Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC, 56587-56590 [2012-22597]
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2011–1401/Airspace
Docket No. 11–AGL–27.’’ The postcard
will be date/time stamped and returned
to the commenter.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/airports_airtraffic/
air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see
ADDRESSES section for address and
phone number) between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. An informal docket
may also be examined during normal
business hours at the office of the
Central Service Center, 2601 Meacham
Blvd., Fort Worth, TX 76137.
Persons interested in being placed on
a mailing list for future NPRMs should
contact the FAA’s Office of Rulemaking
(202) 267–9677, to request a copy of
Advisory Circular No. 11–2A, Notice of
Proposed Rulemaking Distribution
System, which describes the application
procedure.
The Proposal
This action proposes to amend Title
14, Code of Federal Regulations (14
CFR), Part 71 by amending Class E
airspace extending upward from 700
feet above the surface to accommodate
new standard instrument approach
procedures at Gaylord Regional Airport,
Gaylord, MI. The airport name would
also be updated from Otsego County
Airport to Gaylord Regional Airport, as
well as the airport’s geographic
coordinates, to coincide with the FAA’s
aeronautical database. Controlled
airspace is needed for the safety and
management of IFR operations at the
airport.
Class E airspace areas are published
in Paragraph 6005 of FAA Order
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7400.9V, dated August 9, 2011 and
effective September 15, 2011, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document would be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend controlled airspace at Gaylord
Regional Airport, Gaylord, MI.
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9V,
Airspace Designations and Reporting
Points, dated August 9, 2011, and
effective September 15, 2011, is
amended as follows:
Paragraph 6005 Class E Airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
[FR Doc. 2012–22599 Filed 9–12–12; 8:45 am]
BILLING CODE 4901–13–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0811]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Oak Island, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
SUMMARY:
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*
Issued in Fort Worth, TX, on August 29,
2012.
David P. Medina,
Manager, Operations Support Group, ATO
Central Service Center.
The Proposed Amendment
Frm 00023
*
AGL MI E5 Gaylord, MI [Amended]
Gaylord Regional Airport, MI
(Lat. 45°00′47″ N., long. 84°42′12″ W.)
Gaylord VOR/DME
(Lat. 45°00′45″ N., long. 84°42′15″ W.)
That airspace extending upward from 700
feet above the surface within a 7-mile radius
of Gaylord Regional Airport, and within 2
miles each side of the 090° bearing from the
airport extending from the 7-mile radius to
10.5 miles east of the airport, and within 8
miles north and 4 miles south of the Gaylord
VOR/DME 278° radial extending from the 7mile radius to 14.1 miles west of the airport,
and within 8 miles north and 4 miles south
of the Gaylord VOR/DME 270° radial
extending from the 7-mile radius to 14.2
miles west of the airport.
DEPARTMENT OF HOMELAND
SECURITY
Environmental Review
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56587
The Coast Guard proposes to
extend the temporary safety zone
established on the waters of the Atlantic
Intracoastal Waterway at Oak Island,
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules
North Carolina. The safety zone is
necessary to provide for the safety of
mariners on navigable waters during
maintenance on the NC 133 Fixed
Bridge crossing the Atlantic Intracoastal
Waterway, mile 311.8, at Oak Island,
North Carolina. The safety zone
extension would temporarily restrict
vessel movement within the designated
area starting on December 12, 2012
through February 14, 2013.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 28, 2012.
ADDRESSES: You may submit comments
identified by docket number 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
duplication, please use only one of
these three methods.
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
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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
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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–2012–0811 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
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 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–2012–0811 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
PO 00000
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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
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The safety zone at issue was initially
established in a previous rulemaking
under docket number USCG–2012–
0431. We published a Notice of
Proposed Rulemaking on June 15, 2012
(77 FR 35906), and after receiving no
comments, we published a temporary
final rule on July 30, 2012 (44 FR
44466).
C. Basis and Purpose
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 has been granted
an extension by North Carolina
Department of Transportation until
February 14, 2013 to complete the
bridge maintenance. The contractor will
utilize a 140 foot deck barge with a 40
foot beam as a work platform and for
equipment staging. A safety zone is
needed to provide a safety buffer to
transiting vessels as bridge repairs
present potential hazards to mariners
and property due to reduction of
horizontal clearance.
D. Discussion of Proposed Rule
The proposed 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
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. A safety zone is currently in
effect from 8 a.m. September 12, 2012
through 8 p.m. December 12, 2012, and
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules
we are proposing to extend its duration
until 8 p.m. February 14, 2013.
E. 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.
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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
Budget has not reviewed it under those
Orders. This rule would not restrict
traffic from transiting a portion of the
Atlantic Intracoastal Waterway, it would
only impose 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
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 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 p.m. December 12, 2012 through 8
p.m. February 14, 2013.
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 would apply to this section
of the Atlantic Intracoastal Waterway,
vessel traffic would be able to request
passage by providing a one hour
advanced notification. Before the
effective period, the Coast Guard would
issue maritime advisories widely
available to the users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
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17:53 Sep 12, 2012
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ADDRESSES) explaining why you think it
qualifies and how and to what degree
this 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
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 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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56589
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 rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might 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
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Proposed Rules
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 that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
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. 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; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0811 to read as
follows:
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§ 165.T05–0811 Safety Zone; Atlantic
Intracoastal Waterway, Oak Island, 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 133 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 311.8, at Oak Island,
North Carolina (33°55′18″ N/078°04′22″
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–
0811. In addition the following
regulations apply:
(1) All vessels requiring greater than
50 feet horizontal clearance to safely
transit through the NC 133 Fixed Bridge
crossing the Atlantic Intracoastal
Waterway, mile 311.8, at Oak Island,
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North Carolina must contact the work
supervisor on VHF–FM marine band
radio channels 13 and 16 one hour in
advance of intended transit.
