Safety Zone: Oregon Inlet, North Carolina, Dredge Project, 70868-70871 [E8-27844]
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Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
mean low water. The existing
regulations are listed at 33 CFR 117.205.
The owner of the bridge, National
Railroad Passenger Corporation
(Amtrak), requested a temporary
deviation to facilitate scheduled
mechanical maintenance, tread and
track plate replacement, at the bridge.
Under this temporary deviation the
bridge may remain in the closed
position as follows:
From 6 a.m. on December 5, 2008
through 6 a.m. on December 8, 2008.
From 6 a.m. on December 12, 2008
through 6 a.m. on December 15, 2008.
From 6 a.m. on December 19, 2008
through 6 a.m. on December 22, 2008.
From 6 a.m. on January 2, 2009
through 6 a.m. on January 5, 2009.
From 6 a.m. on January 9, 2009
through 6 a.m. on January 12, 2009.
From 6 a.m. on January 16, 2009
through 6 a.m. on January 19, 2009.
From 6 a.m. on January 23, 2009
through 6 a.m. on January 26, 2009.
Vessels that can pass under the draw
without a bridge opening may do so at
all times.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: November 10, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E8–27842 Filed 11–21–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–1084]
Drawbridge Operation Regulations;
Jamaica Bay, New York, NY,
Maintenance
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Beach Channel
Railroad Bridge at mile 6.7, across
Jamaica Bay, at New York City, New
York. Under this temporary deviation
the Beach Channel Railroad Bridge may
remain in the closed position for two
weekends in December. This deviation
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is necessary to facilitate bridge track
repairs.
DEPARTMENT OF HOMELAND
SECURITY
This deviation is effective from
December 6, 2008 through December 14,
2008.
Coast Guard
DATES:
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
1084 and are available online at https://
www.regulations.gov. They are also
available for inspection or copying at
two locations: 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 the First Coast Guard District,
Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts, 02110,
between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
33 CFR Part 165
ADDRESSES:
Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7165.
FOR FURTHER INFORMATION CONTACT:
The Beach
Channel Railroad Bridge, across Jamaica
Bay, mile 6.7, at New York, New York,
has a vertical clearance in the closed
position of 26 feet at mean high water
and 31 feet at mean low water. The
existing drawbridge operation
regulations are listed at 33 CFR 117.5.
The owner of the bridge, New York
City Transit Authority, requested a
temporary deviation to facilitate
maintenance repairs to the bridge rails.
Under this temporary deviation the
Beach Channel Railroad Bridge need not
open for the passage of vessel traffic on
Saturday and Sunday between 6 a.m.
and 9 p.m., on December 6, 7, 13, and
14, 2008.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: November 10, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E8–27843 Filed 11–21–08; 8:45 am]
BILLING CODE 4910–15–P
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[Docket No. USCG–2008–1081]
RIN 1625–AA00
Safety Zone: Oregon Inlet, North
Carolina, Dredge Project
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around the Dredge R.S. Weeks during
dredging operations in Oregon Inlet,
North Carolina. This safety zone will
enhance the safety of vessels transiting
Oregon Inlet, North Carolina during
periods of dredging operations. This
project is being undertaken to increase
the water depth in Oregon Inlet, North
Carolina to 14 feet. Entry into the safety
zone is prohibited unless authorized by
the Captain of the Port, North Carolina.
DATES: This rule is effective from 8 a.m.
on November 7, 2008 through 5 p.m.
November 30, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
1081 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2008–1081 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. They are
also available for inspection or copying
at two locations: 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 the United
States Sector North Carolina, 2301 East
Fort Macon Road, Atlantic Beach, North
Carolina 28512 between 8 a.m. and 4
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call CWO4 Stephen Lyons,
Waterways Management Division Chief,
Sector North Carolina, at (252) 247–
4570. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
publishing of an NPRM would be
impracticable and contrary to public
interest since immediate action is
needed to protect the maritime public
form the hazards associated with the
dredge project in Oregon Inlet, North
Carolina.
