Safety Zone; Lake Worth Dredge Operations, Lake Worth Inlet; West Palm Beach, FL, 11094-11097 [2013-03533]
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11094
Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Rules and Regulations
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Issued in Washington, DC, on this 7th day
of February 2013.
Laricke Blanchard,
Deputy Director for Policy, Pension Benefit
Guaranty Corporation.
[FR Doc. 2013–03544 Filed 2–14–13; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0066]
Drawbridge Operation Regulation;
James River, Between Isle of Wight
and Newport News, VA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the draw of the
James River Draw Bridge across the
James River, mile 5.0, between Isle of
Wight and Newport News, VA. This
deviation is necessary to facilitate
generator replacement on the James
River Draw Bridge. This temporary
deviation will allow the drawbridge to
remain in the closed-to-navigation
position on specific dates and times.
DATES: This deviation is effective from
12:01 a.m. on February 16, 2013, until
5 a.m. on February 18, 2013; from 12:01
a.m. on February 23, 2013, until 5 a.m.
on February 25, 2013; and from 12:01
a.m. on March 2, 2013, until 5 a.m. on
March 4, 2013.
ADDRESSES: The docket for this notice,
USCG–2013–0066, is available online at
www.regulations.gov by typing in the
docket number in the ‘‘SEARCH’’ box
and clicking ‘‘SEARCH.’’ Next, click on
the Open Docket Folder on the line
associated with this notice. 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.
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SUMMARY:
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If
you have questions on this temporary
deviation, call or email Mr. Jim
Rousseau, Bridge Administration
Branch Fifth District, Coast Guard;
telephone (757) 398–6557, email
James.L.Rousseau2@uscg.mil. If you
have questions on reviewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, 202–366–9826.
SUPPLEMENTARY INFORMATION: The
Virginia Department of Transportation,
who owns and operates this vertical lift
bridge, has requested a temporary
deviation from the current operating
regulations set out in 33 CFR 117.5, to
facilitate generator replacement on the
structure.
Under the regular operating schedule,
the James River Bridge, mile 5.0,
between Isle of Isle and Newport News,
VA opens on signal. The James River
Bridge has vertical clearances in the
open and closed position of 145 feet and
60 feet, above mean high water,
respectively.
Under this temporary deviation, the
drawbridge will be closed on weekends
to navigation from 12:01 a.m. on
February 16, 2013, until 5 a.m. on
February 18, 2013; from 12:01 a.m. on
February 23, 2013, until 5 a.m. on
February 25, 2013; and from 12:01 a.m.
on March 2, 2013 until 5 a.m. on March
4, 2013. If weather conditions are
favorable during the first two weekends
of the deviation, mariners will be
notified via a broadcast notice to
mariners and local media that the bridge
will return to its regular operating
schedule and that the third week of
closure is no longer necessary.
Only emergency openings will be
provided with up to a two-hour delay in
opening. There are no alternate routes
for vessels transiting this section of the
James River.
The James River is used by a variety
of vessels including freighters, tugs, and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with commercial and
recreational waterway users. The Coast
Guard will inform all users of the
waterway through our Local and
Broadcast Notice to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impacts caused by the
temporary deviation. Mariners able to
FOR FURTHER INFORMATION CONTACT:
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pass under the bridge in the closed
position may do so at any time.
Mariners are advised to proceed with
caution.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 5, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2013–03546 Filed 2–14–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0036]
RIN 1625–AA00
Safety Zone; Lake Worth Dredge
Operations, Lake Worth Inlet; West
Palm Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Worth Inlet, West Palm Beach,
Florida, to provide for the safety of life
and vessels during dredge operations. A
safety zone will need to be enforced for
90 minutes on two separate occasions
during a two week period. The time of
enforcement will be publicized as soon
as practical. During the time of
enforcement, 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 15, 2013, through February 20,
2013, but has been enforced with actual
notice since February 4, 2013. This rule
will be enforced for two 90 minute
periods which will occur during the
period of February 4, 2013, through
February 20, 2013. The public will be
SUMMARY:
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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Rules and Regulations
notified of the specific times of the two
separate 90 minute periods via
Broadcast Notice to Mariners.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0036. 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 Barbara
Hairston, 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
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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
information regarding the dredging
operation until January 30, 2013. As a
result, it was not until that time that the
Coast Guard had sufficient information
regarding the necessity to move
dredging equipment during ongoing
dredging operations, and therefore there
was insufficient time to publish an
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
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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
navigable waterway of the United States
during dredging operations.
