[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5267-5270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1980]


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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: Temporary final rule.

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[[Page 5268]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Beaufort River portion of the Atlantic Intracoastal Waterway, South 
Carolina during 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 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: This rule is effective from 9 a.m. on January 31, 2011 through 5 
p.m. on February 4, 2011. This rule will be enforced daily from 9 a.m. 
until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through 
February 4, 2011.

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-2010-0995 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0995 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 Blanchfield, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone 843-
740-3184, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On Friday, November 12, 2010, we published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; Beaufort River/Atlantic 
Intracoastal Waterway, Beaufort, South Carolina in the Federal Register 
(75 FR 69371). We received two comments on the proposed rule. No public 
meeting was requested, and none was held.
    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. The Coast Guard did not receive 
information regarding the need for a change in the effective date of 
the rule with sufficient time to publish the rule at least 30 days 
prior to the effective date.

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. 
Because of the safety hazards associated with the construction of the 
bridge and related activities, the Coast Guard is establishing a 
temporary safety zone to protect life and property on the waters of the 
Atlantic Intracoastal Waterway/Beaufort River in the vicinity of the 
J.E. McTeer Bridge. The safety zone will be enforced daily from 9 a.m. 
until 12 p.m. and from 2 p.m. until 5 p.m. on January 31, 2011 through 
February 4, 2011.

Discussion of Comments and Changes

    We received two comments regarding the proposed rule. The first 
comment was regarding the reference to the Lady's Island Marina in the 
Small Entities section of the NPRM. The reference in the NPRM was 
incorrect. The marina located adjacent to the J.E. McTeer Bridge is the 
Port Royal Landing Marina, not the Lady's Island Marina. The Coast 
Guard has corrected the reference in the Small Entities section of this 
rule. The second comment was regarding the possible adverse effect the 
safety zone would have on vessel traffic on the Intracoastal Waterway 
and, therefore, the number of vessels visiting the Port Royal Landing 
Marina. The safety zone will encompass only the main navigational 
channel and the side of the Beaufort River where the construction 
equipment is staged. The construction equipment is staged on the 
opposite side of the Beaufort River from the Port Royal Landing Marina. 
During the enforcement period, vessels may still transit the waterway 
under a different span of the J.E. McTeer Bridge. Additionally, the 
safety zone will only be enforced six hours each day. Therefore, 
vessels may still use the main navigational channel of the Beaufort 
River before, during, and after the enforcement periods.
    The effective date of the rule has been changed from the NPRM. The 
NPRM stated that the effective date was anticipated to be from January 
24, 2011 through January 28, 2011. The effective date of the rule is 
now 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011.

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.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation is unnecessary. This 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 may 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.

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 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

[[Page 5269]]

that portion of the Beaufort River encompassed within the safety zone; 
and (2) the owner and operator of the Port Royal Landing Marina, which 
is located adjacent to the J.E. McTeer Bridge.
    This safety zone will not have a 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 may 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; (4) vessels may access the Port Royal Landing Marina 
during the safety zone enforcement period by transiting around the 
safety zone under another span of the J.E. McTeer Bridge; and (5) 
advance notification will be made to the local maritime community via 
broadcast notice to mariners and marine safety information bulletins.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 involves establishing a 
temporary safety zone to protect life and property on the navigable 
waters on the Beaufort River during construction and expansion of the 
J.E. McTeer Bridge. 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 5270]]

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. 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 a temporary Sec.  33 CFR 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, marine safety 
information bulletins, and by on-scene designated representatives.
    (d) Effective Date and Enforcement Periods. The rule is effective 
from 9 a.m. on January 31, 2011 through 5 p.m. on February 4, 2011. The 
rule will be enforced daily from 9 a.m. until 12 p.m. and from 2 p.m. 
until 5 p.m. on January 31, 2011 through February 4, 2011.

    Dated: January 21, 2011.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2011-1980 Filed 1-28-11; 8:45 am]
BILLING CODE 9110-04-P