Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach, NC, 2650-2653 [2013-00513]
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Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520). The collections
of information in 21 CFR part 812 have
been approved under OMB control
number 0910–0078; the collections of
information in part 807, subpart E, have
been approved under OMB control
number 0910–0120; the collections of
information in 21 CFR part 814, subpart
B, have been approved under OMB
control number 0910–0231; and the
collections of information under 21 CFR
part 801 have been approved under
OMB control number 0910–0485.
XI. Proposed Effective Date
FDA is proposing that any final order
based on this proposal become effective
on the date of its publication in the
Federal Register or at a later date if
stated in the final order.
XII. Comments
Interested persons may submit either
electronic comments regarding this
document to https://www.regulations.gov
or written comments to the Division of
Dockets Management (see ADDRESSES). It
is only necessary to send one set of
comments. Identify comments with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday, and
will be posted to the docket at https://
www.regulations.gov.
List of Subjects in 21 CFR Part 872
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 872 be amended as follows:
PART 872—DENTAL DEVICES
BILLING CODE 4160–01–P
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 872.3640 is amended by
revising paragraphs (a) and (b)(2) to read
as follows:
■
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Endosseous dental implant.
(a) Identification. An endosseous
dental implant is a prescription device
made of a material such as titanium or
titanium alloy that is intended to be
surgically placed in the bone of the
upper or lower jaw arches to provide
support for prosthetic devices, such as
artificial teeth, in order to restore a
patient’s chewing function.
(b) * * *
(2) Class II (special controls). The
device is classified as class II if it is a
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Dated: January 4, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–00388 Filed 1–11–13; 8:45 am]
1. The authority citation for 21 CFR
part 872 continues to read as follows:
■
§ 872.3640
blade-form endosseous dental implant.
The special controls for this device are:
(i) The design characteristics of the
device must ensure that the geometry
and material composition are consistent
with the intended use;
(ii) Mechanical performance (fatigue)
testing under simulated physiological
conditions to demonstrate maximum
load (endurance limit) when the device
is subjected to compressive and shear
loads;
(iii) Corrosion testing under simulated
physiological conditions to demonstrate
corrosion potential of each metal or
alloy, couple potential for an assembled
dissimilar metal implant system, and
corrosion rate for an assembled
dissimilar metal implant system;
(iv) The device must be demonstrated
to be biocompatible;
(v) Sterility testing must demonstrate
the sterility of the device;
(vi) Performance testing to evaluate
the compatibility of the device in a
magnetic resonance (MR) environment;
(vii) Labeling must include a clear
description of the technological
features, how the device should be used
in patients, detailed surgical protocol
and restoration procedures, and relevant
precautions and warnings based on the
clinical use of the device;
(viii) Patient labeling must contain a
description of how the devices works,
how the device is placed, how the
patient needs to care for the implant,
possible adverse events and how to
report any complications; and
(ix) Documented clinical experience
must demonstrate safe and effective use
and capture any adverse events
observed during clinical use.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2012–1082]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Wrightsville Beach, NC
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
The Coast Guard proposes to
extend the temporary safety zone
SUMMARY:
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
33 CFR Part 165
ACTION:
established on the waters of the Atlantic
Intracoastal Waterway at Wrightsville
Beach, North Carolina. The safety zone
is necessary to provide for the safety of
mariners on navigable waters during
maintenance on the US 74/76 Bascule
Bridge crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, North Carolina. The safety zone
extension will temporarily restrict
vessel movement within the designated
area starting on May 1, 2013 through
July 27, 2013.
DATES: Comments and related material
must be received by the Coast Guard on
or before February 13, 2013.
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 proposed
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:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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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–2012–1082) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 8c by 11
inches, suitable for copying and
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.
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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–2012–1082) 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
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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 Coast Guard is proposing to
extend a safety zone originally
established by a final rule published
July 17, 2002, entitled ‘‘Safety Zones:
Atlantic Intracoastal Waterway;
Wrightsville Beach, NC’’ (77 FR 41911,
docket number USCG–2012–0368).
C. Basis and Purpose
North Carolina Department of
Transportation has awarded a contract
to American Bridge Company of
Coraopolis, PA to perform bridge
maintenance on the U.S. 74/76 Bascule
Bridge crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, North Carolina. The contract
provides for cleaning, painting, steel
repair, and grid floor replacement to
commence on September 1, 2012. The
original completion date was May 1,
2013, however, the contractor was
granted an extension on the completion
date by North Carolina Department of
Transportation to July 27, 2013.
