Safety Zone, Atlantic Intracoastal Waterway; Morehead City, NC, 32871-32873 [2014-13309]

Download as PDF Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Rules and Regulations 32871 A. Regulatory History and Information 33 CFR Part 165 [Docket Number USCG–2014–0155] RIN 1625–AA00 Safety Zone, Atlantic Intracoastal Waterway; Morehead City, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of the Atlantic Intracoastal Waterway at Morehead City, North Carolina. The safety zone is necessary to provide for the safety of mariners on navigable waters during maintenance on the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North Carolina. The safety zone will temporarily restrict vessel movement within the designated area. DATES: This rule is effective from 11 p.m. on July 19, 2014 to 5 a.m. on April 25, 2015. This rule will be enforced daily from 11 p.m. through 5 a.m. from July 19, 2014 to April 25, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0155]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 LCDR Evelynn B. Samms, U.S. Coast Guard Sector North Carolina; telephone (910) 772–2207, email Evelynn.B.Samms@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: ehiers on DSK2VPTVN1PROD with RULES SUMMARY: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking VerDate Mar<15>2010 15:05 Jun 06, 2014 Jkt 232001 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. B. Basis and Purpose Coast Guard D. Regulatory Analyses A Notice of Proposed Rulemaking was published on April 01, 2014 in the Federal Register (79 FR 18245). We received no comments on the proposed rule. No public meeting was requested, and none was held. DEPARTMENT OF HOMELAND SECURITY 1. Regulatory Planning and Review North Carolina Department of Transportation has awarded a contract to FREYSSINET, INC of Sterling, Virginia to perform bridge maintenance on the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North Carolina. Concrete demolition, repair, shotcreting work and bridge bearing repair will commence on July 19, 2014 with a completion date of April 25, 2015. The contractor will utilize a 40 foot by 60 foot barge 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 reduced horizontal clearance. Due to the need to protect mariners from the hazards associated with the bridge maintenance, vessel traffic will be temporarily restricted from transiting within the area. In addition, during this period the Coast Guard will require a two hour notification to the work supervisor for passage through the U.S. 70 Fixed Bridge along the Atlantic Intracoastal Waterway, mile 203.7, Morehead City, North Carolina. The bridge notification requirement will apply during the maintenance period for vessels requiring a horizontal clearance of greater than 40 feet. C. Discussion of the Final Rule The temporary safety zone will encompass the waters directly under the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North Carolina (34°43′16″ N, 076°41′37″ W). In the interest of public safety, general navigation within the safety zone will be restricted during the specified date and times. Except for vessels authorized by the Coast Guard Captain of the Port or his representative, no person or vessel may enter or remain in the regulated area. All vessels transiting this section of the waterway requiring a horizontal clearance of greater than 40 feet will be required to make a two hour advanced notification to the work supervisor while the safety zone is in effect. This zone will be in effect daily, 11 p.m. until 5 a.m., from July 19, 2014 through April 25, 2015. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 the designated portion of the Atlantic Intracoastal Waterway, it imposes a two hour notification to ensure the waterway is clear of impediment to allow passage to vessels requiring a horizontal clearance of greater than 40 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 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, 11 p.m. until 5 a.m., from July 19, 2014 through April 25, 2015. 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 this section of the Atlantic Intracoastal Waterway, vessel traffic requiring a horizontal clearance of greater than 40 feet will be able to request passage by providing a two hour advanced notification to the work supervisor. All those requiring less than 40 feet may pass at any time. Before the effective period, the Coast E:\FR\FM\09JNR1.SGM 09JNR1 32872 Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Rules and Regulations 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). ehiers on DSK2VPTVN1PROD with RULES 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 15:05 Jun 06, 2014 Jkt 232001 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. 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 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. 