[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2910-2912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00883]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0964]
RIN 1625-AA00


Safety Zone; Oregon Inlet, Dare County, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of Oregon Inlet in Dare County, North Carolina in 
support of construction of the new Herbert C. Bonner Bridge. This 
temporary safety zone is intended to protect mariners, vessels, and 
construction crews from the hazards associated with installing the 
navigation span, and will restrict vessel traffic from the bridge's 
navigation span as it is under construction by preventing vessel 
traffic on a portion of Oregon Inlet. Entry of vessels or persons into 
this safety zone is prohibited.

DATES: This rule is effective from January 29, 2018, through March 24, 
2018, with alternate dates of March 25, 2018, through May 6, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0964 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Matthew Tyson, Waterways Management 
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; 
telephone: (910) 772-2221, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On October 10, 2017, the North Carolina Department of 
Transportation notified the Coast Guard that they will be installing 
the navigation span of the new Herbert C. Bonner Bridge in Oregon Inlet 
in Dare County, North Carolina on January 29 through March 24, 2018, 
with alternate dates of March 25 through May 6, 2018. The construction 
will take place over an estimated 33 days during this period. In 
response, on December 5, 2017, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Oregon Inlet, Dare 
County, NC (82 FR 57413). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended December 20, 
2017, we received 5 comments.
    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 of 
this rule would be impracticable because immediate action is needed 
protect persons, vessels, and the marine environment on the navigable 
waters in Oregon Inlet during this construction phase. A Notice of 
Proposed Rulemaking was published in order to inform the public and 
solicit comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP North Carolina has determined that potential safety 
hazards associated with the construction would be a concern for anyone 
transiting the Oregon Inlet navigation channel. The purpose of this 
rule is to protect persons, vessels, and the marine environment on the 
navigable waters in Oregon Inlet during this construction phase.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 5 comments on our NPRM published 
December 5, 2017. Most of the submissions were not relevant to this 
rulemaking.
    The first comment inquired about the benefits of the new bridge 
construction and its impact on the human environment. This rule 
pertains only to the creation of a safety zone for the navigation span 
construction phase and not the entire bridge construction project. The 
environmental impact analysis and other regulatory analyses for this 
rule are based only on the creation of this safety zone. This safety 
zone is necessary to protect persons, vessels, and the marine 
environment on the navigable waters in Oregon Inlet during this 
construction phase. The impact on the human environment is considered 
not significant because the closure is only for a two hour period on 
each construction day and the safety zone will not be active until 
after the normal morning traffic typically transits and will end before 
the evening traffic typically transits.
    The second comment mentioned bridge safety and its obstruction to 
the waterway. This comment is outside the scope of this rulemaking 
dealing with the establishment of a safety zone. However, the Coast 
Guard would like to take this opportunity to state that this bridge 
will have the same horizontal clearance of the original Bonner Bridge. 
The new bridge is also designed with multiple spans that can be used if 
the waterway conditions change due to shoaling.

[[Page 2911]]

    The third comment thanks the Coast Guard for a clear summary of the 
safety zone and includes commentary not related to the safety zone.
    The fourth comment refers to the Unfunded Mandates Act analysis. 
The comment does not appear to refer specifically to this safety zone. 
The Unfunded Mandates Act was reviewed during the rulemaking process 
and is discussed in Section V of this rule.
    The dates in the regulatory text of this rule have changed from the 
proposed rule in the NPRM.
    The Coast Guard is establishing a safety zone to be enforced from 
January 29 through March 24, 2018, with alternate dates of March 25 
through May 6, 2018. Construction is expected to take place on 33 
separate days during this period. The safety zone will be active for 2 
hours each of those days, with the exact times announced via Broadcast 
Notices to Mariners at least 48 hours prior to enforcement. The safety 
zone will include all navigable waters of Oregon Inlet from approximate 
position 35[deg]46'23'' N, 75[deg]32'18'' W, thence southeast to 
35[deg]46'18'' N, 75[deg]32'12'' W, thence southwest to 35[deg]46'16'' 
N, 75[deg]32'16'' W, thence northwest to 35[deg]46'20'' N, 
75[deg]32'23'' W, thence northeast back to the point of origin, (NAD 
1983). This zone is intended to protect persons, vessels, and the 
marine environment on the navigable waters in Oregon Inlet during this 
construction phase. No vessel or person will be permitted to enter the 
safety zone during the designated times.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the proposed safety zone. Vessel traffic will 
not be allowed to enter or transit a portion of Oregon Inlet during 
specific two hour periods on 33 separate days from January 29 through 
March 24, 2018, with alternate dates of March 25 through May 6, 2018. 
The specific 2 hour period for each work day will be broadcast at least 
48 hours in advance and vessels will be able to transit Oregon Inlet at 
all other times. The Coast Guard will issue a Local Notice to Mariners 
and transmit a Broadcast Notice to Mariners via VHF-FM marine channel 
16 regarding the safety zone. This portion of Oregon Inlet has been 
determined to be a medium to low traffic area at this time of the year. 
This rule does not allow vessels to request permission to enter the 
safety zone covering the Oregon Inlet navigation channel during the 
designated times.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security

[[Page 2912]]

Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (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 a safety zone lasting for 2 hours 
on 33 separate days that would prohibit entry into a portion of Oregon 
Inlet for bridge construction. It is categorically excluded from 
further review under paragraph L60 (a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. 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.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-0964 to read as follows:


Sec.  165.T05-0964   Safety Zone; Oregon Inlet, Dare County, NC.

    (a) Location. The following area is a safety zone: all navigable 
waters of Oregon Inlet, from approximate position 35[deg]46'23'' N, 
75[deg]32'18'' W, thence southeast to 35[deg]46'18'' N, 75[deg]32'12'' 
W, thence southwest to 35[deg]46'16'' N, 75[deg]32'16'' W, thence 
northwest to 35[deg]46'20'' N, 75[deg]32'23'' W, thence northeast back 
to the point of origin (NAD 1983) in Dare County, NC.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned, warrant, or petty officer 
designated by the Captain of the Port North Carolina (COTP) for the 
enforcement of the safety zone.
    Captain of the Port means the Commander, Sector North Carolina.
    Construction crews means persons and vessels involved in support of 
construction.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (a) of this 
section.
    (2) With the exception of construction crews, entry into or 
remaining in this safety zone is prohibited.
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (4) The Captain of the Port, North Carolina can be reached through 
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington, 
North Carolina at telephone number 910-343-3882.
    (5) The Coast Guard and designated security vessels enforcing the 
safety zone can be contacted on VHF-FM marine band radio channel 13 
(165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This regulation will be enforced from 
January 29, 2018, through March 24, 2018, with alternate dates of March 
25, 2018, through May 6, 2018.
    (f) Public notification. The Coast Guard will notify the public of 
the specific two hour closures at least 48 hours in advance by 
transmitting Broadcast Notice to Mariners via VHF-FM marine channel 16.

    Dated: January 8, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-00883 Filed 1-19-18; 8:45 am]
 BILLING CODE 9110-04-P


