Safety Zone; Isabel Holmes Bridge, Wilmington, NC, 68343-68346 [2019-27063]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Rules and Regulations
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on 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. The Coast
Guard has analyzed this rule under
Executive Order 13132 and has
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132.
F. 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. Although this rule
will not result in such expenditure, the
Coast Guard does discuss the effects of
this rule elsewhere in this preamble.
G. 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).
H. 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.
lotter on DSKBCFDHB2PROD with RULES
I. Protection of Children
The Coast Guard has 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 would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it would 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.
VerDate Sep<11>2014
16:34 Dec 13, 2019
Jkt 250001
K. Energy Effects
The Coast Guard has analyzed this
rule under Executive Order 13211
(Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). It is not a
‘‘significant energy action’’ under that
order because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This rule does not use technical
standards. Therefore, the Coast Guard
did not consider the use of voluntary
consensus standards.
List of Subjects in 33 CFR Part 52
Administrative practice and
procedure, Archives and records,
Military personnel.
For the reason stated in the preamble,
the Coast Guard amends 33 CFR part 52
as follows:
PART 52—BOARD FOR CORRECTION
OF MILITARY RECORDS OF THE
COAST GUARD
1. Revise the authority citation for part
52 to read as follows:
■
Authority: 10 U.S.C. 1552; 14 U.S.C. 501,
633; Department of Homeland Security
Delegations No. 0160.1(II)(B)(1),
0170.1(II)(23).
§ 52.21
[Amended]
2. In § 52.21(a), remove the text,
‘‘Mailstop 485, 245 Murray Lane,
Washington, DC 20528’’ and add, in its
place, the text ‘‘2707 Martin Luther King
Jr. Avenue SE, Stop 0485, Washington,
DC 20528–0485’’.
■
Dated: December 10, 2019.
M.W. Mumbach,
Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2019–26996 Filed 12–13–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
M. Environment
Coast Guard
The Coast Guard has analyzed this
rule under Department of Homeland
Security Instruction Manual 023–01–
001–01, Rev. 1, and U.S. Coast Guard
Environmental Planning Policy
(COMDTINST 5090.1), which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and
concluded that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. A final Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
in the ADDRESSES section of this
preamble. This final rule involves a
non-substantive technical amendment
that updates a mailing address in
existing Coast Guard regulations.
Therefore, this rule is categorically
excluded under paragraphs A3 and L54
in Appendix A, Table 1, of DHS
Instruction Manual 023–01–001–01,
Rev. 1. Paragraphs A3 and L54 pertain
to regulations which are editorial or
procedural.
33 CFR Part 165
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
68343
[Docket Number USCG–2019–0904]
RIN 1625–AA00
Safety Zone; Isabel Holmes Bridge,
Wilmington, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two temporary safety zones
on the navigable waters of the Cape Fear
River at the Isabel Holmes Bridge in
Wilmington, North Carolina. These
temporary safety zones are intended to
restrict vessel traffic on the Cape Fear
River from December 15, 2019, through
February 15, 2020, while work crews
repair the bridge and replace power
cables crossing under the river. This
rule prohibits vessels or persons from
being in the safety zones unless
specifically authorized by the Captain of
the Port (COTP) North Carolina or a
designated representative.
DATES: This rule is effective without
actual notice from December 16, 2019
through February 15, 2020. For the
SUMMARY:
E:\FR\FM\16DER1.SGM
16DER1
68344
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Rules and Regulations
purposes of enforcement, actual notice
will be used from December 15, 2019,
through December 16, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0904 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Matthew Tyson,
Waterways Management Division, U.S.
Coast Guard Sector North Carolina,
Wilmington, NC; telephone: (910) 772–
2221, email: Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
lotter on DSKBCFDHB2PROD with RULES
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NCDOT North Carolina Department of
Transportation
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
North Carolina Department of
Transportation (NCDOT) did not notify
the Coast Guard of the details of the
bridge maintenance project until
November 28, 2019. Immediate action is
needed to protect persons and vessels
from the hazards associated with this
project. It is impracticable and contrary
to the public interest to publish an
NPRM because a final rule needs to be
in place by December 15, 2019, to
protect against hazards to the work crew
and the public during the project.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to public interest because
VerDate Sep<11>2014
16:34 Dec 13, 2019
Jkt 250001
immediate action is needed to protect
persons and vessels from the hazards
associated with this bridge maintenance
project, which begins on December 15,
2019.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously, 33 U.S.C. 1231). The COTP
North Carolina has determined that
potential hazards associated with the
bridge maintenance project, scheduled
from December 15, 2019, through
February 15, 2020, is a safety concern
for workers and mariners on the Cape
Fear River at the Isabel Holmes Bridge
in Wilmington, North Carolina. This
rule is necessary to protect safety of life
from the potential hazards associated
with the project.
