Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, NC, 75050-75054 [2014-29589]
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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations
B. Environmental Analysis
25. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.22 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.23 The actions taken here
fall within categorical exclusions in the
Commission’s regulations for rules that
are clarifying, corrective, or procedural,
for information gathering, analysis, and
dissemination, and for sales, exchange,
and transportation of natural gas that
requires no construction of facilities.24
Therefore, an environmental assessment
is unnecessary and has not been
prepared as part of this Final Rule.
C. Regulatory Flexibility Act
26. The Regulatory Flexibility Act of
1980 (RFA) 25 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. RFA mandates consideration of
regulatory alternatives that accomplish
the stated objectives of a proposed rule
and that minimize any significant
economic impact on a substantial
number of small entities. The Small
Business Administration’s (SBA) Office
of Size Standards develops the
numerical definition of a small
business.26 The SBA has established a
size standard for pipelines transporting
natural gas stating that a firm is small
if its annual receipts are less than $27.5
million.27
27. The changes promulgated here
only impact interstate pipelines. The
Commission estimates that
approximately 165 entities would be
potential respondents subject to data
collection FERC–545 reporting
requirements. Using 2013 revenue data,
the Commission estimates that 70 28
pipelines not affiliated with larger
companies had annual revenues of less
than $27.5 million. The Commission
estimates that the one-time cost per
small entity is $1,024.29 In the future,
small entities should see a cost savings
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22 Regulations
Implementing the National
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897, FERC Stats. & Regs. ¶ 30,783 (1987).
23 18 CFR 380.4 (2014).
24 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5),
380.4(a)(27) (2014).
25 5 U.S.C. 601–612.
26 13 CFR 121.101 (2013).
27 13 CFR 121.201, subsection 486.
28 42.3 percent of the total number of affected
entities.
29 See the Information Collection section for
further explanation.
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related to avoiding filing requirements
related to system maps. The
Commission does not consider the
estimated $1,024 impact per entity to be
significant. Accordingly, pursuant to
§ 605(b) of the RFA, the Commission
certifies that this proposed rule should
not have a significant economic impact
on a substantial number of small
entities.
D. Document Availability
28. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://
www.ferc.gov) and in FERC’s Public
Reference Room during normal business
hours (8:30 a.m. to 5:00 p.m. Eastern
time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
29. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
30. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours from FERC
Online Support at (202) 502–6652 (toll
free at (866) 208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
E. Effective Date and Congressional
Notification
31. These regulations are effective 90
days after publication in the Federal
Register. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.
List of subjects in 18 CFR Part 154
Reporting and recordkeeping
requirements.
By the Commission.
Kimberly D. Bose,
Secretary.
Frm 00008
Fmt 4700
1. The authority citation for part 154
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w; 31 U.S.C.
9701; 42 U.S.C. 7102–7352.
2. Revise § 154.103(a) to read as
follows:
■
§ 154.103
Composition of tariff.
(a) The tariff must contain sections, in
the following order: A table of contents,
a preliminary statement, a uniform
resource locator for the Internet address
of a map of the system, currently
effective rates, composition of rate
schedules, general terms and
conditions, form of service agreement,
and an index of customers.
*
*
*
*
*
■ 3. Revise § 154.106 to read as follows:
§ 154.106
Map.
(a) The tariff must state a uniform
resource locator on the pipeline’s
Internet Web site, at which the general
public may display and download
system map(s).
(b) The map must show the general
geographic location of the company’s
principal pipeline facilities and of the
points at which service is rendered
under the tariff. The boundaries of any
rate zones or rate areas must be shown
and the areas or zones identified. The
entire system should be displayed on a
single map. In addition, a separate map
should be provided for each zone.
(c) The map must be revised to reflect
any major change no later than the end
of the calendar quarter that immediately
follows the calendar quarter in which
the major change occurred.
[FR Doc. 2014–29470 Filed 12–16–14; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0987]
RIN 1625–AA11
Regulated Navigation Area; Herbert C.
