[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44466-44468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18563]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0431]
RIN 1625-AA00


Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Atlantic Intracoastal Waterway at Oak Island, North 
Carolina. The safety zone is necessary to provide for the safety of 
mariners on navigable waters during maintenance of the NC 133 Fixed 
Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8, at Oak 
Island, North Carolina. The safety zone will temporarily restrict 
vessel movement.

DATES: This rule is effective from September 12, 2012 until December 
12, 2012 and will be enforced from 8 a.m. on September 12, 2012 until 8 
p.m. on December 12, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0431]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email CWO4 Joseph M. Edge, U.S. Coast Guard Sector North 
Carolina; telephone 252-247-4525, 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

A. Regulatory History and Information

    On June 15, 2012 a Notice of Proposed Rule Making (NPRM) was 
published in 77 FR 35906. We received no comments on the proposed rule. 
No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for this rule is 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. which collectively authorize the Coast 
Guard to define regulatory safety zones.
    North Carolina Department of Transportation has awarded a contract 
to Marine Contracting Corporation of Virginia Beach, Virginia to 
perform bridge maintenance on the NC 133 Fixed Bridge crossing the 
Atlantic Intracoastal Waterway, mile 311.8, at Oak Island, North 
Carolina. The contract provides for replacing the fender system to 
commence on September 12, 2012 with a completion date of December 12, 
2012. The contractor will utilize a 140 foot deck barge with a 40 foot 
beam as a work platform and for equipment staging. The safety zone will 
provide a safety buffer to transiting vessels as bridge repairs present 
potential hazards to mariners and property due to reduction of 
horizontal clearance. During this period the Coast Guard will require a 
one hour notification to the work supervisor at the NC 133 Fixed Bridge 
at the Atlantic Intracoastal Waterway crossing, mile 311.8, Oak Island, 
North Carolina. The notification requirement will be applicable during 
the maintenance period for vessels requiring a horizontal clearance of 
greater than 50 feet.

C. Discussion of Comments, Changes and the Final Rule

    We received no comments on the proposed rule. No public meeting was 
requested, and none was held.
    The temporary safety zone will encompass the waters directly under 
the NC 133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, 
mile 311.8, at Oak Island, North Carolina (33[deg]55'18'' N/
078[deg]04'22'' W). All vessels transiting this section of the waterway 
requiring a horizontal clearance of greater than 50 feet will be 
required to make a one hour advanced notification to the work 
supervisor at the NC 133 Fixed Bridge while the safety zone is in 
effect. This zone will be in effect and enforced from 8 a.m. September 
12, 2012 through 8 p.m. December 12, 2012.

D. 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.

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule does restrict 
traffic from transiting a portion of the Atlantic Intracoastal 
Waterway; it imposes a one hour notification to ensure the waterway is 
clear of impediment to allow passage to vessels requiring a horizontal 
clearance of greater than 50 feet.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 would affect the following entities, some of 
which may be small entities: The owners or operators of commercial tug 
and barge companies, recreational and commercial fishing vessels 
intending to transit the specified portion of Atlantic Intracoastal 
Waterway from 8 a.m. September 12, 2012 through 8 p.m. December 12, 
2012.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Although the safety zone will apply to this section of the Atlantic 
Intracoastal Waterway, vessel traffic will be able to request passage 
by providing a one hour advanced notification. Before the

[[Page 44467]]

effective period, the Coast Guard will issue maritime advisories widely 
available to the users of the waterway.

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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This 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 rule under that Order and determined 
that this rule 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a temporary safety 
zone. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
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 
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 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; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0431 to read as follows:


Sec.  165.T05-0431  Safety Zone; Atlantic Intracoastal Waterway, Oak 
Island, NC.

    (a) Regulated Area. The following area is a safety zone: This zone 
includes the waters directly under and 100 yards either side of the NC 
133 Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 
311.8, at Oak Island, North Carolina (33[deg]55'18'' N/078[deg]04'22'' 
W).
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0431. In addition the following regulations apply:
    (1) All vessels requiring greater than 50 feet horizontal clearance 
are prohibited from entering this zone, except as authorized by the 
Coast Guard Captain of the Port North Carolina. All other vessels are 
required to transit the zone at no wake speeds.
    (2) All vessels requiring greater than 50 feet horizontal clearance 
to safely

[[Page 44468]]

transit through the NC 133 Fixed Bridge crossing the Atlantic 
Intracoastal Waterway, mile 311.8, at Oak Island, North Carolina must 
contact the work supervisor on VHF-FM marine band radio channels 13 and 
16 one hour in advance of intended transit.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF-FM marine band radio channels 13 and 16.
    (4) The operator of any vessel within or in the immediate vicinity 
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions. (1) Captain of the Port North Carolina means the 
Commander, Coast Guard Sector North Carolina or any Coast Guard 
commissioned, warrant or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port North Carolina to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 8 a.m. 
September 12, 2012 through 8 p.m. December 12, 2012 unless cancelled 
earlier by the Captain of the Port.

    Dated: July 19, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-18563 Filed 7-27-12; 8:45 am]
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