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 11. Indian Tribal Governments 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. VerDate Mar<15>2010 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 temporary § 165.T05–0155 to read as follows: ■ § 165.T05–0155 Safety Zone, Atlantic Intracoastal Waterway; Morehead City, NC. (a) Regulated Area. The following area is a safety zone: This zone includes the waters directly under and 100 yards either side of the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North Carolina (34°43′16″ N, 076°41′37″ 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– 0155. In addition the following regulations apply: (1) All vessels requiring greater than 40 feet horizontal clearance to safely transit through the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North Carolina must contact the work supervisor tender on VHF–FM marine band radio channels 10 and 13 E:\FR\FM\09JNR1.SGM 09JNR1 Federal Register / Vol. 79, No. 110 / Monday, June 9, 2014 / Rules and Regulations or at (703) 786–7607 two hour in advance of intended transit. (2) All Coast Guard assets enforcing this safety zone can be contacted on VHF–FM marine band radio channels 13 and 16. (3) 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. (3) Work supervisor means the contractors on site representative. (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 daily 11 p.m. until 5 a.m., from July 19, 2014 through April 25, 2015 unless cancelled earlier by the Captain of the Port. Dated: May 19, 2014. S.R. Murtagh, Captain, U.S. Coast Guard, Captain of the Port. [FR Doc. 2014–13309 Filed 6–6–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 ehiers on DSK2VPTVN1PROD with RULES [EPA–R01–OAR–2010–0460; A–1–FRL– 9904–73–Region–1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Reasonably Available Control Technology Update To Address Control Techniques Guidelines Issued in 2006, 2007, and 2008 Environmental Protection Agency (EPA). AGENCY: VerDate Mar<15>2010 15:05 Jun 06, 2014 Jkt 232001 ACTION: Final rule. The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Connecticut. The revisions establish Reasonably Available Control Technology (RACT) for several categories of volatile organic compound (VOC) air emission sources. The intended effect of this action is to approve these requirements into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This rule is effective on July 9, 2014. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2010–0460. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square— Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays. Copies of the documents relevant to this action are also available for public inspection during normal business hours, by appointment at the Bureau of Air Management, Department of Energy and Environmental Protection, State Office Building, 79 Elm Street, Hartford, CT 06106–1630. FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, (Mail Code OEP05–02), Boston, MA 02109– 3912, telephone 617–918–1584, facsimile 617–918–0584, email mackintosh.david@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 32873 Organization of this document: The following outline is provided to aid in locating information in this preamble. I. Background and Purpose II. Connecticut’s Reasonably Available Control Technology Updates III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On May 24, 2013 (78 FR 31459), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Connecticut. In that action, EPA proposed approval of Connecticut’s revisions to Section 22a–174–20 ‘‘Control of Organic Compound Emissions’’ and Connecticut’s newly adopted Section 22a–174–40 ‘‘Consumer Products’’ and Section 22a– 174–44 ‘‘Adhesives and Sealants.’’ These regulations address RACT for the VOC source categories covered by Control Technique Guidelines (CTGs) issued by EPA in 2006, 2007, and 2008 1 and include requirements to reduce VOC emissions from consumer products based on the 2006 Ozone Transport Commission (OTC) model rule. EPA also proposed approval of the negative declarations for the CTGs for which Connecticut determined no applicable sources exist in the State of Connecticut. II. Connecticut’s Reasonably Available Control Technology Updates On February 1, 2008, Connecticut submitted its consumer products regulation to EPA as part of its 8-hour Ozone Attainment Demonstration SIP revision. Then, on November 18, 2008, Connecticut submitted its adhesives and sealants regulation as part of its Annual Fine Particulate Matter (PM2.5) Attainment Demonstration SIP revision. On April 29, 2010, Connecticut submitted a SIP revision that addressed eight CTGs: Flexible package printing; industrial cleaning solvents; large appliance coatings; metal furniture coatings; miscellaneous industrial adhesives; offset lithographic printing and letterpress printing; and paper, film and foil coatings. At that time, Connecticut also submitted negative declarations for three CTGs: Automobile and light-duty truck assembly coating; fiberglass boat manufacturing; and flat wood paneling coating. On November 21, 2012, Connecticut submitted a SIP revision that addressed the CTG for miscellaneous metal and plastic parts coatings. Lastly, in letters dated March 13, 2013 and April 3, 2013, Connecticut withdrew a number of provisions from 1 EPA’s CTGs are posted at http://www.epa.gov/ airquality/ozonepollution/SIPToolkit/ctgs.html. E:\FR\FM\09JNR1.SGM 09JNR1

