[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22195-22197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08732]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1082]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway; Wrightsville Beach, 
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 
Wrightsville Beach, North Carolina. The safety zone is necessary to 
provide for the safety of mariners on navigable waters during 
maintenance on the US 74/76 Bascule Bridge crossing the Atlantic 
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North 
Carolina. The safety zone extension will temporarily restrict vessel 
movement within the designated area starting on May 1, 2013, through 
July 27, 2013.

DATES: This rule is effective from 8 p.m. on May 1, 2013, until 8 p.m. 
on July 27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1082]. 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 
Barbara Hairston, 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 safety zone originally established 
on July 17, 2012, entitled, ``Safety Zone, Atlantic Intracoastal 
Waterway; Wrightsville Beach, NC.'' (77 FR 41911, USCG-2012-0368). We 
received no adverse comments on the proposed rule or temporary final 
rule.
    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 because the repair work will 
continue despite the expiration of the previous safety zone. Immediate 
action is necessary to protect the maritime public and facilitate this 
bridge maintenance, and therefore a delay in enacting this safety zone 
would be impracticable.

B. Basis and Purpose

    The North Carolina Department of Transportation awarded a contract 
to American Bridge Company of Coraopolis, PA to perform bridge 
maintenance on the U.S. 74/76 Bascule Bridge crossing the Atlantic 
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, North 
Carolina. The contract provides for cleaning, painting, steel repair, 
and grid floor replacement to commence on September 1, 2012. The 
original completion date was May 1, 2013, however, the contractor was 
recently granted an extension on the completion date by North Carolina 
Department of Transportation to July 27, 2013.
    The contractor will utilize a 40 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 
horizontal clearance.

[[Page 22196]]

C. Discussion of the Final Rule

    The temporary safety zone will encompass the waters directly under 
the U.S. 74/76 Bascule Bridge crossing the Atlantic Intracoastal 
Waterway, mile 283.1, at Wrightsville Beach, North Carolina 
(34[deg]13'07'' N, 077[deg]48'46'' 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 U.S. 74/76 Bascule Bridge tender while the safety zone is in 
effect. The initial safety zone is currently in effect, and began on 8 
a.m. September 1, 2012, is scheduled to be in effect through 8 p.m. May 
1, 2013. The extension will be in effect from 8 p.m. May 1, 2013, 
through 8 p.m. July 27, 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 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 p.m. May 1, 2013 through 8 
p.m. July 27, 2013.
    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.

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.

[[Page 22197]]

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 Sec.  165.T05-1082 to read as follows:


Sec.  165.T05-1082  Safety Zone; Atlantic Intracoastal Waterway, 
Wrightsville Beach, 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 US 
74/76 Bascule Bridge crossing the Atlantic Intracoastal Waterway, mile 
283.1, at Wrightsville Beach, North Carolina (34[deg]13'07'' N/
077[deg]48'46'' 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.T05-1082. In addition the following regulations apply:
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port North 
Carolina.
    (2) All vessels requiring greater than 50 feet horizontal clearance 
to safely transit through the U.S. 74/76 Bascule Bridge crossing the 
Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, 
North Carolina must contact the bridge tender on VHF-FM marine band 
radio channels 13 and 16 one hour in advance of intended transit.
    (3) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port North 
Carolina or his designated representative by telephone at (910) 343-
3882 or on VHF-FM marine band radio channel 16.
    (4) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF-FM marine band radio channels 13 and 16.
    (5) 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 p.m. 
May 1, 2013 through 8 p.m. July 27, 2013 unless cancelled earlier by 
the Captain of the Port.

    Dated: February 26, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-08732 Filed 4-12-13; 8:45 am]
BILLING CODE 9110-04-P