IV. Discussion of the Rule
This rule establishes two safety zones
on a portion of the Cape Fear River from
December 15, 2019, through February
15, 2020, to be enforced while NCDOT
conducts a bridge maintenance project.
The project will be in two parts: The
repair of the Isabel Holmes Bridge, and
replacement of the power cables
crossing under the river. The bridge
repair portion will impact, but not close,
the navigable channel. The cable
replacement portion will require the
navigable channel to be closed. NCDOT
will begin staging equipment around the
bridge on December 15, 2019.
The first of the two safety zones will
extend 100 feet from equipment while it
is within the navigable channel during
the entire maintenance period. The
normal horizontal clearance of the
channel beneath the bridge is 200 feet.
As a result, smaller vessels will be able
to transit under the bridge during this
work phase. Maintenance equipment
will be able to be relocated outside of
the navigable channel for larger vessels
during this stage of the project if at least
a 48-hour notice is given. This advance
notice shall be given to the bridge
tender at (910) 251–5774 or via VHF–
FM marine channel 13 (165.65 MHz).
The second safety zone will be
enforced, within 300 feet of the bridge,
located at approximate position,
34°15′06″ N, 077°57′03″ W (NAD 1983)
during the cable replacement portion of
the project. This cable replacement may
last from 6 a.m. to 6 p.m. on four
separate days, finishing on February 15,
2020. The public will be notified at least
48 hours in advance of each complete
closure via broadcast notice to mariners.
The duration of these zones is
intended to protect persons, vessels, and
the marine environment on the
navigable waters of the Cape Fear River
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
during the bridge maintenance project.
No vessel or person will be permitted to
enter either safety zone unless
specifically authorized by the Captain of
the Port North Carolina or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zones. The ability
of vessels to enter or transit a portion of
the Cape Fear River near the Isabel
Holmes Bridge will be impacted while
two safety zones are in place during a
bridge maintenance project lasting two
months, from December 25, 2019,
through February 15, 2020. The project
will be in two parts: The repair of the
Isabel Holmes Bridge, and replacement
of the power cables crossing under the
river. The bridge repair portion will
impact, but not close, the navigable
channel. Smaller vessels will be able to
transit under the bridge during the
repair work. Larger vessels will be
allowed to transit the channel during
the repair work provided that they
provide a 48-hour notice requesting that
equipment be relocated from the
channel. The Coast Guard will issue a
Local Notice to Mariners and transmit a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 regarding the
safety zone. The cable replacement
portion will require the navigable
channel to be closed. Specific
enforcement dates and times for
complete channel closures will be
broadcast at least 48 hours in advance.
However, this portion of the Cape Fear
River is a low traffic area during this
time of the year.
E:\FR\FM\16DER1.SGM
16DER1
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Rules and Regulations
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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.
C. 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).
lotter on DSKBCFDHB2PROD with RULES
D. Federalism and Indian Tribal
Governments
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
VerDate Sep<11>2014
16:34 Dec 13, 2019
Jkt 250001
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 two
safety zones lasting two months. The
first will prohibit entry within 100 feet
of work equipment at the Isabel Holmes
Bridge on the Cape Fear River, and the
second lasting 12 hours on four separate
days that will prohibit entry within 300
feet of the bridge while new power
cables are placed under the navigable
channel. The rule is categorically
excluded from further review under
paragraph L60a of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
68345
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0904 to read as
follows:
■
§ 165.T05–0904 Safety Zone; Isabel
Holmes Bridge, Wilmington, NC.
(a) Location. The following areas are
safety zones:
(1) Safety Zone 1. All navigable
waters of the Cape Fear River within
100 feet of work equipment at the Isabel
Holmes Bridge in Wilmington, NC;
(2) Safety Zone 2. All navigable
waters of the Cape Fear River within a
300 foot radius of the Isabel Holmes
Bridge in Wilmington, NC, centered at
approximate position 34°15′06″ N,
077°57′03″ W (NAD 1983).
