Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, NC, 67638-67642 [2015-28006]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES 67638 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations which is not designated by the sponsor as a support vessel. Support vessel means a vessel, including jet skis, which is designated and conspicuously marked by the sponsor to provide direct support to the competitors. Support vessels must be pre-designated and approved to serve as such for this event by the Officer in Charge of Marine Inspection (OCMI) prior to the competition. Zone 1 means the competition area within the regulated area. Zone 1 will generally be located to the northwest of a line drawn between Sail Rock (37°29′34″ N., 122°30′02″ W.) and Pillar Point Entrance Lighted Gong Buoy 1 (37°29′10.410″ N., 122°30′21.904″ W.). Zone 2 means the area within the regulated area where the Coast Guard may direct the movement of all vessels, including restricting vessels from this area. Zone 2 will generally be located to the southeast of a line drawn between Sail Rock (37°29′34″ N., 122°30′02″ W.) and Pillar Point Entrance Lighted Gong Buoy 1 (37°29′10.410″ N., 122°30′21.904″ W.). (d) Special local regulations. The following regulations apply between 6 a.m. and 6 p.m. on the competition day. (1) Only support vessels may be authorized by the Patrol Commander (PATCOM) to enter Zone 1 during the competition. (2) Entering the water in Zone 1 by any person other than the competitors is prohibited. Competitors may enter the water in Zone 1 from authorized support vessels only. (3) Spectator vessels and support vessels within Zone 2 must maneuver as directed by PATCOM. Given the changing nature of the surf in the vicinity of the competition, PATCOM may close Zone 2 to all vessels due to hazardous conditions. Due to weather and sea conditions, the Captain of the Port may deny access to Zone 2 and the remainder of the regulated area to all vessels other than competitors and support vessels on the day of the event (4) Entering the water in Zone 2 by any person is prohibited. (5) Rafting and anchoring of vessels are prohibited within the regulated area. (6) Only vessels authorized by the PATCOM will be permitted to tow other watercraft within the regulated area. (7) Spectator and support vessels in Zones 1 and 2 must operate at speeds which will create minimum wake, in general, 7 miles per hour or less. (8) When hailed or signaled by the PATCOM by a succession of sharp, short signals by whistle or horn, the hailed vessel must come to an immediate stop and comply with the lawful directions issued. Failure to VerDate Sep<11>2014 18:03 Nov 02, 2015 Jkt 238001 comply with a lawful direction may result in additional operating restrictions, citation for failure to comply, or both. (9) During the events, vessel operators may contact the PATCOM on VHF–FM channel 13. Dated: October 15, 2015. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2015–27998 Filed 11–2–15; 8:45 am] BILLING CODE 9110–04–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. Final rule. AGENCY: ACTION: The Coast Guard is establishing a Regulated Navigation Area (RNA) on the navigable waters of 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 on December 3, 2015. ADDRESSES: Comments received from the public, as well as 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Derek Burrill, Waterways Management Division Chief, U.S. Coast SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Guard Sector North Carolina, telephone (910) 772–2230, email Derek.J.Burrill@ uscg.mil. SUPPLEMENTARY INFORMATION: Table of Acronyms COTP Captain of the Port DHS Department of Homeland Security FR Federal Register RNA Regulated Navigation Area A. Regulatory Information On December 17, 2014, we published an interim final rule and request for comments entitled ‘‘Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, North Carolina’’ in the Federal Register (79 FR 75050). We received five comments coming from two submitters on the Interim Final Rule. No public meeting was requested, and none was held. B. Background 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 a 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. In addition, this RNA will serve to ensure vessels transiting the area are restricted to those that may do so safely, and will not impose unnecessary risk of harm to themselves or other maritime traffic. 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. A grounded vessel in this heavily trafficked waterway would also greatly increase the risk of a bridge strike by another vessel. 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 pose a risk to safe navigation as there are no advertised E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations vertical and horizontal clearances for these areas. The Coast Guard has also considered the 2006 North Carolina Department of Transportation (NC DOT) 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. Publically available information provided by NC DOT indicates that the Herbert C. Bonner Bridge has a very low sufficiency rating. 