Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, NC, 31369-31372 [E9-15577]
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Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations
Department of Labor, Bureau of Labor
Statistics.
Director, NPFC means the head of the
U.S. Coast Guard, National Pollution
Funds Center (NPFC).
Single-hull means the hull of a tank
vessel that is constructed or adapted to
carry, or that carries, oil in bulk as cargo
or cargo residue, that is not a double
hull as defined in 33 CFR part 157.
Single-hull includes the hull of any such
tank vessel that is fitted with double
sides only or a double bottom only.
§ 138.230
Limits of liability.
(a) Vessels. The OPA 90 limits of
liability for vessels are—
(1) For a single-hull tank vessel
greater than 3,000 gross tons, the greater
of $3,200 per gross ton or $23,496,000;
(2) For a tank vessel greater than 3,000
gross tons, other than a single-hull tank
vessel, the greater of $2,000 per gross
ton or $17,088,000.
(3) For a single-hull tank vessel less
than or equal to 3,000 gross tons, the
greater of $3,200 per gross ton or
$6,408,000.
(4) For a tank vessel less than or equal
to 3,000 gross tons, other than a singlehull tank vessel, the greater of $2,000
per gross ton or $4,272,000.
(5) For any other vessel, the greater of
$1,000 per gross ton or $854,400.
(b) Deepwater ports. The OPA 90
limits of liability for deepwater ports
are—
(1) For any deepwater port other than
a deepwater port with a limit of liability
established by regulation under Section
1004(d)(2) of OPA 90 (33 U.S.C.
2704(d)(2)) and set forth in paragraph
(b)(2) of this section, $373,800,000;
(2) For deepwater ports with limits of
liability established by regulation under
Section 1004(d)(2) of OPA 90 (33 U.S.C.
2704(d)(2)):
(i) For the Louisiana Offshore Oil Port
(LOOP), $87,606,000; and
(ii) [Reserved].
(c) [Reserved].
§ 138.240 Procedure for calculating limit of
liability adjustments for inflation.
(a) Formula for calculating a
cumulative percent change in the
Annual CPI–U. The Director, NPFC,
calculates the cumulative percent
change in the Annual CPI–U from the
year the limit of liability was
established, or last adjusted by statute or
regulation, whichever is later (i.e., the
Previous Period), to the most recently
published Annual CPI–U (i.e., the
Current Period), using the following
escalation formula:
Percent change in the Annual CPI–U =
[(Annual CPI–U for Current
Period¥Annual CPI–U for Previous
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Period) ÷ Annual CPI–U for
Previous Period] × 100.
This cumulative percent change value
is rounded to one decimal place.
(b) Significance threshold. Not later
than every three years from the year the
limits of liability were last adjusted for
inflation, the Director, NPFC, will
evaluate whether the cumulative
percent change in the Annual CPI–U
since that date has reached a
significance threshold of 3 percent or
greater. For any three-year period in
which the cumulative percent change in
the Annual CPI–U is less than 3 percent,
the Director, NPFC, will publish a
notice of no inflation adjustment to the
limits of liability in the Federal
Register. If this occurs, the Director,
NPFC, will recalculate the cumulative
percent change in the Annual CPI–U
since the year in which the limits of
liability were last adjusted for inflation
each year thereafter until the cumulative
percent change equals or exceeds the
threshold amount of 3 percent. Once the
3-percent threshold is reached, the
Director, NPFC, will increase the limits
of liability, by regulation, for all source
categories (including any new limit of
liability established by statute or
regulation since the last time the limits
of liability were adjusted for inflation)
by an amount equal to the cumulative
percent change in the Annual CPI–U
from the year each limit was
established, or last adjusted by statute or
regulation, whichever is later. Nothing
in this paragraph shall prevent the
Director, NPFC, in the Director’s sole
discretion, from adjusting the limits of
liability for inflation by regulation
issued more frequently than every three
years.
(c) Formula for calculating inflation
adjustments. The Director, NPFC,
calculates adjustments to the limits of
liability in § 138.230 of this part for
inflation using the following formula:
New limit of liability = Previous limit of
liability + (Previous limit of liability
× percent change in the Annual
CPI–U calculated under paragraph
(a) of this section), then rounded to
the closest $100.
(d) [Reserved].
Dated: June 25, 2009.
William R. Grawe,
Acting Director, National Pollution Funds
Center, United States Coast Guard.
[FR Doc. E9–15563 Filed 6–30–09; 8:45 am]
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31369
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0489]
RIN 1625–AA11
Regulated Navigation Area; Herbert C.
