Safety Zone; Indian Street Bridge Construction, St. Lucie Canal, Palm City, FL, 7670-7672 [2013-02308]
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7670
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–0828]
RIN 1625–AA00
Safety Zone; Indian Street Bridge
Construction, St. Lucie Canal, Palm
City, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the St. Lucie Canal, Palm City, Florida
to provide for the safety of life and
vessels on a narrow waterway during
bridge construction for the Indian Street
Bridge. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Miami or a
designated representative.
DATES: This rule is effective from
February 11, 2013 through March 11,
2013. This rule will be enforced from 10
a.m. to 4 p.m. each day.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0828. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Mike H.
Wu, Sector Miami Prevention
Department, Coast Guard; telephone
(305) 535–7576, email
Mike.H.Wu@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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SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive all
necessary information regarding the
bridge construction until January 7,
2013. As a result, the Coast Guard did
not have sufficient time to publish a
NPRM and to receive public comments
prior to the operations. Any delay in the
effective date of this rule would be
contrary to the public interest because
this rule is needed to provide for the
safety of life on a navigable waterway of
the United States.
For the same reason discussed above,
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.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the rule is to provide
for the safety of life and vessels on a
narrow waterway during bridge
construction.
C. Discussion of Rule
From February 11, 2013 through
March 11, 2013, construction will be
conducted on the Indian Street Bridge
in Palm City, Florida. The construction
will impede the safe navigation of vessel
traffic on a narrow waterway.
The temporary safety zone
encompasses all waters of the St. Lucie
Canal in the vicinity of the Indian Street
Bridge, Palm City, Florida. This safety
zone will be enforced daily from 10 a.m.
to 4 p.m. during this period of bridge
construction.
Persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
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Fmt 4700
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safety zone unless authorized by the
Captain of the Port Miami or a
designated representative.
Persons and vessels desiring to enter,
transit through, anchor in, or remain
within the safety zone may contact the
Captain of the Port Miami by telephone
at 305–535–4472, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the Captain of the
Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and 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 economic impact of this
rule is not significant for the following
reasons: (1) The safety zone will be
enforced for a maximum of 6 hours
daily; (2) persons and vessels may enter,
transit through, anchor in, or remain
within the safety zone if authorized by
the Captain of the Port Miami or a
designated representative; (3) persons
and vessels not authorized by the
Captain of the Port Miami or designated
representative to enter, transit through,
anchor in, or remain within the safety
zone may operate in the surrounding
area during the enforcement period; and
(4) the Coast Guard will provide
advance notification of the safety zone
to the local maritime community by
Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
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Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields and governmental jurisdictions
with populations of less than 50,000.
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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to enter, transit
through, anchor in, or remain within the
safety zone established by this
regulation during the respective
enforcement period.
For the reasons discussed in the
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
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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).
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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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
VerDate Mar<15>2010
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
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7671
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a temporary safety
zone to provide for the safety of life.
This rule is categorically excluded,
under figure 2–1, paragraph (34)(g), of
the Instruction. An environmental
analysis checklist supporting this
determination and a Categorical
Exclusion Determination is available in
the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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 a temporary § 165.T07–0828 to
read as follows:
■
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Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations
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§ 165.T07–0828 Safety Zone; Indian Street
Bridge Construction, St. Lucie Canal, Palm
City, FL.
ENVIRONMENTAL PROTECTION
AGENCY
(a) Regulated Area. The following
regulated area is a safety zone. All
waters of the St. Lucie Canal, Palm City,
FL surrounding the Indian Street Bridge
bounded by the following positions:
starting at point 1 in position 27°09′36″
N, 80°15′06″ W; thence southeast across
the canal to position 2 in position
27°09′35″ N, 80°15′04″ W; thence
southwest along the shoreline to
position 3 in position 27°09′29″ N,
80°15′07″ W; thence northwest across
the canal to position 4 in position
27°09′30″ N, 80°15′09″ W; then
northeast along the shoreline back to
point of origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Miami or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port Miami by
telephone at 305–535–4472, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Miami or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 10 a.m. February 11, 2013
through 4 p.m. March 11, 2013.
40 CFR Part 52
Dated: January 15, 2013.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2013–02308 Filed 2–1–13; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–R06–OAR–2012–0435; FRL–9775–2]
Approval and Promulgation of
Implementation Plans; Texas;
Beaumont/Port Arthur Ozone
Maintenance Plan Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a revision to
the Beaumont/Port Arthur (BPA) 1997
8-hour ozone maintenance air quality
State Implementation Plan (SIP) which
replaces the previously approved motor
vehicle emissions budgets (budgets)
with budgets developed using EPA’s
Motor Vehicle Emissions Simulator
(MOVES) 2010a emissions model. The
BPA 1997 8-hour ozone maintenance
area consists of Hardin, Jefferson, and
Orange Counties in Texas.
DATES: This final rule is effective on
March 6, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2012–0435. All documents in the docket
are listed at www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
SUMMARY:
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
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The State submittal is also available
for public inspection during official
business hours, by appointment, at the
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
Mr.
