Safety Zone, Atlantic Intracoastal Waterway; Emerald Isle, NC, 44463-44466 [2012-18562]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0478]
Drawbridge Operation Regulations;
Gulf Intracoastal Waterway, Sarasota,
FL
Coast Guard, DHS.
Notice of temporary deviations
from regulations.
AGENCY:
ACTION:
The Commander, Seventh
Coast Guard District, has issued
temporary deviations from the
regulations governing the operation of
the following four bridges in Sarasota,
Florida: The Venice Airport Bridge, mile
54.9, across the Gulf Intracoastal
Waterway; the North Manasota Bridge,
mile 49.9, across the Gulf Intracoastal
Waterway; the Tom Adams Bridge, mile
43.5, across the Gulf Intracoastal
Waterway; and the Venice Bridge, mile
56.6, across the Gulf Intracoastal
Waterway. The deviations are necessary
to allow for participants in the Rev3
Triathlon to traverse the aforementioned
bridges without delay. These deviations
will result in the bridges remaining in
the closed position during the Rev3
Triathlon.
DATES: These deviations are effective
from 8 a.m. through 1:30 p.m. on
October 28, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0478 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0478 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Michael Lieberum, Seventh
District Bridge Branch, Coast Guard;
telephone (305) 415–6744, email
Michael.B.Lieberum@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The Rev3
Triathlon Director has requested
temporary modifications to the
operating schedules of the Venice
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
Airport Bridge, the North Manasota
Bridge, the Tom Adams Bridge, and the
Venice Avenue Bridge in Sarasota,
Florida. These deviations will result in
the aforementioned bridges remaining
in the closed position during the Rev3
Triathlon on October 28, 2012. The
Rev3 Triathlon route passes over these
four bridges. Any bridge opening during
the Rev3 Triathlon would disrupt the
race. The temporary deviations will be
in effect from 8 a.m. through 1:30 p.m.
on October 28, 2012.
The details and regular operating
schedule for each bridge are set forth
below.
1. Venice Airport Bridge, mile 54.9.
The vertical clearance of the Venice
Airport Bridge, across the Gulf
Intracoastal Waterway, is 19 feet, above
mean high water. The normal operating
schedule for the Venice Airport Bridge
is set forth in 33 CFR 117.5. 33 CFR
117.5 requires the bridge to open
promptly and fully for the passage of
vessels when a request or signal to open
is given in accordance with this subpart.
As a result of this temporary deviation,
the Venice Airport Bridge will remain
closed to navigation from 8 a.m. to 9:45
a.m. on October 28, 2012. Tugs and tugs
with tows are not exempt from this
deviation.
2. North Manasota Bridge, mile 49.9.
The vertical clearance of the North
Manasota Bridge, across the Gulf
Intracoastal Waterway, is 26 feet, above
mean high water. The normal operating
schedule for the North Manasota Bridge
is set forth in 33 CFR 117.5. 33 CFR
117.5 requires the bridge to open
promptly and fully for the passage of
vessels when a request or signal to open
is given in accordance with this subpart.
As a result of this temporary deviation,
the North Manasota Bridge will remain
closed to navigation from 8:30 a.m. to
10:50 a.m. on October 28, 2012. Tugs
and tugs with tows are not exempt from
this deviation.
3. Tom Adams Bridge, mile 43.5. The
vertical clearance of the Tom Adams
Bridge, across the Gulf Intracoastal
Waterway, is 26 feet, above mean high
water. The normal operating schedule
for the Tom Adams Bridge is set forth
in 33 CFR 117.5. 33 CFR 117.5 requires
the bridge to open promptly and fully
for the passage of vessels when a request
or signal to open is given in accordance
with this subpart. As a result of this
temporary deviation, the Tom Adams
Bridge will remain closed to navigation
from 8:50 a.m. to 10:50 a.m. on October
28, 2012. Tugs and tugs with tows are
not exempt from this deviation.
4. Venice Avenue Bridge, mile 56.6.
The vertical clearance of the Venice
Avenue Bridge, across the Gulf
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
44463
Intracoastal Waterway, is 30 feet, above
mean high water. The normal operating
schedule for the Venice Avenue Bridge
is set forth in 33 CFR 117.287 (a–2). 33
CFR 117.287 (a–2) requires the bridge to
open on signal, except that from 7 a.m.
to 4:30 p.m., Monday through Friday
except Federal holidays, the draw need
open only at 10 minutes after the hour,
30 minutes after the hour and 50
minutes after the hour and except
between 4:35 p.m. and 5:35 p.m. when
the draw need not open. As a result of
this temporary deviation, the Venice
Avenue Bridge will remain closed to
navigation from 10:20 a.m. to 1:30 p.m.
on October 28, 2012. Tugs and tugs with
tows are not exempt from this deviation.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedules
immediately at the end of the
designated time period. These
deviations from the operating
regulations are authorized under 33 CFR
117.35.
