[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Rules and Regulations]
[Pages 5749-5751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-448]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0169]
RIN 1625-AA00


Safety Zone: Trent River Between New Bern and James City, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard will reinstate a safety zone on the waters of 
the Trent River between New Bern and James City, North Carolina in the 
vicinity of the U.S. Route 70 Highway Swing Bridge. This safety zone is 
necessary to provide for safety of life on navigable waters during the 
movement of bridge construction equipment from the southern end of the 
bridge construction project to the northern end of the project.

DATES: This rule is effective from January 25, 2008 through February 
28, 2008.

ADDRESSEs: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2007-0169 and are available online 
at www.regulations.gov. 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: Commander Jennifer Williams, 
Prevention Department Head, United States Coast Guard Sector North 
Carolina at (252) 247-4570 or (252) 247-4546.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The publishing of an NPRM 
would be impracticable and contrary to public interest since immediate 
action is needed to protect the maritime public from the hazards 
associated with this maintenance project. The necessary information to 
determine whether the construction poses a threat to persons and 
vessels was not provided with sufficient time to publish an NPRM. For 
the safety concerns noted, it is in the public interest to have this 
regulation in effect during the construction.
    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 the public interest, since immediate action is needed to 
ensure the public's safety.

Background and Purpose

    Originally, Balfour Beatty Infrastructure, Inc. planned to relocate 
construction equipment on Tuesdays, Wednesdays and Thursdays from 10 
a.m. to 2 p.m. from January 8, 2008 through January 24, 2008. Balfour 
has since determined that they need another month to complete the 
project. For this reason, the Coast Guard is reinstating this 
regulation through February 28, 2008. The construction will take place 
in the vicinity of the U.S. Route 70 Highway Swing Bridge from James 
City, NC to New Bern, NC. To provide for the safety of the public, the 
Coast Guard

[[Page 5750]]

will temporarily restrict access to this section of the Trent River 
during equipment relocation.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will 
extend from the Norfolk Southern Railroad Bridge and Union Point New 
Bern, NC to the U.S. Route 17 Highway Bridge at James City, NC. This 
zone will require mariners to avoid entry into the area. Entry into the 
zone will not be permitted except as specifically authorized by the 
Captain of the Port or his designated representative. The contractor 
originally underestimated the amount of time it would take to complete 
the project. This is why a reinstatement of the regulation through 
February 28, 2008 is necessary.

Regulatory Evaluation

    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. The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary.
    Although this regulation will restrict access to the regulated 
area, the effect of this rule will not be significant because: (i) the 
safety zone will be in effect for a limited duration of time and (ii) 
the Coast Guard will make notifications via maritime advisories so 
mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this temporary final 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 temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities. Although the regulated area will apply to 
waters of the Trent River, the zone will not have a significant impact 
on small entities because the zone will only be in place for a limited 
duration of time and maritime advisories will be issued in advance to 
allow the public to adjust their plans accordingly.

Assistance for Small Entities

    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 temporary 
final 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 or more in any 
one year. Though this rule would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This temporary final rule will not effect 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 would not create an 
environmental risk to health or risk to safety that might 
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 would not have a substantial direct effect on one or more 
Indian tribes, or 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.

[[Page 5751]]

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34) (g), of the Instruction, from further environmental 
documentation. Under figure 2-1, paragraph (34) (g), of the 
Instruction, an ``Environmental Analysis Check List'' 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, Waterways.

Regulation


0
For the reasons set out 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; 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. A temporary Sec.  165.T05-901 is added to read as follows: Sec.  
165.T05-901 Safety Zone: Trent River between New Bern and James City, 
North Carolina.
    (a) Regulated area: The following area is a safety zone: waters of 
the Trent River, from the Norfolk Southern Railroad Bridge and Union 
Point New Bern, NC to the U.S. Route 17 Highway Bridge at James City, 
NC, latitude 35[deg]06[min] N, longitude 77[deg]02[min] W. All 
coordinates reference Datum NAD 1983.
    (b) Definitions: Captain of the Port Representative any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port or a Captain of the Port 
Representative. All vessel movement within the safety zone is 
prohibited except as specifically authorized by the Captain of the Port 
or a Captain of the Port Representative. The general requirements of 
Sec.  165.23 also apply to this regulation.
    (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 his 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 telephone number (252) 247-4570 or (252) 247-4546, 
or by radio on VHF Marine Band Radio, channels 13 and 16.
    (d) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).
    (e) Enforcement period: This rule is effective from 10:00 a.m. to 
2:00 p.m. each Tuesday, Wednesday, and Thursday from January 25, 2008 
through February 28, 2008.

    Dated: January 23, 2008.
J.E. Ryan,
Commander, U.S. Coast Guard, Captain of the Port, North Carolina.
[FR Doc. 08-448 Filed 1-29-08; 9:57 am]
BILLING CODE 4910-15-P