[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]
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