Dated: July 16, 2012.
B.L. Dragon,
Bridge Program Director, Seventh Coast
Guard District.
[FR Doc. 2012–18457 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0432]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Emerald Isle, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Atlantic Intracoastal
Waterway at Emerald Isle, North
Carolina. The safety zone is necessary to
provide for the safety of mariners on
navigable waters during maintenance of
the NC 58 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
226, at Emerald Isle, North Carolina.
The safety zone will temporarily restrict
vessel movement within the designated
area.
DATES: This rule is effective from
September 12, 2012 until December 12,
2012 and will be enforced from 8 a.m.
on September 12, 2012 until 8 p.m. on
December 12, 2012.
SUMMARY:
E:\FR\FM\30JYR1.SGM
30JYR1
44464
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
Documents mentioned in
this preamble are part of docket [USCG–
2012–0432]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email CWO4 Joseph M. Edge, U.S. Coast
Guard Sector North Carolina; telephone
252–247–4525, email
Joseph.M.Edge@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:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
tkelley on DSK3SPTVN1PROD with RULES
A. Regulatory History and Information
On June 15, 2012 a Notice of Proposed
Rule Making (NRPM) was published in
77 FR 35903. We received no comments
on the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
The legal basis for this rule is 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. which collectively authorize the
Coast Guard to define regulatory safety
zones.
North Carolina Department of
Transportation has contracted Marine
Contracting Corporation of Virginia
Beach, Virginia to perform bridge
maintenance on the NC 58 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 226, at Emerald Isle,
North Carolina. The contract provides
for replacement of the fender system to
commence on September 12, 2012 with
a completion date of December 12, 2012.
The contractor will utilize a 140 foot
deck barge with a 40 foot beam as a
work platform and for equipment
staging. This safety zone will provide a
safety buffer for transiting vessels as
bridge repairs present potential hazards
to mariners and property due to
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
reduction of horizontal clearance.
During this period the Coast Guard will
require a one-hour notification to the
work supervisor at NC 58 Fixed Bridge,
Atlantic Intracoastal Waterway crossing,
mile 226, Emerald Isle, North Carolina.
The notification requirement will be
applicable during the maintenance
period for vessels requiring a horizontal
clearance of greater than 50 feet.
C. Discussion of Comments, Changes
and the Final Rule
We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
The temporary safety zone will
encompass the waters directly under the
NC 58 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
226, at Emerald Isle, North Carolina
(34°40′28″ N, 077°03′56″ W). All vessels
transiting this section of the waterway
requiring a horizontal clearance of
greater than 50 feet will be required to
make a one-hour advanced notification
to the work supervisor at the NC 58
Fixed Bridge while the safety zone is in
effect. This zone will be in effect and
enforced from 8 a.m. September 12,
2012 through 8 p.m. December 12, 2012.
D. 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.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This rule does restrict traffic
from transiting a portion of the Atlantic
Intracoastal Waterway; it merely
imposes a one-hour notification to
ensure the waterway is clear of
impediment to allow passage to vessels
requiring a horizontal clearance of
greater than 50 feet.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Small Business Administration on this
rule. 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 would affect the following
entities, some of which may be small
entities: The owners or operators of
commercial tug and barge companies,
recreational and commercial fishing
vessels intending to transit the specified
portion of Atlantic Intracoastal
Waterway from 8 a.m. September 12,
2012 through 8 p.m. December 12, 2012.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone will apply to this section of
the Atlantic Intracoastal Waterway,
vessel traffic will be able to request
passage by providing a one-hour
advanced notification. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to the users of the waterway.
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 rule. If the 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.
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.
4. Collection of Information
This 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
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
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 rule under that Order and
determined that this rule 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will 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 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
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.
tkelley on DSK3SPTVN1PROD with RULES
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,
15:44 Jul 27, 2012
Jkt 226001
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary safety
zone. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An 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 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:
■
11. Indian Tribal Governments
VerDate Mar<15>2010
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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 temporary § 165.T05–0432 to
read as follows:
■
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
44465
§ 165.T05–0432 Safety Zone; Atlantic
Intracoastal Waterway, Emerald Isle, NC.
(a) Regulated Area. The following area
is a safety zone: This zone includes the
waters directly under and 100 yards
either side of the NC 58 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 226, at Emerald Isle,
North Carolina (latitude 34°40′28″ N,
longitude 077°03′56″ W).
