[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Rules and Regulations]
[Pages 76044-76046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31265]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0983]
RIN 1625-AA00


Safety Zone; Power Line Replacement, West Bay, Panama City, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of West Bay Creek and West Bay, to include all waters between 
the Highway 79 Fixed Bridge and the mouth of West Bay Creek out to buoy 
markers 27 and 28 of the Intracoastal Waterway. This action is 
necessary for the protection of vessels and persons on navigable waters 
during the replacement of overhead power lines. Entry into, transiting 
or anchoring in this zone is prohibited to all vessels and persons 
unless specifically authorized by the Captain of the Port (COTP) Mobile 
or a designated representative.

DATES: Effective Date: This rule is effective in the CFR from December 
6, 2011 until 11:59 p.m. December 31, 2011. This rule is effective with 
actual notice for purposes of enforcement beginning 12:01 a.m. November 
14, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0983 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0983 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 and 
U.S. Coast Guard Sector Mobile (spw), Building 102, Brookley Complex 
South Broad Street Mobile, AL 36615, between 8 a.m. and 3:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Lenell J. Carson, Coast Guard Sector 
Mobile, Waterways Division; telephone (251) 441-5940 or email 
[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

    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 there is insufficient time to publish 
a NPRM. The Coast Guard held a meeting with Gulf Coast Power Company on 
October 13, 2011 to discuss potential safety hazards associated with 
their project to replace overhead power lines crossing the Intracoastal 
Waterway. The Coast Guard decided that it would be in the best interest 
for public safety to establish a temporary safety zone. Publishing a 
NPRM for this safety zone is impracticable because it would 
unnecessarily delay the required safety zone's effective date and would 
unnecessarily interfere with an ongoing power line enhancement project. 
The safety zone is needed to protect persons and vessels from safety 
hazards associated with the replacement of overhead power lines.
    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. Following a safety meeting held on 
October 13, 2011 with Gulf Coast Power Company, to discuss potential 
safety hazards associated with their project to replace overhead power 
lines crossing the Intracoastal Waterway, the Coast Guard decided that 
a temporary safety zone would be in the best interest for public 
safety. Providing 30 day notice would be impracticable, and would 
unnecessarily interfere with an ongoing power line enhancement project. 
Any delay to affecting this safety zone would be impracticable because 
immediate action is needed to protect persons and vessels from safety 
hazards associated with the replacement of overhead power lines.

Basis and Purpose

    Gulf Coast Power Company is replacing their 115 kilovolt power 
lines with new 230 kilovolt power lines to increase their power 
capacity in the West Bay area. The COTP Mobile is establishing a 
temporary safety zone for a portion of West Bay to protect persons and 
vessels during the replacement of the overhead power lines.
    The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, this safety zone is deemed necessary for the 
protection of life and property within the COTP Mobile zone.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for a 
portion of West Bay Creek and West Bay, to include all waters between 
the Highway 79 Fixed Bridge and the mouth of West Bay Creek out to buoy 
markers 27 and 28 of the Intracoastal Waterway. This temporary rule 
will protect the safety of life and property in this area. Entry into, 
transiting or anchoring in this zone is prohibited to all vessels, 
mariners, and persons unless specifically authorized by the COTP Mobile 
or a designated representative. The COTP may be contacted by telephone 
at (251) 441-5976.
    The COTP Mobile or a designated representative will inform the 
public through broadcast notice to mariners of changes in the effective 
period and enforcement times for the safety zone. This rule is 
effective from November 14, 2011 through December 31, 2011. Enforcement 
times will be during daylight hours only and exact enforcement dates 
will be broadcasted via a Safety Broadcast Notice to Mariners.

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, 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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    The temporary safety zone established in this rule will restrict 
vessel traffic from entering, transiting or anchoring in a small 
portion of West Bay Creek and West Bay, during the replacement of 
overhead power lines. The effect of this regulation will not be 
significant for several reasons: (1) This rule will only

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affect vessel traffic for a short duration; (2) vessels may request 
permission from the COTP to transit through the safety zone; and (3) 
the impacts on routine navigation are expected to be minimal. 
Notifications to the marine community will be made through local notice 
to mariners and broadcast notice to mariners. These notifications will 
allow the public to plan operations around the affected area.

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 or operators of vessels intending to 
transit or anchor in affected portions of West Bay Creek and West Bay, 
during the replacement of overhead power lines. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. The zone is limited in size, is of 
short duration and vessel traffic may request permission from the COTP 
Mobile or a designated representative to enter or transit through the 
zone.

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 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 (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.

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.

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 the public from dangers associated 
with power line replacement. An environmental analysis checklist and a 
categorical exclusion

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determination will be made available as directed under the ADDRESSES 
section.

List of Subjects 33 CFR Part 165

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

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. 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.T08-0983 to read as follows:


Sec.  165.T08-0983  Safety Zone; Power Line Replacement, West Bay, 
Panama City, FL

    (a) Location. The following area is a safety zone: A portion of 
West Bay Creek and West Bay, to include all waters between the Highway 
79 Fixed Bridge and the mouth of West Bay Creek out to buoy markers 27 
and 28 of the Intracoastal Waterway.
    (b) Effective dates. This rule will be effective from November 14, 
2011, through December 31, 2011. Enforcement times will be during 
daylight hours only and exact enforcement dates will be broadcasted via 
a Safety Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart C, entry into this zone is prohibited unless 
authorized by the Captain of the Port Mobile or a designated 
representative.
    (2) Vessels desiring to enter into or passage through the zone must 
request permission from the Captain of the Port Mobile or a designated 
representative. They may be contacted on VHF-FM channels 16 or by 
telephone at (251) 441-5976.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or designated 
representative. Designated representatives include commissioned, 
warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts: The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule.

    Dated: November 10, 2011.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2011-31265 Filed 12-5-11; 8:45 am]
BILLING CODE 9110-04-P