Bonner Bridge, Oregon Inlet, NC
Coast Guard, DHS.
Interim final rule; and request
for comments.
AGENCY:
ACTION:
In consideration of the foregoing, the
Commission shall amend Part 154,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
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PART 154—RATE SCHEDULES AND
TARIFFS
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The Coast Guard is
establishing a Regulated Navigation
Area (RNA) on the navigable waters of
SUMMARY:
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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations
Oregon Inlet, NC surrounding the
Herbert C. Bonner Bridge. This RNA
will allow the Coast Guard to enforce
vessel traffic restrictions within the
RNA when necessary to safeguard
people and vessels from the hazards
associated with potential catastrophic
structural damage that could occur due
to vessel allisions with the bridge.
DATES: This rule is effective without
actual notice on December 17, 2014. For
the purposes of enforcement, actual
notice will be used from November 25,
2014 until December 17, 2014.
Comments and related material must
be received by the Coast Guard on or
before February 17, 2015.
Requests for public meetings must be
received by the Coast Guard on or before
January 16, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2014–0987. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Open Docket
Folder’’ on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
You may submit comments, identified
by docket number, using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Derek Burrill, Waterways
Management Division Chief, U.S. Coast
Guard Sector North Carolina, telephone
(910) 772–2230, email Derek.J.Burrill@
uscg.mil. If you have questions on
viewing or submitting material to the
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docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
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.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘Submit
a Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this rulemaking. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before January 16, 2015,
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is issuing this
interim 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. Immediate action is necessary to
protect the maritime public who transit
Oregon Inlet and motorists that use the
Herbert C. Bonner bridge. Vessel strikes
to the Herbert C. Bonner Bridge could
cause catastrophic damage to the bridge
makes immediate action necessary to
minimize the risk of potential loss of
life, damage to the bridge, and the
impact on access to Hatteras Island.
Accordingly, waiting for a comment
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period to run is impractical as it would
expose the public to a longer danger
period.
The particular facts about the Bonner
Bridge and the waterway require special
vessel traffic control measures. A bridge
strike by a vessel could cause
catastrophic damage to the bridge,
impacting motorists, mariners, local
businesses and residents of Hatteras
Island, NC. The North Carolina
Department of Transportation (NC DOT)
indicates that the Bonner Bridge has a
very low sufficiency rating. Sufficiency
rating is an overall rating of a bridge’s
fitness for the duty that it performs. In
addition, recent hydrographic survey
data reports indicate shoaling is present
in the vicinity of the navigation span.
When such shoaling is present, the
Coast Guard has observed vessels
attempting to transit through alternate
spans of the Herbert C. Bonner Bridge.
Transiting through alternate spans is
hazardous as they are not intended for
navigation. The un-fendered or
unprotected structural components of
the bridge among these spans are more
vulnerable to damage caused by a vessel
strike, increasing the risk of consequent
catastrophic damage.
For the same reasons as discussed
about, 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.
C. Basis and Purpose
This rulemaking is authorized by 33
U.S.C. 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; and DHS
Delegation No. 0170.1. Under these
authorities the Coast Guard may
establish an RNA in defined water areas
that are determined to have hazardous
conditions and in which vessel traffic
can be regulated in the interest of safety.
The purpose of this RNA is to reduce
the risk of a bridge strike resulting from
a vessel transiting through alternative
spans of the Herbert C. Bonner Bridge,
which are not intended for navigation.
A bridge strike to un-fendered or
unprotected structural elements of the
Bonner Bridge would introduce a clear
and present danger to stability of the
bridge, motorists, mariners, and indirect
impacts on local businesses and
residents of Hatteras Island, NC.
U.S. Army Corps of Engineers
(USACE) hydrographic survey data
provide to the Coast Guard over the past
two years indicates shoaling to depths
of less than 3 feet at mean low water
within the approaches to the Bonner
Bridge on a frequently occurring basis.
