Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa Beach, FL, 56772-56775 [2012-22634]

Download as PDF 56772 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations The rule will be effective on November 23, 2012 unless comments are received that would result in a contrary determination. Comments will be accepted on or before November 13, 2012. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 4800 Mark Center Drive; East Tower, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. DATES: adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in these Executive orders. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. Chapter 6) It has been determined that Privacy Act rules for the Department of Defense do not have significant economic impact on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the Department of Defense. Ms. Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) Direct Final Rule and Significant Adverse Comments DoD has determined this rulemaking meets the criteria for a direct final rule because it involves nonsubstantive changes dealing with DoD’s management of its Privacy Programs. DoD expects no opposition to the changes and no significant adverse comments. However, if DoD receives a significant adverse comment, the Department will withdraw this direct final rule by publishing a notice in the Federal Register. A significant adverse comment is one that explains: (1) Why the direct final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without a change. In determining whether a comment necessitates withdrawal of this direct final rule, DoD will consider whether it warrants a substantive response in a notice and comment process. It has been determined that Privacy Act rules for the Department of Defense impose no additional information collection requirements on the public under the Paperwork Reduction Act of 1995. FOR FURTHER INFORMATION CONTACT: wreier-aviles on DSK5TPTVN1PROD with RULES Robin Patterson at 202–685–6546. SUPPLEMENTARY INFORMATION: Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ It has been determined that Privacy Act rules for the Department of Defense are not significant rules. The rules do not (1) Have an annual effect on the economy of $100 million or more or VerDate Mar<15>2010 14:15 Sep 13, 2012 Jkt 226001 Section 202, Public Law 104–4, ‘‘Unfunded Mandates Reform Act’’ It has been determined that Privacy Act rules for the Department of Defense do not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments. Executive Order 13132, ‘‘Federalism’’ It has been determined that Privacy Act rules for the Department of Defense do not have federalism implications. The rules do not have substantial direct effects 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. PART 701—AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC 1. The authority citation for 32 CFR part 701 continues to read as follows: ■ Authority: Pub. L. 93–579, 88 Stat. 1896 (5 U.S.C. 552a). Subpart G—Privacy Act Exemptions 2. In § 701.128, add paragraph (x) to read as follows: ■ § 701.128 Exemptions for specific Navy record systems. * * * * * (x) System identifier and name: N05800–2, Professional Responsibility Files. (1) Exemptions: Investigatory material compiled for law enforcement purposes, may be exempt pursuant to 5 U.S.C. 552(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or which he would otherwise be eligible, as a result of maintenance of the information, the individual will be provided access to the information except to the extent that disclosure would reveal the identity of a confidential source. Any portion of this record system which falls within the provisions of 5 U.S.C. 552a(k)(2) may be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d)(1) through (5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I). (2) Authority: 5 U.S.C. 552a(k)(2). (3) The reason for asserting this exemption (k)(2) is to ensure the integrity of the litigation process. Dated: September 11, 2012. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2012–22673 Filed 9–13–12; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–0518] RIN 1625–AA00 List of Subjects in 32 CFR Part 701 Privacy. Accordingly, 32 CFR part 701 is amended as follows: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa Beach, FL AGENCY: E:\FR\FM\14SER1.SGM Coast Guard, DHS. 14SER1 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations ACTION: Temporary final rule. The Coast Guard is establishing a temporary safety zone for a portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay, Santa Rosa Beach, FL. This action is necessary for the protection of persons and vessels, on navigable waters, during the construction of a subaqueous water main. Entry into or transiting in this zone will be prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port Mobile or a designated representative. DATES: This rule is effective from September 14, 2012 to October 14, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2012–0518. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 temporary rule, call or email LT Lenell J. Carson, Sector Mobile, Waterways Division, U.S. Coast Guard; telephone 251–441–5940, email Lenell.J.Carson@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Acronyms wreier-aviles on DSK5TPTVN1PROD with RULES DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking GICW Gulf Intracoastal Waterway COTP Captain of the Port LLNR Light List Number A. Regulatory History and Information The Coast Guard published a NPRM in the Federal Register on July 10, 2012 (77 FR 40541), providing proper notice and opportunity to comment on this rule. No comments were received nor were there any requests for a public meeting. The Coast Guard is making this rule effective less than 30 days after publication in the Federal Register pursuant to authority the Administrative Procedure Act (APA) (5 U.S.C. 533(d)). This provision VerDate Mar<15>2010 14:15 Sep 13, 2012 Jkt 226001 authorizes an agency to make a rule effective less than 30 days after publication in the Federal Register 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(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. This action is necessary for the protection of persons and vessels, on navigable waters, during the construction of a subaqueous water main that begun in June 2012. It would be contrary to public interest to delay the effective date of the rule. B. Basis and Purpose A 36″ subaqueous water main is being constructed across the Choctawhatchee Bay to improve water system delivery. The water main will cross the GICW, a federally maintained navigable channel. Construction of the water main and the required use of turbidity silt curtains pose significant safety hazards to both vessels and mariners operating in or near the GICW. The COTP Mobile is establishing a temporary safety zone for a portion of GICW in Choctawhatchee Bay, Santa Rosa Beach, FL. This temporary safety zone is deemed necessary to protect persons and vessels during construction of the water main across the GICW. The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to propose, establish, and define regulatory safety zones. The COTP anticipates some impact on vessel traffic due to this regulation. However, the temporary safety zone is deemed necessary for the protection of life and property within the COTP Mobile zone. C. Discussion of Comments, Changes and the Temporary Final Rule There were no comments received by the Coast Guard during the NPRM process; however the regulatory text for this rule has been amended reflecting an updated effective period and anticipated closure times for the safety zone. The original effective date of August 1, 2012 to September 30, 2012 has been amended to read; September 14, 2012 to October 14, 2012. This amendment is necessary to reflect changes in the project’s timeline. Also the regulatory text ‘‘during daylight hours’’ is being PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 56773 removed and amended