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.
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Background and Purpose
Due to the dynamic nature of Oregon
Inlet, near continuous dredging and
frequent realignment of the approach
channel east of the Herbert C. Bonner
Bridge have become routine. Passage of
tropical storms and strong low pressure
systems accelerate the shoaling and
need for maintenance dredging. The
Federal Navigation Project is
maintained by the U.S. Army Corps of
Engineers (USACE) through the
employment of USACE assets or by
contracts issued and administered by
the USACE. The Army Corps of
Engineers has contracted Weeks Marine
Inc. of Covington, LA to perform
maintenance dredging in Oregon Inlet,
NC. The contractor will be utilizing the
280 foot hydraulic Dredge R.S. Weeks.
The dredge has a 65 foot beam and uses
a 30 inch diameter 1600 foot floating
discharge line that will be connected to
a submerged shore connection. During
periods of operation the dredge may
reduce the available horizontal
clearance of Oregon Inlet by 1880 feet
and may entirely obstruct the
navigational channel to vessel traffic.
Vessel use of the alternate spans 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
structural integrity of the bridge,
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potential vessel strikes, and the absence
of a fender system in the alternate
spans, the only safe passage for vessels
is through the main navigational span.
Discussion of Rule
This safety zone is necessary to
safeguard mariners from the hazards
associated with dredging on the waters
of Oregon Inlet, North Carolina. This
regulation establishes a 100 yard
moving safety zone on the waters of
Oregon Inlet around the perimeter of the
Dredge R.S. Weeks during dredging
operations. In addition, it establishes a
50 yard safety zone around the
perimeter of the floating discharge line
which leads from the dredge to the
submerged shore connection. Entry into
these zones will be prohibited unless
authorized by the Captain of the Port.
Alternate routes for any vessel
wishing to transit through Oregon Inlet
include traveling through Hatteras Inlet,
Beaufort Inlet, or through the Atlantic
Intracoastal Waterway.
Law enforcement, aids to navigation,
and other waterway maintenance
vessels are specifically exempt from this
regulation.
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
70869
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.
This rule will affect vessels intending
to transit on the waters of Oregon Inlet,
North Carolina from 8 a.m. on
November 7, 2008 through 5 p.m. on
November 30, 2008. Although the safety
zones will apply to the waters of the
Oregon Inlet the zones will not have
significant impact on small entities
because the safety zones only restrict
vessels during dredging operations, the
Coast Guard will make extensive
notifications of the safety zone to the
maritime public via maritime advisories
so mariners can adjust their plans
accordingly, the safety zones will be in
enforced for a limited duration of time,
and mariners will have alternate routes
to transit through Oregon Inlet,
including traveling through Hatteras
Inlet, Beaufort Inlet, or through the
Atlantic Intracoastal Waterway.
Assistance for Small Entities
Regulatory Planning and Review
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 Oregon Inlet, the effect of this
rule will not be significant because: (i)
The safety zones only restrict vessels
during dredging operations; (ii) the
Coast Guard will make extensive
notifications of the safety zone to the
maritime public via maritime advisories
so mariners can adjust their plans
accordingly; (iii) the safety zones will be
in effect for a limited duration of time;
and (iv) mariners will have alternate
routes to transit through Oregon Inlet,
including traveling through Hatteras
Inlet, Beaufort Inlet, or through the
Atlantic Intracoastal Waterway.
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.
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
Collection of Information
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This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
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.
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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
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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
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded under the Instruction
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. An environmental
analysis checklist and a categorical
exclusion determination are 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.
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For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
PART 165—SAFETY ZONES
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, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–1081 to
read as follows:
■
§ 165.T05–1081
NC.
