[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Proposed Rules]
[Pages 64771-64774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27385]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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. This
proposed rulemaking would prohibit vessels or persons from being in the
safety zone. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 17, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
[[Page 64772]]
2018-1065 using the Federal eRulemaking Portal at https://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 November 26, 2018, the North Carolina Department of
Transportation provided the Coast Guard with details concerning the
demolition of the old Herbert C. Bonner Bridge from February 1, 2019
through February 29, 2020. 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. A
moving safety zone is proposed in Oregon Inlet within 100 yards of
active demolition work and demolition equipment. Demolition work will
take place at various points 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, North Carolina. The
Captain of the Port (COTP) North Carolina has determined that potential
safety hazards associated with the demolition would be a concern for
anyone transiting through Oregon Inlet.
The purpose of this rule is 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. 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 moving safety zone to be enforced
during active demolition work from February 1, 2019 through February
29, 2020. 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. When the safety zone is active,
the exact times 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 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). 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 covers all or part of the navigation channel. 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 portions of Oregon Inlet during
active demolition work from February 1, 2019 through February 29, 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 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
[[Page 64773]]
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.
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 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 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 100-yard radius moving
safety zone lasting from February 1, 2019 through February 29, 2020
that would prohibit entry into a portion of Oregon Inlet for bridge
demolition. Normally such actions are 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 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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://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 https://www.regulations.gov and can be viewed by following that website'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.T05-1065 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.
[[Page 64774]]
(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
February 1, 2019 through February 29, 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: December 7, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-27385 Filed 12-17-18; 8:45 am]
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