Safety Zone, Atlantic Intracoastal Waterway; North Topsail Beach, NC, 45488-45490 [2012-18716]
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Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
on the proposed rule. No public meeting
was requested, and none was held.
Coast Guard
B. Basis and Purpose
North Carolina Department of
Transportation has awarded a contract
to T.A. Loving Company of Goldsboro,
NC to perform bridge maintenance on
the NC 210 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
252.3, at North Topsail Beach, 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 115 foot
deck barge with a 30 foot beam as a
work platform and for equipment
staging. This 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 210 Fixed
Bridge at the Atlantic Intracoastal
Waterway crossing, mile 252.3, North
Topsail Beach, North Carolina. The
notification requirement will be
applicable during the maintenance
period for vessels requiring a horizontal
clearance of greater than 50 feet.
33 CFR Part 165
[Docket Number USCG–2012–0426]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; North Topsail Beach, 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 North Topsail Beach, North
Carolina. The safety zone is necessary to
provide for the safety of mariners on
navigable waters during maintenance of
the NC 210 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
252.3, at North Topsail Beach, North
Carolina. The safety zone will
temporarily restrict vessel movement.
DATES: This rule is effective from
September 1, 2012 until December 12,
2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0426]. 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:
SUMMARY:
sroberts on DSK5SPTVN1PROD with RULES
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 (NPRM) was published in
77 FR 35898. We received no comments
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Jkt 226001
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 210 Fixed Bridge crossing the
Atlantic Intracoastal Waterway, mile
252.3, at North Topsail Beach, North
Carolina (34°30′01″ N/077°25′47″ 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 210 Fixed Bridge while the
safety zone is in effect. This zone will
be in effect and enforced from 8 a.m.
September 1, 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
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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 1,
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
E:\FR\FM\01AUR1.SGM
01AUR1
Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations
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
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
INTFORMATION 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
sroberts on DSK5SPTVN1PROD with RULES
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.
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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.
45489
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
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.
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
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
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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 § 165.T05–0426 to read as
follows:
■
§ 165.T05–0426 Safety Zone; Atlantic
Intracoastal Waterway, North Topsail
Beach, 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 210 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 252.3, at North Topsail
Beach, North Carolina (34°30′01″ N/
077°25′47″ 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–
0426. In addition the following
regulations apply:
(1) All vessels and persons are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port North Carolina.
(2) 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.
(3) All vessels requiring greater than
50 feet horizontal clearance to safely
transit through the NC 210 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 252.3, at North Topsail
Beach, North Carolina must contact the
work supervisor tender on VHF–FM
marine band radio channels 13 and 16
one hour in advance of intended transit.
(4) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF–FM marine band radio channels
13 and 16.
(5) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
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Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations
(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
1, 2012 through 8 p.m. December 12,
2012 unless cancelled earlier by the
Captain of the Port.
Dated: July 16, 2012.
A. Popiel,
Captain, U.S. Coast Guard Captain of the
Port Sector North Carolina.
unknown hazards as well as provide a
safe work zone for contractor
operations.
DATES: This rule will be effective from
July 30, 2012 to August 20, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0491]. 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 Lieutenant Judson Coleman, Chief
of Waterways Management, U.S. Coast
Guard Marine Safety Unit Duluth;
telephone number (218) 720–5286,
extension 111, email at Judson.A.
Coleman@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:
[FR Doc. 2012–18716 Filed 7–31–12; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0491]
RIN 1625–AA00
Safety Zone, Barrel Recovery, Lake
Superior; Duluth, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
surrounding Tug Champion (O.N. 55
6Z93)/Barge Kokosing (O.N. 1144055)
while they conduct recovery and testing
of barrels suspected to contain
munitions waste materials which were
dumped in the 1960’s in a portion of
Lake Superior approximately between
Stoney Point and Brighton Beach,
Duluth, MN. This safety zone is
precautionary to protect recreational
vessels and marine traffic from any
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SUMMARY:
VerDate Mar<15>2010
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Jkt 226001
A. Regulatory History and 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 because the
final details for this event were not
known to the Coast Guard until there
was insufficient time remaining before
the event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect vessels from the hazards
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associated with recovery of possible
munitions waste, which are discussed
further below.