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When shoaling is present in the vicinity
of the navigation span, vessels attempt
to transit through alternate spans.
Transiting through alternate spans is
hazardous. Mariners transiting near and
through the unprotected structural
components increase the potential of a
bridge strike; these spans do not have
fenders or other mechanisms to protect
the bridge from vessel strikes. Vessels
that transit alternate bridge spans risk
safe navigation as there are no
advertised vertical and horizontal
clearances in these areas.
The Coast Guard has also considered
the North Carolina Department of
Transportation (NC DOT) recent
biennial bridge inspection in
accordance with National Bridge
Inspection Standards (NBIS) for the
Herbert C. Bonner Bridge. This report
takes into account the substructure and
superstructure inspections along with
analysis of the maritime navigational
and motor vehicle concerns. The report
noted weakened pile supports as a
result of section loss and substructure
erosion to the point of showing exposed
rebar. Information provided to the Coast
Guard by NC DOT indicates that the
Herbert C. Bonner Bridge has a very low
sufficiency rating. Due to the dynamic
nature of Oregon Inlet waterway,
frequent dredging and realignment of
the approach channel east of the bridge
have become routine. Passage of
hurricanes and strong low pressure
systems, i.e. Nor’easters exacerbate tidal
current and the seasonal fluctuations of
the inlet’s water depths. Maintenance of
adequate depth and adequate channel
alignment is a temporary measure that
typically provides for safe vessel
navigation for a very limited time period
for safe vessel navigation. Maintenance
dredging of the Federal Navigation
Project is dependent on available
funding, marine weather dredging
windows, and channel condition
surveys. Because many of these factors
are uncontrollable, dredging operations
are not regularly scheduled
maintenance activities.
The Herbert C. Bonner Bridge is the
only vehicular access to Hatteras Island
for residents, commercial vendors, and
business owners transiting from Nags
Head-Bodie Island to Hatteras Island.
The Bonner Bridge is subject to heavy
traffic volume, particularly during the
summer tourist season. Risks to the lives
of mariners, vehicle motorist and
passengers, have been considered in the
development of this rulemaking.
D. Discussion of the Interim Rule
To address the aforementioned
hazards, this rule will establish
restrictions for the Oregon Inlet
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waterway by prohibiting vessels with
certain characteristics from transiting
under or within 100 yards either side of
the Herbert C. Bonner Bridge. The Coast
Guard invites comments and will
consider comments in development of a
final regulation. This RNA will be
effective with actual notice for purposes
of enforcement on November 25, 2014.
The restrictions for navigation will be
enforceable 24 hours a day as long as
this RNA is in effect. The Coast Guard
will enforce the restriction, however,
only when necessary to protect people
and vessels from hazards. As indicated
above, the Coast Guard expects to
restrict marine traffic if there is shoaling
that impacts safe vessel transit through
the navigation span, or there is damage
to the bridge that presents a hazard to
people and vessels.
There are alternate routes for vessels
bound for Oregon Inlet, North Carolina
and inland waterfront communities,
including Wanchese, NC. Those
alternate routes include transiting
through Beaufort Inlet or Chesapeake
Bay and the Atlantic Intracoastal
Waterway and Sounds of North
Carolina. The distance from Oregon
Inlet Lighted Whistle Buoy ‘‘OI’’ to
Wanchese, North Carolina via Beaufort
Inlet, the Atlantic Intracoastal Waterway
and Pamlico Sound is approximately
190 nautical miles. The distance from
Oregon Inlet Lighted Whistle Buoy ‘‘OI’’
to Wanchese, North Carolina via
Chesapeake Bay, the Atlantic
Intracoastal Waterway and Albemarle
Sound is approximately 200 nautical
miles.
Whenever it is determined that a
waterway restriction for Oregon Inlet is
necessary, the Coast Guard will provide
the public with as much advanced
notice as possible of the closure dates
and times. Such notice will be readily
provided via https://homeport.uscg.mil/,
Local Notice to Mariners, Broadcast
Notice to Mariners, and other methods
described in 33 CFR 165.7.
