[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57413-57415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26147]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 20, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0964 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact 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, Purpose, and Legal Basis

    On October 10, 2017, the North Carolina Department of 
Transportation

[[Page 57414]]

notified the Coast Guard that they will be installing the navigation 
span of the new Herbert C. Bonner Bridge on January 8 through March 3, 
2018, with alternate dates of March 4 through April 15, 2018. The 
construction will take place over an estimated 33 days during this 
period. A safety zone is proposed in Oregon Inlet within an area 
beginning at 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, North Carolina. The 
construction involves crane barges on both sides of the navigation 
channel and various construction vessels and equipment. 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. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone to be enforced from 
January 8 through March 3, 2018, with alternate dates of March 4 
through April 15, 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. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 8 through 
March 3, 2018, with alternate dates of March 4 through April 15, 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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, 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

[[Page 57415]]

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed 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. Normally such 
actions are categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 8 through March 3, 2018, with alternate dates of March 4 
through April 15, 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: November 27, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2017-26147 Filed 12-4-17; 8:45 am]
 BILLING CODE 9110-04-P