82_FR_57645 82 FR 57413 - Safety Zone; Oregon Inlet, Dare County, NC

82 FR 57413 - Safety Zone; Oregon Inlet, Dare County, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range57413-57415
FR Document2017-26147

The Coast Guard proposes to establish a temporary safety zone on the navigable waters of Oregon Inlet in Dare County, North Carolina in support of construction of the new Herbert C. Bonner Bridge. This temporary safety zone is intended to protect mariners, vessels, and construction crews from the hazards associated with installing the navigation span, and will restrict vessel traffic from the bridge's navigation span as it is under construction by preventing vessel traffic on a portion of Oregon Inlet. Entry of vessels or persons into this safety zone is prohibited. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Proposed Rules]
[Pages 57413-57415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26147]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0964]
RIN 1625-AA00


Safety Zone; Oregon Inlet, Dare County, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of Oregon Inlet in Dare County, North Carolina 
in support of construction of the new Herbert C. Bonner Bridge. This 
temporary safety zone is intended to protect mariners, vessels, and 
construction crews from the hazards associated with installing the 
navigation span, and will restrict vessel traffic from the bridge's 
navigation span as it is under construction by preventing vessel 
traffic on a portion of Oregon Inlet. Entry of vessels or persons into 
this safety zone is prohibited. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 20, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0964 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On October 10, 2017, the North Carolina Department of 
Transportation

[[Page 57414]]

notified the Coast Guard that they will be installing the navigation 
span of the new Herbert C. Bonner Bridge on January 8 through March 3, 
2018, with alternate dates of March 4 through April 15, 2018. The 
construction will take place over an estimated 33 days during this 
period. A safety zone is proposed in Oregon Inlet within an area 
beginning at approximate position 35[deg]46'23'' N., 75[deg]32'18'' W., 
thence southeast to 35[deg]46'18'' N., 75[deg]32'12'' W., thence 
southwest to 35[deg]46'16'' N., 75[deg]32'16'' W., thence northwest to 
35[deg]46'20'' N., 75[deg]32'23'' W., thence northeast back to the 
point of origin (NAD 1983) in Dare County, North Carolina. The 
construction involves crane barges on both sides of the navigation 
channel and various construction vessels and equipment. The COTP North 
Carolina has determined that potential safety hazards associated with 
the construction would be a concern for anyone transiting the Oregon 
Inlet navigation channel.
    The purpose of this rule is to protect persons, vessels, and the 
marine environment on the navigable waters in Oregon Inlet during this 
construction phase. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone to be enforced from 
January 8 through March 3, 2018, with alternate dates of March 4 
through April 15, 2018. Construction is expected to take place on 33 
separate days during this period. The safety zone will be active for 2 
hours each of those days, with the exact times announced via Broadcast 
Notices to Mariners at least 48 hours prior to enforcement. The safety 
zone will include all navigable waters of Oregon Inlet from approximate 
position 35[deg]46'23'' N., 75[deg]32'18'' W., thence southeast to 
35[deg]46'18'' N., 75[deg]32'12'' W., thence southwest to 
35[deg]46'16'' N., 75[deg]32'16'' W., thence northwest to 
35[deg]46'20'' N., 75[deg]32'23'' W., thence northeast back to the 
point of origin, (NAD 1983). This zone is intended to protect persons, 
vessels, and the marine environment on the navigable waters in Oregon 
Inlet during this construction phase. No vessel or person will be 
permitted to enter the safety zone during the designated times. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 proposed safety zone. Vessel traffic will 
not be allowed to enter or transit a portion of Oregon Inlet during 
specific two hour periods on 33 separate days from January 8 through 
March 3, 2018, with alternate dates of March 4 through April 15, 2018. 
The specific 2 hour period for each work day will be broadcast at least 
48 hours in advance and vessels will be able to transit Oregon Inlet at 
all other times. 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. This portion of Oregon Inlet has been 
determined to be a medium to low traffic area at this time of the year. 
This rule does not allow vessels to request permission to enter the 
safety zone covering the Oregon Inlet navigation channel during the 
designated times.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

[[Page 57415]]

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting for 2 hours on 33 separate days that would prohibit entry 
into a portion of Oregon Inlet for bridge construction. Normally such 
actions are categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
Record of Environmental Consideration supporting this determination is 
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 proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.T05-0964 to read as follows:


Sec.  165.T05-0964   Safety Zone; Oregon Inlet, Dare County, NC.

