[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4078-4080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2007-0169]
RIN 1625-AA00
Safety Zone: Trent River Between New Bern and James City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard will establish a safety zone on the waters of
the Trent River between New Bern and James City, North Carolina in the
vicinity of the U.S. Route 70 Highway Swing Bridge. This safety zone is
necessary to provide for the safety of life on navigable waters during
the movement of bridge construction equipment from the southern end of
the bridge construction project to the northern end of the project.
DATES: This rule is effective from 10 a.m. on January 8, 2008 through 2
p.m. on January 24, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2007-0169 and are available for
inspection or copying at Sector North Carolina 2301 East Fort Macon
Road Atlantic Beach, NC 28512 between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander Jennifer Williams,
Prevention Department Head, United States Coast Guard Sector North
Carolina at (252) 247-4570 or (252) 247-457046.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The publishing of an NPRM
would be impracticable and contrary to public interest since immediate
action is needed to protect the maritime public from the hazards
associated with this maintenance project. The necessary information to
determine whether the construction poses a threat to persons and
vessels was not provided with sufficient time to publish an NPRM. For
the safety concerns noted, it is in the public interest to have this
regulation in effect during the construction.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the public's safety.
Background and Purpose
From 10 a.m. to 2 p.m. on each Tuesday, Wednesday, and Thursday
from January 8, 2008 through January 24, 2008 Balfour Beatty
Infrastructure Inc. will relocate construction equipment in the
vicinity of the U.S. Route 70 Highway Swing Bridge from James City, NC
to New Bern, NC. To provide for the safety of the public, the Coast
Guard will temporarily restrict access to this section of the Trent
River during equipment relocation.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone that will
extend from the Norfolk Southern Railroad Bridge and Union Point, New
Bern, NC to the U.S. Route 17 Highway Bridge at James City, NC,
latitude 35[deg]05.8' N, longitude 77[deg]02.2' W. This zone will
require mariners to avoid entry into the area. Entry into the zone will
not be permitted except as specifically authorized by the Captain of
the Port or his designated representative.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary.
Although this regulation will restrict access to the regulated
area, the effect of this rule will not be significant because:
[[Page 4079]]
(i) The safety zone will be in effect for a limited duration of time
and (ii) the Coast Guard will make notifications via maritime
advisories so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary final rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this temporary final rule will not have a
significant economic impact on a substantial number of small entities.
Although the regulated area will apply to waters of the Trent River,
the zone will not have a significant impact on small entities because
the zone will only be in place for a limited duration of time and
maritime advisories will be issued in advance to allow the public to
adjust their plans accordingly.
Assistance for Small Entities
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this temporary
final rule under that Order and have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This temporary final rule will not effect a taking of private
property or otherwise have taking implications under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, or on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (34)(g), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' will be available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
0
For the reasons set out 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:
[[Page 4080]]
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A temporary Sec. 165.T05-901 is added to read as follows:
Sec. 165.T05-901 Safety Zone: Trent River between New Bern and James
City, North Carolina.
(a) Regulated area: The following area is a safety zone: waters of
the Trent River, from the Norfolk Southern Railroad Bridge and Union
Point New Bern, NC to the U.S. Route 17 Highway Bridge at James City,
NC, latitude 35[deg]05.8' N, longitude 77[deg]02.2' W. All coordinates
reference Datum NAD 1983.
(b) Definitions: Captain of the Port Representative any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(c) Regulations: (1) In accordance with the general regulations in
section 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or a Captain of the Port
Representative. All vessel movement within the safety zone is
prohibited except as specifically authorized by the Captain of the Port
or a Captain of the Port Representative. The general requirements of
section 165.23 also apply to this regulation.
(2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or his Representative, unless the Captain of the
Port previously announced via Marine Safety Radio Broadcast on VHF
Marine Band Radio channel 22 (157.1 MHz) that this regulation will not
be enforced in that portion of the safety zone. The Captain of the Port
can be contacted at telephone number (252) 247-4570 or (252) 247-4546,
or by radio on VHF Marine Band Radio, channels 13 and 16.
(d) The Captain of the Port will notify the public of changes in
the status of this zone by Marine Safety Radio Broadcast on VHF Marine
Band Radio, Channel 22 (157.1 MHz).
(e) Enforcement period: This rule will be enforced from 10 a.m. to
2 p.m. each Tuesday, Wednesday, and Thursday from January 8, 2008
through January 24, 2008.
Dated: December 14, 2007.
G.D. Case,
Commander, U.S. Coast Guard, Acting Captain of the Port North Carolina.
[FR Doc. E8-1133 Filed 1-23-08; 8:45 am]
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