Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa Beach, FL, 40541-40544 [2012-16788]
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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
(w) Exemptions from the particular
subsections are justified for the
following reasons:
(1) From subsection (c)(3), the
requirement that an accounting be made
available to the named subject of a
record, because this system is exempt
from the access provisions of subsection
(d). Also, because making available to a
record subject the accounting of
disclosures from records concerning
him/her would specifically reveal any
law enforcement or national security
investigative interest in the individual
by the FBI or agencies that are recipients
of the disclosures. Revealing this
information could compromise ongoing,
authorized law enforcement and
intelligence efforts, particularly efforts
to identify and defuse any potential acts
of terrorism or other potential violations
of criminal law. Revealing this
information could also permit the
record subject to obtain valuable insight
concerning the information obtained
during any investigation and to take
measures to circumvent the
investigation.
(2) From subsection (c)(4) notification
requirements because this system is
exempt from the access and amendment
provisions of subsection (d) as well as
the accounting of disclosures provision
of subsection (c)(3).
(3) From subsection (d)(1), (2), (3) and
(4), (e)(4)(G) and (H), because these
provisions concern individual access to
and amendment of law enforcement,
intelligence and counterintelligence,
and counterterrorism records and
compliance could alert the subject of an
authorized law enforcement or
intelligence activity about that
particular activity and the investigative
interest of the FBI and/or other law
enforcement or intelligence agencies.
Providing access could compromise
sensitive information classified to
protect national security; disclose
information which would constitute an
unwarranted invasion of another’s
personal privacy; reveal a sensitive
investigative or intelligence technique;
could provide information that would
allow a subject to avoid detection or
apprehension; or constitute a potential
danger to the health or safety of law
enforcement personnel, confidential
sources, and witnesses. The FBI takes
seriously its obligation to maintain
accurate records despite its assertion of
this exemption, and to the extent it, in
its sole discretion, agrees to permit
amendment or correction of FBI records,
it will share that information in
appropriate cases with subjects of the
information.
(4) From subsection (e)(1) because it
is not always possible to know in
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advance what information is relevant
and necessary for law enforcement and
intelligence purposes. The relevance
and utility of certain information that
may have a nexus to terrorism or other
crimes may not always be evident until
and unless it is vetted and matched with
other sources of information that are
necessarily and lawfully maintained by
the FBI.
(5) From subsection (e)(2) and (3)
because application of this provision
could present a serious impediment to
efforts to solve crimes and improve
national security. Application of these
provisions would put the subject of an
investigation on notice of that fact and
allow the subject an opportunity to
engage in conduct intended to impede
that activity or avoid apprehension.
(6) From subsection (e)(4)(I), to the
extent that this subsection is interpreted
to require more detail regarding the
record sources in this system than has
been published in the Federal Register.
Should the subsection be so interpreted,
exemption from this provision is
necessary to protect the sources of law
enforcement and intelligence
information and to protect the privacy
and safety of witnesses and informants
and others who provide information to
the FBI. Further, greater specificity of
properly classified records could
compromise national security.
(7) From subsection (e)(5) because in
the collection of information for
authorized law enforcement and
intelligence purposes, it is impossible to
determine in advance what information
is accurate, relevant, timely and
complete. With time, seemingly
irrelevant or untimely information may
acquire new significance when new
details are brought to light.
Additionally, the information may aid
in establishing patterns of activity and
providing criminal or intelligence leads.
It could impede investigative progress if
it were necessary to assure relevance,
accuracy, timeliness and completeness
of all information obtained during the
scope of an investigation. Further, some
of the records in this system come from
other agencies and it would be
administratively impossible for the FBI
to vouch for the compliance of these
agencies with this provision.
(8) From subsection (e)(8) because to
require individual notice of disclosure
of information due to compulsory legal
process would pose an impossible
administrative burden on the FBI and
may alert the subjects of law
enforcement investigations, who might
be otherwise unaware, to the fact of
those investigations.
(9) From subsections (f) and (g) to the
extent that the system is exempt from
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40541
other specific subsections of the Privacy
Act.
Dated: June 19, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer,
United States Department of Justice.
[FR Doc. 2012–16822 Filed 7–9–12; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0518]
RIN 1625–AA00
Safety Zone; Water Main Crossing;
Choctawhatchee Bay; Santa Rosa
Beach, FL
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for a
portion of the Gulf Intracoastal
Waterway in Choctawhatchee Bay,
Santa Rosa Beach, FL. This action is
necessary for the protection of persons
and vessels, on navigable waters, during
the construction of a subaqueous water
main. Entry into or transiting in this
zone, during daylight hours, will be
prohibited to all vessels, mariners, and
persons unless specifically authorized
by the Captain of the Port Mobile or a
designated representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 9, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0518 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001. Deliveries accepted between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
telephone number is 202–366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
SUMMARY:
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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
rule, call or email LT Lenell J. Carson,
Coast Guard Sector Mobile, Waterways
Management Division; telephone (251)
441–5940 or email
Lenell.J.Carson@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202)366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
wreier-aviles on DSK6TPTVN1PROD with PROPOSALS
1. Submitting Comments
If you submit a comment, please
include the docket number for this
proposed rulemaking (USCG–2012–
0518), indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0518) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
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comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the proposed rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0518) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
proposed rulemaking, we will hold one
at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
A 36″ subaqueous water main is being
constructed across the Choctawhatchee
Bay to improve water system delivery.
