
X
*
14.5
*
*
*
*
*
*
*
Approved: February 22, 2012.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate General (Admiralty
and Maritime Law).
J.M. Beal,
Lieutenant Commander, Office of the Judge
Advocate General, U.S. Navy, Federal
Register Liaison Officer.
DEPARTMENT OF HOMELAND
SECURITY
channel to protect mariners from the
hazards associated with the operation.
Coast Guard
DATES:
[FR Doc. 2012–5090 Filed 3–2–12; 8:45 am]
RIN 1625–AA00
BILLING CODE 3810–FF–P
Safety Zone for Margate Bridge,
Intracoastal Waterway; Margate, NJ
This rule is effective in the CFR
on March 5, 2012 through 5:30 p.m. on
March 16, 2012. This rule is effective
with actual notice for purposes of
enforcement at 7 a.m. on February 6,
2012, through 5:30 p.m. on March 16,
2012.
33 CFR Part 165
[Docket No. USCG–2012–0069]
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone within the
Intracoastal Waterway near Margate, NJ.
This safety zone is necessary to ensure
safety while the Margate Bridge
undergoes repairs, specifically a high
priority fender system replacement. The
safety zone is intended to restrict vessel
traffic movement on the west side of the
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SUMMARY:
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Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0069 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0069 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.
ADDRESSES:
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations
If
you have questions on this temporary
rule, call or email Lieutenant Corrina
Ott, U.S. Coast Guard, Sector Delaware
Bay, Chief of Waterways Management
Division, Coast Guard; telephone 215–
271–4902, email Corrina.ott@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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FOR FURTHER INFORMATION CONTACT:
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. It is
impracticable to publish an NPRM
because the Margate Bridge Company
gave short notice to the Coast Guard.
Furthermore, delay is contrary to the
public interest because of the need for
protection of the maritime public and
vehicular traffic from the hazards
involved with the deteriorating fender
system of the bridge. Furthermore,
publishing an NPRM is unnecessary
because only one side of the channel
will be closed, allowing marine access
through the eastern side of the channel.
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. Any delay encountered in this
regulation’s effective date would be
contrary to public interest because
immediate action is needed to provide
for the safety of life and property from
the hazards associated with the work
involved to repair the fender system. It
is impracticable to publish an NPRM
because the fender system work is a
high priority, aimed at protecting both
marine and vehicular traffic.
Furthermore, delay is contrary to the
public interest because of the need for
protection of the public from the
hazards involved with the work
associated with repairing the fender
system.
Background and Purpose
The Margate Bridge Company is
conducting operations to repair the
fender system on the Margate Bridge
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over the Intracoastal Waterway. As part
of the operations, a barge will be
stationed in the vicinity of the Margate
Bridge, anchored on the west side of the
Channel. The barge will have the new
fender system constructed on it. The
work to repair the fender system is
expected to last six weeks, from 7 a.m.
on February 6, 2012 through 5:30 p.m.
on March 16, 2012.
The Captain of the Port is establishing
this safety zone to ensure the safety of
life and property of all mariners and
vessels transiting the local area.
Discussion of Rule
The Coast Guard Captain of the Port
Delaware Bay is establishing a
temporary safety zone beginning at
7 a.m. on February 6, 2012 through
5:30 p.m. on March 16, 2012. The
boundary line for the temporary safety
zone starts at position 39 20′19″ N, 074
30′53″ W east to 39 20′19″ N, 074 30′46″
W south to 39 20′10″ N, 074 30′49″ W
west to 39 20′10″ N, 074 30′57″ W and
north to 39 20′19″ N, 074 30′53″ W.
Vessels will not be permitted to transit
through the safety zone unless they
receive authorization from the Captain
of the Port Delaware Bay or her
representative. Such requests must be
made one hour prior to the intended
transit of the Safety Zone. Vessels may
contact the Captain of the Port Delaware
Bay or her representative in order to
obtain authorization by contacting
Sector Delaware Bay at (215) 271–4940.
Vessels will be allowed to transit
through the eastern portion of the
channel while the repairs are on-going
as this safety zone is intended to cover
only the western portion of the channel.
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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
Although this regulation will restrict
access to the regulated area, the effect of
this rule will not be significant because:
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(i) The Coast Guard will make extensive
notification of the Safety Zone to the
maritime public via maritime advisories
so mariners can alter their plans
accordingly; (ii) vessels may still be
permitted to transit through the safety
zone with the permission of the Captain
of the Port on a case-by-case basis; and
(iii) the eastern portion of the channel
will remain open, allowing vessel traffic
to transit through that portion while the
repairs are ongoing.