    (a) Location. The following area is a safety zone: All navigable 
waters of Oregon Inlet, from approximate position 35[deg]46'23'' N., 
75[deg]32'18'' W., thence southeast to 35[deg]46'18'' N., 
75[deg]32'12'' W., thence southwest to 35[deg]46'16'' N., 
75[deg]32'16'' W., thence northwest to 35[deg]46'20'' N., 
75[deg]32'23'' W., thence northeast back to the point of origin (NAD 
1983) in Dare County, NC.
    (b) Definitions. As used in this section--
    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.
    Captain of the Port means the Commander, Sector North Carolina.
    Construction crews means persons and vessels involved in support of 
construction.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (a) of this 
section.
    (2) With the exception of construction crews, entry into or 
remaining in this safety zone is prohibited.
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (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 Period. This regulation will be enforced from 
January 8 through March 3, 2018, with alternate dates of March 4 
through April 15, 2018.
    (f) Public Notification. The Coast Guard will notify the public of 
the specific two hour closures at least 48 hours in advance by 
transmitting Broadcast Notice to Mariners via VHF-FM marine channel 16.

    Dated: November 27, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2017-26147 Filed 12-4-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules                                          57413

                                                  assessment or an environmental impact                   part 531 of the Code of Federal                       DEPARTMENT OF HOMELAND
                                                  statement.                                              Regulations as follows:                               SECURITY
                                                  XV. Executive Order 13211, Energy                       PART 531—WAGE PAYMENTS UNDER                          Coast Guard
                                                  Supply                                                  THE FAIR LABOR STANDARDS ACT
                                                     This proposed rule is not subject to                 OF 1938                                               33 CFR Part 165
                                                  Executive Order 13211. It will not have                                                                       [Docket Number USCG–2017–0964]
                                                  a significant adverse effect on the                     ■ 1. The authority citation for part 531
                                                  supply, distribution, or use of energy.                 continues to read as follows:                         RIN 1625–AA00
                                                                                                            Authority: Sec. 3(m), 52 Stat. 1060; sec. 2,
                                                  XVI. Executive Order 12630,                             75 Stat. 65; sec. 101, 80 Stat. 830; sec. 29(B),      Safety Zone; Oregon Inlet, Dare
                                                  Constitutionally Protected Property                     88 Stat. 55, Pub. L. 93–259; Pub. L. 95–151,          County, NC
                                                  Rights                                                  29 U.S.C. 203(m) and (t); Pub. L. 104–188,
                                                                                                          2105(b); Pub. L. 110–28, 121 Stat. 112.
                                                                                                                                                                AGENCY:   Coast Guard, DHS.
                                                    This proposed rule is not subject to                                                                        ACTION:   Notice of proposed rulemaking.
                                                  Executive Order 12630 because it does                   ■   2. Revise § 531.52 to read as follows:
                                                  not involve implementation of a policy                                                                        SUMMARY:    The Coast Guard proposes to
                                                                                                          § 531.52    General characteristics of ‘‘tips.’’      establish a temporary safety zone on the
                                                  that has takings implications or that
                                                  could impose limitations on private                        A tip is a sum presented by a                      navigable waters of Oregon Inlet in Dare
                                                  property use.                                           customer as a gift or gratuity in                     County, North Carolina in support of
                                                                                                          recognition of some service performed                 construction of the new Herbert C.
                                                  XVII. Executive Order 12988, Civil                      for him. It is to be distinguished from               Bonner Bridge. This temporary safety
                                                  Justice Reform Analysis                                 payment of a charge, if any, made for                 zone is intended to protect mariners,
                                                     This proposed rule was drafted and                   the service. Whether a tip is to be given,            vessels, and construction crews from the
                                                  reviewed in accordance with Executive                   and its amount, are matters determined                hazards associated with installing the
                                                  Order 12988 and will not unduly                         solely by the customer, who has the                   navigation span, and will restrict vessel
                                                  burden the Federal court system. The                    right to determine who shall be the                   traffic from the bridge’s navigation span
                                                  proposed rule was: (1) Reviewed to                      recipient of the gratuity. An employer                as it is under construction by preventing
                                                  eliminate drafting errors and                           that takes a tip credit is prohibited from            vessel traffic on a portion of Oregon
                                                  ambiguities; (2) written to minimize                    using an employee’s tips for any reason               Inlet. Entry of vessels or persons into
                                                  litigation; and (3) written to provide a                other than that which is statutorily                  this safety zone is prohibited. We invite
                                                  clear legal standard for affected conduct               permitted in section 3(m): As a credit                your comments on this proposed
                                                  and to promote burden reduction.                        against its minimum wage obligations to               rulemaking.
                                                                                                          the employee, or in furtherance of a