to reflect more accurate closure times for the safety zone. The Coast Guard is establishing a temporary safety zone for a portion of the GICW in Choctawhatchee Bay from the Highway 331 fixed bridge west to the Red Nun Buoy ‘‘26’’ (LLNR 31510), to include the entire width of the channel. This rule will protect the safety of life and property in this area. Entry into or transiting in this zone will be prohibited to all vessels, mariners, and persons unless specifically authorized by the COTP Mobile or a designated representative. The COTP may be contacted by telephone at (251) 441– 5976. This rule will be effective and enforceable with actual notice from September 14, 2012 to October 14, 2012. The COTP Mobile anticipates that this rule will be enforced for approximately three (3) days, to include a complete Twenty-Four (24) hour closure of the GICW. The COTP Mobile or a designated representative will inform the public through Broadcast Notices to Mariners of the specific enforcement periods throughout the water main construction project as well as any changes in the safety zone. D. Regulatory Analyses We developed this 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 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. The temporary safety zone listed in this rule will only restrict vessel traffic from entering or transiting a small portion of the GICW. The effect of this regulation will not be significant for several reasons: (1) The COTP Mobile will issue maritime advisories widely available to users of the waterway; (2) this rule will only affect vessel traffic that are subject to transiting the GICW due to draft restrictions; and (3) the impacts on routine navigation are expected to be minimal. Notifications to the marine community will be made E:\FR\FM\14SER1.SGM 14SER1 56774 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations through Local Notices to Mariners and Broadcast Notices to Mariners. These notifications will allow the public to plan operations around the affected area. wreier-aviles on DSK5TPTVN1PROD with RULES 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 will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the affected portion of the GICW during construction of the water main. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. This safety zone is limited in size, is of short duration and shallow draft vessel traffic may pass safely around the temporary safety zone. 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). VerDate Mar<15>2010 14:15 Sep 13, 2012 Jkt 226001 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 have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This 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 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 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 rule 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 made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone for a portion of the GICW in Choctawhatchee Bay, Santa Rosa Beach, FL, for the safety of the public and is not expected to result in any significant adverse environmental impact as described in NEPA. This rule is categorically excluded from further review under paragraph 34(g) of Figure 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. List of Subjects 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. E:\FR\FM\14SER1.SGM 14SER1 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T08–0518 to read as follows: ■ § 165.T08–0518 Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa Beach, FL. (a) Location. The following area is a temporary safety zone: A portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay from the Highway 331 fixed bridge west to the Red Nun Buoy ‘‘26’’ (LLNR 31510), to include the entire width of the channel. (b) Effective dates. This rule is effective from September 14, 2012 to October 14, 2012. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port Mobile or a designated representative. (2) Persons or vessels not restricted to navigation in the Gulf Intracoastal Waterway by draft and that can safely do so, may pass around the zone while maintaining a safe distance and transiting at slowest safe navigational speed. (d) Informational Broadcasts. The Captain of the Port or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone as well as any changes in the planned schedule. Dated: August 22, 2012. D.J. Rose, Captain, U.S. Coast Guard, Captain of the Port Mobile. [FR Doc. 2012–22634 Filed 9–13–12; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2011–0492; FRL–9726–6] Approval and Promulgation of Implementation Plans; California; Determinations of Attainment for the 1997 8-Hour Ozone Standard Environmental Protection Agency (EPA). ACTION: Direct final rule. wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: EPA is making several determinations relating to 1997 8-hour ozone nonattainment areas in California. First, EPA is determining that six 8-hour ozone nonattainment areas in California (Amador and Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne SUMMARY: VerDate Mar<15>2010 14:15 Sep 13, 2012 Jkt 226001 Counties, Nevada County, and Sutter County) (‘‘six CA areas’’) attained the 1997 8-hour ozone national ambient air quality standard (NAAQS) by their applicable attainment dates. Second, in making these determinations for Mariposa and Tuolumne Counties and Nevada County, EPA is also granting them one-year attainment date extensions. Lastly, EPA is determining that the six CA areas and the Ventura County 8-hour ozone nonattainment area in CA have attained and continue to attain the 1997 8-hour ozone NAAQS based on the most recent three years of data. Under the provisions of EPA’s ozone implementation rule, these determinations suspend the requirements for these areas to submit revisions to the state implementation plan related to attainment of the 1997 8hour ozone standard for as long as these areas continue to meet the 1997 8-hour ozone NAAQS. DATES: These actions are effective on November 13, 2012 without further notice, unless EPA receives adverse comment by October 15, 2012. We are publishing these rules without prior proposal because the Agency views them as noncontroversial actions and anticipates no adverse comments. In the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal should adverse comments be filed. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2011–0492 by one of the following methods: 1. Federal eRulemaking Portal, at www.regulations.gov, please follow the on-line instructions; 2. Email to ungvarsky.john@epa.gov; or 3. Mail or delivery to John Ungvarsky, Air Planning Office, AIR–2, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information you consider to be CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 56775 www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email directly to EPA, your email address will be automatically captured and included as part of the public comment. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office, AIR–2, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901, telephone number (415) 972–3963, or email ungvarsky.john@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean EPA. We are providing the following outline to aid in locating information in this rule. Table of Contents I. What determinations is EPA making? II. What is the background for these actions? A. Ozone NAAQS B. EPA Designations and Classifications of Ozone Nonattainment Areas C. One-Year Attainment Date Extensions D. Determinations of Attainment by Areas’ Attainment Deadline and Determinations of Continued Attainment E. Ambient Air Quality Monitoring Data III. What are the effects of these actions? A. Attainment Date Extensions B. Determinations of Attainment by Areas’ Applicable Attainment Dates C. Determinations of Current Attainment and 40 CFR 51.918 IV. What is EPA’s analysis of the relevant air quality data? A. Monitoring Network and Data Considerations E:\FR\FM\14SER1.SGM 14SER1