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 operator of the
vessels intending to transit the western
portion of the Intracoastal Waterway at
or near Margate Bridge on February 6,
2012 until March 16, 2012 from 7 a.m.
until 5:30 p.m. Monday through
Saturday.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The eastern
portion of the channel will remain open
and accessible to marine traffic to pass
safely around the zone and vessel traffic
will be allowed to pass through the zone
with permission of the Coast Guard
Captain of the Port Delaware Bay or her
representative. Sector Delaware Bay will
issue maritime advisories widely
accessible to 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
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
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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 (adjust for inflation) or
more in any one year. Though this rule
will not result in such 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.
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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.
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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
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environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves implementation of regulations
within 33 CFR part 165, applicable to
safety zones on the navigable
waterways. This zone will temporarily
restrict vessel traffic from transiting
through a portion of the river in order
to protect the safety of life and property
on the waters. Under figure 2–1,
paragraph (34)(g) of the instruction, an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary 165.T05–0096, to
read as follows:
■
§ 165.T05–0096 Safety Zone for Margate
Bridge, Intracoastal Waterway; Margate, NJ.
(a) Location. The boundary line for
the temporary safety zone starts at
position 39°20′19″ N, 074°30′53″ W east
to 39°20′19″ N, 074°30′46″ W south to
39°20′10″ N, 074°30′49″ W west to
39°20′10″ N, 074°30′57″ W and north to
39°20′19″ N, 074°30′53″ W.
(b) Enforcement period. This rule is
effective from February 6, 2012 until
March 16, 2012, from 7 a.m. until 5:30
p.m.
(c) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.33 of this part.
(1) All persons and vessels transiting
through the Safety Zone must be
authorized by the Captain of the Port or
her representative.
(2) All persons or vessels wishing to
transit through the Safety Zone must
request authorization to do so from the
Captain of the Port or her representative
one hour prior to the intended time of
transit.
(3) Vessels granted permission to
transit must do so in accordance with
the directions provided by the Captain
of the Port or her representative to the
vessel.
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(4) To seek permission to transit the
Safety Zone, the Captain of the Port or
her representative can be contacted via
Sector Delaware Bay Command Center
(215) 271–4940.
(5) This section applies to all vessels
wishing to transit through the Safety
Zone except vessels that are engaged in
the following operations: (i) Enforcing
laws; (ii) servicing aids to navigation,
and (iii) emergency response vessels.
(6) No person or vessel may enter or
remain in a safety zone without the
permission of the Captain of the Port;
(7) Each person and vessel in a safety
zone shall obey any direction or order
of the Captain of the Port;
(8) The Captain of the Port may take
possession and control of any vessel in
the safety zone;
(9) The Captain of the Port may
remove any person, vessel, article, or
thing from a safety zone;
(10) No person may board, or take or
place any article or thing on board, any
vessel in a safety zone without the
permission of the Captain of the Port;
and
(11) No person may take or place any
article or thing upon any waterfront
facility in a safety zone without the
permission of the Captain of the Port.
(d) Definitions. (1) The Captain of the
Port means the Commanding Officer of
Sector Delaware Bay or any Coast Guard
commissioned, warrant, or petty officer
who has been authorized by the Captain
of the Port to act on her behalf.
(e) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the Safety Zone by
Federal, State, and local agencies.
Dated: February 3, 2012.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain
of the Port Delaware Bay.
[FR Doc. 2012–5204 Filed 3–2–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AN42
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Drug and Drug-Related Supply
Promotion by Pharmaceutical
Company Representatives at VA
Facilities
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This final rule amends the
Department of Veterans Affairs (VA)
regulations regarding access to VA
facilities by pharmaceutical company
SUMMARY:
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representatives. The purposes of the
rule are to reduce or eliminate any
potential for disruption in the patient
care environment, manage activities and
promotions at VA facilities, and provide
pharmaceutical company
representatives with a consistent
standard of permissible business
practice at VA facilities. The
amendments will facilitate mutually
beneficial relationships between VA and
pharmaceutical company
representatives.
Effective Date: This final rule is
effective April 4, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Louis E. Cobuzzi, PBM Services (119),
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420; (202) 461–7362. (This is not a
toll-free number).
Under 38
U.S.C. 303, the Secretary of Veterans
Affairs is responsible for ‘‘the proper
execution and administration of all laws
administered by the Department and for
the control, direction, and management
of the Department.’’ The Secretary has
authority to prescribe all rules necessary
to carry out the laws administered by
the Department, such as section 303
regarding control and management of
the Department. See 38 U.S.C. 501(a).
VA has implemented this authority, as
it pertains to management of VA
facilities, in 38 CFR part 1.
