[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Rules and Regulations]
[Pages 5511-5513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2215]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0878]
RIN 1625-AA00


Safety Zone; AICW Closure Safety Zone for Ben Sawyer Bridge 
Replacement Project, Sullivan's Island, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Atlantic Intracoastal Waterway for the safe 
removal and replacement of the old and new approach spans of the Ben 
Sawyer Swing Bridge. This regulation is necessary to protect life and 
property on the navigable waters of the Atlantic Intracoastal Waterway 
from the dangers associated with the construction project. No vessel or 
person is allowed in this zone unless authorized by the Captain of the 
Port or a designated representative.

DATES: Effective Date: this rule is effective in the CFR from February 
3, 2010 until 11:59 p.m. February 13, 2010. This rule is effective with 
actual notice for purposes of enforcement beginning 7 a.m. February 3, 
2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0878 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0878 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
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 
temporary rule, call or e-mail Lieutenant Julie Miller, Sector 
Charleston office of Waterways Management Coast Guard; telephone 843-
720-3273, e-mail [email protected]. If you have any questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because hazards associated with the bridge 
replacement, including potential falling debris and the use of heavy 
equipment and machinery in the waterway, could lead to severe injury, 
fatalities and/or destruction of public property. Therefore, immediate 
action is needed to ensure the public's safety from the hazards noted 
above.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reasons as stated 
above.

Background and Purpose

    The removal and replacement of the old and new spans of the Ben 
Sawyer Bridge are scheduled to begin on February 3, 2010. This 
operation presents a potential hazard to mariners from falling debris 
and the use of heavy equipment and machinery. To provide for the safety 
of the public, the Coast Guard will temporarily restrict access to this 
section of the Atlantic Intracoastal Waterway during bridge replacement 
operations.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone to 
encompass the waters of the Atlantic Intracoastal Waterway Mile 462.2, 
extending 180 yards northwest of the Ben Sawyer Bridge, and 220 yards 
southwest of the Ben Sawyer Bridge (32[deg]46.22 N, 079[deg]50.31 W 
(NAD 1983)). The actual date of the bridge spans removal and 
replacement is subject to change due to weather and other scheduling 
constraints. Notification of the safety zone will be announced through 
broadcast notice to mariners, marine safety information bulletins, 
local media press releases, and on-scene Coast Guard assets. Marine 
traffic will not be permitted to enter the safety zone without 
permission of the Captain of the Port Charleston or his designated 
representative. Traffic needing permission to pass through the safety 
zone can contact the COTP on VHF-FM channel 16 or via phone at (843) 
740-7050.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this regulation will restrict access to the area, the 
effect of the rule will not be significant because the safety zone will 
only be in effect for a short duration and only affects a small portion 
of the waterway. Additionally, advanced outreach and notification to 
marine traffic notifying them of the upcoming closure will occur, 
therefore marine traffic should be able to plan transits around closure 
dates or plan safe alternate transit routes if transiting during the 
expected closure dates.

[[Page 5512]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 will affect the following entities, some of which 
may be small entities: the owners and operators of vessels intending to 
transit the affected portion of the Atlantic Intracoastal Waterway from 
7 a.m. on February 3, 2010 to 11:59 p.m. on February 13, 2010. This 
impact will not be significant but may have impact on routine 
navigation because the safety zone will be effective for 10 days and 
close down the entire portion of the Atlantic Intracoastal Waterway. 
Although the safety zone will apply to the entire width of the Atlantic 
Intracoastal Waterway channel at the Ben Sawyer Bridge, the Coast Guard 
will outreach to traffic in advance of the bridge closure, so that they 
may schedule trips and plan alternate routes accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 34(g), 
of the Instruction. This rule establishes a temporary safety zone to 
protect the public from bridge replacement operations. An environmental 
analysis checklist and a categorical exclusion determination will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

[[Page 5513]]


0
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. 1226, 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.T07-0078 to read as follows:


Sec.  165.T07-0078  Safety Zone; AICW Closure Safety Zone for Ben 
Sawyer Bridge Replacement Project, Sullivan's Island, SC.

    (a) Location. The Coast Guard is establishing a temporary safety 
zone for the Ben Sawyer Bridge span replacement project at the Ben 
Sawyer Bridge located at Atlantic Intracoastal Waterway Mile 462.2 
(32[deg]46.22 N, 079[deg]50.31 W (NAD 1983)). The safety zone will 
encompass the entire waterway from 180 yards northwest of the Ben 
Sawyer Bridge to 220 yards southwest of the Bridge.
    (b) Definition. The following definition applies to this section:
    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 Charleston, South 
Carolina.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may anchor, moor, or 
transit the safety zone without permission of the Captain of the Port 
Charleston, South Carolina, or his designated representative. The Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the restriction.
    (d) Effective Period. This rule will be enforced from 7 a.m. 
February 3, 2010 through 11:59 p.m. February 13, 2010.

M.F. McAllister,
Captain, U.S. Coast Guard, Captain of the Port Charleston South 
Carolina.
[FR Doc. 2010-2215 Filed 2-2-10; 8:45 am]
BILLING CODE 9110-04-P