[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Rules and Regulations]
[Page 70868-70871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1081]
RIN 1625-AA00
Safety Zone: Oregon Inlet, North Carolina, Dredge Project
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the Dredge R.S. Weeks during dredging operations in Oregon Inlet, North
Carolina. This safety zone will enhance the safety of vessels
transiting Oregon Inlet, North Carolina during periods of dredging
operations. This project is being undertaken to increase the water
depth in Oregon Inlet, North Carolina to 14 feet. Entry into the safety
zone is prohibited unless authorized by the Captain of the Port, North
Carolina.
DATES: This rule is effective from 8 a.m. on November 7, 2008 through 5
p.m. November 30, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-1081 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2008-1081
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the United
States Sector North Carolina, 2301 East Fort Macon Road, Atlantic
Beach, North Carolina 28512 between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call CWO4 Stephen Lyons, Waterways Management Division
Chief, Sector North Carolina, at (252) 247-4570. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 70869]]
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the publishing of an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to protect the maritime public form the hazards associated with
the dredge project in Oregon Inlet, North Carolina.
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 public interest, since immediate action is needed to
ensure the public's safety.
Background and Purpose
Due to the dynamic nature of Oregon Inlet, near continuous dredging
and frequent realignment of the approach channel east of the Herbert C.
Bonner Bridge have become routine. Passage of tropical storms and
strong low pressure systems accelerate the shoaling and need for
maintenance dredging. The Federal Navigation Project is maintained by
the U.S. Army Corps of Engineers (USACE) through the employment of
USACE assets or by contracts issued and administered by the USACE. The
Army Corps of Engineers has contracted Weeks Marine Inc. of Covington,
LA to perform maintenance dredging in Oregon Inlet, NC. The contractor
will be utilizing the 280 foot hydraulic Dredge R.S. Weeks. The dredge
has a 65 foot beam and uses a 30 inch diameter 1600 foot floating
discharge line that will be connected to a submerged shore connection.
During periods of operation the dredge may reduce the available
horizontal clearance of Oregon Inlet by 1880 feet and may entirely
obstruct the navigational channel to vessel traffic. Vessel use of the
alternate spans will not be sanctioned by the Coast Guard because the
alternate spans are not clearly marked by navigational aids. In
addition, due to concerns about the structural integrity of the bridge,
potential vessel strikes, and the absence of a fender system in the
alternate spans, the only safe passage for vessels is through the main
navigational span.
Discussion of Rule
This safety zone is necessary to safeguard mariners from the
hazards associated with dredging on the waters of Oregon Inlet, North
Carolina. This regulation establishes a 100 yard moving safety zone on
the waters of Oregon Inlet around the perimeter of the Dredge R.S.
Weeks during dredging operations. In addition, it establishes a 50 yard
safety zone around the perimeter of the floating discharge line which
leads from the dredge to the submerged shore connection. Entry into
these zones will be prohibited unless authorized by the Captain of the
Port.
Alternate routes for any vessel wishing to transit through Oregon
Inlet include traveling through Hatteras Inlet, Beaufort Inlet, or
through the Atlantic Intracoastal Waterway.
Law enforcement, aids to navigation, and other waterway maintenance
vessels are specifically exempt from this regulation.
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
Although this regulation will restrict access to Oregon Inlet, the
effect of this rule will not be significant because: (i) The safety
zones only restrict vessels during dredging operations; (ii) the Coast
Guard will make extensive notifications of the safety zone to the
maritime public via maritime advisories so mariners can adjust their
plans accordingly; (iii) the safety zones will be in effect for a
limited duration of time; and (iv) mariners will have alternate routes
to transit through Oregon Inlet, including traveling through Hatteras
Inlet, Beaufort Inlet, or through the Atlantic Intracoastal Waterway.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect vessels intending to transit on the waters of
Oregon Inlet, North Carolina from 8 a.m. on November 7, 2008 through 5
p.m. on November 30, 2008. Although the safety zones will apply to the
waters of the Oregon Inlet the zones will not have significant impact
on small entities because the safety zones only restrict vessels during
dredging operations, the Coast Guard will make extensive notifications
of the safety zone to the maritime public via maritime advisories so
mariners can adjust their plans accordingly, the safety zones will be
in enforced for a limited duration of time, and mariners will have
alternate routes to transit through Oregon Inlet, including traveling
through Hatteras Inlet, Beaufort Inlet, or through the Atlantic
Intracoastal Waterway.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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).
[[Page 70870]]
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 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 will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 does not create an
environmental risk to health or risk to safety that may
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 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.
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 Department of Homeland Security
Management Directive 5100.1 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 concluded
under the Instruction 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. An environmental analysis checklist and a
categorical exclusion determination are 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.
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 165 as follows:
PART 165--SAFETY ZONES
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T05-1081 to read as follows:
Sec. 165.T05-1081 Safety Zone; Oregon Inlet, NC.
(a) Definitions. Captain of the Port Representative means the
Commander, Sector North Carolina, or any Coast Guard commissioned,
warrant, or petty officer who has been authorized to act on the Captain
of the Port's behalf.
(b) Location. The following area is a safety zone: Waters of Oregon
Inlet within 100 yards of the Dredge R.S. Weeks and within 50 yards of
the floating discharge line.
(c) Regulations. (1) The general regulations governing safety zones
found in Sec. 165.23 of this part apply to the safety zone described
in paragraph (b) of this section.
(2) In accordance with the general regulations in section 165.23 of
this part, entry into these safety zones is prohibited unless
authorized by the Captain of the Port or a Captain of the Port
Representative. All vessel movement within the safety zones is
prohibited except as specifically authorized by the Captain of the Port
or a Captain of the Port Representative.
(3) This section applies to all vessels operating within the safety
zone except vessels that are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Surveying, maintaining or improving waters in the safety
zone.
(4) Any deviation from paragraph (c)(2) of this section due to
extreme circumstances must be authorized by the Captain of the Port or
a Captain of the Port representative. Vessels granted permission to
transit must do so in accordance with the directions provided by the
Captain of the Port or a Captain of the Port representative to that
vessel. To seek permission to transit the area, the Captain of the Port
can be contacted at telephone number (252) 247-4570.
(5) Due to continual shoaling in Oregon Inlet, all vessels should
use caution while transiting the area. Mariners are advised to view the
latest U.S. Army Corps of Engineers survey
[[Page 70871]]
data prior to attempting to transit the area. Mariners can view the
survey at http://www.saw.usace.army.mil/nav/OREGON.htm.
(6) Mariners are reminded that the fendered span of the Herbert C.
Bonner Bridge is the only recommended route for passing under the
bridge. Passing through any unfendered span presents a significant
hazard to the vessel and the bridge.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the regulated navigation area by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced from 8 a.m.
November 7, 2008, through 5 p.m. November 30, 2008.
Dated: November 7, 2008.
J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port, North Carolina.
[FR Doc. E8-27844 Filed 11-21-08; 8:45 am]
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