Agencies

[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Rules and Regulations]
[Pages 56772-56775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22634]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0518]
RIN 1625-AA00


Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa 
Beach, FL

AGENCY: Coast Guard, DHS.

[[Page 56773]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay, Santa 
Rosa Beach, FL. This action is necessary for the protection of persons 
and vessels, on navigable waters, during the construction of a 
subaqueous water main. Entry into or transiting in this zone will be 
prohibited to all vessels, mariners, and persons unless specifically 
authorized by the Captain of the Port Mobile or a designated 
representative.

DATES: This rule is effective from September 14, 2012 to October 14, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0518. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 
temporary rule, call or email LT Lenell J. Carson, Sector Mobile, 
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email 
Lenell.J.Carson@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number

A. Regulatory History and Information

    The Coast Guard published a NPRM in the Federal Register on July 
10, 2012 (77 FR 40541), providing proper notice and opportunity to 
comment on this rule. No comments were received nor were there any 
requests for a public meeting.
    The Coast Guard is making this rule effective less than 30 days 
after publication in the Federal Register pursuant to authority the 
Administrative Procedure Act (APA) (5 U.S.C. 533(d)). This provision 
authorizes an agency to make a rule effective less than 30 days after 
publication in the Federal Register 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(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. This action is 
necessary for the protection of persons and vessels, on navigable 
waters, during the construction of a subaqueous water main that begun 
in June 2012. It would be contrary to public interest to delay the 
effective date of the rule.