The water main will cross the GICW, a
federally maintained navigable channel.
Construction of the water main and the
required use of turbidity silt curtains
pose significant safety hazards to both
vessels and mariners operating in or
near the GICW. The COTP Mobile
proposes to establish a temporary safety
zone for a portion of GICW in
Choctawhatchee Bay, Santa Rosa Beach,
FL. This proposed temporary safety
zone is deemed necessary to protect
persons and vessels during construction
of the water main across the GICW. The
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legal basis and authorities for this
proposed rule are found in 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, and 160.5; Public Law
107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory safety zones.
The COTP anticipates some impact on
vessel traffic due to this proposed
regulation. However, the proposed
temporary safety zone is deemed
necessary for the protection of life and
property within the COTP Mobile zone.
C. Discussion of Proposed Rule
The Coast Guard proposes to establish
a temporary safety zone for a portion of
the GICW in Choctawhatchee Bay from
the Highway 331 fixed bridge west to
the Red Nun Buoy ‘‘26’’ (LLNR 31510),
to include the entire width of the
channel. This proposed rule will protect
the safety of life and property in this
area. Entry into or transiting in this
zone, during daylight hours, will be
prohibited to all vessels, mariners, and
persons unless specifically authorized
by the COTP Mobile or a designated
representative. The COTP may be
contacted by telephone at (251) 441–
5976.
The proposed safety zone will be
effective for the months of August and
September 2012. The COTP Mobile
anticipates that this proposed rule will
be enforced during daylight hours for
approximately seven (7) days sometime
between August and September 2012. If
the final dates are determined, dates and
times will be published in the
temporary final rule. The Coast Guard
will issue broadcast notice to mariners
and local notice to mariners of the exact
dates of enforcement of the regulation.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
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Budget has not reviewed it under those
Orders.
The temporary safety zone listed in
this proposed rule will only restrict
vessel traffic from entering or transiting
a small portion of the GICW during
daylight hours. The effect of this
regulation will not be significant for
several reasons: (1) The COTP Mobile
will issue maritime advisories widely
available to users of the waterway; (2)
this proposed rule will only affect vessel
traffic during daylight hours and that
are subject to transiting the GICW due
to draft restrictions; and (3) the impacts
on routine navigation are expected to be
minimal. Notifications to the marine
community will be made through Local
Notice to Mariners and Broadcast Notice
to Mariners. These notifications will
allow the public to plan operations
around the affected area.
wreier-aviles on DSK6TPTVN1PROD with PROPOSALS
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. This proposed
rule will affect the following entities,
some of which may be small entities:
The owners or operators of vessels
intending to transit the affected portion
of the GICW during construction of the
water main. This safety zone would not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This safety
zone is limited in size, is of short
duration and shallow draft vessel traffic
may pass safely around the temporary
safety zone.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
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not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed 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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40543
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children From
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and does
not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination With Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves safety for the public and
is not expected to result in any
significant adverse environmental
impact as described in NEPA. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
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2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
Dated: June 8, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
List of Subjects in 33 CFR Part 165
Coast Guard
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0518 to read as
follows:
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§ 165.T08–0518 Safety Zone;
Choctawhatchee Bay; Santa Rosa Beach,
FL.
(a) Location. The following area is a
temporary safety zone: a portion of the
Gulf Intracoastal Waterway in
Choctawhatchee Bay from the Highway
331 fixed bridge west to the Red Nun
Buoy ‘‘26’’ (LLNR 31510), to include the
entire width of the channel.
(b) Effective dates. This regulation is
effective from August 1, 2012 to
September 30, 2012. The Coast Guard
will issue broadcast notice to mariners
and local notice to mariners of the exact
dates of enforcement of the regulation.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Mobile or a designated representative.
(2) Persons or vessels not restricted to
navigation in the Gulf Intracoastal
Waterway by draft and that can safely
do so, may pass around the zone while
maintaining a safe distance and
transiting at slowest safe navigational
speed.