VA amends 38 CFR part 1 to regulate
access to VA medical facilities by
pharmaceutical company
representatives promoting drugs and
drug-related supplies. Currently, many
policies regarding access to VA facilities
are established and maintained at the
local level, either by Veterans Integrated
Service Network (VISN) leaders or by
administrators at particular facilities. A
VISN, which we define in § 1.220(b), is
a network of VA medical facilities
located in a particular region. There are
21 such regions, and the areas that they
service can be found at https://
www.vacareers.va.gov/networks.cfmm.
On May 11, 2010, we proposed VA-wide
rules that would be followed at the
VISN and local levels.
We received five comments on the
proposed rule. Although we make a few
modifications based on these comments
and some organizational changes for
improved clarity, we otherwise adopt
the rule as proposed for the reasons
discussed in the May 11, 2010, notice.
A detailed consideration of the
comments follows.
SUPPLEMENTARY INFORMATION:
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12997
Requests for New Definitions
In response to the comments
concerning the scope of § 1.220 as a
whole, we have added a ‘‘Scope’’
paragraph, designated as paragraph (a),
that states: ‘‘This rule governs on-site,
in-person promotional activities,
including educational activities, by
pharmaceutical company
representatives at VA medical facilities.
It does not apply to the distribution of
information and materials through other
means.’’ This note clarifies that the rule
governs only physical access to VA
medical facilities and that information
and materials can be distributed through
other means than in-person at a VA
medical facility. Consistent with this
clarification of the scope of the rule, we
have revised the heading of § 1.220 to
‘‘On-site activities by pharmaceutical
company representatives at VA medical
facilities.’’ Because we inserted a new
paragraph (a) and made other
organizational changes to the rule, the
paragraph designations used in the
proposed rule have changed.
Throughout this rulemaking we cite to
both the proposed rule paragraph
designation and the final rule paragraph
designation.
We note that we have made a
technical revision to correctly refer to
the ‘‘official National Formulary.’’ The
proposed rule had referred to the
‘‘official National Formulary of the
United States,’’ which is not the correct
title of the National Formulary.
A commenter stated that the proposed
rule does not clearly define
‘‘educational programs and materials.’’
The commenter stated that proposed
paragraph (d) ‘‘appears to apply to
programmed events with an
educational, rather than promotional,
purpose * * * and the materials
associated with such events.’’ To clarify
the applicability of proposed paragraph
(d), now designated as paragraph (f), we
have added the following: ‘‘An
educational program is a pre-scheduled
event or meeting during which a
pharmaceutical company representative
provides information about a drug or
drug-related supply.’’ We have also
modified the word ‘‘materials’’ where it
appears in paragraph (f) with the word
‘‘associated’’ to make clear that the
materials discussed in paragraph (f) are
those materials intended for use in
connection with an educational
program. We note that this definition
applies only to this section and does not
apply to the similar terms as used by
other U.S. Government agencies, such as
the Food and Drug Administration
(FDA), in their regulations or guidances.
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]]>Agencies
[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Rules and Regulations]
[Pages 12994-12997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5204]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0069]
RIN 1625-AA00
Safety Zone for Margate Bridge, Intracoastal Waterway; Margate,
NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone within the
Intracoastal Waterway near Margate, NJ. This safety zone is necessary
to ensure safety while the Margate Bridge undergoes repairs,
specifically a high priority fender system replacement. The safety zone
is intended to restrict vessel traffic movement on the west side of the
channel to protect mariners from the hazards associated with the
operation.
DATES: This rule is effective in the CFR on March 5, 2012 through 5:30
p.m. on March 16, 2012. This rule is effective with actual notice for
purposes of enforcement at 7 a.m. on February 6, 2012, through 5:30
p.m. on March 16, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0069 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0069 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.
[[Page 12995]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Corrina Ott, U.S. Coast Guard,
Sector Delaware Bay, Chief of Waterways Management Division, Coast
Guard; telephone 215-271-4902, email Corrina.ott@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. It is impracticable to publish an NPRM
because the Margate Bridge Company gave short notice to the Coast
Guard. Furthermore, delay is contrary to the public interest because of
the need for protection of the maritime public and vehicular traffic
from the hazards involved with the deteriorating fender system of the
bridge. Furthermore, publishing an NPRM is unnecessary because only one
side of the channel will be closed, allowing marine access through the
eastern side of the channel.
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. Any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to provide for the safety of life
and property from the hazards associated with the work involved to
repair the fender system. It is impracticable to publish an NPRM
because the fender system work is a high priority, aimed at protecting
both marine and vehicular traffic. Furthermore, delay is contrary to
the public interest because of the need for protection of the public
from the hazards involved with the work associated with repairing the
fender system.
