[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Rules and Regulations]
[Pages 8420-8422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04219]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1065]
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 demolition of the old Herbert C. Bonner Bridge. This 
temporary safety zone is intended to protect mariners, vessels, and 
demolition crews from the hazards associated with demolishing the old 
bridge, and will restrict vessel traffic on portions of Oregon Inlet 
near active demolition work and demolition equipment. Entry of vessels 
or persons into this safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) North Carolina or 
designated representative.

DATES: This rule is effective without actual notice from March 8, 2019, 
through March 30, 2020. For the purposes of enforcement, actual notice 
will be used from March 4, 2019, through March 8, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1065 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: [email protected].

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

    On November 26, 2018, the North Carolina Department of 
Transportation (NCDOT) provided the Coast Guard with details concerning 
the demolition of the old Herbert C. Bonner Bridge. Demolition will not 
follow a set schedule due to sea conditions, equipment needs, and 
vessel navigation considerations. In addition, demolition will take 
place in two locations at once due to equipment types and demolition 
methods. NCDOT has determined that a moving safety zone is needed in 
Oregon Inlet within 100 yards of active demolition work and demolition 
equipment. In response, on December 18, 2018, the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled Safety Zone; Oregon 
Inlet, Dare County, NC (83 FR 64771). There, we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to the demolition of the old Herbert C. Bonner Bridge. During 
the comment period that ended January 17, 2019, we received no 
comments. However, during the comment period, NCDOT requested a new 
effective period from the beginning of March through March 30, 2020, 
instead of between February 1, 2019, and February 29, 2020, as proposed 
in the NPRM.
    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 the public interest 
because immediate action is needed protect persons, vessels, and the 
marine environment on the navigable waters of Oregon Inlet during the 
demolition of the old Herbert C. Bonner Bridge in Dare County, NC.

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 demolition of the old Herbert C. Bonner 
Bridge would be a concern for anyone transiting Oregon Inlet. The 
purpose of this rule is to protect persons, vessels, and the marine 
environment in Oregon Inlet during the demolition of the old Herbert C. 
Bonner Bridge.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
December 18, 2018. There is a minor change in the regulatory text of 
this rule from the proposed rule, shifting the demolition period start 
and end dates back by one month. The demolition will occur from the 
beginning of March through March 30, 2020, instead of between February 
1, 2019, and February 29, 2020.
    This rule establishes a moving safety zone to be enforced during 
active demolition work from March 4, 2019, through March 30, 2020. 
Demolition will not follow a set schedule due to changing sea 
conditions, equipment needs, and vessel navigation considerations. In 
addition, demolition will take place in two locations at once due to 
equipment types and demolition methods, the exact times of activation 
will be announced via Broadcast Notices to Mariners at least 48 hours 
prior to enforcement. The moving safety zone will include all navigable 
waters within 100 yards of active demolition work and demolition 
equipment in Oregon Inlet along the old Herbert C. Bonner Bridge, which 
follows a line beginning at approximate position 35[deg]46'47'' N, 
75[deg]32'41'' W, then

[[Page 8421]]

southeast to 35[deg]46'37'' N, 75[deg]32'33'' W then southeast to 
35[deg]46'09'' N, 75[deg]31'59'' W, then southeast to 35[deg]46'03'' N, 
75[deg]31'51'' W, then southeast to 35[deg]460'1'' N, 75[deg]31'40'' W. 
(NAD 1983). This zone is intended to protect persons, vessels, and the 
marine environment on the navigable waters in Oregon Inlet during the 
demolition of the old Herbert C. Bonner Bridge. No vessel or person 
will be permitted to enter the safety zone during the designated times. 
There will be alternative navigation options for vessel traffic when a 
moving safety zone that covers all or part of the navigation channel is 
being enforced.

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 zone. Vessel traffic will not be 
allowed to enter or transit portions of Oregon Inlet during active 
demolition work, to be conducted from March 4, 2019, through March 30, 
2020. The specific enforcement times for active demolition work 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. There will be 
alternative navigation options for vessel traffic when a moving safety 
zone covers all or part of the navigation channel. Vessel traffic in 
this portion of Oregon Inlet will fluctuate between high, medium, and 
low depending on the time of the year. This rule does not allow vessels 
to request permission to enter the moving safety zone covering the 
active demolition areas within Oregon Inlet 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
a 100-yard radius moving safety zone lasting from March 4, 2019, 
through March 30, 2020, that will prohibit entry into a portion of 
Oregon Inlet for bridge demolition. 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

[[Page 8422]]

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 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. 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.T05-1065 to read as follows:


Sec.  165.T05-1065  Safety Zone; Oregon Inlet, Dare County, NC.

    (a) Location. The following area is a safety zone: all navigable 
waters of Oregon Inlet, within 100 yards of active demolition work and 
demolition equipment, along the old Herbert C. Bonner Bridge, which 
follows a line beginning at approximate position 35[deg]46'47'' N, 
75[deg]32'41'' W, then southeast to 35[deg]46'37'' N, 75[deg]32'33'' W, 
then southeast to 35[deg]46'09'' N, 75[deg]31'59'' W, then southeast to 
35[deg]46'03'' N, 75[deg]31'51'' W, then southeast to 35[deg]46'01'' N, 
75[deg]31'40'' W (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.
    Demolition crews means persons and vessels involved in support of 
demolition.
    (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 demolition 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 March 
4, 2019, through March 30, 2020.
    (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: March 4, 2019.
Bion B. Stewart,
Captain, U. S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2019-04219 Filed 3-7-19; 8:45 am]
BILLING CODE 9110-04-P