Bonner Bridge, Oregon Inlet, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary regulated
navigation area (RNA) on the waters of
Oregon Inlet, North Carolina (NC). The
RNA is needed to protect maritime
infrastructure and the maritime public
during fender repair work on the
Herbert C. Bonner Bridge.
DATES: This rule is effective from 8 p.m.
on June 22, 2009, through 8 p.m. on July
31, 2009.
ADDRESSES: Comments and materials
received from the public, as well as
documents mentioned in this preamble
as being available in the docket are part
of docket USCG–2009–0489 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–
2009–0489 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is 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 at Coast
Guard Sector North Carolina, 2301 E
Fort Macon Rd, Atlantic Beach, NC,
28512, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail CWO4 Stephen
Lyons, Waterways Management
Division Chief, Coast Guard Sector
North Carolina; telephone (252) 247–
4525, e-mail
Stephen.W.Lyons2@uscg.mil. 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. 74, No. 125 / Wednesday, July 1, 2009 / 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to protect
bridge repair workers and the maritime
public from the hazards associated with
this maintenance project. Fendering
system repair workers will be on
scaffolding in the navigation channel
underneath the bridge. Vessels
transiting the channel could knock the
workers off the scaffolding and into the
water. Likewise vessels could sustain
damage by striking the scaffolding. It is
imperative an RNA is established to
complete and finalize the fender repair
work on the bridge. Delaying fendering
repair work on the bridge to complete
an NPRM is impractical, unnecessary,
and contrary to the public interest. For
the safety concerns noted, it is in the
public interest to have this regulation in
place during the construction. In
addition, the necessary information to
determine the impact of this
construction on the maritime public was
not provided with sufficient time to
publish an NPRM. The Coast Guard
received notice from the contractor
performing construction on the bridge
that the fender repair work will not be
completed by June 5, 2009, as originally
planned, due to unforeseen
circumstances.
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. It is
imperative an RNA is established
immediately during the fender repair
work on the bridge.
Background and Purpose
The State of North Carolina
Department of Transportation awarded a
contract to Marine Technologies Inc. of
Baltimore, MD to perform repair work
on the Herbert C. Bonner Bridge located
in Oregon Inlet, NC. The contract is for
the repair of the existing fender system
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that protects the bridge piers located on
either side of the navigation channel
from vessel allision. The fender repairs
began on April 16, 2009 and were
initially scheduled to continue through
June 5, 2009. However, the repairs were
not completed by June 5, 2009. The
fender repair work will continue from
June 5, 2009, through July 2009. The
contractor will utilize scaffolding
hanging from the fender system to
perform and complete the repair work.
During periods of work, the scaffolding
will reduce the available horizontal
clearance of the main navigational
channel to 124′. Because of this
construction, vessels over a certain size
will be limited in their ability to transit
the regulated area as described below.
Discussion of Rule
The RNA will encompass the area of
the main navigational channel directly
under the Herbert C. Bonner Bridge. All
vessels of 100 gross tons and greater are
not permitted to transit the waterway
unless the vessel asks the District
Commander or his representative for
permission to transit. To seek
permission to transit the area, mariners
can contact Sector North Carolina at
telephone number 252–47–4570.
Any vessel transiting the regulated
area must do so at a no-wake speed
during the effective period. Nothing in
this proposed rule negates the
requirement to operate at a safe speed as
provided in the Navigational Rules and
Regulations.
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.
Although this regulation will restrict
access to the regulated area, the effect of
this rule will not be significant because:
(i) The regulated navigation area will be
in effect for a limited duration of time,
(ii) the Coast Guard will give advance
notification via maritime advisories so
mariners can adjust their plans
accordingly, and (iii) vessels of 100
gross tons or greater may be granted
permission to transit the area by the
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District Commander or his
representative.
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.
Although the regulated area will apply
to the waters of the Oregon Inlet, the
area will not have significant impact on
small entities because the area will only
be in place for a limited duration of time
and maritime advisories will be issued
in advance to allow the public to adjust
their plans accordingly.
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).
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
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Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations
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
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
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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 023–01 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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. Therefore, this rule is
categorically excluded, under section
2.B. Figure 2–1, paragraph (34)(g), of the
Instruction and neither an
environmental assessment nor an
environmental impact statement is
required. This rule involves
establishing, disestablishing, or
changing a regulated navigation area.