C. Discussion of the Rule
For two 90 minute periods, between
Monday, February 4, 2013, and
Wednesday, February 20, 2013,
dredging operations will be conducted
on Lake Worth Inlet in West Palm
Beach, Florida. These operations will
impede the safe navigation of vessel
traffic on the waterway.
The temporary safety zone
encompasses all waters of Lake Worth
Inlet from the end of the jetties at the
eastern entrance to the southwestern
corner of Singer Island and then due
south across the inlet to Palm Beach
Island. This safety zone will be enforced
for two 90 minute periods between
February 4 and February 20, 2013,
during dredge operations.
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,
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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 90 minutes
on two separate days; (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 Broadcast
Notice to Mariners and on-scene
representatives.
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 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
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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).
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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.
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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
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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
creation of a temporary safety zone. 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 are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T07–0036 to
read as follows:
■
§ 165.T07–0036 Safety Zone; Lake Worth
Dredge Ops, Lake Worth Inlet; West Palm
Beach, FL.
(a) Regulated area. The following
regulated area is a safety zone. All
waters of Lake Worth Inlet, West Palm
Beach, FL, encompassed within the
following points: starting at Point 1 in
position 26°46′25″ N, 80°02′20″ W;
thence east to Point 2 in position
26°46′25″ N, 80°01′51″ W; thence
southwest to Point 3 in position
26°46′17″ N, 80°01′53″ W; thence west
to Point 4 in position 26°46′17″ N,
80°02′20″ W; thence north back to
origin. All coordinates are North
American Datum 1983.
(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
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11097
Dated: February 1, 2013.
J. B. Pruett,
Captain, U.S. Coast Guard, Acting Captain
of the Port Miami.
[FR Doc. 2013–03533 Filed 2–14–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
be working in the area, and 4,000 feet
of submerged pipe line will cross the
closed portion of the anchorage. This
regulation is necessary to provide for
the safety of life on the navigable waters
of the Artificial Island Anchorage. This
closure is intended to restrict vessel
anchoring to protect mariners from the
hazards associated with an ongoing
dredging operation.
DATES: This rule is effective on February
15, 2013 until June 15, 2013, unless
cancelled earlier by the Captain of the
Port. This rule has been enforced with
actual notice from February 1, 2013,
until February 15, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0032. 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 Veronica Smith,
Waterways Management Branch, Sector
Delaware Bay, U.S. Coast Guard;
telephone (215) 271–4851, email
veronica.l.smith@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
details for this dredging operation were
not provided until January 24, 2013. As
such, it is impracticable to provide a full
comment period due to lack of time.
The dredging operation will begin on
February 1, 2013 and will continue until
June 15, 2013 unless completed earlier.
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 because immediate action is
necessary to protect the maritime public
and facilitate the dredging operation,
and therefore a delay in enacting this
safety zone would also be impracticable.
Table of Acronyms
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 Broadcast
Notice to Mariners and on-scene
designated representatives.
(d) Effective date. This rule is in force
from February 4, 2013, through
February 20, 2013. This rule will be
enforced for two 90 minute periods
which will occur between February 4,
2013, and February 20, 2013.
C. Discussion of the Final Rule
The Coast Guard Captain of the Port
Delaware Bay is temporarily
establishing a safety zone closing the
southern portion of Artificial Island
Anchorage from February 1, 2013, until
June 15, 2013, unless cancelled earlier
by the Captain of the Port. The
boundary line for the temporary safety
zone includes the southern portion of
Artificial Island Anchorage, below
position 39°29′20″ N -075°33′30″ W to
position 39°29′12.5″ N -075°33′0″ W and
extending to the southern boundary
according to NOAA chart 12311. Vessels
will not be permitted to anchor in this
portion of Artificial Island Anchorage.
33 CFR Part 165
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[Docket Number USCG–2013–0032]
A. Regulatory History and Information
RIN 1625–AA00
The Coast Guard is issuing this 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 final
Artificial Island Anchorage No. 2
Partial Closure, Delaware River; Salem,
NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
The Coast Guard will be
establishing a temporary safety zone
around the southern portion of
Anchorage #2 (Artificial Island
Anchorage) below position 39°29′20″ N075°33′30″ W to position 39°29′12.5″ N075°33′0″ W due to dredging operations.