                                                  XVIII. Summary of Proposed Changes                                                                            DATES:  Comments and related material
                                                                                                          valid tip pool. Only tips actually
                                                                                                                                                                must be received by the Coast Guard on
                                                    The Department proposes to remove                     received by an employee as money
                                                                                                                                                                or before December 20, 2017.
                                                  or amend the portions of §§ 531.52,                     belonging to the employee may be
                                                                                                          counted in determining whether the                    ADDRESSES: You may submit comments
                                                  531.54, and 531.59 that impose                                                                                identified by docket number USCG–
                                                  restrictions on employers that pay a                    person is a ‘‘tipped employee’’ within
                                                                                                          the meaning of the Act and in applying                2017–0964 using the Federal
                                                  direct cash wage of least the Federal                                                                         eRulemaking Portal at http://
                                                  minimum wage and do not claim the                       the provisions of section 3(m) which
                                                                                                          govern wage credits for tips.                         www.regulations.gov. See the ‘‘Public
                                                  section 3(m) tip credit. The proposed                                                                         Participation and Request for
                                                  rule deletes the fourth sentence of                     *     *      *     *     *                            Comments’’ portion of the
                                                  section 531.52, which currently states                  ■ 3. Revise the last sentence of § 531.54
                                                                                                                                                                SUPPLEMENTARY INFORMATION section for
                                                  that ‘‘[t]ips are the property of the                   to read as follows:                                   further instructions on submitting
                                                  employee whether or not the employer                                                                          comments.
                                                  has taken a tip credit under section 3(m)               § 531.54    Tip pooling.
                                                  of the FLSA.’’ The proposed rule also                      * * * However, an employer that                    FOR FURTHER INFORMATION CONTACT:   If
                                                  revises the fifth sentence of sections                  takes a tip credit must notify its                    you have questions about this proposed
                                                  531.52, the last sentence of section                    employees of any required tip pool                    rulemaking, contact Petty Officer
                                                  531.54, and the final sentence of section               contribution amount, may only take a                  Matthew Tyson, Waterways
                                                  531.59(b) to remove language placing                    tip credit for the amount of tips each                Management Division, U.S. Coast Guard
                                                  restrictions on an employer’s use of tips               employee ultimately receives, and may                 Sector North Carolina, Wilmington, NC;
                                                  when that employer has not taken a tip                  not retain any of the employees’ tips for             telephone: (910) 772–2221, email:
                                                  credit while retaining language that                    any other purpose.                                    Matthew.I.Tyson@uscg.mil.
                                                  reflects the statutory restrictions on an               ■ 4. In § 531.59, revise the last sentence            SUPPLEMENTARY INFORMATION:
                                                  employer’s use of tips received by its                  of paragraph (b) to read as follows:
                                                                                                                                                                I. Table of Abbreviations
                                                  employees when it does take a tip
                                                                                                          § 531.59    The tip wage credit.                      CFR Code of Federal Regulations
                                                  credit.
                                                                                                          *     *    *     *     *                              DHS Department of Homeland Security
                                                  List of Subjects in 29 CFR Part 531                       (b) * * * With the exception of tips                FR Federal Register
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          contributed to a valid tip pool as                    NPRM Notice of proposed rulemaking
                                                   Employment, Labor, Minimum wages,                                                                            § Section
                                                  Wages.                                                  described in § 531.54, the tip credit
                                                                                                                                                                U.S.C. United States Code
                                                                                                          provisions of section 3(m) also require               COTP Captain of the Port
                                                  Bryan L. Jarrett,                                       employers that take a tip credit to
                                                  Acting Administrator, Wage and Hour                     permit employees to retain all tips                   II. Background, Purpose, and Legal
                                                  Division.                                               received by the employee.                             Basis
                                                    For the reasons set forth above, the                  [FR Doc. 2017–25802 Filed 12–4–17; 8:45 am]             On October 10, 2017, the North
                                                  Department proposes to amend Title 29,                  BILLING CODE 4510–27–P                                Carolina Department of Transportation