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
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31371
PART 165—REGULATED NAVIGATION
AREAS
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, 3307; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add temporary § 165.T05–0489 to
read as follows:
■
§ 165.T05–0489 Regulated Navigation
Area; Herbert C. Bonner Bridge, Oregon
Inlet, NC.
(a) Definitions. For the purposes of
this section:
District Commander means the
Commander, Fifth Coast Guard District.
Designated Representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Commander, Fifth U.S. Coast
Guard District to act as a designated
representative on his behalf.
(b) Location. The following area is a
regulated navigation area: All waters of
Oregon Inlet, between the fendered
spans of the Herbert C. Bonner Bridge.
(c) Regulations. (1) The general
regulations governing regulated
navigation areas found in § 165.13 of
this part apply to the regulated
navigation area described in paragraph
(b) of this section.
(2) All vessels of 100 gross tons and
greater are not permitted to transit the
regulated area without permission from
the District Commander or his
representative. To seek permission to
transit the area, mariners can contact
Sector North Carolina at telephone
number (252) 247–4570.
(3) Any vessel transiting the regulated
area must do so at a no-wake speed
during the effective period. The Coast
Guard vessels enforcing this section can
be contacted on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz). Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light or
other means, the operator of a vessel
shall proceed as directed. If permission
is granted, all persons and vessels must
comply with the instructions of the
District Commander or his
representative and proceed at the
minimum speed necessary to maintain a
safe course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced from 8 p.m. on June 22,
2009, through 8 p.m. on July 31, 2009,
unless cancelled earlier by the District
Commander or designated
representative.
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Dated: June 19, 2009.
P.B. Trapp,
Captain, U.S. Coast Guard Acting
Commander, Fifth Coast Guard District.
[FR Doc. E9–15577 Filed 6–30–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
37 CFR Part 1
[Docket No.: PTO–P–2009–0025]
RIN 0651–AC34
July 2009 Revision of Patent
Cooperation Treaty Procedures
AGENCY: United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
SUMMARY: The United States Patent and
Trademark Office (USPTO) is revising
the rules of practice in title 37 of the
Code of Federal Regulations (CFR) to
conform them to certain amendments
made to the Regulations under the
Patent Cooperation Treaty (PCT) that
take effect on July 1, 2009. These
amendments result in a change to the
procedure under the PCT whereby
applicants may make amendments to
the claims in an international
application.
DATES: Effective Date: The changes to 37
CFR 1.485 are effective on July 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Richard R. Cole, Senior Legal Examiner,
Office of PCT Legal Administration
(OPCTLA) directly by telephone at (571)
272–3281, or by facsimile at (571) 273–
0459.
SUPPLEMENTARY INFORMATION: During the
September 2008 meeting of the
Governing Bodies of the World
Intellectual Property Organization
(WIPO), the PCT Assembly adopted
various amendments to the Regulations
under the PCT that enter into force on
July 1, 2009. The amended PCT
Regulations were published in the PCT
Gazette of December 11, 2008 (38/2008),
at pages 166–167. The amendments
include provisions which modify the
procedures for making amendments to
the claims in an international
application.
The Patent Cooperation Treaty (PCT)
enables an applicant to file one
application, ‘‘an international
application’’ or a ‘‘PCT application,’’ in
a standardized format in a PCT
Receiving Office and have that
application acknowledged as a regular
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national or regional filing in as many
Contracting States to the PCT as the
applicant desires. The requirements for
PCT applications are specified in the
PCT Treaty Articles and the Regulations
issued under the PCT Treaty (the PCT
Regulations). Certain requirements of
the PCT Treaty and PCT Regulations are
reiterated in the USPTO’s rules of
practice in 37 CFR for the convenience
of patent applicants. Changes to the PCT
Regulations (PCT Rules 46.5 and 66.8)
that govern the manner of making
amendments to the claims in
international applications will become
effective on July 1, 2009. Under the
current PCT Regulations, applicants are
required to submit replacement pages
for only those pages which contain
changes, where under the revised PCT
Regulations applicants will be required
to submit a complete set of the claims
when amending any of the claims. The
USPTO’s rules of practice in 37 CFR (37
CFR 1.485) set forth the current practice
for amending claims and must be
changed to be consistent with the
changes to the PCT Regulations.
The changes to 37 CFR 1.485 are
effective on July 1, 2009, and apply to
any amendment filed in an international
application on or after that date
regardless of the filing date of the
international application.
