Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, NC, 75050-75054 [2014-29589]

Download as PDF 75050 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 tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 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 (http:// 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: PO 00000 PART 154—RATE SCHEDULES AND TARIFFS Sfmt 4700 The Coast Guard is establishing a Regulated Navigation Area (RNA) on the navigable waters of SUMMARY: E:\FR\FM\17DER1.SGM 17DER1 tkelley on DSK3SPTVN1PROD with RULES 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 http:// 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: http://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 VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 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 http:// 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 http:// 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 http://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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 75051 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://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 E:\FR\FM\17DER1.SGM 17DER1 75052 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 http://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 E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 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. tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 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, PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17DER1.SGM 17DER1 75054 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]


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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.

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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 http://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: http://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 http://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 
http://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 http://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 http://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 http://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