Safety Zone; Atlantic Intracoastal Waterway; Wrightsville Beach, NC, 22195-22197 [2013-08732]
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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations
creation of a special local regulation in
conjunction with a regatta or marine
parade, and is categorically excluded
from further review under paragraph
34(h) and 35(b) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. 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 100
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 100 as follows:
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.
(d) Enforcement date. This rule will is
effective from 6:30 a.m. until 8:30 a.m.
on June 1, 2013.
Dated: April 1, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2013–08734 Filed 4–12–13; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
1. The authority citation for part 100
continues to read as follows:
33 CFR Part 165
■
[Docket No. USCG–2012–1082]
Authority: 33 U.S.C. 1233.
RIN 1625–AA00
2. Add § 100.35T07–0552 to read as
follows:
■
Safety Zone; Atlantic Intracoastal
Waterway; Wrightsville Beach, NC
mstockstill on DSK4VPTVN1PROD with RULES
§ 100.35T07–0552 Special Local
Regulation; West Palm Beach Triathlon
Championship, Intracoastal Waterway;
West Palm Beach, FL.
(a) Regulated area. The following
regulated area is established as a special
local regulation. All waters of the
Intracoastal Waterway in West Palm
Beach, Florida between the Flagler
Memorial Bridge and the Royal Park
Bridge.
(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, except for authorized race
participants and safety 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 who are not
authorized race participants and safety
vessels, may request authorization to
enter, transit through, anchor in, or
remain within the regulated area by
contacting the Captain of the Port Miami
by telephone at (305) 535–4472, or a
designated representative via VHF radio
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is extending
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: This rule is effective from 8 p.m.
on May 1, 2013, until 8 p.m. on July 27,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–1082]. 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.
SUMMARY:
PO 00000
Frm 00045
Fmt 4700
and 5 p.m., Monday through Friday,
except Federal holidays.
If
you have questions on this rule, call or
email CWO4 Joseph M. Edge, U.S. Coast
Guard Sector North Carolina; telephone
252–247–4525, email
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
22195
Sfmt 4700
The Coast Guard is extending the
safety zone originally established on
July 17, 2012, entitled, ‘‘Safety Zone,
Atlantic Intracoastal Waterway;
Wrightsville Beach, NC.’’ (77 FR 41911,
USCG–2012–0368). We received no
adverse comments on the proposed rule
or temporary final rule.
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 the repair work will
continue despite the expiration of the
previous safety zone. Immediate action
is necessary to protect the maritime
public and facilitate this bridge
maintenance, and therefore a delay in
enacting this safety zone would be
impracticable.
B. Basis and Purpose
The North Carolina Department of
Transportation 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
recently 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.
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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations
C. Discussion of the Final Rule
The temporary safety zone will
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 this section of the
waterway requiring a horizontal
clearance of greater than 50 feet will be
required to make a one hour advanced
notification to the U.S. 74/76 Bascule
Bridge tender while the safety zone is in
effect. The initial safety zone is
currently in effect, and began on 8 a.m.
September 1, 2012, is scheduled to be in
effect through 8 p.m. May 1, 2013. The
extension will be in effect from 8 p.m.
May 1, 2013, through 8 p.m. July 27,
2013.
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.
mstockstill on DSK4VPTVN1PROD with RULES
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. 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
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 received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
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16:10 Apr 12, 2013
Jkt 229001
entities. This 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.
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
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Frm 00046
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\15APR1.SGM
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Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules and Regulations
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. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. 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 § 165.T05–1082 to read as
follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 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
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16:10 Apr 12, 2013
Jkt 229001
either side of the US 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
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
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22197
unless cancelled earlier by the Captain
of the Port.
Dated: February 26, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port Sector North Carolina.
[FR Doc. 2013–08732 Filed 4–12–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0888; FRL–9802–9]
Approval and Promulgation of
Implementation Plans for Tennessee:
Revisions to Volatile Organic
Compound Definition
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, EPA is withdrawing
the February 19, 2013, direct final rule
to approve Tennessee’s September 3,
1999, state implementation plan (SIP)
submission to change rule 1200–3–9-.01
to add a total of 17 compounds to the
list of compounds excluded from the
definition of ‘‘Volatile Organic
Compound’’ (VOC). EPA is considering
this comment and will address the
comment in a subsequent action. EPA
will not institute a second comment
period on this action.
DATES: The direct final rule published at
78 FR 11583 on February 19, 2013, is
withdrawn as of April 15, 2013.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUMMARY:
On
February 19, 2013 (78 FR 11583), EPA
proposed to approve Tennessee’s
September 3, 1999, SIP submission to
change rule 1200–3–9-.01 to add a total
of 17 compounds to the list of
compounds excluded from the
definition of VOC to be consistent with
EPA’s definition of VOC at 40 CFR
51.100(s). The SIP submittal was in
response to EPA’s revision to the
definition of VOC, (at 40 CFR 51.100(s))
published in the Federal Register on
August 25, 1997 (62 FR 44900) and
SUPPLEMENTARY INFORMATION:
E:\FR\FM\15APR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22195-22197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08732]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-1082]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway; Wrightsville Beach,
NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending 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: This rule is effective from 8 p.m. on May 1, 2013, until 8 p.m.
on July 27, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1082]. 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 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
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 extending the safety zone originally established
on July 17, 2012, entitled, ``Safety Zone, Atlantic Intracoastal
Waterway; Wrightsville Beach, NC.'' (77 FR 41911, USCG-2012-0368). We
received no adverse comments on the proposed rule or temporary final
rule.
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 the repair work will
continue despite the expiration of the previous safety zone. Immediate
action is necessary to protect the maritime public and facilitate this
bridge maintenance, and therefore a delay in enacting this safety zone
would be impracticable.
B. Basis and Purpose
The North Carolina Department of Transportation 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
recently 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.
[[Page 22196]]
C. Discussion of the Final Rule
The temporary safety zone will 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 this
section of the waterway requiring a horizontal clearance of greater
than 50 feet will be required to make a one hour advanced notification
to the U.S. 74/76 Bascule Bridge tender while the safety zone is in
effect. The initial safety zone is currently in effect, and began on 8
a.m. September 1, 2012, is scheduled to be in effect through 8 p.m. May
1, 2013. The extension will be in effect from 8 p.m. May 1, 2013,
through 8 p.m. July 27, 2013.
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. 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
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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. This rule 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.
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.
[[Page 22197]]
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. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. 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 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 US
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 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: February 26, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-08732 Filed 4-12-13; 8:45 am]
BILLING CODE 9110-04-P