Discussion of Specific Rules
Title 37 of the Code of Federal
Regulations, part 1, is amended as
follows:
Section 1.485: Section 1.485 is
amended to require that amendments to
the claims in a PCT international
application must be made in accordance
with PCT Rule 66.8.
Rulemaking Considerations
A. Administrative Procedure Act: The
change in this final rule merely revises
the USPTO’s rules of practice to
conform to the requirements of the PCT
Regulations that become effective on
July 1, 2009. 35 U.S.C. 364(a) provides
that international applications shall be
processed by the USPTO in accordance
with the applicable provisions of the
PCT, the Regulations under the PCT and
Title 35 of the United States Code.
Therefore, these rule changes involve
interpretive rules or rules of agency
practice and procedure under 5 U.S.C.
553(b)(A). Accordingly, the changes in
this final rule may be adopted without
prior notice and opportunity for public
comment under 5 U.S.C. 553(b) and (c),
or thirty-day advance publication under
5 U.S.C. 553(d). See Cooper Techs. Co.
v. Dudas, 536 F.3d 1330, 1336–37, 87
U.S.P.Q.2d 1705, 1710 (Fed. Cir. 2008)
(stating that 5 U.S.C. 553, and thus 35
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U.S.C. 2(b)(2)(B), does not require notice
and comment on rulemaking for
‘‘‘interpretative rules, general statements
of policy, or rules of agency
organization, procedure, or practice.’’’
(quoting 5 U.S.C. 553(b)(A))).
B. Regulatory Flexibility Act: As prior
notice and an opportunity for public
comment are not required pursuant to 5
U.S.C. 553 (or any other law), neither a
regulatory flexibility analysis nor a
certification under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) is
required. See 5 U.S.C. 603.
C. Executive Order 13132
(Federalism): This rulemaking does not
contain policies with federalism
implications sufficient to warrant
preparation of a Federalism Assessment
under Executive Order 13132 (Aug. 4,
1999).
D. Executive Order 12866 (Regulatory
Planning and Review): This rulemaking
has been determined to be significant
for purposes of Executive Order 12866
(Sept. 30, 1993).
E. Executive Order 13175 (Tribal
Consultation): This rulemaking will not:
(1) Have substantial direct effects on one
or more Indian Tribes; (2) impose
substantial direct compliance costs on
Indian Tribal governments; or (3)
preempt Tribal law. Therefore, a Tribal
summary impact statement is not
required under Executive Order 13175
(Nov. 6, 2000).
F. Executive Order 13211 (Energy
Effects): This rulemaking is not a
significant energy action under
Executive Order 13211 because this
rulemaking is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
a Statement of Energy Effects is not
required under Executive Order 13211
(May 18, 2001).
G. Executive Order 12988 (Civil
Justice Reform): This rulemaking meets
applicable standards to minimize
litigation, eliminate ambiguity, and
reduce burden as set forth in sections
3(a) and 3(b)(2) of Executive Order
12988 (Feb. 5, 1996).
H. Executive Order 13045 (Protection
of Children): This rulemaking does not
concern an environmental risk to health
or safety that may disproportionately
affect children under Executive Order
13045 (Apr. 21, 1997).
I. Executive Order 12630 (Taking of
Private Property): This rulemaking will
not effect a taking of private property or
otherwise have taking implications
under Executive Order 12630 (Mar. 15,
1988).
J. Congressional Review Act: Under
the Congressional Review Act
provisions of the Small Business
Regulatory Enforcement Fairness Act of
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]]>Agencies
[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31369-31372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15577]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0489]
RIN 1625-AA11
Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon
Inlet, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) on the waters of Oregon Inlet, North Carolina
(NC). The RNA is needed to protect maritime infrastructure and the
maritime public during fender repair work on the Herbert C. Bonner
Bridge.
DATES: This rule is effective from 8 p.m. on June 22, 2009, through 8
p.m. on July 31, 2009.
ADDRESSES: Comments and materials received from the public, as well as
documents mentioned in this preamble as being available in the docket
are part of docket USCG-2009-0489 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-2009-0489 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is 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 at Coast Guard
Sector North Carolina, 2301 E Fort Macon Rd, Atlantic Beach, NC, 28512,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone (252) 247-
4525, e-mail Stephen.W.Lyons2@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 31370]]
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because immediate action is needed to
protect bridge repair workers and the maritime public from the hazards
associated with this maintenance project. Fendering system repair
workers will be on scaffolding in the navigation channel underneath the
bridge. Vessels transiting the channel could knock the workers off the
scaffolding and into the water. Likewise vessels could sustain damage
by striking the scaffolding. It is imperative an RNA is established to
complete and finalize the fender repair work on the bridge. Delaying
fendering repair work on the bridge to complete an NPRM is impractical,
unnecessary, and contrary to the public interest. For the safety
concerns noted, it is in the public interest to have this regulation in
place during the construction. In addition, the necessary information
to determine the impact of this construction on the maritime public was
not provided with sufficient time to publish an NPRM. The Coast Guard
received notice from the contractor performing construction on the
bridge that the fender repair work will not be completed by June 5,
2009, as originally planned, due to unforeseen circumstances.
