[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Rules and Regulations]
[Pages 14181-14183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5327]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0045]
RIN 1625-AA11


Regulated Navigation Area: Herbert C. Bonner Bridge, Oregon 
Inlet, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated 
navigation area (RNA) on the waters of Oregon Inlet, NC. The regulated 
navigation area (RNA) is needed to minimize the risk of potential 
structural damage to the Herbert C. Bonner Bridge during fender repair 
work. This rule will enhance the safety of vessels transiting the area 
and vehicles crossing over the bridge during periods of reduced 
horizontal clearance in the main navigation channel.

DATES: This rule is effective from 5 a.m. on April 16, 2008 through 8 
p.m. May 31, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0045 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 and at the United States 
Coast Guard District Five Legal Office, 431 Crawford Street, 
Portsmouth, Virginia between 9 a.m. and 3 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning this 
temporary final rule, phone CWO4 Stephen Lyons, Waterways Management 
Division Chief, Sector North Carolina, at (252) 247-4525. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

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. 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

[[Page 14182]]

sufficient time to publish an NPRM. For the safety concerns noted, it 
is in the public interest to have this regulation in place 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 public interest, since immediate action is needed to 
ensure the public's safety.

Background and Purpose

    The State of North Carolina Department of Transportation has 
awarded two contracts to Marine Technologies Inc. of Baltimore, MD to 
perform repair work on the Herbert C. Bonner Bridge located in Oregon 
Inlet, NC. The first contract provides for the placing of six 
supplemental concrete sub-caps and the installation of nine pile 
jackets. The second contract is for the repair of the existing fender 
system that protects the main channel span from vessel allision. The 
fender repair is scheduled to begin on April 16, 2008 and will require 
45 working days to complete. The contractor will be utilizing a spud 
barge with a 30[foot] beam during the fender system repair work. During 
periods of work, the spud barge will reduce the available horizontal 
clearance of the main navigational channel to 105[foot]. Vessel use of 
the alternate channels will not be sanctioned by the Coast Guard 
because the alternate spans are not clearly marked by navigational 
aids. In addition, due to concerns about the stability of the bridge, 
potential vessel strikes, and the absence of a fender system in the 
alternate channels, the only safe passage for vessels is through the 
main navigational channel.

Discussion of Rule

    The proposed regulated navigation area would encompass the area of 
the main navigational channel directly under the Herbert C. Bonner 
Bridge. All vessels of 100 gross tons and greater are not permitted to 
transit the waterway during the periods of time when the available 
horizontal clearance is reduced by the contractor's spud barge unless 
the vessel asks the District Commander for permission to transit. The 
District Commander can be contacted via Sector North Carolina at 
telephone number (252) 247-4570.
    The contractor's spud barge will be relocated out of the main 
navigational channel each day during non-working hours. All vessels, 
including vessels of 100 gross tons and greater, will be permitted to 
transit the main navigational channel during non-working hours when the 
spud barge is removed.
    Vessels less than 100 gross tons are permitted to use the main 
navigational channel at all times, including the periods of time when 
the spud barge is restricting the available horizontal clearance, but 
must transit the area at no-wake speed. However, nothing in this 
proposed rule negates the requirement to operate at a safe speed as 
provided in the Navigation Rules and Regulations.

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.
    Although this regulation will restrict access to the regulated 
area, the effect of this rule will not be significant because: (i) The 
regulated navigation area will be in effect for a limited duration of 
time and (ii) the Coast Guard will make notification 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 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. Although the regulated area will apply to the waters of the 
Oregon Inlet, the zone will not have 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

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 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 will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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.

[[Page 14183]]

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.

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.

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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
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. A final ``Environmental Analysis Check 
List'' and a final ``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 discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION 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. Add temporary Sec.  165.T05-005 to read as follows:


Sec.  165.T05-005  Regulated Navigation Area; Bonner Bridge Herbert C. 
Bonner Bridge, Oregon Inlet, NC.

    (a) Definitions. For the purposes of this section, District 
Commander means the Commander, U.S. Coast Guard District Five and any 
Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Commander, U.S. Coast Guard District Five to act as a 
designated representative on his behalf.
    (b) Location. The following area is a regulated navigation area: 
All waters of Oregon Inlet, from the surface to the bottom, 
encompassing the area of the main navigational channel directly under 
the Herbert C. Bonner Bridge.
    (c) Regulations. (1) The general regulations governing regulated 
navigation areas found in Sec.  165.13 of this part apply to the 
regulated navigation area described in paragraph (b).
    (2) Any vessel of 100 gross tons or greater may not transit the 
waterway when the available horizontal clearance is reduced by the 
contractor's spud barge without first obtaining permission in 
accordance with paragraph (5).
    (3) All vessels, including vessels of 100 gross tons or greater, 
will be permitted to transit the main navigational channel during non-
working hours when the spud barge is removed.
    (4) Vessels less than 100 gross tons are permitted to use the main 
navigational channel at all times, including the periods of time when 
the spud barge is restricting the available horizontal clearance, but 
must transit the area at no-wake speed.
    (5) Vessels of 100 gross tons or greater desiring to transit the 
area of the regulated navigation area when the available horizontal 
clearance is reduced by the contractor's spud barge must first obtain 
authorization from the District Commander. To seek permission to 
transit the area, the District Commander can be contacted via Sector 
North Carolina at telephone number (252) 247-4570.
    (6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light, or other means, the operator of a vessel shall proceed 
as directed. The Coast Guard vessels enforcing this section can be 
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz).
    (7) If permission is granted, all persons and vessels must comply 
with the instructions of the District Commander and proceed at the 
minimum speed necessary to maintain a safe course while within the 
zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 5 a.m. 
on April 16, 2008 through 8 p.m. May 31, 2008.

    Dated: February 22, 2008.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-5327 Filed 3-14-08; 8:45 am]
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