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
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section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
This regulation will restrict access
within the Regulated Navigation Area at
Oregon Inlet and the Herbert C. Bonner
Bridge, the effect of this rule will not be
significant because: (i) The Coast Guard
will make extensive notifications of the
regulated area to the maritime public via
maritime advisories so mariners can
adjust their plans accordingly; and (ii)
vessels impacted by this regulation may
request permission from Commander
Coast Guard Sector North Carolina/
COTP North Carolina to transit the
regulated area on a case by case basis.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities. The regulation
may have an economic impact on
vessels that normally transit Oregon
Inlet. These small entities are primarily
commercial and recreational fishing
vessels. Operation of vessels of certain
characteristics in this RNA will be
prohibited from transiting Oregon Inlet
by the Captain of the Port (COTP) or
designated representative when
shoaling in the vicinity of the Herbert C.
Bonner Bridge creates unsafe condition
for vessels. The potential risk of loss of
life, damage to the bridge, and the
impact on access to Hatteras Island
outweighs the benefits of permitting
navigation in the vicinity or under the
Bonner Bridge.
Although the Oregon Inlet area is
used by many small entities, including
commercial and recreational fishing
businesses, alternate routes are available
to vessels. The Coast Guard will make
extensive notifications of the regulated
navigation area to the maritime public
via maritime advisories so mariners can
adjust their plans accordingly; and in
extreme circumstances, vessels
prohibited from entry may request
permission from Commander Coast
Guard Sector North Carolina/COTP
North Carolina to transit the RNA on a
case by case basis.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
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would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
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75053
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. Protection of Children From
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations
establishment of a Regulated Navigation
Area. This rule is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. Preliminary environmental
analysis checklist supporting this
determination and Categorical
Exclusion Determination are 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 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 § 165.520 to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
§ 165.520 Regulated Navigation Area;
Herbert C. Bonner Bridge, Oregon Inlet, NC.
(a) Regulated area. The following area
is a Regulated Navigation Area (RNA):
All navigable waters of Oregon Inlet,
North Carolina within 100 yards under
or surrounding any portion of the
Herbert C. Bonner Bridge.
(b) Definitions. As used in this
section:
(1) Captain of the Port means the
Captain of the Port (COTP) North
Carolina.
(2) Captain of the Port Representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
North Carolina to act as a designated
representative of the COTP.
(3) Official patrol vessel means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessel(s)
assigned and authorized by COTP North
Carolina.
(c) Regulations. (1) The general
regulations governing Regulated
Navigation Areas found in 33 CFR
165.10, 165.11, and 165.13, including
the Regulated Navigation Area
described in paragraph (a) of this
section and the following regulations,
apply.
(2) Operation of vessels of certain
characteristics in this RNA will be
VerDate Sep<11>2014
15:46 Dec 16, 2014
Jkt 235001
prohibited by the Captain of the Port
(COTP) or designated representative in
order to safeguard people and vessels
from the hazards associated with
shoaling and the Herbert C. Bonner
Bridge from the potential catastrophic
structural damage that could occur from
a vessel bridge strike. The COTP or
designated representative will evaluate
local marine environmental conditions
prior to issuing restrictions regarding
vessel navigation. Factors that will be
considered include, but are not limited
to: Hydrographic survey data, vessel
characteristics such as displacement,
tonnage, length and draft, current
weather conditions including visibility,
wind, sea state, and tidal currents.
(3) The Coast Guard will notify the
public of restrictions via Local Notice to
Mariners, Broadcast Notice to Mariners,
and via other methods described in 33
CFR 165.7. Additionally, Coast Guard
personnel may be on-scene to advise the
public of enforcement of any restrictions
on vessel navigation within the RNA.
