Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach, NC, 34579-34582 [2013-13662]
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Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
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.
mstockstill on DSK4VPTVN1PROD with RULES
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 concluded 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 safety zone. This rule
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is categorically excluded from further
review under, paragraph 34(g) of figure
2–1 of the Commandant Instruction. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water),
Reporting and Recordkeeping
Requirements, 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(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0256 to read as
follows:
34579
allowed to enter into, transit through, or
anchor within the safety zone without
the permission of the COTP or the
designated on-scene representative.
(3) All persons and vessels shall
comply with the instructions of the
COTP or the designated on-scene
representative. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(4) Vessel operators desiring to enter
or operate within the regulated area
shall contact the COTP or the
designated on-scene representative via
VHF channel 16 or 617–223–3201
(Sector Boston command Center) to
obtain permission.
Dated: May 21, 2013.
J.C. O’Connor III,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2013–13650 Filed 6–7–13; 8:45 am]
BILLING CODE 9110–04–P
■
§ 165.T01–0256 Safety Zone; Ad Club’s
100th Anniversary Gala Fireworks Display,
Boston Inner Harbor, Boston, MA.
(a) General. A temporary safety zone
is established for the fireworks display
as follows:
(1) Location. All navigable waters
from surface to bottom, within a 600foot radius of position 42°21′25″ N,
071°02′26″ W. This position is located
approximately 1000-feet off of the Fan
Pier, Boston Inner Harbor, Boston, MA
(2) Definitions. For purposes of this
section ‘‘Designated on-scene
representative’’ is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the Captain
of the Port Boston (COTP) to act on the
COTP’s behalf. The designated
representative may be on an Official
Patrol Vessel; Official Patrol Vessel may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP or the designated
on-scene representative may be on shore
and will communicate with vessels via
VHF-FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(3) Enforcement Period. This rule is
effective and will be enforced from 8:30
p.m. to 10:30 p.m. on June 26, 2013.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No vessels, except for fireworks
barge and accompanying vessels, will be
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0174]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Wrightsville Beach, NC
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
July 27, 2013 through March 1, 2014.
DATES: This rule is effective from July
27, 2013 through March 1, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0174. 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
SUMMARY:
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Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
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 published a notice of
proposed rulemaking (NPRM) for this
rule on April 19, 2013 (78 FR 23519).
We received no comments on the
proposed rule.
mstockstill on DSK4VPTVN1PROD with RULES
B. Basis and Purpose
North Carolina Department of
Transportation has awarded a contract
to American Bridge Company of
Coraopolis, PA to perform bridge
maintenance on the U.S. 74/76 Bascule
Bridge crossing the Atlantic Intracoastal
Waterway, mile 283.1, at Wrightsville
Beach, North Carolina. The contract
provides for cleaning, painting, steel
repair, and grid floor replacement which
commenced on September 1, 2012. The
original completion date was May 1,
2013, however, the contractor was
granted an extension on the completion
date by North Carolina Department of
Transportation to July 27, 2013. Due to
concerns from the Town of Wrightsville
Beach relating to impacts to vehicular
traffic and subsequent impacts to their
economy that may result from ongoing
construction, topside bridge work has
been delayed. The anticipated date to
resume topside work is October 1, 2013
with a completion date of March 1,
2014. In the meantime, American Bridge
Company will continue to perform
bridge mechanical work, electrical
work, and the cleaning and painting of
the structural steel throughout the
months preceding resumption of topside
work. The contractor will utilize a 40
foot deck barge with a 40 foot beam as
a work platform and for equipment
staging. A safety zone is needed to a
safety buffer to transiting vessels as
bridge repairs present potential hazards
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to mariners and property due to
reduction horizontal clearance.
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 the 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 was in effect through
8 p.m. May 1, 2013. The initial
extension of the safety zone commenced
at 8 p.m. on May 1, 2013 and will be
in effect until 8 p.m. July 27, 2013. The
extension will be in effect from 8 p.m.
July 27, 2013 through 8 p.m. March 1,
2014.
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.
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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. July 27, 2013
through 8 p.m. March 1, 2014.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone will apply to the entire
width of this section of the Atlantic
Intracoastal Waterway, vessel traffic will
be able to request passage by providing
a one hour advanced notification. Before
the effective period, the Coast Guard
will issue maritime advisories widely
available to the users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this 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.
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11. Indian Tribal Governments
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
INTFORMATION 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.
mstockstill on DSK4VPTVN1PROD with RULES
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.
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16:02 Jun 07, 2013
Jkt 229001
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. 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 proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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34581
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.T05–0174 to read as
follows:
■
§ 165.T05–0174 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°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–
0174. 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,
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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. July 27,
2013 through 8 p.m. March 1, 2014
unless cancelled earlier by the Captain
of the Port.
Dated: May 23, 2013.
S.P. McGee,
Commander, U.S. Coast Guard, Acting,
Captain of the Port Sector North Carolina.