(d) Informational Broadcasts. The
Captain of the Port or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
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33 CFR Part 165
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer William N. Franklin,
Marine Safety Unit Savannah Office of
Waterways Management, Coast Guard;
telephone 912–652–4353, email
William.N.Franklin@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
[Docket No. USCG–2012–0574]
Table of Acronyms
RIN 1625–AA00
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2012–16788 Filed 7–9–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Safety Zone; ESI Ironman 70.3 Augusta
Triathlon, Savannah River; Augusta,
GA
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary safety zone on the
Savannah River in Augusta, Georgia
during the ESI Ironman 70.3 Augusta
Triathlon on Sunday, September 30,
2012. The temporary safety zone would
be necessary for the safety of the race
participants, participant vessels,
spectators, and the general public
during the 1.1 mile swim portion of the
competition. Persons and vessels would
be prohibited from entering, transiting
through, anchoring in, or remaining
within the temporary safety zone unless
authorized by the Captain of the Port
Savannah or a designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before August 9, 2012. Requests for
public meetings must be received by the
Coast Guard on or before July 15, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0574 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
DATES:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0574) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 8c by 11
inches, suitable for copying and
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]]>Agencies
[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40541-40544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16788]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0518]
RIN 1625-AA00
Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for a portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay,
Santa Rosa Beach, FL. This action is necessary for the protection of
persons and vessels, on navigable waters, during the construction of a
subaqueous water main. Entry into or transiting in this zone, during
daylight hours, will be prohibited to all vessels, mariners, and
persons unless specifically authorized by the Captain of the Port
Mobile or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before August 9, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0518 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
[[Page 40542]]
rule, call or email LT Lenell J. Carson, Coast Guard Sector Mobile,
Waterways Management Division; telephone (251) 441-5940 or email
Lenell.J.Carson@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202)366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2012-0518), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online at https://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2012-0518) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the proposed
rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2012-0518) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this proposed rulemaking, we will hold
one at a time and place announced by a later notice in the Federal
Register.
B. Basis and Purpose
A 36'' subaqueous water main is being constructed across the
Choctawhatchee Bay to improve water system delivery. The water main
will cross the GICW, a federally maintained navigable channel.
Construction of the water main and the required use of turbidity silt
curtains pose significant safety hazards to both vessels and mariners
operating in or near the GICW. The COTP Mobile proposes to establish a
temporary safety zone for a portion of GICW in Choctawhatchee Bay,
Santa Rosa Beach, FL. This proposed temporary safety zone is deemed
necessary to protect persons and vessels during construction of the
water main across the GICW. The legal basis and authorities for this
proposed rule are found in 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, and 160.5;
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
propose, establish, and define regulatory safety zones.
The COTP anticipates some impact on vessel traffic due to this
proposed regulation. However, the proposed temporary safety zone is
deemed necessary for the protection of life and property within the
COTP Mobile zone.
C. Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary safety zone for a
portion of the GICW in Choctawhatchee Bay from the Highway 331 fixed
bridge west to the Red Nun Buoy ``26'' (LLNR 31510), to include the
entire width of the channel. This proposed rule will protect the safety
of life and property in this area. Entry into or transiting in this
zone, during daylight hours, will be prohibited to all vessels,
mariners, and persons unless specifically authorized by the COTP Mobile
or a designated representative. The COTP may be contacted by telephone
at (251) 441-5976.
The proposed safety zone will be effective for the months of August
and September 2012. The COTP Mobile anticipates that this proposed rule
will be enforced during daylight hours for approximately seven (7) days
sometime between August and September 2012. If the final dates are
determined, dates and times will be published in the temporary final
rule. The Coast Guard will issue broadcast notice to mariners and local
notice to mariners of the exact dates of enforcement of the regulation.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
[[Page 40543]]
Budget has not reviewed it under those Orders.
The temporary safety zone listed in this proposed rule will only
restrict vessel traffic from entering or transiting a small portion of
the GICW during daylight hours. The effect of this regulation will not
be significant for several reasons: (1) The COTP Mobile will issue
maritime advisories widely available to users of the waterway; (2) this
proposed rule will only affect vessel traffic during daylight hours and
that are subject to transiting the GICW due to draft restrictions; and
(3) the impacts on routine navigation are expected to be minimal.
Notifications to the marine community will be made through Local Notice
to Mariners and Broadcast Notice to Mariners. These notifications will
allow the public to plan operations around the affected area.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule will affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit the affected portion of the GICW during
construction of the water main. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone is limited in size, is of
short duration and shallow draft vessel traffic may pass safely around
the temporary safety zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference With Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves safety for the public and is not expected to result in any
significant adverse environmental impact as described in NEPA. This
rule is categorically excluded from further review under paragraph
34(g) of Figure
[[Page 40544]]
2-1 of the Commandant Instruction. A preliminary environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
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 proposes
to amend 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; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Sec. 165.T08-0518 to read as follows:
Sec. 165.T08-0518 Safety Zone; Choctawhatchee Bay; Santa Rosa Beach,
FL.
(a) Location. The following area is a temporary safety zone: a
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay from
the Highway 331 fixed bridge west to the Red Nun Buoy ``26'' (LLNR
31510), to include the entire width of the channel.
(b) Effective dates. This regulation is effective from August 1,
2012 to September 30, 2012. The Coast Guard will issue broadcast notice
to mariners and local notice to mariners of the exact dates of
enforcement of the regulation.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Mobile or a designated representative.
(2) Persons or vessels not restricted to navigation in the Gulf
Intracoastal Waterway by draft and that can safely do so, may pass
around the zone while maintaining a safe distance and transiting at
slowest safe navigational speed.
(d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
Dated: June 8, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-16788 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P
