[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Proposed Rules]
[Pages 69371-69373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28680]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0995]
RIN 1625-AA00


Safety Zone; Beaufort River/Atlantic Intracoastal Waterway, 
Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the Beaufort River portion of the Atlantic Intracoastal Waterway, 
South Carolina during the construction and expansion of the J.E. McTeer 
Bridge, also referred to as the S.C. 802 Bridge. This regulation is 
necessary to protect life and property on the navigable waters of the 
Beaufort River during the construction and expansion of the J.E. McTeer 
Bridge. Persons and vessels will be prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port Charleston or a designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 13, 2010. The Coast Guard anticipates that 
this proposed rule will be effective from January 24, 2011 through 
January 28, 2011 and enforced daily from 9 a.m. until 12 p.m. and 2 
p.m. until 5 p.m. on January 24, 2011 through January 28, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0995 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Lieutenant Julie Blanchfield, Coast Guard; 
telephone 843-740-3184, e-mail [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0995), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0995'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\; by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0995'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The construction and expansion of the J.E. McTeer Bridge will 
create safety hazards within the main channel of the Beaufort River in 
the vicinity of the J.E. McTeer Bridge due to the presence of 
construction equipment and the nature of the construction project. The 
described portion of the Atlantic Intracoastal Waterway/Beaufort River 
will be affected daily from 9 a.m. until

[[Page 69372]]

12 p.m. and 2 p.m. until 5 p.m. on January 24, 2011 through January 28, 
2011. The safety zone is necessary to protect the public from the 
hazards associated with the construction of the J.E. McTeer Bridge and 
related activities.

Discussion of Proposed Rule

    The proposed rule would designate a temporary safety zone on the 
Beaufort River in the vicinity of the J.E. McTeer Bridge in Beaufort, 
South Carolina, which connects Lady's Island to Port Royal Island. The 
temporary safety zone will be enforced daily from 9 a.m. until 12 p.m. 
and 2 p.m. until 5 p.m. on January 24, 2011 through January 28, 2011. 
Persons and vessels may not enter, transit through, anchor in, or 
remain within the safety zone unless authorized by the Captain of the 
Port Charleston or a designated representative. Persons and vessels may 
request permission to enter, transit through, anchor in, or remain 
within the safety zone by contacting a designated representative on 
VHF-FM Channel 16 or via telephone at 843-740-7050.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full regulatory evaluation is unnecessary. This proposed 
rule may have some impact on the public, but these potential impacts 
will be minimal for the following reasons: (1) Persons and vessels will 
be prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone for a total of six hours each day for 
five consecutive days; (2) although persons and vessels will not be 
able to enter, transit through, anchor in, or remain within the safety 
zone without authorization from the Captain of the Port Charleston or a 
designated representative, they will be able to operate in the 
surrounding area during the effective period; (3) vessels may still 
enter, transit through, anchor in, or remain within the safety zone if 
authorized by the Captain of the Port Charleston or a designated 
representative; and (4) advance notification will be made to the local 
maritime community via broadcast notice to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This rule may affect the following entities, 
some of which may be small entities: (1) The owners or operators of 
vessels intending to enter, transit through, anchor in, or remain 
within that portion of the Beaufort River encompassed within the safety 
zone; and (2) the owner and operator of the Lady's Island Marina, which 
is located adjacent to the J.E. McTeer Bridge.
    This safety zone will not have significant economic impact on a 
substantial number of small entities for the following reasons: (1) 
Persons and vessels will be prohibited from entering, transiting 
through, anchoring in, or remaining within the safety zone for a total 
of six hours each day for five consecutive days; (2) although persons 
and vessels will not be able to enter, transit through, anchor in, or 
remain within the safety zone without authorization from the Captain of 
the Port Charleston or a designated representative, they will be able 
to operate in the surrounding area during the effective period; (3) 
vessels may still enter, transit through, anchor in, or remain within 
the safety zone if authorized by the Captain of the Port Charleston or 
a designated representative; and (4) advance notification will be made 
to the local maritime community via broadcast notice to mariners and 
marine safety information bulletins.
    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.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Julie Blanchfield at 
843-740-3184. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation,

[[Page 69373]]

eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing a temporary safety zone on the Beaufort 
River in Beaufort, South Carolina, which is categorically excluded, 
under figure 2-1, paragraph (34)(g), of the Instruction. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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:

    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.

    2. Add a temporary Sec.  165.T07-0995 to read as follows:


Sec.  165.T07-0995  Safety Zone; Beaufort River/Atlantic Intracoastal 
Waterway, Beaufort, SC.

    (a) Regulated Area. The following regulated area is a safety zone: 
All waters of the Beaufort River in Beaufort, South Carolina 
encompassed within an imaginary line connecting the following points: 
starting at Point 1 in position 32[deg]23' 44.92'' N, 80[deg]40'31.43'' 
W; thence south to Point 2 in position 32[deg]23'30.92'' N, 
80[deg]40'30.75'' W; thence east to Point 3 in position 
32[deg]23'30.15'' N, 80[deg]40'12.93'' W; thence north to Point 4 in 
position 32[deg]23'44.22'' N, 80[deg]40'18.68'' W; thence west to 
origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the Captain of the Port Charleston or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at 843-740-7050, or a designated 
representative via VHF radio on channel 16 to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted by the Captain of the Port Charleston or 
a designated representative, all persons and vessels receiving such 
permission must comply with the instructions of the Captain of the Port 
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
    (d) Effective Date. The rule is effective daily from 9 a.m. until 
12 p.m. and 2 p.m. until 5 p.m. on January 24, 2011 through January 28, 
2011.

    Dated: November 4, 2010.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2010-28680 Filed 11-9-10; 4:15 pm]
BILLING CODE 9110-04-P