(2) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF–FM marine band radio channels
13 and 16.
(3) 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.
(3) Work Supervisor means the
contractors on site representative.
(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 through 8 p.m.
December 12, 2012 through 8 p.m.
February 14, 2013 unless cancelled
earlier by the Captain of the Port.
Dated: August 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port Sector North Carolina.
[FR Doc. 2012–22597 Filed 9–12–12; 8:45 am]
BILLING CODE 9110–04–P
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ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1192
[Docket No. ATBCB 2010–0004]
RIN 3014–AA38
Americans With Disabilities Act (ADA)
Accessibility Guidelines for
Transportation Vehicles
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of information meeting.
AGENCY:
The Architectural and
Transportation Barriers Compliance
Board (Access Board) is holding an
information meeting in Seattle, WA on
October 2, 2012 on pending rulemaking
to revise and update accessibility
guidelines for buses, over-the-road
buses, and vans. The purpose of the
meeting is to discuss issues related to
the design and slope of bus ramps and
the space needed at the top of ramps by
individuals who use wheeled mobility
devices to access the fare collection
device and to turn into the main aisle.
DATES: The information meeting will be
held from 2:15 p.m. to 5:30 p.m. on
October 2, 2012.
ADDRESSES: The information meeting
location is Washington State
Convention Center, Rooms 611–612 (6th
level), 800 Convention Place, Seattle,
WA 98101–2350.
FOR FURTHER INFORMATION CONTACT:
Scott Windley, Office of Technical and
Information Services, Access Board,
1331 F Street NW., Suite 1000,
Washington, DC 20004–1111.
Telephone (202) 272–0025 (voice) or
(202) 272–0028 (TTY). Email address
windley@access-board.gov. Persons
planning to attend the meeting should
contact Scott Windley. More
information and any updates to the
meeting will be posted on the Access
Board’s Web site at https://www.accessboard.gov/transit/.
SUPPLEMENTARY INFORMATION: In July
2010, the Architectural and
Transportation Barriers Compliance
Board (Access Board) issued a notice of
proposed rulemaking (NPRM) to revise
and update its accessibility guidelines
for buses, over-the-road buses, and vans.
See 75 FR 43748, July 26, 2010. The
NPRM revised both the substance and
structure of the guidelines. In addition
to a new organization and format, the
NPRM included revisions to technical
requirements for ramp slopes, onboard
circulation routes, wheelchair spaces,
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Proposed Rules]
[Pages 56587-56590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22597]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0811]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to extend the temporary safety zone
established on the waters of the Atlantic Intracoastal Waterway at Oak
Island,
[[Page 56588]]
North Carolina. The safety zone is necessary to provide for the safety
of mariners on navigable waters during maintenance on the NC 133 Fixed
Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8, at Oak
Island, North Carolina. The safety zone extension would temporarily
restrict vessel movement within the designated area starting on
December 12, 2012 through February 14, 2013.
DATES: Comments and related material must be received by the Coast
Guard on or before September 28, 2012.
ADDRESSES: You may submit comments identified by docket number 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 duplication, please use only one of
these three methods.
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. 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-2012-0811 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 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-2012-0811 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 rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The safety zone at issue was initially established in a previous
rulemaking under docket number USCG-2012-0431. We published a Notice of
Proposed Rulemaking on June 15, 2012 (77 FR 35906), and after receiving
no comments, we published a temporary final rule on July 30, 2012 (44
FR 44466).
C. Basis and Purpose
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 has been granted an extension by North Carolina
Department of Transportation until February 14, 2013 to complete the
bridge maintenance. The contractor will utilize a 140 foot deck barge
with a 40 foot beam as a work platform and for equipment staging. A
safety zone is needed to provide a safety buffer to transiting vessels
as bridge repairs present potential hazards to mariners and property
due to reduction of horizontal clearance.
D. Discussion of Proposed Rule
The proposed 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[deg]55'18'' N/078[deg]04'22'' 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 133 Fixed Bridge while the safety zone
is in effect. A safety zone is currently in effect from 8 a.m.
September 12, 2012 through 8 p.m. December 12, 2012, and
[[Page 56589]]
we are proposing to extend its duration until 8 p.m. February 14, 2013.
E. 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
Budget has not reviewed it under those Orders. This rule would not
restrict traffic from transiting a portion of the Atlantic Intracoastal
Waterway, it would only impose 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
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 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 p.m. December 12, 2012 through 8 p.m.
February 14, 2013.
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 would apply to this section of the Atlantic
Intracoastal Waterway, vessel traffic would be able to request passage
by providing a one hour advanced notification. Before the effective
period, the Coast Guard would issue maritime advisories widely
available to the users of the waterway. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this 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 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 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
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this 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 rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
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
[[Page 56590]]
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 that do not individually or cumulatively have a
significant effect on the human environment. This proposed 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. 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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
2. Add Sec. 165.T05-0811 to read as follows:
Sec. 165.T05-0811 Safety Zone; Atlantic Intracoastal Waterway, Oak
Island, 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
133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22''
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.T05-0811. In addition the following regulations apply:
(1) All vessels requiring greater than 50 feet horizontal clearance
to safely transit through the NC 133 Fixed Bridge crossing the Atlantic
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina must
contact the work supervisor on VHF-FM marine band radio channels 13 and
16 one hour in advance of intended transit.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF-FM marine band radio channels 13 and 16.
(3) 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.
(3) Work Supervisor means the contractors on site representative.
(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 through
8 p.m. December 12, 2012 through 8 p.m. February 14, 2013 unless
cancelled earlier by the Captain of the Port.
Dated: August 30, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-22597 Filed 9-12-12; 8:45 am]
BILLING CODE 9110-04-P