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. It is imperative an RNA is established
immediately during the fender repair work on the bridge.
Background and Purpose
The State of North Carolina Department of Transportation awarded a
contract to Marine Technologies Inc. of Baltimore, MD to perform repair
work on the Herbert C. Bonner Bridge located in Oregon Inlet, NC. The
contract is for the repair of the existing fender system that protects
the bridge piers located on either side of the navigation channel from
vessel allision. The fender repairs began on April 16, 2009 and were
initially scheduled to continue through June 5, 2009. However, the
repairs were not completed by June 5, 2009. The fender repair work will
continue from June 5, 2009, through July 2009. The contractor will
utilize scaffolding hanging from the fender system to perform and
complete the repair work. During periods of work, the scaffolding will
reduce the available horizontal clearance of the main navigational
channel to 124'. Because of this construction, vessels over a certain
size will be limited in their ability to transit the regulated area as
described below.
Discussion of Rule
The RNA will encompass the area of the main navigational channel
directly under the Herbert C. Bonner Bridge. All vessels of 100 gross
tons and greater are not permitted to transit the waterway unless the
vessel asks the District Commander or his representative for permission
to transit. To seek permission to transit the area, mariners can
contact Sector North Carolina at telephone number 252-47-4570.
Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. Nothing in this proposed rule
negates the requirement to operate at a safe speed as provided in the
Navigational Rules and Regulations.
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.
Although this regulation will restrict access to the regulated
area, the effect of this rule will not be significant because: (i) The
regulated navigation area will be in effect for a limited duration of
time, (ii) the Coast Guard will give advance notification via maritime
advisories so mariners can adjust their plans accordingly, and (iii)
vessels of 100 gross tons or greater may be granted permission to
transit the area by the District Commander or his representative.
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. Although the regulated area will apply to the waters of the
Oregon Inlet, the area will not have significant impact on small
entities because the area will only be in place for a limited duration
of time and maritime advisories will be issued in advance to allow the
public to adjust their plans accordingly.
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).
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
[[Page 31371]]
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 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 023-01 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
Therefore, this rule is categorically excluded, under section 2.B.
Figure 2-1, paragraph (34)(g), of the Instruction and neither an
environmental assessment nor an environmental impact statement is
required. This rule involves establishing, disestablishing, or changing
a regulated navigation area. 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 discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS
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,
3307; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T05-0489 to read as follows:
Sec. 165.T05-0489 Regulated Navigation Area; Herbert C. Bonner
Bridge, Oregon Inlet, NC.
(a) Definitions. For the purposes of this section:
District Commander means the Commander, Fifth Coast Guard District.
Designated Representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Commander,
Fifth U.S. Coast Guard District to act as a designated representative
on his behalf.
(b) Location. The following area is a regulated navigation area:
All waters of Oregon Inlet, between the fendered spans of the Herbert
C. Bonner Bridge.
(c) Regulations. (1) The general regulations governing regulated
navigation areas found in Sec. 165.13 of this part apply to the
regulated navigation area described in paragraph (b) of this section.
(2) All vessels of 100 gross tons and greater are not permitted to
transit the regulated area without permission from the District
Commander or his representative. To seek permission to transit the
area, mariners can contact Sector North Carolina at telephone number
(252) 247-4570.
(3) Any vessel transiting the regulated area must do so at a no-
wake speed during the effective period. The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel
by siren, radio, flashing light or other means, the operator of a
vessel shall proceed as directed. If permission is granted, all persons
and vessels must comply with the instructions of the District Commander
or his representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 8 p.m.
on June 22, 2009, through 8 p.m. on July 31, 2009, unless cancelled
earlier by the District Commander or designated representative.
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Dated: June 19, 2009.
P.B. Trapp,
Captain, U.S. Coast Guard Acting Commander, Fifth Coast Guard District.
[FR Doc. E9-15577 Filed 6-30-09; 8:45 am]
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