Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Proposed Rules 72155 

audio-digital recorder and then make 

that audio recording available through a 

link in our online docket. We will also 

provide a written summary of the 

meeting and comments and will place 

that summary in the docket. 

Dated: November 25, 2014. 

Kevin S. Cook, 

Rear Admiral, Commander, U.S. Coast Guard, 

Eighth Coast Guard District. 

[FR Doc. 2014–28608 Filed 12–4–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0718] 

RIN 1625–AA00 

Safety Zone: Gallant Channel, 

Beaufort, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of the Gallant Channel at 

Beaufort, North Carolina. The safety 

zone is necessary to provide for the 

safety of mariners on navigable waters 

during construction of the new U.S. 70 

Fixed Bridge crossing the Gallant 

Channel, mile 203.8, at Beaufort, North 

Carolina. The safety zone will 

temporarily restrict vessel movement 

within the designated area. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before January 5, 2015. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rulemaking, 

call or email LT Derek J. Burrill, U.S. 

Coast Guard Sector North Carolina; 

telephone 910–772–2230, email 

Derek.J.Burrill@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, 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. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number [USCG–2014–0718] in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number (USCG–2014–0718) 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. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Basis and Purpose 

The legal basis for this rule is 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; 

Pub. L. 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. 

This safety zone is necessary to 

ensure public and maritime safety from 

the potential hazards associated with 

bridge construction work. 

C. Discussion of Proposed Rule 

North Carolina Department of 

Transportation has awarded a contract 

to Conti Enterprises, Inc of Edison, New 

Jersey and Orion Marine Construction, 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
72156 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Proposed Rules 

Inc. (OMCI) of Houston, Texas to 

perform construction work that will take 

place at the Gallant’s Channel and 

surrounding area of that Waterway, mile 

203.8, Beaufort, North Carolina. The 

contract involves pile driving, concrete 

placement, girder setting and post 

tensioning assistance to commence on 

January 15, 2015 with a completion date 

of September 30, 2015. The contractor 

will utilize a 40 foot by 60 foot barge as 

a work platform and for equipment 

staging. This safety zone will provide a 

safety buffer to transiting vessels as 

bridge construction work presents 

potential hazards to mariners and 

property due to reduction in horizontal 

clearance. 

The proposed temporary safety zone 

will encompass the waters directly 

under the new U.S. 70 Fixed Bridge 

crossing the Gallant Channel, mile 

203.8, at Beaufort, North Carolina 

(34°43′16′′ N, 076°41′37′′ W). All vessels 

transiting this section of the waterway 

requiring a horizontal clearance of 

greater than 40 feet will be required to 

make a two hour advanced notification 

to the work supervisor while the safety 

zone is in effect. This zone will be in 

effect daily, 7 a.m. to 5:30 p.m., from 

January 15, 2015 through September 30, 

2015. 

D. Regulatory Analyses 

We developed this proposed 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 proposed 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 the designated portion of 

the Atlantic Intracoastal Waterway; it 

imposes a two hour notification to 

ensure the waterway is clear of 

impediments to passage of vessels 

requiring a horizontal clearance of 

greater than 40 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 certifies under 5 U.S.C. 

605(b) that this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed 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, 7 a.m. to 5:30 p.m., from 

January 15, 2015 through September 30, 

2015. 

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 Gallant Channel, vessel traffic 

requiring a horizontal clearance of 

greater than 40 feet will be able to 

request passage by providing a two hour 

advanced notification to the work 

supervisor. All those requiring less than 

40 feet may pass at any time. 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 proposed 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. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

4. Collection of Information 

This proposed 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 proposed 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 

proposed 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 proposed 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rulemaking 

and would not create an environmental 

risk to health or risk to safety that might 

disproportionately affect children. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Proposed Rules 72157 

11. Indian Tribal Governments 

This proposed 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 proposed rule 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed 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 that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves the establishment of a 

temporary safety zone. This rulemaking 

is categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary 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 proposed 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 proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add temporary § 165.T05–0718 to 

read as follows: 

§ 165.T05–0718 Safety Zone, Gallant 

Channel; Beaufort, 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 new U.S. 70 Fixed 

Bridge crossing the Gallant Channel, 

mile 203.8, at Beaufort, North Carolina 

(34°43′16′′ N, 076°41′37′′ W). 

(b) Regulations. The general safety 

zone regulations found in 33 CFR 

165.23 apply to the safety zone created 

by this temporary section, § 165.T05– 

0718. In addition, the following 

regulations apply: 

(1) All vessels requiring greater than 

40 feet horizontal clearance to safely 

transit through the new U.S. 70 Fixed 

Bridge crossing the Atlantic Intracoastal 

Waterway, mile 203.8, at Beaufort, 

North Carolina must contact the work 

supervisor tender on VHF–FM marine 

band radio channels 10 and 13 or at 

(732) 520–5000 two hours 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. 

(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 daily 7 a.m. to 5:30 

p.m., from January 15, 2015 through 

September 30, 2015 unless cancelled 

earlier by the Captain of the Port. 

Dated: November 17, 2014. 

S. R. Murtagh, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2014–28604 Filed 12–4–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 167 

[USCG–2014–0941] 

Port Access Route Study: In the 

Chukchi Sea, Bering Strait and Bering 

Sea 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of study; request for 

comments. 

SUMMARY: This study is a continuation 

of and an expansion of scope to the Port 

Access Route Study (PARS) the Coast 

Guard announced in 2010. Based on 

comments received from the 2010 notice 

the Coast Guard has developed a 

potential vessel routing system for the 

area. The Coast Guard requests 

comments on how consolidating vessel 

traffic into a defined vessel routing 

system may impact or benefit the region. 

The goal of the study is to help reduce 

the risk of marine casualties and 

increase the efficiency of vessel traffic 

in the region. The recommendations of 

the study may lead to future rulemaking 

action or appropriate international 

agreements. 

DATES: Comments must be received on 

or before June 3, 2015. 

ADDRESSES: 

Schematic of proposed vessel routing 

system: A chart showing the Coast 

Guard’s proposed two-way route can be 

downloaded from http://

www.regulations.gov, type ‘‘USCG– 

2014–0941’’ into the search bar and 

click search, next to the displayed 

search results click ‘‘Open Docket 

Folder’’, which will display all 

comments and documents associated 

with this docket. 

Comment submission: You may 

submit comments identified by docket 

number USCG–2014–0941 using any 

one of the following methods: 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS