
[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Rules and Regulations]
[Pages 669-671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31648]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1055]
RIN 1625-AA00


Safety Zone; Hampton Harbor Channel Obstruction, Hampton Harbor; 
Hampton, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Hampton Harbor in the vicinity of Hampton Harbor 
Bridge due to a partially submerged dredge excavator obstructing the 
channel. This temporary final rule is necessary to protect vessels 
transiting the area from the obstruction. This zone is intended to 
prohibit vessels from coming within 100 yards of point 42 53'763'' N, 
070 48'986'' W until the obstruction is cleared. Persons or vessels may 
not enter into this zone unless authorized by the Captain of the Port, 
Sector Northern New England.

DATES: This rule is effective in the CFR on January 4, 2013 until 
January 31, 2013. This rule is effective with actual notice for 
purposes of enforcement on November 30, 2012. This rule will remain in 
effect through January 31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1055]. 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 Ensign Elizabeth V. Morris, Waterways Management Division 
at Coast Guard Sector Northern New England, telephone 207-741-0398, 
email Elizabeth.V.Morris@uscg.mil. 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 issuing this 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

[[Page 670]]

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) with respect 
to this rule because doing so would be impracticable and contrary to 
the public interest. The Coast Guard was notified of the obstruction 
immediately upon its occurrence late in the evening on November 29, 
2012 but this was insufficient time to publish an NPRM. Thus, delaying 
the effective date of this rule to wait for a comment period to run 
would be both impracticable and contrary to the public interest because 
this regulation is necessary to ensure the immediate safety of users of 
the waterway.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1231, 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116 
Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, 
which collectively authorize the Coast Guard to define safety zones.
    The safety zone is being issued to ensure the safety of persons and 
vessels in Hampton Harbor within the proximity of the partially 
submerged excavator.

C. Discussion of the Final Rule

    On the evening of November 29, 2012, a dredging barge was working 
in the vicinity of the Hampton Harbor Bridge. During operations, a 
cable snapped and the excavator on board the barge fell into the water 
within the channel. The excavator is now partially submerged near the 
bridge. This safety zone is required to protect persons and vessels 
from the safety hazards associated with this obstruction to the 
channel. This safety zone will encompass all waters within a 100 yard 
radius of center point 42 53'763'' N, 070 48'986'' W and will be 
effective immediately and until January 31, 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 14 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 economic effect of this rule will not be significant for the 
following reasons: The safety zone will be of limited duration. Vessels 
may be authorized to transit the zone with permission of the Captain of 
the Port, Sector Northern New England. Additionally, maritime 
advisories will be broadcast during the duration of the enforcement 
period.

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 
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.
    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 may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the safety zone. However, this rule will not have a significant 
economic impact on a substantial number of small entities due to the 
time of year in which this rule takes place and advance notifications 
will be made to the local community by marine information broadcasts.

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

[[Page 671]]

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.

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 is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Instruction. This rule involves creation of a 
temporary safety zone for a limited period of time. An environmental 
analysis checklist and a categorical exclusion determination will be 
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, and 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. 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.T01-1055 to read as follows:


Sec.  165.T01-1055  Safety Zone; Hampton Harbor Channel Obstruction, 
Hampton Harbor; Hampton, NH.

    (a) Location. All navigable waters from surface to bottom within a 
100 yard radius of position 42 53'763'' N, 070 48'986'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entry into, transiting, 
mooring, anchoring or remaining within this safety zone is prohibited 
unless authorized by the Captain of the Port or his designated 
representatives.
    (2) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or his designated 
on-scene patrol personnel. Vessel operators given permission to enter 
or operate in the safety zone must comply with all directions given to 
them by the Captain of the Port or his designated representatives.
    (3) Persons and vessels may request permission to enter the Safety 
Zone by contacting the Captain of the Port or the Captain of the Port's 
on-scene representative on VHF-16 or via phone at 207-767-0303.
    (4) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, or 
onboard a local or state agency vessel that is authorized to act in 
support of the Coast Guard. Additionally, the Coast Guard Auxiliary may 
be present to inform vessel operators of this regulation.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.

    Dated: November 30, 2012.
B. S. Gilda,
Captain, U. S. Coast Guard, Acting Captain of the Port, Sector Northern 
New England.
[FR Doc. 2012-31648 Filed 1-3-13; 8:45 am]
BILLING CODE 9110-04-P