(b) Definitions. As used in this
section—
Captain of the Port means the
Commander, Sector North Carolina.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Work crews means persons and
vessels involved in the bridge
maintenance project.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the areas described in
paragraph (a) of this section.
(2) With the exception of work crews,
entry into or remaining in either safety
E:\FR\FM\16DER1.SGM
16DER1
68346
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Rules and Regulations
zone is prohibited unless authorized by
the COTP North Carolina or the COTP
North Carolina’s designated
representative. All other vessels must
depart the zone(s) immediately upon
activation.
(3) Larger vessels may request
maintenance equipment be relocated
outside of the navigable channel if at
least a 48-hour notice is given. This
advance notice shall be given to the
bridge tender at (910) 251–5774 or via
VHF–FM marine channel 13 (165.65
MHz).
(4) The Captain of the Port, North
Carolina can be reached through the
Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina at telephone number
910–343–3882.
(5) The Coast Guard and designated
security vessels enforcing the safety
zone can be contacted on VHF–FM
marine band radio channel 13 (165.65
MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement periods. This section
will be enforced for:
(1) Safety Zone 1 from December 15,
2019 through February 15, 2020; and
(2) Safety Zone 2 from 6 a.m. through
6 p.m. on days when power cables are
being placed under the navigable
channel.
(f) Public notification. The Coast
Guard will notify the public of the
active enforcement times at least 48
hours in advance by transmitting
Broadcast Notice to Mariners via VHF–
FM marine channel 16.
Dated: December 11, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2019–27063 Filed 12–13–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2019–0003; Internal
Agency Docket No. FEMA–8609]
lotter on DSKBCFDHB2PROD with RULES
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
SUMMARY:
VerDate Sep<11>2014
17:29 Dec 13, 2019
Jkt 250001
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
212–3966.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
FEMA has determined that the
community suspension(s) included in
this rule is a non-discretionary action
and therefore the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
E:\FR\FM\16DER1.SGM
16DER1
]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68343-68346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27063]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0904]
RIN 1625-AA00
Safety Zone; Isabel Holmes Bridge, Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones on
the navigable waters of the Cape Fear River at the Isabel Holmes Bridge
in Wilmington, North Carolina. These temporary safety zones are
intended to restrict vessel traffic on the Cape Fear River from
December 15, 2019, through February 15, 2020, while work crews repair
the bridge and replace power cables crossing under the river. This rule
prohibits vessels or persons from being in the safety zones unless
specifically authorized by the Captain of the Port (COTP) North
Carolina or a designated representative.
DATES: This rule is effective without actual notice from December 16,
2019 through February 15, 2020. For the
[[Page 68344]]
purposes of enforcement, actual notice will be used from December 15,
2019, through December 16, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0904 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Matthew Tyson, Waterways Management Division,
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone:
(910) 772-2221, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NCDOT North Carolina Department of Transportation
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the North Carolina Department of
Transportation (NCDOT) did not notify the Coast Guard of the details of
the bridge maintenance project until November 28, 2019. Immediate
action is needed to protect persons and vessels from the hazards
associated with this project. It is impracticable and contrary to the
public interest to publish an NPRM because a final rule needs to be in
place by December 15, 2019, to protect against hazards to the work crew
and the public during the project.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this bridge maintenance project, which
begins on December 15, 2019.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously, 33 U.S.C. 1231). The COTP North Carolina has
determined that potential hazards associated with the bridge
maintenance project, scheduled from December 15, 2019, through February
15, 2020, is a safety concern for workers and mariners on the Cape Fear
River at the Isabel Holmes Bridge in Wilmington, North Carolina. This
rule is necessary to protect safety of life from the potential hazards
associated with the project.
IV. Discussion of the Rule
This rule establishes two safety zones on a portion of the Cape
Fear River from December 15, 2019, through February 15, 2020, to be
enforced while NCDOT conducts a bridge maintenance project. The project
will be in two parts: The repair of the Isabel Holmes Bridge, and
replacement of the power cables crossing under the river. The bridge
repair portion will impact, but not close, the navigable channel. The
cable replacement portion will require the navigable channel to be
closed. NCDOT will begin staging equipment around the bridge on
December 15, 2019.