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. mstockstill on DSK4VPTVN1PROD with RULES C. Discussion of Comments and Changes The Coast Guard received a total of five comments coming from two submitters on the Interim Final Rule. No public meeting was requested, and none was held. Economic Effects: Limiting Passage of Certain Vessels Pursuant to Enforcing the RNA Two comments were received about the possible economic effects of the interim rule on small entities and local economies. Specifically, the comments expressed concern that the RNA if utilized would have significant negative impact on commercial and recreational mariners and the regional economy because alternate routes around Oregon Inlet are distant. As noted in the Interim Final Rule, 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’’ VerDate Sep<11>2014 16:38 Nov 02, 2015 Jkt 238001 to Wanchese, North Carolina via Chesapeake Bay, the Atlantic Intracoastal Waterway and Albemarle Sound is approximately 200 nautical miles. No change to the rule were made based on these comments because alternate access routes exist and should significant hazardous conditions be evident 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. Additionally, the Coast Guard has and will continue to use all available resources to safely and efficiently monitor the conditions of the designated waters of this RNA to minimize impacts to the waterway users. Should the need arise for the Coast Guard to restrict vessel traffic in the RNA based on shoaling, hazardous conditions or severe weather conditions, these restrictions would be imposed for certain vessels who, in the discretion of the COTP, pose a safety risk to the bridge structure. Given this limited scope of restriction, any negative economic impact would be minimal and strongly outweighed by the associated safety concerns. RNA Vessel Designation and Characteristics: Designation of Vessels Allowed To Transit Through the RNA One comment was received that the rule does not provide sufficient notice regarding what types of vessels will be allowed to transit through the RNA when enforced. The comment acknowledged the Coast Guard authority to designate vessel characteristics of vessels which may navigate within the RNA but suggested that the RNA allow all vessels under 65 feet in length, with a draft of less than 6 feet and a tonnage under 50 tons to continue navigating in the vicinity of the RNA when being enforced. The Coast Guard wants to impose the appropriate restrictions based on the conditions in the inlet. The Oregon Inlet waterway is constantly changing: Hurricanes and strong low pressure systems (e.g. Nor’easters) exacerbate tidal current and the seasonal fluctuations of the inlet’s water depths. Also, frequent dredging and realignment of the approach channel east of the bridge has become routine. Publically available U.S. Army Corps of Engineers (USACE) hydrographic survey data over the past two years indicates shoaling to depths of less than 3 feet at mean low water within the approaches to the Herbert C. Bonner Bridge on a frequently occurring basis. Because many of these factors are uncontrollable, PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 67639 having the ability to impose variable restrictions dependent on conditions allows the Coast Guard to tailor the restrictions to vessels which pose the most significant risk and threat to the bridge while minimizing impacts on the commercial and recreational waterway users. A change to the notification aspect of the rule was made based on this comment. As noted in the NPRM 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. Also, Coast Guard personnel may be on-scene to advise the public of enforcement of any restrictions on vessel navigation within the RNA. In 33 CFR 165.520(c)(3), a provision was added so that the Coast Guard will also notify the maritime community of any imposed RNA restrictions or impacts to navigation through the U.S. Coast Guard HOMEPORT Web site and Marine Safety Information Bulletins. Additionally, the Coast Guard will notify recognized commissions and/or committees appointed by the Dare County, North Carolina elected officials who represent commercial and recreational mariner interests in Oregon Inlet, North Carolina, when practicable, prior to imposing restrictions pursuant to enforcement of the RNA. The rule also allows the COTP or his/her designated representative to permit vessel access on a case-by-case basis should heavy vessel traffic be present. Rule Making Process: Interim Final Rule Verse Notice of Proposed Rulemaking One comment was received that stated the Coast Guard should not have issued an Interim Final Rule as broad and restrictive as the Herbert C. Bonner Bridge RNA without first undertaking notice and comment procedures. The commenter felt that other Coast Guard RNA’s were established using a notice and comment period and recommended replacing the Interim Final Rule with a temporary rule establishing a limited duration RNA and form a working group to determine what type of vessels and under what circumstances these vessels may navigate in Oregon Inlet. No changes to the rule were based on these comments. The Coast Guard issued this interim final rule without prior notice and opportunity to comment before being enforceable 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 E:\FR\FM\03NOR1.SGM 03NOR1 67640 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES ‘‘impracticable, unnecessary, or contrary to the public interest.’’ The Coast Guard maintains that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is necessary to protect the maritime public who transit Oregon Inlet and motorist that use the Herbert C. Bonner Bridge. The potential dangers posed by vessel strikes to the Herbert C. Bonner Bridge resulting in catastrophic damage 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. The shoaling in this area continues to worsen and the structural integrity of the bridge continues to deteriorate, which combine to create an unacceptable risk to the public that justified the issuance of an interim final rule. Accordingly, waiting for a comment period to run would be contrary to the public interest of protecting life, property and a vital motorist transit. Additionally, the Interim Final Rule was issued with a 30 day request for comments to solicit and consider information in issuing a Final Rule from those entities that may be impacted by this rule. Notification Process: Publicizing Enforcement of the RNA One comment was received stating notification of the RNA requirements when enforced is critical due to the amount vessel traffic which utilizes the inlet, especially in the summer months. One change to the rule was made based on this comment. As noted in the NPRM 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. Also, Coast Guard personnel may be on-scene to advise the public of enforcement of any restrictions on vessel navigation within the RNA. In 33 CFR 165.520(c)(3), a provision was added so that the Coast Guard will also notify the maritime community of any imposed RNA restrictions or impacts to navigation through the U.S. Coast Guard HOMEPORT Web site and Marine Safety Information Bulletins. Additionally, the Coast Guard will notify recognized commissions and/or committees appointed by the Dare County, North Carolina elected officials who represent commercial and recreational mariner interests in Oregon Inlet, North Carolina, when practicable, prior to imposing restrictions pursuant to enforcement of the RNA. The rule also allows the COTP or his/her designated representative to permit VerDate Sep<11>2014 18:03 Nov 02, 2015 Jkt 238001 vessel access on a case-by-case basis should heavy vessel traffic be present. D. 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 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; (ii) these restrictions will only be imposed based on the extent of shoaling, hazardous conditions and severe weather in the area, and will only be imposed on vessels that exceed certain size restrictions; and (iii) 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. Moreover the restrictions imposed will be based on the extent of shoaling, hazardous conditions and severe weather in the area, and limited only to vessels that exceed certain size restrictions. 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 E:\FR\FM\03NOR1.SGM 03NOR1 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 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. 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 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 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. Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures and Waterways. For the reasons discussed in the preamble, the interim rule amending 33 CFR part 165 published at 79 FR 75050 on December 17.2014 is adopted as a final rule, with changes, as follows: mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:38 Nov 02, 2015 Jkt 238001 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. Revise § 165.520 to read as follows: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 67641 § 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) Hazardous Condition means any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbor, or navigable waterway of the United States, as defined in 33 CFR 160.204. (4) 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, electronic mail, U.S. Coast Guard HOMEPORT Web site, Marine Safety Information Bulletins and via other methods described in 33 CFR 165.7. Additionally, the Coast Guard will notify recognized commissions and/or committees appointed by the Dare E:\FR\FM\03NOR1.SGM 03NOR1 mstockstill on DSK4VPTVN1PROD with RULES 67642 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations County, North Carolina elected officials who represent commercial and recreational mariner interests in Oregon Inlet, North Carolina, when practicable, prior to imposing restrictions pursuant to enforcement of the RNA. 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 (165.65 MHz) 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 VerDate Sep<11>2014 16:38 Nov 02, 2015 Jkt 238001 CFR 165.7 and paragraph (c)(3) of this section 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: October 9, 2015. Stephen P. Metruck, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2015–28006 Filed 11–2–15; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2015–0546; A–1–FRL– 9933–89–Region 1] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Volatile Organic Compound Emissions From Large Aboveground Storage Tanks Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The revision amends Regulations of Connecticut State Agencies (RCSA) section 22a–174–20 to update the requirements for controlling volatile organic compound (VOC) emissions from large aboveground storage tanks. The intended effect of this action is to approve these regulations into the Connecticut SIP. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This direct final rule will be effective January 4, 2016, unless EPA receives adverse comments by December 3, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments identified by Docket ID Number EPA– R01–OAR–2015–0546, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: mackintosh.david@epa.gov. 3. Fax: (617) 918–0584. 4. Mail: ‘‘Docket Identification Number EPA–R01–OAR–2015–0546,’’ David Mackintosh, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109– 3912. 5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109–3912. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID Number EPA–R01–OAR– 2015–0546. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy E:\FR\FM\03NOR1.SGM 03NOR1