                                             VerDate Sep<11>2014   18:01 Dec 04, 2017   Jkt 244001   PO 00000   Frm 00031   Fmt 4702   Sfmt 4702   E:\FR\FM\05DEP1.SGM   05DEP1


                                                  57414                 Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules

                                                  notified the Coast Guard that they will                 based on a number of these statutes and               significant economic impact on any
                                                  be installing the navigation span of the                Executive orders and we discuss First                 vessel owner or operator.
                                                  new Herbert C. Bonner Bridge on                         Amendment rights of protestors.                          If you think that your business,
                                                  January 8 through March 3, 2018, with                                                                         organization, or governmental
                                                                                                          A. Regulatory Planning and Review
                                                  alternate dates of March 4 through April                                                                      jurisdiction qualifies as a small entity
                                                  15, 2018. The construction will take                       Executive Orders 12866 and 13563
                                                                                                          direct agencies to assess the costs and               and that this rule would have a
                                                  place over an estimated 33 days during
                                                                                                          benefits of available regulatory                      significant economic impact on it,
                                                  this period. A safety zone is proposed in
                                                                                                          alternatives and, if regulation is                    please submit a comment (see
                                                  Oregon Inlet within an area beginning at
                                                                                                          necessary, to select regulatory                       ADDRESSES) explaining why you think it
                                                  approximate position 35°46′23″ N.,
                                                  75°32′18″ W., thence southeast to                       approaches that maximize net benefits.                qualifies and how and to what degree
                                                  35°46′18″ N., 75°32′12″ W., thence                      Executive Order 13771 directs agencies                this rule would economically affect it.
                                                  southwest to 35°46′16″ N., 75°32′16″ W.,                to control regulatory costs through a                    Under section 213(a) of the Small
                                                  thence northwest to 35°46′20″ N.,                       budgeting process. This NPRM has not                  Business Regulatory Enforcement
                                                  75°32′23″ W., thence northeast back to                  been designated a ‘‘significant                       Fairness Act of 1996 (Pub. L. 104–121),
                                                  the point of origin (NAD 1983) in Dare                  regulatory action,’’ under Executive                  we want to assist small entities in
                                                  County, North Carolina. The                             Order 12866. Accordingly, the NPRM                    understanding this proposed rule. If the
                                                  construction involves crane barges on                   has not been reviewed by the Office of                rule would affect your small business,
                                                  both sides of the navigation channel and                Management and Budget (OMB), and                      organization, or governmental
                                                  various construction vessels and                        pursuant to OMB guidance it is exempt                 jurisdiction and you have questions
                                                  equipment. The COTP North Carolina                      from the requirements of Executive                    concerning its provisions or options for
                                                  has determined that potential safety                    Order 13771.                                          compliance, please contact the person
                                                  hazards associated with the                                This regulatory action determination               listed in the FOR FURTHER INFORMATION
                                                  construction would be a concern for                     is based on the size, location, and                   CONTACT section. The Coast Guard will
                                                  anyone transiting the Oregon Inlet                      duration of the proposed safety zone.                 not retaliate against small entities that
                                                  navigation channel.                                     Vessel traffic will not be allowed to                 question or complain about this
                                                    The purpose of this rule is to protect                enter or transit a portion of Oregon Inlet
                                                                                                                                                                proposed rule or any policy or action of
                                                  persons, vessels, and the marine                        during specific two hour periods on 33
                                                                                                                                                                the Coast Guard.
                                                  environment on the navigable waters in                  separate days from January 8 through
                                                  Oregon Inlet during this construction                   March 3, 2018, with alternate dates of                C. Collection of Information
                                                  phase. The Coast Guard proposes this                    March 4 through April 15, 2018. The
                                                  rulemaking under authority in 33 U.S.C.                 specific 2 hour period for each work day                This proposed rule would not call for
                                                  1231.                                                   will be broadcast at least 48 hours in                a new collection of information under
                                                                                                          advance and vessels will be able to                   the Paperwork Reduction Act of 1995
                                                  III. Discussion of Proposed Rule                        transit Oregon Inlet at all other times.              (44 U.S.C. 3501–3520).
                                                     The COTP proposes to establish a                     The Coast Guard will issue a Local                    D. Federalism and Indian Tribal
                                                  safety zone to be enforced from January                 Notice to Mariners and transmit a                     Governments
                                                  8 through March 3, 2018, with alternate                 Broadcast Notice to Mariners via VHF–