[FR Doc. 2013–13662 Filed 6–7–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0346]
Safety Zone; Fourth of July Fireworks,
City of Sausalito, San Francisco Bay,
Sausalito, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Fourth of July
Fireworks, City of Sausalito in the
Captain of the Port, San Francisco area
of responsibility during the dates and
times noted below. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM).
DATES: The regulations will be enforced
from 9 a.m. to 9:45 p.m. on July 4, 2013.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Lieutenant Junior Grade
William Hawn, U.S. Coast Guard Sector
San Francisco; telephone (415) 399–
7442 or email at D11-PFMarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a 100 foot safety
zone around the fireworks barge during
the loading, transit, and arrival of the
fireworks barge to the display location
and until the start of the fireworks
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SUMMARY:
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display. From 9 a.m. until 2 p.m. on July
4, 2013, the barge will be loading off of
Pier 50 in approximate position
37°46′28″ N, 122°23′06″ W (NAD 83).
From 7 p.m. to 8:30 p.m. on July 4, 2013
the loaded barge will transit from Pier
50 to the launch site near Sausalito, CA
in approximate position 37°51′31″ N,
122°28′28″ W (NAD83). Upon the
commencement of the 15 minute
fireworks display, scheduled to begin at
9:15 p.m. on July 4, 2013, the safety
zone will increase in size and
encompass the navigable waters around
and under the fireworks barge within a
radius 1,000 feet in approximate
position 37°51′31″ N, 122°28′28″ W
(NAD83). In accordance with 33 CFR
165.1191, Table 1, Item number 12, this
safety zone will be in effect from 9 a.m.
to 9:45 p.m. on July 4, 2013.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so. This notice is issued
under authority of 33 CFR 165.1191 and
5 U.S.C. 552 (a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with extensive advance
notification of the safety zone and its
enforcement period via the Local Notice
to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: May 18, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–13668 Filed 6–7–13; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0312]
RIN 1625–AA00
Safety Zone; Rochester Yacht Club
Fireworks, Genesee River, Rochester,
NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Genesee River, Rochester, NY. This
safety zone is intended to restrict
vessels from a portion of the Genesee
River during the Rochester Yacht Club
fireworks display. This temporary safety
zone is necessary to protect spectators
and vessels from the hazards associated
with a fireworks display.
DATES: This rule will be effective
between 9:30 p.m. until 11:00 p.m. on
June 22, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0312]. 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 LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
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]]>Agencies
[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34579-34582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13662]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0174]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Wrightsville Beach,
NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 July 27, 2013 through
March 1, 2014.
DATES: This rule is effective from July 27, 2013 through March 1, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0174. 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
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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 published a notice of proposed rulemaking (NPRM)
for this rule on April 19, 2013 (78 FR 23519). We received no comments
on the proposed rule.
B. Basis and Purpose
North Carolina Department of Transportation has awarded a contract
to American Bridge Company of Coraopolis, PA to perform bridge
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North
Carolina. The contract provides for cleaning, painting, steel repair,
and grid floor replacement which commenced on September 1, 2012. The
original completion date was May 1, 2013, however, the contractor was
granted an extension on the completion date by North Carolina
Department of Transportation to July 27, 2013. Due to concerns from the
Town of Wrightsville Beach relating to impacts to vehicular traffic and
subsequent impacts to their economy that may result from ongoing
construction, topside bridge work has been delayed. The anticipated
date to resume topside work is October 1, 2013 with a completion date
of March 1, 2014. In the meantime, American Bridge Company will
continue to perform bridge mechanical work, electrical work, and the
cleaning and painting of the structural steel throughout the months
preceding resumption of topside work. The contractor will utilize a 40
foot deck barge with a 40 foot beam as a work platform and for
equipment staging. A safety zone is needed to a safety buffer to
transiting vessels as bridge repairs present potential hazards to
mariners and property due to reduction horizontal clearance.
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 the 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 was in effect through 8 p.m. May 1, 2013. The
initial extension of the safety zone commenced at 8 p.m. on May 1, 2013
and will be in effect until 8 p.m. July 27, 2013. The extension will be
in effect from 8 p.m. July 27, 2013 through 8 p.m. March 1, 2014.
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. July 27, 2013 through 8
p.m. March 1, 2014.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to the entire width of this section
of the Atlantic Intracoastal Waterway, vessel traffic will be able to
request passage by providing a one hour advanced notification. Before
the effective period, the Coast Guard will issue maritime advisories
widely available to the users of the waterway. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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.
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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
INTFORMATION 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. 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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T05-0174 to read as follows:
Sec. 165.T05-0174 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.T05-0174. 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,
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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.
July 27, 2013 through 8 p.m. March 1, 2014 unless cancelled earlier by
the Captain of the Port.
Dated: May 23, 2013.
S.P. McGee,
Commander, U.S. Coast Guard, Acting, Captain of the Port Sector North
Carolina.
[FR Doc. 2013-13662 Filed 6-7-13; 8:45 am]
BILLING CODE 9110-04-P