The hopper dredge STUYVESANT will
SUMMARY:
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B. Basis and Purpose
Dutra Dredging Company has been
contracted by the Army Corps of
Engineers on the Delaware River
channel deepening project. A portion of
this project requires the use of
submerged and floating pipelines
crossing the lower portion of the
Artificial Island Anchorage (No. 2). Due
to the presence of the submerged
pipeline, vessels are not permitted to
anchor in the southern portion of the
anchorage. This regulation is necessary
because there will be an ongoing
dredging operation to deepen the
Delaware River channel in the Reedy
Island Range from February 1, 2013,
until June 15, 2013. The Captain of the
Port will reopen this portion of the
anchorage once all submerged pipeline
has been recovered and dredging
operations are completed. At such time,
notice that the temporary closure of the
anchorage is no longer in effect will be
broadcast to mariners. The Captain of
the Port is establishing this safety zone
to ensure the safety of life and property
of all mariners and vessels transiting the
local area.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
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]]>Agencies
[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Rules and Regulations]
[Pages 11094-11097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03533]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0036]
RIN 1625-AA00
Safety Zone; Lake Worth Dredge Operations, Lake Worth Inlet; West
Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Worth Inlet, West Palm Beach, Florida, to provide for the safety
of life and vessels during dredge operations. A safety zone will need
to be enforced for 90 minutes on two separate occasions during a two
week period. The time of enforcement will be publicized as soon as
practical. During the time of enforcement, 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 15, 2013, through February
20, 2013, but has been enforced with actual notice since February 4,
2013. This rule will be enforced for two 90 minute periods which will
occur during the period of February 4, 2013, through February 20, 2013.
The public will be
[[Page 11095]]
notified of the specific times of the two separate 90 minute periods
via Broadcast Notice to Mariners.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0036. 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 Barbara Hairston, 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
information regarding the dredging operation until January 30, 2013. As
a result, it was not until that time that the Coast Guard had
sufficient information regarding the necessity to move dredging
equipment during ongoing dredging operations, and therefore there was
insufficient time to publish an 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 navigable waterway of the United States during dredging
operations.
C. Discussion of the Rule
For two 90 minute periods, between Monday, February 4, 2013, and
Wednesday, February 20, 2013, dredging operations will be conducted on
Lake Worth Inlet in West Palm Beach, Florida. These operations will
impede the safe navigation of vessel traffic on the waterway.
The temporary safety zone encompasses all waters of Lake Worth
Inlet from the end of the jetties at the eastern entrance to the
southwestern corner of Singer Island and then due south across the
inlet to Palm Beach Island. This safety zone will be enforced for two
90 minute periods between February 4 and February 20, 2013, during
dredge operations.
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 90 minutes on two separate days;
(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
Broadcast Notice to Mariners and on-scene representatives.
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 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
[[Page 11096]]
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 creation of a temporary safety
zone. 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
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0036 to read as follows:
Sec. 165.T07-0036 Safety Zone; Lake Worth Dredge Ops, Lake Worth
Inlet; West Palm Beach, FL.
(a) Regulated area. The following regulated area is a safety zone.
All waters of Lake Worth Inlet, West Palm Beach, FL, encompassed within
the following points: starting at Point 1 in position 26[deg]46'25'' N,
80[deg]02'20'' W; thence east to Point 2 in position 26[deg]46'25'' N,
80[deg]01'51'' W; thence southwest to Point 3 in position
26[deg]46'17'' N, 80[deg]01'53'' W; thence west to Point 4 in position
26[deg]46'17'' N, 80[deg]02'20'' W; thence north back to origin. All
coordinates are North American Datum 1983.
(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
[[Page 11097]]
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
Broadcast Notice to Mariners and on-scene designated representatives.
(d) Effective date. This rule is in force from February 4, 2013,
through February 20, 2013. This rule will be enforced for two 90 minute
periods which will occur between February 4, 2013, and February 20,
2013.
Dated: February 1, 2013.
J. B. Pruett,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2013-03533 Filed 2-14-13; 8:45 am]
BILLING CODE 9110-04-P