Safety Zone; Oregon Inlet,
(a) Definitions. Captain of the Port
Representative means the Commander,
Sector North Carolina, or any Coast
Guard commissioned, warrant, or petty
officer who has been authorized to act
on the Captain of the Port’s behalf.
(b) Location. The following area is a
safety zone: Waters of Oregon Inlet
within 100 yards of the Dredge R.S.
Weeks and within 50 yards of the
floating discharge line.
(c) Regulations. (1) The general
regulations governing safety zones
found in § 165.23 of this part apply to
the safety zone described in paragraph
(b) of this section.
(2) In accordance with the general
regulations in section 165.23 of this
part, entry into these safety zones is
prohibited unless authorized by the
Captain of the Port or a Captain of the
Port Representative. All vessel
movement within the safety zones is
prohibited except as specifically
authorized by the Captain of the Port or
a Captain of the Port Representative.
(3) This section applies to all vessels
operating within the safety zone except
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Surveying, maintaining or
improving waters in the safety zone.
(4) Any deviation from paragraph
(c)(2) of this section due to extreme
circumstances must be authorized by
the Captain of the Port or a Captain of
the Port representative. Vessels granted
permission to transit must do so in
accordance with the directions provided
by the Captain of the Port or a Captain
of the Port representative to that vessel.
To seek permission to transit the area,
the Captain of the Port can be contacted
at telephone number (252) 247–4570.
(5) Due to continual shoaling in
Oregon Inlet, all vessels should use
caution while transiting the area.
Mariners are advised to view the latest
U.S. Army Corps of Engineers survey
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Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
data prior to attempting to transit the
area. Mariners can view the survey at
https://www.saw.usace.army.mil/nav/
OREGON.htm.
(6) Mariners are reminded that the
fendered span of the Herbert C. Bonner
Bridge is the only recommended route
for passing under the bridge. Passing
through any unfendered span presents a
significant hazard to the vessel and the
bridge.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the regulated navigation
area by Federal, State, and local
agencies.
(e) Enforcement period. This section
will be enforced from 8 a.m. November
7, 2008, through 5 p.m. November 30,
2008.
Dated: November 7, 2008.
J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the
Port, North Carolina.
[FR Doc. E8–27844 Filed 11–21–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0912]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Potomac River, National Harbor, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone upon
specified waters of the Potomac River.
This action is necessary to provide for
the safety of life on navigable waters
during a fireworks display launched
from a discharge barge located at
National Harbor, in Prince Georges
County, Maryland. This safety zone is
intended to protect the maritime public
in a portion of the Potomac River.
DATES: This rule is effective from 6:30
p.m. through 9:30 p.m. on November 28,
2008, and if necessary due to inclement
weather, from 6:30 p.m. through 9:30
p.m. on November 29, 2008.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket, are part of docket USCG–2008–
0912 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
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19:21 Nov 21, 2008
Jkt 217001
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 the
Commander, Coast Guard Sector
Baltimore, 2401 Hawkins Point Road,
Baltimore, Maryland 21226–1791,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Mr. Ronald L. Houck, Coast
Guard Sector Baltimore, at 410–576–
2674 or 410–576–2693. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 16, 2008, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Safety Zone;
Fireworks Display, Potomac River,
National Harbor, MD’’ in the Federal
Register (73 FR 53398). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
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 its effective date
would be contrary to the public interest,
because immediate action is needed to
ensure the safety of the maritime public
on the Potomac River against the
hazards associated with fireworks
displays, such as the accidental
discharge of fireworks and falling hot
embers or other debris.
Background and Purpose
Fireworks displays are frequently
held from locations on or near the
navigable waters of the United States.
The accidental discharge of fireworks
and falling hot embers or other debris
are a safety concern during such events.
The Coast Guard has the authority to
impose appropriate controls on marine
events that may pose a threat to persons,
vessels and facilities under its
jurisdiction. The purpose of this rule is
to promote maritime safety, and to
protect mariners transiting the area from
the potential hazards associated with a
fireworks display. The rule is needed to
ensure the safety of the maritime public
in a portion of the waterway that is
expected to be populated by vessel
operators and persons seeking to view
the fireworks display, as well as
mariners operating unknowingly too
close to the fireworks discharge site.