(4) In accordance with the general
regulations, entry into, anchoring, or
movement within the RNA, during
periods of enforcement, is prohibited
unless authorized by the Captain of the
Port (COTP) or the COTP’s on-scene
designated representative. The ‘‘onscene designated representative’’ of the
COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on the COTP’s behalf. The onscene representative may be on a Coast
Guard vessel; State agency vessel, or
other designated craft; or may be on
shore and will communicate with
vessels via VHF–FM marine band radio
or loudhailer. Members of the Coast
Guard Auxiliary may be present to assist
COTP representatives with notification
of vessel operators regarding the
contents of this regulation.
(5) Any deviation from paragraph
(c)(4) of this section due to extreme
circumstances must be authorized by
the Coast Guard District Commander,
the Captain of the Port (COTP) or the
COTP’s designated representative.
Vessels granted permission to transit the
RNA must do so in accordance with the
directions provided by the COTP or
COTP representative to that vessel. To
request permission to transit the
regulated navigation area, the COTP or
COTP representative can be contacted at
Coast Guard Sector North Carolina,
telephone number (910) 343–3880, or on
VHF–FM marine band radio channel 13
(165.65MHz) or channel 16 (156.8
MHz). During periods of enforcement,
all persons and vessels given permission
to enter or transit within the RNA must
comply with the instructions of the
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
COTP or designated representative.
Upon being hailed by an official patrol
vessel by siren, radio, flashing-light, or
other means, the operator of a vessel
must proceed as directed.
(d) Enforcement. The Coast Guard
may be assisted in the patrol and
enforcement of the Regulated
Navigation Area by other Federal, State,
and local agencies. The COTP may
impose additional requirements within
the RNA due to unforeseen changes to
shoaling of Oregon Inlet or structural
integrity of the Herbert C. Bonner
Bridge.
(e) Notification. The Coast Guard will
rely on the methods described in 33
CFR 165.7 to notify the public of the
date, time and duration of any closure
of the RNA. Violations of this RNA may
be reported to the COTP at (910) 343–
3880 or on VHF–FM channel 16.
Dated: November 25, 2014.
Stephen P. Metruck,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2014–29589 Filed 12–16–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0040]
RIN 1625–AA87
Revision of Safety/Security Zone
Regulations; 2014 Tampa Bay; Captain
of the Port St. Petersburg Zone, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
consolidating three security zone
regulations into one regulation. In
addition, the Coast Guard is
disestablishing two safety zone
regulations and converting those safety
zones into security zones for all
navigable waterways of Big Bend, Boca
Grande, Crystal River, East Bay,
Hillsborough Bay, MacDill Air Force
Base, Manbirtee Key, Old Port Tampa,
Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, Rattlesnake,
and Weedon Island, FL. The purpose of
these revisions is to ensure the security
of vessels, facilities, and the
surrounding areas within these zones.
Entry into the area encompassed by
these security zones is prohibited
without permission of the Captain of the
Port St. Petersburg or a designated
representative.
SUMMARY:
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75050-75054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29589]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0987]
RIN 1625-AA11
Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon
Inlet, NC
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule; and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) on the navigable waters of
[[Page 75051]]
Oregon Inlet, NC surrounding the Herbert C. Bonner Bridge. This RNA
will allow the Coast Guard to enforce vessel traffic restrictions
within the RNA when necessary to safeguard people and vessels from the
hazards associated with potential catastrophic structural damage that
could occur due to vessel allisions with the bridge.
DATES: This rule is effective without actual notice on December 17,
2014. For the purposes of enforcement, actual notice will be used from
November 25, 2014 until December 17, 2014.
Comments and related material must be received by the Coast Guard
on or before February 17, 2015.
Requests for public meetings must be received by the Coast Guard on
or before January 16, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2014-0987. To view documents mentioned in this preamble as
being available in the docket, go to https://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Derek Burrill, Waterways Management Division Chief,
U.S. Coast Guard Sector North Carolina, telephone (910) 772-2230, email
Derek.J.Burrill@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before January 16, 2015, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is issuing this interim 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. Immediate action is necessary to protect the
maritime public who transit Oregon Inlet and motorists that use the
Herbert C. Bonner bridge. Vessel strikes to the Herbert C. Bonner
Bridge could cause catastrophic damage to the bridge makes immediate
action necessary to minimize the risk of potential loss of life, damage
to the bridge, and the impact on access to Hatteras Island.
