[Federal Register: March 17, 2008 (Volume 73, Number 52)]
[Rules and Regulations]
[Page 14181-14183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr08-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2008-0045]
RIN 1625-AA11
Regulated Navigation Area: Herbert C. Bonner Bridge, Oregon
Inlet, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area (RNA) on the waters of Oregon Inlet, NC. The regulated
navigation area (RNA) is needed to minimize the risk of potential
structural damage to the Herbert C. Bonner Bridge during fender repair
work. This rule will enhance the safety of vessels transiting the area
and vehicles crossing over the bridge during periods of reduced
horizontal clearance in the main navigation channel.
DATES: This rule is effective from 5 a.m. on April 16, 2008 through 8
p.m. May 31, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0045 and are available online
at www.regulations.gov. They are also available for inspection or
copying at 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 at the United States
Coast Guard District Five Legal Office, 431 Crawford Street,
Portsmouth, Virginia between 9 a.m. and 3 p.m.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
temporary final rule, phone CWO4 Stephen Lyons, Waterways Management
Division Chief, Sector North Carolina, at (252) 247-4525. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
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. 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
[[Page 14182]]
sufficient time to publish an NPRM. For the safety concerns noted, it
is in the public interest to have this regulation in place 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 public interest, since immediate action is needed to
ensure the public's safety.
Background and Purpose
The State of North Carolina Department of Transportation has
awarded two contracts to Marine Technologies Inc. of Baltimore, MD to
perform repair work on the Herbert C. Bonner Bridge located in Oregon
Inlet, NC. The first contract provides for the placing of six
supplemental concrete sub-caps and the installation of nine pile
jackets. The second contract is for the repair of the existing fender
system that protects the main channel span from vessel allision. The
fender repair is scheduled to begin on April 16, 2008 and will require
45 working days to complete. The contractor will be utilizing a spud
barge with a 30[foot] beam during the fender system repair work. During
periods of work, the spud barge will reduce the available horizontal
clearance of the main navigational channel to 105[foot]. Vessel use of
the alternate channels 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 stability of the bridge,
potential vessel strikes, and the absence of a fender system in the
alternate channels, the only safe passage for vessels is through the
main navigational channel.
Discussion of Rule
The proposed regulated navigation area would encompass the area of
the main navigational channel directly under the Herbert C. Bonner
Bridge. All vessels of 100 gross tons and greater are not permitted to
transit the waterway during the periods of time when the available
horizontal clearance is reduced by the contractor's spud barge unless
the vessel asks the District Commander for permission to transit. The
District Commander can be contacted via Sector North Carolina at
telephone number (252) 247-4570.
The contractor's spud barge will be relocated out of the main
navigational channel each day during non-working hours. All vessels,
including vessels of 100 gross tons and greater, will be permitted to
transit the main navigational channel during non-working hours when the
spud barge is removed.
Vessels less than 100 gross tons are permitted to use the main
navigational channel at all times, including the periods of time when
the spud barge is restricting the available horizontal clearance, but
must transit the area at no-wake speed. However, nothing in this
proposed rule negates the requirement to operate at a safe speed as
provided in the Navigation Rules and Regulations.
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.
Although this regulation will restrict access to the regulated
area, the effect of this rule will not be significant because: (i) The
regulated navigation area will be in effect for a limited duration of
time and (ii) the Coast Guard will make notification 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 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. Although the regulated area will apply to the waters of the
Oregon Inlet, the zone will not have 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
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).
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.
[[Page 14183]]
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 Commandant Instruction M16475.lD
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. A final ``Environmental Analysis Check
List'' and a final ``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 discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS
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; 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. Add temporary Sec. 165.T05-005 to read as follows:
Sec. 165.T05-005 Regulated Navigation Area; Bonner Bridge Herbert C.
Bonner Bridge, Oregon Inlet, NC.
(a) Definitions. For the purposes of this section, District
Commander means the Commander, U.S. Coast Guard District Five and any
Coast Guard commissioned, warrant, or petty officer who has been
authorized by the Commander, U.S. Coast Guard District Five to act as a
designated representative on his behalf.
(b) Location. The following area is a regulated navigation area:
All waters of Oregon Inlet, from the surface to the bottom,
encompassing the area of the main navigational channel directly under
the Herbert C. Bonner Bridge.
(c) Regulations. (1) The general regulations governing regulated
navigation areas found in Sec. 165.13 of this part apply to the
regulated navigation area described in paragraph (b).
(2) Any vessel of 100 gross tons or greater may not transit the
waterway when the available horizontal clearance is reduced by the
contractor's spud barge without first obtaining permission in
accordance with paragraph (5).
(3) All vessels, including vessels of 100 gross tons or greater,
will be permitted to transit the main navigational channel during non-
working hours when the spud barge is removed.
(4) Vessels less than 100 gross tons are permitted to use the main
navigational channel at all times, including the periods of time when
the spud barge is restricting the available horizontal clearance, but
must transit the area at no-wake speed.
(5) Vessels of 100 gross tons or greater desiring to transit the
area of the regulated navigation area when the available horizontal
clearance is reduced by the contractor's spud barge must first obtain
authorization from the District Commander. To seek permission to
transit the area, the District Commander can be contacted via Sector
North Carolina at telephone number (252) 247-4570.
(6) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed. The Coast Guard vessels enforcing this section can be
contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz).
(7) If permission is granted, all persons and vessels must comply
with the instructions of the District Commander and proceed at the
minimum speed necessary to maintain a safe course while within the
zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 5 a.m.
on April 16, 2008 through 8 p.m. May 31, 2008.
Dated: February 22, 2008.
F.M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-5327 Filed 3-14-08; 8:45 am]
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