(b) Regulations. The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this temporary section, § 165.T05–
0432. In addition the following
regulations apply:
(1) All vessels requiring greater than
50 feet horizontal clearance are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port North Carolina. All
other vessels are required to transit the
zone at no wake speeds.
(2) All vessels requiring greater than
50 feet horizontal clearance to safely
transit through the NC 58 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 226, at Emerald Isle,
North Carolina must contact the work
supervisor on VHF–FM marine band
radio channels 13 and 16 one hour in
advance of intended transit.
(3) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF–FM marine band radio channels
13 and 16.
(4) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign; and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(c) Definitions. (1) Captain of the Port
North Carolina means the Commander,
Coast Guard Sector North Carolina or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port to act on his
behalf.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
North Carolina to assist in enforcing the
safety zone described in paragraph (a) of
this section.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced from 8 a.m. September
12, 2012 through 8 p.m. December 12,
E:\FR\FM\30JYR1.SGM
30JYR1
44466
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
2012 unless cancelled earlier by the
Captain of the Port.
Dated: July 19, 2012.
A. Popiel,
Captain, U.S. Coast Guard Captain of the
Port U.S. Coast Guard Sector North Carolina.
[FR Doc. 2012–18562 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–04–P
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
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
On June 15, 2012 a Notice of Proposed
Rule Making (NPRM) was published in
77 FR 35906. We received no comments
on the proposed rule. No public meeting
was requested, and none was held.
Coast Guard
33 CFR Part 165
B. Basis and Purpose
[Docket Number USCG–2012–0431]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Oak Island, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Atlantic Intracoastal
Waterway at Oak Island, North Carolina.
The safety zone is necessary to provide
for the safety of mariners on navigable
waters during maintenance of the NC
133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at
Oak Island, North Carolina. The safety
zone will temporarily restrict vessel
movement.
SUMMARY:
This rule is effective from
September 12, 2012 until December 12,
2012 and will be enforced from 8 a.m.
on September 12, 2012 until 8 p.m. on
December 12, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0431]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email CWO4 Joseph M. Edge, U.S. Coast
Guard Sector North Carolina; telephone
252–247–4525, email
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
tkelley on DSK3SPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
The legal basis for this rule is 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. which
collectively authorize the Coast Guard
to define regulatory safety zones.
North Carolina Department of
Transportation has awarded a contract
to Marine Contracting Corporation of
Virginia Beach, Virginia to perform
bridge maintenance on the NC 133
Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at
Oak Island, North Carolina. The contract
provides for replacing the fender system
to commence on September 12, 2012
with a completion date of December 12,
2012. The contractor will utilize a 140
foot deck barge with a 40 foot beam as
a work platform and for equipment
staging. The safety zone will provide a
safety buffer to transiting vessels as
bridge repairs present potential hazards
to mariners and property due to
reduction of horizontal clearance.
During this period the Coast Guard will
require a one hour notification to the
work supervisor at the NC 133 Fixed
Bridge at the Atlantic Intracoastal
Waterway crossing, mile 311.8, Oak
Island, North Carolina. The notification
requirement will be applicable during
the maintenance period for vessels
requiring a horizontal clearance of
greater than 50 feet.
C. Discussion of Comments, Changes
and the Final Rule
We received no comments on the
proposed rule. No public meeting was
requested, and none was held.
The temporary safety zone will
encompass the waters directly under the
NC 133 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina
(33°55′18″ N/078°04′22″ W). All vessels
transiting this section of the waterway
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
requiring a horizontal clearance of
greater than 50 feet will be required to
make a one hour advanced notification
to the work supervisor at the NC 133
Fixed Bridge while the safety zone is in
effect. This zone will be in effect and
enforced from 8 a.m. September 12,
2012 through 8 p.m. December 12, 2012.
D. 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.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This rule does restrict traffic
from transiting a portion of the Atlantic
Intracoastal Waterway; it imposes a one
hour notification to ensure the
waterway is clear of impediment to
allow passage to vessels requiring a
horizontal clearance of greater than 50
feet.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on this
rule. 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 would affect the following
entities, some of which may be small
entities: The owners or operators of
commercial tug and barge companies,
recreational and commercial fishing
vessels intending to transit the specified
portion of Atlantic Intracoastal
Waterway from 8 a.m. September 12,
2012 through 8 p.m. December 12, 2012.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone will apply to this section of
the Atlantic Intracoastal Waterway,
vessel traffic will be able to request
passage by providing a one hour
advanced notification. Before the
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44463-44466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18562]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0432]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Emerald Isle, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Intracoastal Waterway at Emerald Isle, North
Carolina. The safety zone is necessary to provide for the safety of
mariners on navigable waters during maintenance of the NC 58 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 226, at
Emerald Isle, North Carolina. The safety zone will temporarily restrict
vessel movement within the designated area.