Accordingly, waiting for a comment
[[Page 75052]]
period to run is impractical as it would expose the public to a longer
danger period.
The particular facts about the Bonner Bridge and the waterway
require special vessel traffic control measures. A bridge strike by a
vessel could cause catastrophic damage to the bridge, impacting
motorists, mariners, local businesses and residents of Hatteras Island,
NC. The North Carolina Department of Transportation (NC DOT) indicates
that the Bonner Bridge has a very low sufficiency rating. Sufficiency
rating is an overall rating of a bridge's fitness for the duty that it
performs. In addition, recent hydrographic survey data reports indicate
shoaling is present in the vicinity of the navigation span. When such
shoaling is present, the Coast Guard has observed vessels attempting to
transit through alternate spans of the Herbert C. Bonner Bridge.
Transiting through alternate spans is hazardous as they are not
intended for navigation. The un-fendered or unprotected structural
components of the bridge among these spans are more vulnerable to
damage caused by a vessel strike, increasing the risk of consequent
catastrophic damage.
For the same reasons as discussed about, 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.
C. Basis and Purpose
This rulemaking is authorized by 33 U.S.C. 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; and DHS Delegation No. 0170.1.
Under these authorities the Coast Guard may establish an RNA in defined
water areas that are determined to have hazardous conditions and in
which vessel traffic can be regulated in the interest of safety. The
purpose of this RNA is to reduce the risk of a bridge strike resulting
from a vessel transiting through alternative spans of the Herbert C.
Bonner Bridge, which are not intended for navigation. A bridge strike
to un-fendered or unprotected structural elements of the Bonner Bridge
would introduce a clear and present danger to stability of the bridge,
motorists, mariners, and indirect impacts on local businesses and
residents of Hatteras Island, NC.
U.S. Army Corps of Engineers (USACE) hydrographic survey data
provide to the Coast Guard over the past two years indicates shoaling
to depths of less than 3 feet at mean low water within the approaches
to the Bonner Bridge on a frequently occurring basis. When shoaling is
present in the vicinity of the navigation span, vessels attempt to
transit through alternate spans. Transiting through alternate spans is
hazardous. Mariners transiting near and through the unprotected
structural components increase the potential of a bridge strike; these
spans do not have fenders or other mechanisms to protect the bridge
from vessel strikes. Vessels that transit alternate bridge spans risk
safe navigation as there are no advertised vertical and horizontal
clearances in these areas.
The Coast Guard has also considered the North Carolina Department
of Transportation (NC DOT) recent biennial bridge inspection in
accordance with National Bridge Inspection Standards (NBIS) for the
Herbert C. Bonner Bridge. This report takes into account the
substructure and superstructure inspections along with analysis of the
maritime navigational and motor vehicle concerns. The report noted
weakened pile supports as a result of section loss and substructure
erosion to the point of showing exposed rebar. Information provided to
the Coast Guard by NC DOT indicates that the Herbert C. Bonner Bridge
has a very low sufficiency rating. Due to the dynamic nature of Oregon
Inlet waterway, frequent dredging and realignment of the approach
channel east of the bridge have become routine. Passage of hurricanes
and strong low pressure systems, i.e. Nor'easters exacerbate tidal
current and the seasonal fluctuations of the inlet's water depths.
Maintenance of adequate depth and adequate channel alignment is a
temporary measure that typically provides for safe vessel navigation
for a very limited time period for safe vessel navigation. Maintenance
dredging of the Federal Navigation Project is dependent on available
funding, marine weather dredging windows, and channel condition
surveys. Because many of these factors are uncontrollable, dredging
operations are not regularly scheduled maintenance activities.