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70871
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held. We will implement a
temporary final rule with no changes to
the NPRM.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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. This exception is based on the
fact that there is little vessel traffic
associated with recreational boating and
commercial fishing in the area during
the enforcement period. Because the
safety zone lies entirely outside the
federal navigation channel, vessel
operators may transit safely around the
zone. For the above reasons, the Coast
Guard does not anticipate any
significant economic impact.
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.
This rule would affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to operate, remain or
anchor within certain waters of the
Potomac River, at National Harbor,
Maryland, from 6:30 p.m. through 9:30
p.m. on November 28, 2008, and if
necessary due to inclement weather,
from 6:30 p.m. through 9:30 p.m. on
November 29, 2008. Because the zone is
of limited duration, it is expected that
there will be minimal disruption to the
maritime community. Before the
effective period, the Coast Guard will
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]]>Agencies
[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70868-70871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27844]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1081]
RIN 1625-AA00
Safety Zone: Oregon Inlet, North Carolina, Dredge Project
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
the Dredge R.S. Weeks during dredging operations in Oregon Inlet, North
Carolina. This safety zone will enhance the safety of vessels
transiting Oregon Inlet, North Carolina during periods of dredging
operations. This project is being undertaken to increase the water
depth in Oregon Inlet, North Carolina to 14 feet. Entry into the safety
zone is prohibited unless authorized by the Captain of the Port, North
Carolina.
DATES: This rule is effective from 8 a.m. on November 7, 2008 through 5
p.m. November 30, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-1081 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2008-1081
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: 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 the United
States Sector North Carolina, 2301 East Fort Macon Road, Atlantic
Beach, North Carolina 28512 between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call CWO4 Stephen Lyons, Waterways Management Division
Chief, Sector North Carolina, at (252) 247-4570. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 70869]]
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the publishing of an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to protect the maritime public form the hazards associated with
the dredge project in Oregon Inlet, North Carolina.
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
Due to the dynamic nature of Oregon Inlet, near continuous dredging
and frequent realignment of the approach channel east of the Herbert C.
Bonner Bridge have become routine. Passage of tropical storms and
strong low pressure systems accelerate the shoaling and need for
maintenance dredging. The Federal Navigation Project is maintained by
the U.S. Army Corps of Engineers (USACE) through the employment of
USACE assets or by contracts issued and administered by the USACE. The
Army Corps of Engineers has contracted Weeks Marine Inc. of Covington,
LA to perform maintenance dredging in Oregon Inlet, NC. The contractor
will be utilizing the 280 foot hydraulic Dredge R.S. Weeks. The dredge
has a 65 foot beam and uses a 30 inch diameter 1600 foot floating
discharge line that will be connected to a submerged shore connection.
During periods of operation the dredge may reduce the available
horizontal clearance of Oregon Inlet by 1880 feet and may entirely
obstruct the navigational channel to vessel traffic. Vessel use of the
alternate spans 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 structural integrity of the bridge,
potential vessel strikes, and the absence of a fender system in the
alternate spans, the only safe passage for vessels is through the main
navigational span.
Discussion of Rule
This safety zone is necessary to safeguard mariners from the
hazards associated with dredging on the waters of Oregon Inlet, North
Carolina. This regulation establishes a 100 yard moving safety zone on
the waters of Oregon Inlet around the perimeter of the Dredge R.S.
Weeks during dredging operations. In addition, it establishes a 50 yard
safety zone around the perimeter of the floating discharge line which
leads from the dredge to the submerged shore connection. Entry into
these zones will be prohibited unless authorized by the Captain of the
Port.
