[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5720-5722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01634]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1062]
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 extending the temporary safety zone 
established 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 on the NC 133 
Fixed Bridge crossing the Atlantic Intracoastal Waterway, mile 311.8, 
at Oak Island, North Carolina. The safety zone extension will 
temporarily restrict vessel movement within the designated area 
starting on February 14, 2013 through June 15, 2013.

DATES: This rule is effective from February 14, 2013 through June 15, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1062]. 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

    The Coast Guard is extending the initial Temporary Final Rule 
USCG--2012-0431. On June 15, 2012 a Notice to Proposed Rulemaking was 
published in 77 FR 35906 for USCG -2012-0431. A subsequent Notice to 
Proposed Rulemaking was published on September 13, 2012 in 77 FR 56587 
for USCG-2012-0811. We received no comments on this proposed rule.

B. Basis and Purpose

    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 which 
commenced on September 12, 2012 with an initial completion date of 
December 12, 2012. Subsequently, the contractor was granted an 
extension by North Carolina Department of Transportation until February 
14, 2013. However, due to the presence of rock on the sea bed, which 
has impacted the construction progress, NCDOT has granted an additional 
extension until June 15, 2013 to complete the bridge maintenance. The 
contractor will utilize a 140 foot deck barge with a 40 foot beam as a 
work platform and for equipment staging. This 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 apply during the 
maintenance period for vessels requiring a horizontal clearance of 
greater than 50 feet.

C. Discussion of the Final Rule

    The temporary safety zone will encompass the waters directly under 
the

[[Page 5721]]

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. The initial safety 
zone was in effect from 8 a.m. September 12, 2012 to 8 p.m. December 
12, 2012. An extension changed the end date of the zone to February 14, 
2013. Here, the additional extension will again extend the end date 
from 8 p.m. February 14, 2013 to 8 p.m. June 15, 2013.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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 not 
restrict traffic from transiting through the noted portion of the 
Atlantic Intracoastal Waterway; it only 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 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 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 affects 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 p.m. February 14, 2013 through 8 p.m. June 
15, 2103.
    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 the entire width of this section 
of the Atlantic Intracoastal Waterway, vessel traffic will be able to 
request passage by providing a one hour advanced notification. Before 
the effective period, the Coast Guard will issue maritime advisories 
widely available to the users of the waterway. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this 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 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 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 
INTFORMATION 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,

[[Page 5722]]

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

0
2. Add temporary Sec.  165.T05-1062 to read as follows:


Sec.  165.T05-1062  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.T05-1062. In addition the following regulations apply:
    (1) All vessels requiring greater than 50 feet horizontal clearance 
to safely 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.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF-FM marine band radio channels 13 and 16.
    (3) 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.
    (3) Work Supervisor means the contractors on site representative.
    (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 p.m. 
February 14, 2013 through 8 p.m. June 15, 2013, unless cancelled 
earlier by the Captain of the Port.

    Dated: January 11, 2013.
A. Popiel,
Captain, U.S. Coast Guard Captain of the Port Sector North Carolina.
[FR Doc. 2013-01634 Filed 1-25-13; 8:45 am]
BILLING CODE 9110-04-P