The contractor will utilize a 40 foot
deck barge with a 40 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 horizontal clearance.
D. Discussion of Proposed Rule
The proposed temporary safety zone
would encompass the waters directly
under the U.S. 74/76 Bascule Bridge
crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, North Carolina (34°13′07″ N,
077°48′46″ W). All vessels transiting the
this section of the waterway requiring a
horizontal clearance of greater than 50
feet would be required to make a one
hour advanced notification to the U.S.
74/76 Bascule Bridge tender while the
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safety zone is in effect. The initial safety
zone, which began on 8 a.m. September
1, 2012, is scheduled to be in effect
through 8 p.m. May 1, 2013. The
proposed extension would be in effect
from 8 p.m. May 1, 2013, through 8 p.m.
July 27, 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 does not restrict traffic
from transiting through the noted
portion of the Atlantic Intracoastal
Waterway; it only 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
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. May 1, 2013 through 8 p.m. July
27, 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 will apply to the entire
width of 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.
If you think that your business,
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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.
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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
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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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
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(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.T05–1082 to read as
follows:
■
§ 165.T05–1082 Safety Zone; Atlantic
Intracoastal Waterway, Wrightsville 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 U.S. 74/76 Bascule
Bridge crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, North Carolina (34°13′07″ N/
077°48′46″ 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–
1082. 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 to safely
transit through the U.S. 74/76 Bascule
Bridge crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
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Beach, North Carolina must contact the
bridge tender on VHF–FM marine band
radio channels 13 and 16 one hour in
advance of intended transit.
(3) Persons or vessels requiring entry
into or passage within the zone must
request authorization from the Captain
of the Port North Carolina or his
designated representative by telephone
at (910) 343–3882 or on VHF–FM
marine band radio channel 16.
(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: (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 p.m. May 1, 2013
through 8 p.m. July 27, 2013 unless
cancelled earlier by the Captain of the
Port.
Dated: December 21, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port Sector North Carolina.
[FR Doc. 2013–00513 Filed 1–11–13; 8:45 am]
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BILLING CODE 9110–04–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 10–254; DA 13–6]
Comment Deadline Extended for
Updated Information and Comment on
Review of Hearing Aid Compatibility
Regulations
Federal Communications
Commission.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
(Bureau) extends the time within which
to file comments on the Public Notice
seeking updated information and
comment on review of hearing aid
compatibility regulations.
DATES: Comments are due on or before
January 22, 2013.
ADDRESSES: You may submit comments,
identified by WT Docket No. 10–254, by
any of the following methods:
• Federal Communications
Commission’s Web Site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Jennifer Flynn, Spectrum & Competition
Policy Division, Wireless
Telecommunications Bureau, (202) 418–
0612 or by email Jennifer.Flynn@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
WT Docket No. 10–254, DA 13–6,
released January 3, 2013. The full text
of the Order is available for public
inspection and copying during business
hours in the FCC’s Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. Copies may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc. (BCPI), 445 12th Street
SW., Room CY–B402, Washington, DC
20554, 202–488–5300 or 800–378–3160
(voice), 202–488–5562 (TTY), 202–488–
5563 (fax), or you may contact BCPI at
its Web site: https://www.BCPIWEB.com.
SUMMARY:
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When ordering documents from BCPI,
please provide the appropriate FCC
document number, for example, DA 13–
6. The Comment Deadline Extended for
Updated Information and Comment
Sought on Review of Hearing Aid
Compatibility Regulations Public Notice
is available on the Internet at the
Commission’s Web site at https://
www.fcc.gov/document/hearing-aidcompatibility-review-additionalcomments-sought and related
documents are also available by using
the search function for WT Docket No.
10–254 on the Commission’s Electronic
Comment Filing System (ECFS) Web
page at https://apps.fcc.gov/ecfs/. To
request information in accessible
formats (computer diskettes, large print,
audio recording, and Braille), send an
email to fcc504@fcc.gov or call the
FCC’s Consumer and Governmental
Affairs Bureau at 202–418–0530 (voice)
or 202–418–0432 (TTY).