Agencies

[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32871-32873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13309]



[[Page 32871]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0155]
RIN 1625-AA00


Safety Zone, Atlantic Intracoastal Waterway; Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Intracoastal Waterway at Morehead City, North 
Carolina. The safety zone is necessary to provide for the safety of 
mariners on navigable waters during maintenance on the U.S. 70 Fixed 
Bridge crossing the Atlantic Intracoastal Waterway, mile 203.7, at 
Morehead City, North Carolina. The safety zone will temporarily 
restrict vessel movement within the designated area.

DATES: This rule is effective from 11 p.m. on July 19, 2014 to 5 a.m. 
on April 25, 2015. This rule will be enforced daily from 11 p.m. 
through 5 a.m. from July 19, 2014 to April 25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0155]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 LCDR Evelynn B. Samms, U.S. Coast Guard Sector North 
Carolina; telephone (910) 772-2207, email Evelynn.B.Samms@uscg.mil. If 
you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, 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

    A Notice of Proposed Rulemaking was published on April 01, 2014 in 
the Federal Register (79 FR 18245). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    North Carolina Department of Transportation has awarded a contract 
to FREYSSINET, INC of Sterling, Virginia to perform bridge maintenance 
on the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal 
Waterway, mile 203.7, at Morehead City, North Carolina. Concrete 
demolition, repair, shotcreting work and bridge bearing repair will 
commence on July 19, 2014 with a completion date of April 25, 2015. The 
contractor will utilize a 40 foot by 60 foot barge 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 reduced horizontal clearance. 
Due to the need to protect mariners from the hazards associated with 
the bridge maintenance, vessel traffic will be temporarily restricted 
from transiting within the area. In addition, during this period the 
Coast Guard will require a two hour notification to the work supervisor 
for passage through the U.S. 70 Fixed Bridge along the Atlantic 
Intracoastal Waterway, mile 203.7, Morehead City, North Carolina. The 
bridge notification requirement will apply during the maintenance 
period for vessels requiring a horizontal clearance of greater than 40 
feet.

C. Discussion of the Final Rule

    The temporary safety zone will encompass the waters directly under 
the U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, 
mile 203.7, at Morehead City, North Carolina (34[deg]43'16'' N, 
076[deg]41'37'' W). In the interest of public safety, general 
navigation within the safety zone will be restricted during the 
specified date and times. Except for vessels authorized by the Coast 
Guard Captain of the Port or his representative, no person or vessel 
may enter or remain in the regulated area. All vessels transiting this 
section of the waterway requiring a horizontal clearance of greater 
than 40 feet will be required to make a two hour advanced notification 
to the work supervisor while the safety zone is in effect. This zone 
will be in effect daily, 11 p.m. until 5 a.m., from July 19, 2014 
through April 25, 2015.

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 the designated portion of the Atlantic 
Intracoastal Waterway, it imposes a two hour notification to ensure the 
waterway is clear of impediment to allow passage to vessels requiring a 
horizontal clearance of greater than 40 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 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, 11 
p.m. until 5 a.m., from July 19, 2014 through April 25, 2015.
    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 this section of the Atlantic 
Intracoastal Waterway, vessel traffic requiring a horizontal clearance 
of greater than 40 feet will be able to request passage by providing a 
two hour advanced notification to the work supervisor. All those 
requiring less than 40 feet may pass at any time. Before the effective 
period, the Coast

[[Page 32872]]

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 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 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 temporary Sec.  165.T05-0155 to read as follows:


Sec.  165.T05-0155  Safety Zone, Atlantic Intracoastal Waterway; 
Morehead City, NC.

    (a) Regulated Area. The following area is a safety zone: This zone 
includes the waters directly under and 100 yards either side of the 
U.S. 70 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 
203.7, at Morehead City, North Carolina (34[deg]43'16'' N, 
076[deg]41'37'' 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.T05-0155. In addition the following regulations apply:
    (1) All vessels requiring greater than 40 feet horizontal clearance 
to safely transit through the U.S. 70 Fixed Bridge crossing the 
Atlantic Intracoastal Waterway, mile 203.7, at Morehead City, North 
Carolina must contact the work supervisor tender on VHF-FM marine band 
radio channels 10 and 13

[[Page 32873]]

or at (703) 786-7607 two hour in advance of intended transit.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF-FM marine band radio channels 13 and 16.
    (3) 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.
    (3) Work supervisor means the contractors on site representative.
    (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 daily 11 p.m. 
until 5 a.m., from July 19, 2014 through April 25, 2015 unless 
cancelled earlier by the Captain of the Port.

    Dated: May 19, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-13309 Filed 6-6-14; 8:45 am]
BILLING CODE 9110-04-P