[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68343-68346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27063]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0904]
RIN 1625-AA00


Safety Zone; Isabel Holmes Bridge, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones on 
the navigable waters of the Cape Fear River at the Isabel Holmes Bridge 
in Wilmington, North Carolina. These temporary safety zones are 
intended to restrict vessel traffic on the Cape Fear River from 
December 15, 2019, through February 15, 2020, while work crews repair 
the bridge and replace power cables crossing under the river. This rule 
prohibits vessels or persons from being in the safety zones unless 
specifically authorized by the Captain of the Port (COTP) North 
Carolina or a designated representative.

DATES: This rule is effective without actual notice from December 16, 
2019 through February 15, 2020. For the

[[Page 68344]]

purposes of enforcement, actual notice will be used from December 15, 
2019, through December 16, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0904 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, 
contact Petty Officer Matthew Tyson, Waterways Management Division, 
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 
(910) 772-2221, email: Matthew.I.Tyson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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) 
with respect to this rule because the North Carolina Department of 
Transportation (NCDOT) did not notify the Coast Guard of the details of 
the bridge maintenance project until November 28, 2019. Immediate 
action is needed to protect persons and vessels from the hazards 
associated with this project. It is impracticable and contrary to the 
public interest to publish an NPRM because a final rule needs to be in 
place by December 15, 2019, to protect against hazards to the work crew 
and the public during the project.
    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 and contrary to public interest 
because immediate action is needed to protect persons and vessels from 
the hazards associated with this bridge maintenance project, which 
begins on December 15, 2019.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously, 33 U.S.C. 1231). The COTP North Carolina has 
determined that potential hazards associated with the bridge 
maintenance project, scheduled from December 15, 2019, through February 
15, 2020, is a safety concern for workers and mariners on the Cape Fear 
River at the Isabel Holmes Bridge in Wilmington, North Carolina. This 
rule is necessary to protect safety of life from the potential hazards 
associated with the project.

IV. Discussion of the Rule

    This rule establishes two safety zones on a portion of the Cape 
Fear River from December 15, 2019, through February 15, 2020, to be 
enforced while NCDOT conducts a bridge maintenance project. The project 
will be in two parts: The repair of the Isabel Holmes Bridge, and 
replacement of the power cables crossing under the river. The bridge 
repair portion will impact, but not close, the navigable channel. The 
cable replacement portion will require the navigable channel to be 
closed. NCDOT will begin staging equipment around the bridge on 
December 15, 2019.
    The first of the two safety zones will extend 100 feet from 
equipment while it is within the navigable channel during the entire 
maintenance period. The normal horizontal clearance of the channel 
beneath the bridge is 200 feet. As a result, smaller vessels will be 
able to transit under the bridge during this work phase. Maintenance 
equipment will be able to be relocated outside of the navigable channel 
for larger vessels during this stage of the project if at least a 48-
hour notice is given. This advance notice shall be given to the bridge 
tender at (910) 251-5774 or via VHF-FM marine channel 13 (165.65 MHz).
    The second safety zone will be enforced, within 300 feet of the 
bridge, located at approximate position, 34[deg]15'06'' N, 
077[deg]57'03'' W (NAD 1983) during the cable replacement portion of 
the project. This cable replacement may last from 6 a.m. to 6 p.m. on 
four separate days, finishing on February 15, 2020. The public will be 
notified at least 48 hours in advance of each complete closure via 
broadcast notice to mariners.
    The duration of these zones is intended to protect persons, 
vessels, and the marine environment on the navigable waters of the Cape 
Fear River during the bridge maintenance project. No vessel or person 
will be permitted to enter either safety zone unless specifically 
authorized by the Captain of the Port North Carolina or a designated 
representative.

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 safety zones. The ability of vessels to 
enter or transit a portion of the Cape Fear River near the Isabel 
Holmes Bridge will be impacted while two safety zones are in place 
during a bridge maintenance project lasting two months, from December 
25, 2019, through February 15, 2020. The project will be in two parts: 
The repair of the Isabel Holmes Bridge, and replacement of the power 
cables crossing under the river. The bridge repair portion will impact, 
but not close, the navigable channel. Smaller vessels will be able to 
transit under the bridge during the repair work. Larger vessels will be 
allowed to transit the channel during the repair work provided that 
they provide a 48-hour notice requesting that equipment be relocated 
from the channel. 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. The cable replacement portion will 
require the navigable channel to be closed. Specific enforcement dates 
and times for complete channel closures will be broadcast at least 48 
hours in advance. However, this portion of the Cape Fear River is a low 
traffic area during this time of the year.

[[Page 68345]]

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 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 
call or email 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 call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide 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 two 
safety zones lasting two months. The first will prohibit entry within 
100 feet of work equipment at the Isabel Holmes Bridge on the Cape Fear 
River, and the second lasting 12 hours on four separate days that will 
prohibit entry within 300 feet of the bridge while new power cables are 
placed under the navigable channel. The rule is categorically excluded 
from further review under paragraph L60a of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. 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 call or email 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 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:  46 U.S.C. 70034, 70051; 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.T05-0904 to read as follows:


Sec.  165.T05-0904  Safety Zone; Isabel Holmes Bridge, Wilmington, NC.

    (a) Location. The following areas are safety zones:
    (1) Safety Zone 1. All navigable waters of the Cape Fear River 
within 100 feet of work equipment at the Isabel Holmes Bridge in 
Wilmington, NC;
    (2) Safety Zone 2. All navigable waters of the Cape Fear River 
within a 300 foot radius of the Isabel Holmes Bridge in Wilmington, NC, 
centered at approximate position 34[deg]15'06'' N, 077[deg]57'03'' W 
(NAD 1983).
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    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.
    Work crews means persons and vessels involved in the bridge 
maintenance project.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the areas described in paragraph (a) of this 
section.
    (2) With the exception of work crews, entry into or remaining in 
either safety

[[Page 68346]]

zone is prohibited unless authorized by the COTP North Carolina or the 
COTP North Carolina's designated representative. All other vessels must 
depart the zone(s) immediately upon activation.
    (3) Larger vessels may request maintenance equipment be relocated 
outside of the navigable channel if at least a 48-hour notice is given. 
This advance notice shall be given to the bridge tender at (910) 251-
5774 or via VHF-FM marine channel 13 (165.65 MHz).
    (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 periods. This section will be enforced for:
    (1) Safety Zone 1 from December 15, 2019 through February 15, 2020; 
and
    (2) Safety Zone 2 from 6 a.m. through 6 p.m. on days when power 
cables are being placed under the navigable channel.
    (f) Public notification. The Coast Guard will notify the public of 
the active enforcement times at least 48 hours in advance by 
transmitting Broadcast Notice to Mariners via VHF-FM marine channel 16.

    Dated: December 11, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2019-27063 Filed 12-13-19; 8:45 am]
 BILLING CODE 9110-04-P