The Herbert C. Bonner Bridge is the only vehicular access to
Hatteras Island for residents, commercial vendors, and business owners
transiting from Nags Head-Bodie Island to Hatteras Island. The Bonner
Bridge is subject to heavy traffic volume, particularly during the
summer tourist season. Risks to the lives of mariners, vehicle motorist
and passengers, have been considered in the development of this
rulemaking.
D. Discussion of the Interim Rule
To address the aforementioned hazards, this rule will establish
restrictions for the Oregon Inlet waterway by prohibiting vessels with
certain characteristics from transiting under or within 100 yards
either side of the Herbert C. Bonner Bridge. The Coast Guard invites
comments and will consider comments in development of a final
regulation. This RNA will be effective with actual notice for purposes
of enforcement on November 25, 2014. The restrictions for navigation
will be enforceable 24 hours a day as long as this RNA is in effect.
The Coast Guard will enforce the restriction, however, only when
necessary to protect people and vessels from hazards. As indicated
above, the Coast Guard expects to restrict marine traffic if there is
shoaling that impacts safe vessel transit through the navigation span,
or there is damage to the bridge that presents a hazard to people and
vessels.
There are alternate routes for vessels bound for Oregon Inlet,
North Carolina and inland waterfront communities, including Wanchese,
NC. Those alternate routes include transiting through Beaufort Inlet or
Chesapeake Bay and the Atlantic Intracoastal Waterway and Sounds of
North Carolina. The distance from Oregon Inlet Lighted Whistle Buoy
``OI'' to Wanchese, North Carolina via Beaufort Inlet, the Atlantic
Intracoastal Waterway and Pamlico Sound is approximately 190 nautical
miles. The distance from Oregon Inlet Lighted Whistle Buoy ``OI'' to
Wanchese, North Carolina via Chesapeake Bay, the Atlantic Intracoastal
Waterway and Albemarle Sound is approximately 200 nautical miles.
Whenever it is determined that a waterway restriction for Oregon
Inlet is necessary, the Coast Guard will provide the public with as
much advanced notice as possible of the closure dates and times. Such
notice will be readily provided via https://homeport.uscg.mil/, Local
Notice to Mariners, Broadcast Notice to Mariners, and other methods
described in 33 CFR 165.7.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under
[[Page 75053]]
section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
This regulation will restrict access within the Regulated
Navigation Area at Oregon Inlet and the Herbert C. Bonner Bridge, the
effect of this rule will not be significant because: (i) The Coast
Guard will make extensive notifications of the regulated area to the
maritime public via maritime advisories so mariners can adjust their
plans accordingly; and (ii) vessels impacted by this regulation may
request permission from Commander Coast Guard Sector North Carolina/
COTP North Carolina to transit the regulated area on a case by case
basis.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
The regulation may have an economic impact on vessels that normally
transit Oregon Inlet. These small entities are primarily commercial and
recreational fishing vessels. Operation of vessels of certain
characteristics in this RNA will be prohibited from transiting Oregon
Inlet by the Captain of the Port (COTP) or designated representative
when shoaling in the vicinity of the Herbert C. Bonner Bridge creates
unsafe condition for vessels. The potential risk of loss of life,
damage to the bridge, and the impact on access to Hatteras Island
outweighs the benefits of permitting navigation in the vicinity or
under the Bonner Bridge.
Although the Oregon Inlet area is used by many small entities,
including commercial and recreational fishing businesses, alternate
routes are available to vessels. The Coast Guard will make extensive
notifications of the regulated navigation area to the maritime public
via maritime advisories so mariners can adjust their plans accordingly;
and in extreme circumstances, vessels prohibited from entry may request
permission from Commander Coast Guard Sector North Carolina/COTP North
Carolina to transit the RNA on a case by case basis.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves
[[Page 75054]]
establishment of a Regulated Navigation Area. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. Preliminary environmental
analysis checklist supporting this determination and Categorical
Exclusion Determination are 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 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 Sec. 165.520 to read as follows:
Sec. 165.520 Regulated Navigation Area; Herbert C. Bonner Bridge,
Oregon Inlet, NC.