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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would also be impracticable and
contrary to the public interest.
B. Basis and Purpose
From July 30, 2012 to August 20,
2012, the Tug Champion (O.N. 55
6Z93)/Barge Kokosing (O.N. 1144055)
will recover and test barrels suspected
to contain munitions waste materials
dumped offshore in a portion of Lake
Superior approximately 50 years ago.
C. Discussion of the Final Rule
The following area is a temporary
safety zone: All waters within a 700 foot
radius of the Tug Champion (O.N. 55
6Z93)/Barge Kokosing (O.N. 1144055)as
it conducts recovery and testing of
barrels suspected of containing
munitions waste materials in the area
between Stoney Point and Brighton
Beach, up to approximately 4 miles
offshore on Lake Superior, Duluth, MN.
This safety zone will be in effect and
enforced 24 hours a day from on or
around July 30, 2012 to August 20,
2012.
This rule is deemed necessary in
order to protect vessels transiting Lake
Superior in close proximity to the Tug
Champion (O.N. 55 6Z93)/Barge
Kokosing (O.N. 1144055) from exposure
to possible unknown hazards as it
conducts recovery and testing of barrels
containing munitions parts and product
line debris. This zone does not have
specific coordinates because the Tug
Champion (O.N. 55 6Z93)/Barge
Kokosing (O.N. 1144055)will be
recovering barrels in several locations
over the course of the effective period
and a safety zone encompassing the
entire recovery area would have a
negative impact on recreational vessel
traffic.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 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
E:\FR\FM\01AUR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 148 (Wednesday, August 1, 2012)]
[Rules and Regulations]
[Pages 45488-45490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18716]
[[Page 45488]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0426]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; North Topsail Beach,
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 North Topsail Beach,
North Carolina. The safety zone is necessary to provide for the safety
of mariners on navigable waters during maintenance of the NC 210 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 252.3, at
North Topsail Beach, North Carolina. The safety zone will temporarily
restrict vessel movement.
DATES: This rule is effective from September 1, 2012 until December 12,
2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0426]. 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 (NPRM) was
published in 77 FR 35898. We received no comments on the proposed rule.
No public meeting was requested, and none was held.
B. Basis and Purpose
North Carolina Department of Transportation has awarded a contract
to T.A. Loving Company of Goldsboro, NC to perform bridge maintenance
on the NC 210 Fixed Bridge crossing the Atlantic Intracoastal Waterway,
mile 252.3, at North Topsail Beach, 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 115 foot deck barge with a 30 foot beam as a work platform
and for equipment staging. This 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 210 Fixed Bridge at the
Atlantic Intracoastal Waterway crossing, mile 252.3, North Topsail
Beach, 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 210 Fixed Bridge crossing the Atlantic Intracoastal Waterway,
mile 252.3, at North Topsail Beach, North Carolina (34[deg]30'01'' N/
077[deg]25'47'' 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 210 Fixed Bridge while the safety zone is in
effect. This zone will be in effect and enforced from 8 a.m. September
1, 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 1, 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
[[Page 45489]]
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 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
INTFORMATION 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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0426 to read as follows:
Sec. 165.T05-0426 Safety Zone; Atlantic Intracoastal Waterway, North
Topsail Beach, 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
210 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
252.3, at North Topsail Beach, North Carolina (34[deg]30'01'' N/
077[deg]25'47'' 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.T05-0426. In addition the following regulations apply:
(1) All vessels and persons are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port North
Carolina.
(2) 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.
(3) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 210 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 252.3, at North Topsail Beach, North
Carolina must contact the work supervisor tender on VHF-FM marine band
radio channels 13 and 16 one hour in advance of intended transit.
(4) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(5) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
[[Page 45490]]
(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 1, 2012 through 8 p.m. December 12, 2012 unless cancelled
earlier by the Captain of the Port.
Dated: July 16, 2012.
A. Popiel,
Captain, U.S. Coast Guard Captain of the Port Sector North Carolina.
[FR Doc. 2012-18716 Filed 7-31-12; 8:45 am]
BILLING CODE 9110-04-P