The first of the two safety zones will extend 100 feet from
equipment while it is within the navigable channel during the entire
maintenance period. The normal horizontal clearance of the channel
beneath the bridge is 200 feet. As a result, smaller vessels will be
able to transit under the bridge during this work phase. Maintenance
equipment will be able to be relocated outside of the navigable channel
for larger vessels during this stage of the project if at least a 48-
hour notice is given. This advance notice shall be given to the bridge
tender at (910) 251-5774 or via VHF-FM marine channel 13 (165.65 MHz).
The second safety zone will be enforced, within 300 feet of the
bridge, located at approximate position, 34[deg]15'06'' N,
077[deg]57'03'' W (NAD 1983) during the cable replacement portion of
the project. This cable replacement may last from 6 a.m. to 6 p.m. on
four separate days, finishing on February 15, 2020. The public will be
notified at least 48 hours in advance of each complete closure via
broadcast notice to mariners.
The duration of these zones is intended to protect persons,
vessels, and the marine environment on the navigable waters of the Cape
Fear River during the bridge maintenance project. No vessel or person
will be permitted to enter either safety zone unless specifically
authorized by the Captain of the Port North Carolina or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zones. The ability of vessels to
enter or transit a portion of the Cape Fear River near the Isabel
Holmes Bridge will be impacted while two safety zones are in place
during a bridge maintenance project lasting two months, from December
25, 2019, through February 15, 2020. The project will be in two parts:
The repair of the Isabel Holmes Bridge, and replacement of the power
cables crossing under the river. The bridge repair portion will impact,
but not close, the navigable channel. Smaller vessels will be able to
transit under the bridge during the repair work. Larger vessels will be
allowed to transit the channel during the repair work provided that
they provide a 48-hour notice requesting that equipment be relocated
from the channel. The Coast Guard will issue a Local Notice to Mariners
and transmit a Broadcast Notice to Mariners via VHF-FM marine channel
16 regarding the safety zone. The cable replacement portion will
require the navigable channel to be closed. Specific enforcement dates
and times for complete channel closures will be broadcast at least 48
hours in advance. However, this portion of the Cape Fear River is a low
traffic area during this time of the year.
[[Page 68345]]
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 two
safety zones lasting two months. The first will prohibit entry within
100 feet of work equipment at the Isabel Holmes Bridge on the Cape Fear
River, and the second lasting 12 hours on four separate days that will
prohibit entry within 300 feet of the bridge while new power cables are
placed under the navigable channel. The rule is categorically excluded
from further review under paragraph L60a of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0904 to read as follows:
Sec. 165.T05-0904 Safety Zone; Isabel Holmes Bridge, Wilmington, NC.
(a) Location. The following areas are safety zones:
(1) Safety Zone 1. All navigable waters of the Cape Fear River
within 100 feet of work equipment at the Isabel Holmes Bridge in
Wilmington, NC;
(2) Safety Zone 2. All navigable waters of the Cape Fear River
within a 300 foot radius of the Isabel Holmes Bridge in Wilmington, NC,
centered at approximate position 34[deg]15'06'' N, 077[deg]57'03'' W
(NAD 1983).
(b) Definitions. As used in this section--
Captain of the Port means the Commander, Sector North Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
Work crews means persons and vessels involved in the bridge
maintenance project.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the areas described in paragraph (a) of this
section.
(2) With the exception of work crews, entry into or remaining in
either safety
[[Page 68346]]
zone is prohibited unless authorized by the COTP North Carolina or the
COTP North Carolina's designated representative. All other vessels must
depart the zone(s) immediately upon activation.
(3) Larger vessels may request maintenance equipment be relocated
outside of the navigable channel if at least a 48-hour notice is given.
This advance notice shall be given to the bridge tender at (910) 251-
5774 or via VHF-FM marine channel 13 (165.65 MHz).
(4) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina at telephone number 910-343-3882.
(5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement periods. This section will be enforced for:
(1) Safety Zone 1 from December 15, 2019 through February 15, 2020;
and
(2) Safety Zone 2 from 6 a.m. through 6 p.m. on days when power
cables are being placed under the navigable channel.
(f) Public notification. The Coast Guard will notify the public of
the active enforcement times at least 48 hours in advance by
transmitting Broadcast Notice to Mariners via VHF-FM marine channel 16.
Dated: December 11, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2019-27063 Filed 12-13-19; 8:45 am]
BILLING CODE 9110-04-P