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[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67638-67642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28006]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
(RNA) on the navigable waters of 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 on December 3, 2015.

ADDRESSES: Comments received from the public, as well as 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.

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.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area

A. Regulatory Information

    On December 17, 2014, we published an interim final rule and 
request for comments entitled ``Regulated Navigation Area; Herbert C. 
Bonner Bridge, Oregon Inlet, North Carolina'' in the Federal Register 
(79 FR 75050). We received five comments coming from two submitters on 
the Interim Final Rule. No public meeting was requested, and none was 
held.

B. Background 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 a 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. In addition, this 
RNA will serve to ensure vessels transiting the area are restricted to 
those that may do so safely, and will not impose unnecessary risk of 
harm to themselves or other maritime traffic. 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. A grounded vessel in this heavily 
trafficked waterway would also greatly increase the risk of a bridge 
strike by another vessel.
    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 pose a risk to safe navigation as there are no advertised

[[Page 67639]]

vertical and horizontal clearances for these areas.
    The Coast Guard has also considered the 2006 North Carolina 
Department of Transportation (NC DOT) 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. Publically available 
information provided by NC DOT indicates that the Herbert C. Bonner 
Bridge has a very low sufficiency rating. 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.

C. Discussion of Comments and Changes

    The Coast Guard received a total of five comments coming from two 
submitters on the Interim Final Rule. No public meeting was requested, 
and none was held.

Economic Effects: Limiting Passage of Certain Vessels Pursuant to 
Enforcing the RNA

    Two comments were received about the possible economic effects of 
the interim rule on small entities and local economies. Specifically, 
the comments expressed concern that the RNA if utilized would have 
significant negative impact on commercial and recreational mariners and 
the regional economy because alternate routes around Oregon Inlet are 
distant.
    As noted in the Interim Final Rule, 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.
    No change to the rule were made based on these comments because 
alternate access routes exist and should significant hazardous 
conditions be evident 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. Additionally, the Coast Guard has and will continue to use all 
available resources to safely and efficiently monitor the conditions of 
the designated waters of this RNA to minimize impacts to the waterway 
users. Should the need arise for the Coast Guard to restrict vessel 
traffic in the RNA based on shoaling, hazardous conditions or severe 
weather conditions, these restrictions would be imposed for certain 
vessels who, in the discretion of the COTP, pose a safety risk to the 
bridge structure. Given this limited scope of restriction, any negative 
economic impact would be minimal and strongly outweighed by the 
associated safety concerns.

RNA Vessel Designation and Characteristics: Designation of Vessels 
Allowed To Transit Through the RNA

    One comment was received that the rule does not provide sufficient 
notice regarding what types of vessels will be allowed to transit 
through the RNA when enforced. The comment acknowledged the Coast Guard 
authority to designate vessel characteristics of vessels which may 
navigate within the RNA but suggested that the RNA allow all vessels 
under 65 feet in length, with a draft of less than 6 feet and a tonnage 
under 50 tons to continue navigating in the vicinity of the RNA when 
being enforced.
    The Coast Guard wants to impose the appropriate restrictions based 
on the conditions in the inlet. The Oregon Inlet waterway is constantly 
changing: Hurricanes and strong low pressure systems (e.g. Nor'easters) 
exacerbate tidal current and the seasonal fluctuations of the inlet's 
water depths. Also, frequent dredging and realignment of the approach 
channel east of the bridge has become routine. Publically available 
U.S. Army Corps of Engineers (USACE) hydrographic survey data over the 
past two years indicates shoaling to depths of less than 3 feet at mean 
low water within the approaches to the Herbert C. Bonner Bridge on a 
frequently occurring basis. Because many of these factors are 
uncontrollable, having the ability to impose variable restrictions 
dependent on conditions allows the Coast Guard to tailor the 
restrictions to vessels which pose the most significant risk and threat 
to the bridge while minimizing impacts on the commercial and 
recreational waterway users.
    A change to the notification aspect of the rule was made based on 
this comment. As noted in the NPRM 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. Also, 
Coast Guard personnel may be on-scene to advise the public of 
enforcement of any restrictions on vessel navigation within the RNA. In 
33 CFR 165.520(c)(3), a provision was added so that the Coast Guard 
will also notify the maritime community of any imposed RNA restrictions 
or impacts to navigation through the U.S. Coast Guard HOMEPORT Web site 
and Marine Safety Information Bulletins. Additionally, the Coast Guard 
will notify recognized commissions and/or committees appointed by the 
Dare County, North Carolina elected officials who represent commercial 
and recreational mariner interests in Oregon Inlet, North Carolina, 
when practicable, prior to imposing restrictions pursuant to 
enforcement of the RNA. The rule also allows the COTP or his/her 
designated representative to permit vessel access on a case-by-case 
basis should heavy vessel traffic be present.