(a) Regulated area. The following area is a Regulated Navigation
Area (RNA): All navigable waters of Oregon Inlet, North Carolina within
100 yards under or surrounding any portion of the Herbert C. Bonner
Bridge.
(b) Definitions. As used in this section:
(1) Captain of the Port means the Captain of the Port (COTP) North
Carolina.
(2) Captain of the Port Representative means any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port North Carolina to act as a designated
representative of the COTP.
(3) Official patrol vessel means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessel(s) assigned and
authorized by COTP North Carolina.
(c) Regulations. (1) The general regulations governing Regulated
Navigation Areas found in 33 CFR 165.10, 165.11, and 165.13, including
the Regulated Navigation Area described in paragraph (a) of this
section and the following regulations, apply.
(2) Operation of vessels of certain characteristics in this RNA
will be prohibited by the Captain of the Port (COTP) or designated
representative in order to safeguard people and vessels from the
hazards associated with shoaling and the Herbert C. Bonner Bridge from
the potential catastrophic structural damage that could occur from a
vessel bridge strike. The COTP or designated representative will
evaluate local marine environmental conditions prior to issuing
restrictions regarding vessel navigation. Factors that will be
considered include, but are not limited to: Hydrographic survey data,
vessel characteristics such as displacement, tonnage, length and draft,
current weather conditions including visibility, wind, sea state, and
tidal currents.
(3) The Coast Guard will notify the public of restrictions via
Local Notice to Mariners, Broadcast Notice to Mariners, and via other
methods described in 33 CFR 165.7. Additionally, Coast Guard personnel
may be on-scene to advise the public of enforcement of any restrictions
on vessel navigation within the RNA.
(4) In accordance with the general regulations, entry into,
anchoring, or movement within the RNA, during periods of enforcement,
is prohibited unless authorized by the Captain of the Port (COTP) or
the COTP's on-scene designated representative. The ``on-scene
designated representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on the COTP's behalf. The on-scene representative may be on
a Coast Guard vessel; State agency vessel, or other designated craft;
or may be on shore and will communicate with vessels via VHF-FM marine
band radio or loudhailer. Members of the Coast Guard Auxiliary may be
present to assist COTP representatives with notification of vessel
operators regarding the contents of this regulation.
(5) Any deviation from paragraph (c)(4) of this section due to
extreme circumstances must be authorized by the Coast Guard District
Commander, the Captain of the Port (COTP) or the COTP's designated
representative. Vessels granted permission to transit the RNA must do
so in accordance with the directions provided by the COTP or COTP
representative to that vessel. To request permission to transit the
regulated navigation area, the COTP or COTP representative can be
contacted at Coast Guard Sector North Carolina, telephone number (910)
343-3880, or on VHF-FM marine band radio channel 13 (165.65MHz) or
channel 16 (156.8 MHz). During periods of enforcement, all persons and
vessels given permission to enter or transit within the RNA must comply
with the instructions of the COTP or designated representative. Upon
being hailed by an official patrol vessel by siren, radio, flashing-
light, or other means, the operator of a vessel must proceed as
directed.
(d) Enforcement. The Coast Guard may be assisted in the patrol and
enforcement of the Regulated Navigation Area by other Federal, State,
and local agencies. The COTP may impose additional requirements within
the RNA due to unforeseen changes to shoaling of Oregon Inlet or
structural integrity of the Herbert C. Bonner Bridge.
(e) Notification. The Coast Guard will rely on the methods
described in 33 CFR 165.7 to notify the public of the date, time and
duration of any closure of the RNA. Violations of this RNA may be
reported to the COTP at (910) 343-3880 or on VHF-FM channel 16.
Dated: November 25, 2014.
Stephen P. Metruck,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-29589 Filed 12-16-14; 8:45 am]
BILLING CODE 9110-04-P