Alternate routes for any vessel wishing to transit through Oregon
Inlet include traveling through Hatteras Inlet, Beaufort Inlet, or
through the Atlantic Intracoastal Waterway.
Law enforcement, aids to navigation, and other waterway maintenance
vessels are specifically exempt from this regulation.
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 Oregon Inlet, the
effect of this rule will not be significant because: (i) The safety
zones only restrict vessels during dredging operations; (ii) the Coast
Guard will make extensive notifications of the safety zone to the
maritime public via maritime advisories so mariners can adjust their
plans accordingly; (iii) the safety zones will be in effect for a
limited duration of time; and (iv) mariners will have alternate routes
to transit through Oregon Inlet, including traveling through Hatteras
Inlet, Beaufort Inlet, or through the Atlantic Intracoastal Waterway.
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.
This rule will affect vessels intending to transit on the waters of
Oregon Inlet, North Carolina from 8 a.m. on November 7, 2008 through 5
p.m. on November 30, 2008. Although the safety zones will apply to the
waters of the Oregon Inlet the zones will not have significant impact
on small entities because the safety zones only restrict vessels during
dredging operations, the Coast Guard will make extensive notifications
of the safety zone to the maritime public via maritime advisories so
mariners can adjust their plans accordingly, the safety zones will be
in enforced for a limited duration of time, and mariners will have
alternate routes to transit through Oregon Inlet, including traveling
through Hatteras Inlet, Beaufort Inlet, or through the Atlantic
Intracoastal Waterway.
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).
[[Page 70870]]
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.
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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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. An environmental analysis checklist and a
categorical exclusion determination are 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.
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 165 as follows:
PART 165--SAFETY ZONES
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T05-1081 to read as follows:
Sec. 165.T05-1081 Safety Zone; Oregon Inlet, NC.
(a) Definitions. Captain of the Port Representative means the
Commander, Sector North Carolina, or any Coast Guard commissioned,
warrant, or petty officer who has been authorized to act on the Captain
of the Port's behalf.
(b) Location. The following area is a safety zone: Waters of Oregon
Inlet within 100 yards of the Dredge R.S. Weeks and within 50 yards of
the floating discharge line.
(c) Regulations. (1) The general regulations governing safety zones
found in Sec. 165.23 of this part apply to the safety zone described
in paragraph (b) of this section.
(2) In accordance with the general regulations in section 165.23 of
this part, entry into these safety zones is prohibited unless
authorized by the Captain of the Port or a Captain of the Port
Representative. All vessel movement within the safety zones is
prohibited except as specifically authorized by the Captain of the Port
or a Captain of the Port Representative.
(3) This section applies to all vessels operating within the safety
zone except vessels that are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Surveying, maintaining or improving waters in the safety
zone.
(4) Any deviation from paragraph (c)(2) of this section due to
extreme circumstances must be authorized by the Captain of the Port or
a Captain of the Port representative. Vessels granted permission to
transit must do so in accordance with the directions provided by the
Captain of the Port or a Captain of the Port representative to that
vessel. To seek permission to transit the area, the Captain of the Port
can be contacted at telephone number (252) 247-4570.
(5) Due to continual shoaling in Oregon Inlet, all vessels should
use caution while transiting the area. Mariners are advised to view the
latest U.S. Army Corps of Engineers survey
[[Page 70871]]
data prior to attempting to transit the area. Mariners can view the
survey at https://www.saw.usace.army.mil/nav/OREGON.htm.
(6) Mariners are reminded that the fendered span of the Herbert C.
Bonner Bridge is the only recommended route for passing under the
bridge. Passing through any unfendered span presents a significant
hazard to the vessel and the bridge.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the regulated navigation area by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced from 8 a.m.
November 7, 2008, through 5 p.m. November 30, 2008.
Dated: November 7, 2008.
J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port, North Carolina.
[FR Doc. E8-27844 Filed 11-21-08; 8:45 am]
BILLING CODE 4910-15-P
