[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Rules and Regulations]
[Pages 69388-69390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28051]


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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: Temporary final rule.

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SUMMARY: The Coast Guard has established 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 will be 
prohibited to all vessels, mariners, and persons unless specifically 
authorized by the Captain of the Port Mobile or a designated 
representative.

DATES: This rule is effective in the CFR on November 19, 2012 through 
November 30, 2012. This rule is effective with actual notice for 
purposes of enforcement on October 12, 2012. This rule will remain in 
effect through November 30, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0518. 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 
temporary rule, call or email LT Lenell J. Carson, Sector Mobile, 
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, 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
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard published a NPRM in the Federal Register on July 
10, 2012 (77 FR 40541), providing proper notice and opportunity to 
comment on this rule. No comments were received nor were there any 
requests for a public meeting. The Coast Guard also published a TFR in 
the Federal Register on September 14, 2012 (77 FR 56772).
    The Coast Guard is making this rule effective less than 30 days 
after publication in the Federal Register pursuant to authority the 
Administrative Procedure Act (APA) (5 U.S.C. 533(d)). This provision 
authorizes an agency to make a rule effective less than 30 days after 
publication in the Federal Register 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(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. This action is 
necessary for the protection of persons and vessels, on navigable 
waters, during the construction of a subaqueous water main that begun 
in June 2012. It would be contrary to public interest to delay the 
effective date of the rule.

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 is establishing a 
temporary safety zone for a portion of GICW in Choctawhatchee Bay, 
Santa Rosa Beach, FL. This 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 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 
regulation. However, the temporary safety zone is deemed necessary for 
the protection of life and property within the COTP Mobile zone.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The regulatory text for this rule has been amended reflecting an 
updated effective period and anticipated closure times for the safety 
zone. The original effective date of September 14, 2012 to October 14, 
2012 has been amended to read; October 12, 2012 to November 30, 2012. 
This amendment is necessary to reflect changes in the project's 
timeline due to delays caused by severe tropical weather.
    The Coast Guard has established 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 rule will protect the safety of life 
and property in this area. Entry into or transiting in this zone will 
be prohibited to all vessels, mariners, and persons unless specifically 
authorized by the COTP Mobile or a designated

[[Page 69389]]

representative. The COTP may be contacted by telephone at (251) 441-
5976.
    This rule will be effective and enforceable with actual notice from 
October 12, 2012 to November 30, 2012. The COTP Mobile anticipates that 
this rule will be enforced for approximately three (3) days, to include 
a complete Twenty-Four (24) hour closure of the GICW. The COTP Mobile 
or a designated representative will inform the public through Broadcast 
Notices to Mariners of the specific enforcement periods throughout the 
water main construction project as well as any changes in the safety 
zone.

D. Regulatory Analyses

    We developed this 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 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.
    The temporary safety zone listed in this rule will only restrict 
vessel traffic from entering or transiting a small portion of the GICW. 
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 rule will only affect 
vessel traffic 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 Notices to Mariners and Broadcast Notices to Mariners. These 
notifications will allow the public to plan operations around the 
affected area.

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 0 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 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.

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

8. Taking of Private Property

    This 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 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 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 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 rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That

[[Page 69390]]

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 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 rule involves a temporary safety 
zone for a portion of the GICW in Choctawhatchee Bay, Santa Rosa Beach, 
FL, for the safety of 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 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.

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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T08-0518 to read as follows:


Sec.  165.T08-0518  Safety Zone; Water Main Crossing; 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 rule is effective from October 12, 2012 
to November 30, 2012.
    (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: October 12, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-28051 Filed 11-16-12; 8:45 am]
BILLING CODE 9110-04-P