Rule Making Process: Interim Final Rule Verse Notice of Proposed 
Rulemaking

    One comment was received that stated the Coast Guard should not 
have issued an Interim Final Rule as broad and restrictive as the 
Herbert C. Bonner Bridge RNA without first undertaking notice and 
comment procedures. The commenter felt that other Coast Guard RNA's 
were established using a notice and comment period and recommended 
replacing the Interim Final Rule with a temporary rule establishing a 
limited duration RNA and form a working group to determine what type of 
vessels and under what circumstances these vessels may navigate in 
Oregon Inlet.
    No changes to the rule were based on these comments. The Coast 
Guard issued this interim final rule without prior notice and 
opportunity to comment before being enforceable 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

[[Page 67640]]

``impracticable, unnecessary, or contrary to the public interest.'' The 
Coast Guard maintains that good cause exists for not publishing a 
notice of proposed rulemaking (NPRM) with respect to this rule because 
immediate action is necessary to protect the maritime public who 
transit Oregon Inlet and motorist that use the Herbert C. Bonner 
Bridge. The potential dangers posed by vessel strikes to the Herbert C. 
Bonner Bridge resulting in catastrophic damage 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. The shoaling in 
this area continues to worsen and the structural integrity of the 
bridge continues to deteriorate, which combine to create an 
unacceptable risk to the public that justified the issuance of an 
interim final rule. Accordingly, waiting for a comment period to run 
would be contrary to the public interest of protecting life, property 
and a vital motorist transit.
    Additionally, the Interim Final Rule was issued with a 30 day 
request for comments to solicit and consider information in issuing a 
Final Rule from those entities that may be impacted by this rule.

Notification Process: Publicizing Enforcement of the RNA

    One comment was received stating notification of the RNA 
requirements when enforced is critical due to the amount vessel traffic 
which utilizes the inlet, especially in the summer months.
    One change to the rule was made based on this comment.
    As noted in the NPRM 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. Also, Coast Guard 
personnel may be on-scene to advise the public of enforcement of any 
restrictions on vessel navigation within the RNA. In 33 CFR 
165.520(c)(3), a provision was added so that the Coast Guard will also 
notify the maritime community of any imposed RNA restrictions or 
impacts to navigation through the U.S. Coast Guard HOMEPORT Web site 
and Marine Safety Information Bulletins. Additionally, the Coast Guard 
will notify recognized commissions and/or committees appointed by the 
Dare County, North Carolina elected officials who represent commercial 
and recreational mariner interests in Oregon Inlet, North Carolina, 
when practicable, prior to imposing restrictions pursuant to 
enforcement of the RNA. The rule also allows the COTP or his/her 
designated representative to permit vessel access on a case-by-case 
basis should heavy vessel traffic be present.

D. 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 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; (ii) these restrictions will only be imposed based 
on the extent of shoaling, hazardous conditions and severe weather in 
the area, and will only be imposed on vessels that exceed certain size 
restrictions; and (iii) 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. Moreover the 
restrictions imposed will be based on the extent of shoaling, hazardous 
conditions and severe weather in the area, and limited only to vessels 
that exceed certain size restrictions.

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

[[Page 67641]]

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 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 interim rule 
amending 33 CFR part 165 published at 79 FR 75050 on December 17.2014 
is adopted as a final rule, with changes, 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. Revise 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) Hazardous Condition means any condition that may adversely 
affect the safety of any vessel, bridge, structure, or shore area or 
the environmental quality of any port, harbor, or navigable waterway of 
the United States, as defined in 33 CFR 160.204.
    (4) 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, electronic 
mail, U.S. Coast Guard HOMEPORT Web site, Marine Safety Information 
Bulletins and via other methods described in 33 CFR 165.7. 
Additionally, the Coast Guard will notify recognized commissions and/or 
committees appointed by the Dare

[[Page 67642]]

County, North Carolina elected officials who represent commercial and 
recreational mariner interests in Oregon Inlet, North Carolina, when 
practicable, prior to imposing restrictions pursuant to enforcement of 
the RNA. 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 (165.65 MHz) 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 and paragraph (c)(3) of this section 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: October 9, 2015.
Stephen P. Metruck,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2015-28006 Filed 11-2-15; 8:45 am]
 BILLING CODE 9110-04-P