B. Basis and Purpose

    A 36'' subaqueous water main is being constructed across the 
Choctawhatchee Bay to improve water system delivery. The water main 
will cross the GICW, a federally maintained navigable channel. 
Construction of the water main and the required use of turbidity silt 
curtains pose significant safety hazards to both vessels and mariners 
operating in or near the GICW. The COTP Mobile is establishing a 
temporary safety zone for a portion of GICW in Choctawhatchee Bay, 
Santa Rosa Beach, FL. This temporary safety zone is deemed necessary to 
protect persons and vessels during construction of the water main 
across the GICW. The legal basis and authorities for this rule are 
found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 
116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to propose, 
establish, and define regulatory safety zones.
    The COTP anticipates some impact on vessel traffic due to this 
regulation. However, the temporary safety zone is deemed necessary for 
the protection of life and property within the COTP Mobile zone.

C. Discussion of Comments, Changes and the Temporary Final Rule

    There were no comments received by the Coast Guard during the NPRM 
process; however the regulatory text for this rule has been amended 
reflecting an updated effective period and anticipated closure times 
for the safety zone. The original effective date of August 1, 2012 to 
September 30, 2012 has been amended to read; September 14, 2012 to 
October 14, 2012. This amendment is necessary to reflect changes in the 
project's timeline. Also the regulatory text ``during daylight hours'' 
is being removed and amended to reflect more accurate closure times for 
the safety zone.
    The Coast Guard is establishing a temporary safety zone for a 
portion of the GICW in Choctawhatchee Bay from the Highway 331 fixed 
bridge west to the Red Nun Buoy ``26'' (LLNR 31510), to include the 
entire width of the channel. This rule will protect the safety of life 
and property in this area. Entry into or transiting in this zone will 
be prohibited to all vessels, mariners, and persons unless specifically 
authorized by the COTP Mobile or a designated representative. The COTP 
may be contacted by telephone at (251) 441-5976.
    This rule will be effective and enforceable with actual notice from 
September 14, 2012 to October 14, 2012. The COTP Mobile anticipates 
that this rule will be enforced for approximately three (3) days, to 
include a complete Twenty-Four (24) hour closure of the GICW. The COTP 
Mobile or a designated representative will inform the public through 
Broadcast Notices to Mariners of the specific enforcement periods 
throughout the water main construction project as well as any changes 
in the safety zone.

D. Regulatory Analyses

    We developed this 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 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.
    The temporary safety zone listed in this rule will only restrict 
vessel traffic from entering or transiting a small portion of the GICW. 
The effect of this regulation will not be significant for several 
reasons: (1) The COTP Mobile will issue maritime advisories widely 
available to users of the waterway; (2) this rule will only affect 
vessel traffic that are subject to transiting the GICW due to draft 
restrictions; and (3) the impacts on routine navigation are expected to 
be minimal. Notifications to the marine community will be made

[[Page 56774]]

through Local Notices to Mariners and Broadcast Notices to Mariners. 
These notifications will allow the public to plan operations around the 
affected area.

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 will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit the affected portion of the GICW during 
construction of the water main. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone is limited in size, is of 
short duration and shallow draft vessel traffic may pass safely around 
the temporary safety zone.

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 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 have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This 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 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 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 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 rule 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 made a 
preliminary determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. This rule involves a temporary safety 
zone for a portion of the GICW in Choctawhatchee Bay, Santa Rosa Beach, 
FL, for the safety of the public and is not expected to result in any 
significant adverse environmental impact as described in NEPA. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 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.

List of Subjects 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.

[[Page 56775]]

107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T08-0518 to read as follows:


Sec.  165.T08-0518  Safety Zone; Water Main Crossing; Choctawhatchee 
Bay; Santa Rosa Beach, FL.

    (a) Location. The following area is a temporary safety zone: A 
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay from 
the Highway 331 fixed bridge west to the Red Nun Buoy ``26'' (LLNR 
31510), to include the entire width of the channel.
    (b) Effective dates. This rule is effective from September 14, 2012 
to October 14, 2012.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.
    (2) Persons or vessels not restricted to navigation in the Gulf 
Intracoastal Waterway by draft and that can safely do so, may pass 
around the zone while maintaining a safe distance and transiting at 
slowest safe navigational speed.
    (d) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule.

    Dated: August 22, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-22634 Filed 9-13-12; 8:45 am]
BILLING CODE 9110-04-P