Summary
1. On November 27, 2012, the
Wireless Telecommunications Bureau
released a Public Notice in which it
granted, on its own motion, an
extension of time to file comments in its
ongoing review of the wireless hearing
aid compatibility rules (77 FR 72294,
December 5, 2012). That Public Notice
set the deadline for filing comments on
January 7, 2013.
2. On December 31, 2012, the law firm
of Blooston, Mordkofsky, Dickens, Duffy
& Prendergast, LLP (BloostonLaw) filed
a request to extend the comment
deadline until January 22, 2013.
BloostonLaw states that the extension
will alleviate the ‘‘conflicting time
demands’’ on counsel who must both
file comments in this proceeding and
prepare Form 655 reports that are due
from service providers on January 15,
2013. BloostonLaw further states that
the January 7th comment deadline will
deprive the Commission and the public
of the benefit of comments based on
experiences encountered during the
Form 655 reporting window.
3. The Commission does not routinely
grant extensions of time, 47 CFR 1.46(a).
However, given the proximity of the
filing deadline to the end of the Form
655 filing window, the Wireless
Telecommunications Bureau finds that
an extension of time for filing comments
is warranted.
Procedural Matters
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
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]]>Agencies
[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Proposed Rules]
[Pages 2650-2653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00513]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1082]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach,
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
Wrightsville Beach, North Carolina. The safety zone is necessary to
provide for the safety of mariners on navigable waters during
maintenance on the US 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina. The safety zone extension will temporarily restrict vessel
movement within the designated area starting on May 1, 2013 through
July 27, 2013.
DATES: Comments and related material must be received by the Coast
Guard on or before February 13, 2013.
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 proposed
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.
[[Page 2651]]
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-2012-1082) 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[frac12] 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-2012-1082) 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 Coast Guard is proposing to extend a safety zone originally
established by a final rule published July 17, 2002, entitled ``Safety
Zones: Atlantic Intracoastal Waterway; Wrightsville Beach, NC'' (77 FR
41911, docket number USCG-2012-0368).
C. Basis and Purpose
North Carolina Department of Transportation has awarded a contract
to American Bridge Company of Coraopolis, PA to perform bridge
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina. The contract provides for cleaning, painting, steel repair,
and grid floor replacement to commence on September 1, 2012. The
original completion date was May 1, 2013, however, the contractor was
granted an extension on the completion date by North Carolina
Department of Transportation to July 27, 2013.
The contractor will utilize a 40 foot deck barge with a 40 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
horizontal clearance.
D. Discussion of Proposed Rule
The proposed temporary safety zone would encompass the waters
directly under the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina (34[deg]13'07'' N, 077[deg]48'46'' W). All vessels transiting
the this section of the waterway requiring a horizontal clearance of
greater than 50 feet would be required to make a one hour advanced
notification to the U.S. 74/76 Bascule Bridge tender while the safety
zone is in effect. The initial safety zone, which began on 8 a.m.
September 1, 2012, is scheduled to be in effect through 8 p.m. May 1,
2013. The proposed extension would be in effect from 8 p.m. May 1,
2013, through 8 p.m. July 27, 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 does not
restrict traffic from transiting through the noted portion of the
Atlantic Intracoastal Waterway; it only 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
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. May 1, 2013 through 8 p.m. July 27,
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 will apply to the entire width of 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. If you think that your
business,
[[Page 2652]]
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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions 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
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.T05-1082 to read as follows:
Sec. 165.T05-1082 Safety Zone; Atlantic Intracoastal Waterway,
Wrightsville 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
U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway,
mile 283.1, at Wrightsville Beach, North Carolina (34[deg]13'07'' N/
077[deg]48'46'' 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.T05-1082. 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
to safely transit through the U.S. 74/76 Bascule Bridge crossing the
Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville
[[Page 2653]]
Beach, North Carolina must contact the bridge tender on VHF-FM marine
band radio channels 13 and 16 one hour in advance of intended transit.
(3) Persons or vessels requiring entry into or passage within the
zone must request authorization from the Captain of the Port North
Carolina or his designated representative by telephone at (910) 343-
3882 or on VHF-FM marine band radio channel 16.
(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: (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 p.m. May 1,
2013 through 8 p.m. July 27, 2013 unless cancelled earlier by the
Captain of the Port.
Dated: December 21, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-00513 Filed 1-11-13; 8:45 am]
BILLING CODE 9110-04-P