Background and Purpose
The Margate Bridge Company is conducting operations to repair the
fender system on the Margate Bridge over the Intracoastal Waterway. As
part of the operations, a barge will be stationed in the vicinity of
the Margate Bridge, anchored on the west side of the Channel. The barge
will have the new fender system constructed on it. The work to repair
the fender system is expected to last six weeks, from 7 a.m. on
February 6, 2012 through 5:30 p.m. on March 16, 2012.
The Captain of the Port is establishing this safety zone to ensure
the safety of life and property of all mariners and vessels transiting
the local area.
Discussion of Rule
The Coast Guard Captain of the Port Delaware Bay is establishing a
temporary safety zone beginning at 7 a.m. on February 6, 2012 through
5:30 p.m. on March 16, 2012. The boundary line for the temporary safety
zone starts at position 39 20'19'' N, 074 30'53'' W east to 39 20'19''
N, 074 30'46'' W south to 39 20'10'' N, 074 30'49'' W west to 39
20'10'' N, 074 30'57'' W and north to 39 20'19'' N, 074 30'53'' W.
Vessels will not be permitted to transit through the safety zone unless
they receive authorization from the Captain of the Port Delaware Bay or
her representative. Such requests must be made one hour prior to the
intended transit of the Safety Zone. Vessels may contact the Captain of
the Port Delaware Bay or her representative in order to obtain
authorization by contacting Sector Delaware Bay at (215) 271-4940.
Vessels will be allowed to transit through the eastern portion of the
channel while the repairs are on-going as this safety zone is intended
to cover only the western portion of the channel.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
Although this regulation will restrict access to the regulated
area, the effect of this rule will not be significant because: (i) The
Coast Guard will make extensive notification of the Safety Zone to the
maritime public via maritime advisories so mariners can alter their
plans accordingly; (ii) vessels may still be permitted to transit
through the safety zone with the permission of the Captain of the Port
on a case-by-case basis; and (iii) the eastern portion of the channel
will remain open, allowing vessel traffic to transit through that
portion while the repairs are ongoing.
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 operator of the vessels intending
to transit the western portion of the Intracoastal Waterway at or near
Margate Bridge on February 6, 2012 until March 16, 2012 from 7 a.m.
until 5:30 p.m. Monday through Saturday.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
eastern portion of the channel will remain open and accessible to
marine traffic to pass safely around the zone and vessel traffic will
be allowed to pass through the zone with permission of the Coast Guard
Captain of the Port Delaware Bay or her representative. Sector Delaware
Bay will issue maritime advisories widely accessible to 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 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
[[Page 12996]]
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 (adjust for
inflation) or more in any one year. Though this rule will not result in
such 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 implementation of
regulations within 33 CFR part 165, applicable to safety zones on the
navigable waterways. This zone will temporarily restrict vessel traffic
from transiting through a portion of the river in order to protect the
safety of life and property on the waters. Under figure 2-1, paragraph
(34)(g) of the instruction, an environmental analysis checklist and a
categorical exclusion determination are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary 165.T05-0096, to read as follows:
Sec. 165.T05-0096 Safety Zone for Margate Bridge, Intracoastal
Waterway; Margate, NJ.
(a) Location. The boundary line for the temporary safety zone
starts at position 39[deg]20'19'' N, 074[deg]30'53'' W east to
39[deg]20'19'' N, 074[deg]30'46'' W south to 39[deg]20'10'' N,
074[deg]30'49'' W west to 39[deg]20'10'' N, 074[deg]30'57'' W and north
to 39[deg]20'19'' N, 074[deg]30'53'' W.
(b) Enforcement period. This rule is effective from February 6,
2012 until March 16, 2012, from 7 a.m. until 5:30 p.m.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.33 of this
part.
(1) All persons and vessels transiting through the Safety Zone must
be authorized by the Captain of the Port or her representative.
(2) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her representative one hour prior to the intended time of transit.
(3) Vessels granted permission to transit must do so in accordance
with the directions provided by the Captain of the Port or her
representative to the vessel.
[[Page 12997]]
(4) To seek permission to transit the Safety Zone, the Captain of
the Port or her representative can be contacted via Sector Delaware Bay
Command Center (215) 271-4940.
(5) This section applies to all vessels wishing to transit through
the Safety Zone except vessels that are engaged in the following
operations: (i) Enforcing laws; (ii) servicing aids to navigation, and
(iii) emergency response vessels.
(6) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
(8) The Captain of the Port may take possession and control of any
vessel in the safety zone;
(9) The Captain of the Port may remove any person, vessel, article,
or thing from a safety zone;
(10) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
(11) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
(d) Definitions. (1) The Captain of the Port means the Commanding
Officer of Sector Delaware Bay or any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port to act on her behalf.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.
Dated: February 3, 2012.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain of the Port Delaware Bay.
[FR Doc. 2012-5204 Filed 3-2-12; 8:45 am]
BILLING CODE 9110-04-P