DATES: This rule is effective from September 12, 2012 until December
12, 2012 and will be enforced from 8 a.m. on September 12, 2012 until 8
p.m. on December 12, 2012.
[[Page 44464]]
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0432]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North
Carolina; telephone 252-247-4525, email Joseph.M.Edge@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
A. Regulatory History and Information
On June 15, 2012 a Notice of Proposed Rule Making (NRPM) was
published in 77 FR 35903. We received no comments on the proposed rule.
No public meeting was requested, and none was held.
B. Basis and Purpose
The legal basis for this rule is 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. which collectively authorize the Coast Guard to
define regulatory safety zones.
North Carolina Department of Transportation has contracted Marine
Contracting Corporation of Virginia Beach, Virginia to perform bridge
maintenance on the NC 58 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 226, at Emerald Isle, North Carolina. The
contract provides for replacement of the fender system to commence on
September 12, 2012 with a completion date of December 12, 2012. The
contractor will utilize a 140 foot deck barge with a 40 foot beam as a
work platform and for equipment staging. This safety zone will provide
a safety buffer for transiting vessels as bridge repairs present
potential hazards to mariners and property due to reduction of
horizontal clearance. During this period the Coast Guard will require a
one-hour notification to the work supervisor at NC 58 Fixed Bridge,
Atlantic Intracoastal Waterway crossing, mile 226, Emerald Isle, North
Carolina. The notification requirement will be applicable during the
maintenance period for vessels requiring a horizontal clearance of
greater than 50 feet.
C. Discussion of Comments, Changes and the Final Rule
We received no comments on the proposed rule. No public meeting was
requested, and none was held.
The temporary safety zone will encompass the waters directly under
the NC 58 Fixed Bridge crossing the Atlantic Intracoastal Waterway,
mile 226, at Emerald Isle, North Carolina (34[deg]40'28'' N,
077[deg]03'56'' W). All vessels transiting this section of the waterway
requiring a horizontal clearance of greater than 50 feet will be
required to make a one-hour advanced notification to the work
supervisor at the NC 58 Fixed Bridge while the safety zone is in
effect. This zone will be in effect and enforced from 8 a.m. September
12, 2012 through 8 p.m. December 12, 2012.
D. 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.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule does restrict
traffic from transiting a portion of the Atlantic Intracoastal
Waterway; it merely imposes a one-hour notification to ensure the
waterway is clear of impediment to allow passage to vessels requiring a
horizontal clearance of greater than 50 feet.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 would affect the following entities, some of
which may be small entities: The owners or operators of commercial tug
and barge companies, recreational and commercial fishing vessels
intending to transit the specified portion of Atlantic Intracoastal
Waterway from 8 a.m. September 12, 2012 through 8 p.m. December 12,
2012.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic will be able to request passage
by providing a one-hour advanced notification. Before the effective
period, the Coast Guard will issue maritime advisories widely available
to the users of the waterway.
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 rule. If the 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.
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.
4. Collection of Information
This 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
[[Page 44465]]
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 rule under that Order and determined that this rule 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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 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
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
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
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; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-0432 to read as follows:
Sec. 165.T05-0432 Safety Zone; Atlantic Intracoastal Waterway,
Emerald Isle, NC.
(a) Regulated Area. The following area is a safety zone: This zone
includes the waters directly under and 100 yards either side of the NC
58 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 226,
at Emerald Isle, North Carolina (latitude 34[deg]40'28'' N, longitude
077[deg]03'56'' W).
(b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05-0432. In addition the following regulations apply:
(1) All vessels requiring greater than 50 feet horizontal clearance
are prohibited from entering this zone, except as authorized by the
Coast Guard Captain of the Port North Carolina. All other vessels are
required to transit the zone at no wake speeds.
(2) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 58 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 226, at Emerald Isle, North Carolina must
contact the work supervisor on VHF-FM marine band radio channels 13 and
16 one hour in advance of intended transit.
(3) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(4) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign; and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign.
(c) Definitions. (1) Captain of the Port North Carolina means the
Commander, Coast Guard Sector North Carolina or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port North Carolina to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from 8 a.m.
September 12, 2012 through 8 p.m. December 12,
[[Page 44466]]
2012 unless cancelled earlier by the Captain of the Port.
Dated: July 19, 2012.
A. Popiel,
Captain, U.S. Coast Guard Captain of the Port U.S. Coast Guard Sector
North Carolina.
[FR Doc. 2012-18562 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P
