[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40541-40544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16788]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0518]
RIN 1625-AA00


Safety Zone; Water Main Crossing; Choctawhatchee Bay; Santa Rosa 
Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for a portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay, 
Santa Rosa Beach, FL. This action is necessary for the protection of 
persons and vessels, on navigable waters, during the construction of a 
subaqueous water main. Entry into or transiting in this zone, during 
daylight hours, will be prohibited to all vessels, mariners, and 
persons unless specifically authorized by the Captain of the Port 
Mobile or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 9, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0518 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. Deliveries accepted 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed

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rule, call or email LT Lenell J. Carson, Coast Guard Sector Mobile, 
Waterways Management Division; telephone (251) 441-5940 or email 
[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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
GICW Gulf Intracoastal Waterway
COTP Captain of the Port
LLNR Light List Number

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2012-0518), 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 at 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, 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 email 
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, 
type the docket number (USCG-2012-0518) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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 proposed 
rule based on your comments.

2. 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, 
type the docket number (USCG-2012-0518) 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.

3. 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).

4. Public Meeting

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

B. Basis and Purpose

    A 36'' subaqueous water main is being constructed across the 
Choctawhatchee Bay to improve water system delivery. The water main 
will cross the GICW, a federally maintained navigable channel. 
Construction of the water main and the required use of turbidity silt 
curtains pose significant safety hazards to both vessels and mariners 
operating in or near the GICW. The COTP Mobile proposes to establish a 
temporary safety zone for a portion of GICW in Choctawhatchee Bay, 
Santa Rosa Beach, FL. This proposed temporary safety zone is deemed 
necessary to protect persons and vessels during construction of the 
water main across the GICW. The legal basis and authorities for this 
proposed rule are found in 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, and 160.5; 
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
propose, establish, and define regulatory safety zones.
    The COTP anticipates some impact on vessel traffic due to this 
proposed regulation. However, the proposed temporary safety zone is 
deemed necessary for the protection of life and property within the 
COTP Mobile zone.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone for a 
portion of the GICW in Choctawhatchee Bay from the Highway 331 fixed 
bridge west to the Red Nun Buoy ``26'' (LLNR 31510), to include the 
entire width of the channel. This proposed rule will protect the safety 
of life and property in this area. Entry into or transiting in this 
zone, during daylight hours, will be 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 proposed safety zone will be effective for the months of August 
and September 2012. The COTP Mobile anticipates that this proposed rule 
will be enforced during daylight hours for approximately seven (7) days 
sometime between August and September 2012. If the final dates are 
determined, dates and times will be published in the temporary final 
rule. The Coast Guard will issue broadcast notice to mariners and local 
notice to mariners of the exact dates of enforcement of the regulation.

D. Regulatory Analyses

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

1. 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, 
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

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Budget has not reviewed it under those Orders.
    The temporary safety zone listed in this proposed rule will only 
restrict vessel traffic from entering or transiting a small portion of 
the GICW during daylight hours. The effect of this regulation will not 
be significant for several reasons: (1) The COTP Mobile will issue 
maritime advisories widely available to users of the waterway; (2) this 
proposed rule will only affect vessel traffic during daylight hours and 
that are subject to transiting the GICW due to draft restrictions; 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.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities. This proposed rule will affect the following entities, 
some of which may be small entities: The owners or operators of vessels 
intending to transit the affected portion of the GICW during 
construction of the water main. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone is limited in size, is of 
short duration and shallow draft vessel traffic may pass safely around 
the temporary safety zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

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 proposed rule. If the proposed 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. 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.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
have determined that it 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this proposed 
rule elsewhere in this preamble.

8. 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.

9. 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, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children From Environmental Health Risks and Safety 
Risks. This proposed 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 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves safety for the public and is not expected to result in any 
significant adverse environmental impact as described in NEPA. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure

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2-1 of the Commandant Instruction. A preliminary 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 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. 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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.T08-0518 to read as follows:


Sec.  165.T08-0518  Safety Zone; Choctawhatchee Bay; Santa Rosa Beach, 
FL.

    (a) Location. The following area is a temporary safety zone: a 
portion of the Gulf Intracoastal Waterway in Choctawhatchee Bay from 
the Highway 331 fixed bridge west to the Red Nun Buoy ``26'' (LLNR 
31510), to include the entire width of the channel.
    (b) Effective dates. This regulation is effective from August 1, 
2012 to September 30, 2012. The Coast Guard will issue broadcast notice 
to mariners and local notice to mariners of the exact dates of 
enforcement of the regulation.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited unless authorized by the 
Captain of the Port Mobile or a designated representative.
    (2) Persons or vessels not restricted to navigation in the Gulf 
Intracoastal Waterway by draft and that can safely do so, may pass 
around the zone while maintaining a safe distance and transiting at 
slowest safe navigational speed.
    (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: June 8, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-16788 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P