[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Rules and Regulations]
[Pages 34365-34367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14628]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0091]
RIN 1625-AA00
Safety Zone, Alligator River, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Alligator River at East Lake, North Carolina. The safety
zone is intended to temporarily restrict vessel traffic movement in the
zone area and is necessary to provide for the safety of mariners on
navigable waters during maintenance on the U.S. Highway 64 Swing
Bridge.
DATES: This rule is effective from 7 p.m. July 1, 2010 through 7 a.m.
September 30, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0091 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0091 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, 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 e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone (252) 247-
4525, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment 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(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
because the publishing of an NPRM would be impracticable and contrary
to public interest since immediate action is needed to ensure the
public's safety during construction activity. Delaying the
implementation of the safety zone would subject the public to the
hazards associated with maintenance operations on the US Highway 64
Swing Bridge. The danger posed by marine traffic on the Alligator River
makes safety zone regulations necessary to provide for the safety of
construction support vessels and other vessels transiting the
construction area. For the safety concerns noted, it is in the public
interest to have these regulations in effect during construction. The
Coast Guard will issue broadcast notice to mariners to advise vessel
operators of
[[Page 34366]]
navigational restrictions. On-scene Coast Guard and local law
enforcement vessels will also provide actual notice to mariners.
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. Delaying the effective date would
be contrary to public interest, since immediate action is needed to
ensure the safety of human life and property from the hazards
associated with the operation of heavy equipment in the waterway during
bridge maintenance operations.
Basis and Purpose
The State of North Carolina Department of Transportation awarded a
contract to Coastal Gunite Construction Company of Cambridge, MD to
perform bridge maintenance on the U.S. Highway 64 Swing Bridge crossing
the Alligator River, North Carolina at Atlantic Intracoastal Waterway
Mile 84.2. The contract provides for cleaning, painting, and steel
repair to begin on July 1, 2010 and will be completed by September 30,
2010. The contractor will require the swing bridge to remain in the
closed position during painting. The Coast Guard will temporarily
restrict access to this section of Alligator River during the painting
of the swing when maintenance equipment will be obstructing the
waterway.
Discussion of Rule
The temporary safety zone will encompass a 100 yard radius on the
waters of the Alligator River centered at (35[deg]54'3'' N/
076[deg]00'25'' W) a position directly under the U.S. Highway 64 Swing
Bridge. All vessels are prohibited from transiting this section of the
waterway while the safety zone is in effect. This zone will be in
effect from 7 p.m. to 7 a.m. daily from July 1, 2010 through September
30, 2010. A daily opening will be provided at 1 a.m. if a two hour
advanced notice is provided to the contractor by contacting the bridge
at telephone number (252) 796-7261 or VHF Marine Band Radio channel 13.
Entry into the zone at any other time during the closure period will
not be permitted except as specifically authorized by the Captain of
the Port or a designated representative. To seek permission to transit
the area, mariners can contact Sector North Carolina at telephone
number (252) 247-4570.
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.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this regulation will restrict access to the area, the
effect of this rule will not be significant because: (i) The safety
zone will only be in effect from 7 p.m. to 7 a.m. daily, (ii) a daily
opening will be provided at 1 a.m. if a two hour advanced notice is
provided to the contractor by contacting the bridge at telephone number
(252) 796-7261 or VHF Marine Band Radio channel 13 (iii) the Coast
Guard will give advance notification via maritime advisories so
mariners can adjust their plans accordingly, and (iv) although the
safety zone will apply to the section of the Alligator River directly
under the U.S. Highway 64 Swing Bridge, vessel traffic can use
alternate waterways to transit safely around the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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 commercial tug and barge
companies, recreational and commercial fishing vessels intending to
transit the specified portion of Alligator River from 7 p.m. to 7 a.m.
from July 1, 2010 through September 30, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will only be enforced daily from 7 p.m. to 7 a.m. and a daily
opening will be provided at 1 a.m. if a two hour advanced notice is
provided to the contractor by contacting the bridge at telephone number
(252) 796-7261 or VHF Marine Band Radio channel 13. Although the safety
zone will apply to this section of the Alligator River, vessel traffic
can use alternate waterways to transit safely around the safety zone.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to the users of the waterway.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
[[Page 34367]]
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.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves temporary safety zone to protect
the public from bridge maintenance operations. An environmental
analysis checklist 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.
0
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. 1226, 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;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. Add Sec. 165.T05-0091 to read as follows:
Sec. 165.T05-0091 Safety Zone; Alligator River, NC.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Representative means
any Coast Guard commissioned, warrant, or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
(b) Location. The following area is a safety zone: The temporary
safety zone will encompass a 100 yard radius on the waters of the
Alligator River centered at (35[deg]54'3'' N/076[deg]00'25'' W) a
position directly under the U.S. Highway 64 Swing Bridge.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
(2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at (252) 247-4570 or by VHF Marine Band Radio
channels 13 and 16.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This zone will be in effect from 7 p.m. to
7 a.m. daily from July 1, 2010 through September 30, 2010. A daily
opening will be provided at 1 a.m. if a two hour advanced notice is
provided to the contractor by contacting the bridge at telephone number
(252) 796-7261 or VHF Marine Band Radio channel 13.
Dated: May 21, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-14628 Filed 6-16-10; 8:45 am]
BILLING CODE 9110-04-P