Jeffrey Riley, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–8542; fax number
214–665–6762; email address
riley.jeffrey@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. What is the background for this action?
II. What public comments were received?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is the background for this
action?
The background for today’s action is
discussed in detail in our September 19,
2012 proposal (77 FR 58058). In that
notice, we proposed to approve a
revision to the BPA 1997 8-hour ozone
maintenance air quality SIP by replacing
the previously approved motor vehicle
emissions budgets, developed with
EPA’s MOBILE 6.2 model, with budgets
developed using EPA’s more current
Motor Vehicle Emissions Simulator
(MOVES) 2010a emissions model. At
the time of our proposal, Texas had
provided for public review and
comment of the SIP revision at the state
level. Subsequently, the State adopted
the revision and submitted it to us on
December 10, 2012.
An air quality maintenance plan is
required to show that an area will
continue to maintain attainment of the
applicable standard taking into account
projections of future emissions. Our
approval means that EPA is finding that
Beaumont’s ozone air quality
maintenance plan still demonstrates
that the area will maintain attainment of
the 1997 ozone national ambient air
quality standard through the year 2021
while taking into account the revised
emissions from the MOVES model. The
motor vehicle emissions budgets are the
amount of emissions from on-road
motor vehicles that are consistent with
the maintenance plan. Once EPA
approves the submitted budgets, they
must be used by local, state and Federal
agencies in determining whether
transportation activities conform to the
SIP as required by section 176(c) of the
Clean Air Act (CAA) and 40 CFR 93.102.
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]]>Agencies
[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Rules and Regulations]
[Pages 7670-7672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02308]
[[Page 7670]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0828]
RIN 1625-AA00
Safety Zone; Indian Street Bridge Construction, St. Lucie Canal,
Palm City, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
St. Lucie Canal, Palm City, Florida to provide for the safety of life
and vessels on a narrow waterway during bridge construction for the
Indian Street Bridge. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port Miami or a designated
representative.
DATES: This rule is effective from February 11, 2013 through March 11,
2013. This rule will be enforced from 10 a.m. to 4 p.m. each day.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0828. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
Mike.H.Wu@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive all
necessary information regarding the bridge construction until January
7, 2013. As a result, the Coast Guard did not have sufficient time to
publish a NPRM and to receive public comments prior to the operations.
Any delay in the effective date of this rule would be contrary to the
public interest because this rule is needed to provide for the safety
of life on a navigable waterway of the United States.
For the same reason discussed above, 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.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to provide for the safety of life and
vessels on a narrow waterway during bridge construction.
C. Discussion of Rule
From February 11, 2013 through March 11, 2013, construction will be
conducted on the Indian Street Bridge in Palm City, Florida. The
construction will impede the safe navigation of vessel traffic on a
narrow waterway.
The temporary safety zone encompasses all waters of the St. Lucie
Canal in the vicinity of the Indian Street Bridge, Palm City, Florida.
This safety zone will be enforced daily from 10 a.m. to 4 p.m. during
this period of bridge construction.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Miami or a designated
representative.
Persons and vessels desiring to enter, transit through, anchor in,
or remain within the safety zone may contact the Captain of the Port
Miami by telephone at 305-535-4472, or a designated representative via
VHF radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the safety zone is
granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for a maximum of 6 hours daily; (2) persons and
vessels may enter, transit through, anchor in, or remain within the
safety zone if authorized by the Captain of the Port Miami or a
designated representative; (3) persons and vessels not authorized by
the Captain of the Port Miami or designated representative to enter,
transit through, anchor in, or remain within the safety zone may
operate in the surrounding area during the enforcement period; and (4)
the Coast Guard will provide advance notification of the safety zone to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended,
[[Page 7671]]
requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields and governmental jurisdictions with populations of less than
50,000. 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 may affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to enter, transit through, anchor in, or remain within the
safety zone established by this regulation during the respective
enforcement period.
For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone to provide for the safety of life. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0828 to read as follows:
[[Page 7672]]
Sec. 165.T07-0828 Safety Zone; Indian Street Bridge Construction, St.
Lucie Canal, Palm City, FL.
(a) Regulated Area. The following regulated area is a safety zone.
All waters of the St. Lucie Canal, Palm City, FL surrounding the Indian
Street Bridge bounded by the following positions: starting at point 1
in position 27[deg]09'36'' N, 80[deg]15'06'' W; thence southeast across
the canal to position 2 in position 27[deg]09'35'' N, 80[deg]15'04'' W;
thence southwest along the shoreline to position 3 in position
27[deg]09'29'' N, 80[deg]15'07'' W; thence northwest across the canal
to position 4 in position 27[deg]09'30'' N, 80[deg]15'09'' W; then
northeast along the shoreline back to point of origin.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Miami or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Miami by telephone at 305-535-4472, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the regulated
area is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is effective from 10 a.m. February
11, 2013 through 4 p.m. March 11, 2013.
Dated: January 15, 2013.
J.B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-02308 Filed 2-1-13; 8:45 am]
BILLING CODE 9110-04-P