                                                  dates of March 4 through April 15, 2018.                FM marine channel 16 regarding the                       A rule has implications for federalism
                                                  Construction is expected to take place                  safety zone. This portion of Oregon Inlet             under Executive Order 13132,
                                                  on 33 separate days during this period.                 has been determined to be a medium to                 Federalism, if it has a substantial direct
                                                  The safety zone will be active for 2                    low traffic area at this time of the year.            effect on the States, on the relationship
                                                  hours each of those days, with the exact                This rule does not allow vessels to                   between the national government and
                                                  times announced via Broadcast Notices                   request permission to enter the safety                the States, or on the distribution of
                                                  to Mariners at least 48 hours prior to                  zone covering the Oregon Inlet                        power and responsibilities among the
                                                  enforcement. The safety zone will                       navigation channel during the                         various levels of government. We have
                                                  include all navigable waters of Oregon                  designated times.                                     analyzed this proposed rule under that
                                                  Inlet from approximate position                                                                               Order and have determined that it is
                                                  35°46′23″ N., 75°32′18″ W., thence                      B. Impact on Small Entities
                                                                                                                                                                consistent with the fundamental
                                                  southeast to 35°46′18″ N., 75°32′12″ W.,                   The Regulatory Flexibility Act of                  federalism principles and preemption
                                                  thence southwest to 35°46′16″ N.,                       1980, 5 U.S.C. 601–612, as amended,                   requirements described in Executive
                                                  75°32′16″ W., thence northwest to                       requires Federal agencies to consider
                                                                                                                                                                Order 13132.
                                                  35°46′20″ N., 75°32′23″ W., thence                      the potential impact of regulations on
                                                  northeast back to the point of origin,                  small entities during rulemaking. The                    Also, this proposed rule does not have
                                                  (NAD 1983). This zone is intended to                    term ‘‘small entities’’ comprises small               tribal implications under Executive
                                                  protect persons, vessels, and the marine                businesses, not-for-profit organizations              Order 13175, Consultation and
                                                  environment on the navigable waters in                  that are independently owned and                      Coordination with Indian Tribal
                                                  Oregon Inlet during this construction                   operated and are not dominant in their                Governments, because it would not have
                                                  phase. No vessel or person will be                      fields, and governmental jurisdictions                a substantial direct effect on one or
                                                  permitted to enter the safety zone                      with populations of less than 50,000.                 more Indian tribes, on the relationship
                                                                                                          The Coast Guard certifies under 5 U.S.C.              between the Federal Government and
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                                                  during the designated times. The
                                                  regulatory text we are proposing appears                605(b) that this proposed rule would not              Indian tribes, or on the distribution of
                                                  at the end of this document.                            have a significant economic impact on                 power and responsibilities between the
                                                                                                          a substantial number of small entities.               Federal Government and Indian tribes.
                                                  IV. Regulatory Analyses                                    While some owners or operators of                  If you believe this proposed rule has
                                                    We developed this proposed rule after                 vessels intending to transit the safety               implications for federalism or Indian
                                                  considering numerous statutes and                       zone may be small entities, for the                   tribes, please contact the person listed
                                                  Executive orders related to rulemaking.                 reasons stated in section IV.A above,                 in the FOR FURTHER INFORMATION
                                                  Below we summarize our analyses                         this proposed rule would not have a                   CONTACT section.



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                                                                        Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Proposed Rules                                                57415

                                                  E. Unfunded Mandates Reform Act                         document to which each comment                        warrant, or petty officer designated by
                                                     The Unfunded Mandates Reform Act                     applies, and provide a reason for each                the Captain of the Port North Carolina
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                         (COTP) for the enforcement of the safety
                                                  Federal agencies to assess the effects of                  We encourage you to submit                         zone.
                                                  their discretionary regulatory actions. In              comments through the Federal                             Captain of the Port means the
                                                  particular, the Act addresses actions                   eRulemaking Portal at http://                         Commander, Sector North Carolina.
                                                  that may result in the expenditure by a                 www.regulations.gov. If your material                    Construction crews means persons
                                                  State, local, or tribal government, in the              cannot be submitted using http://                     and vessels involved in support of
                                                  aggregate, or by the private sector of                  www.regulations.gov, contact the person               construction.
                                                  $100,000,000 (adjusted for inflation) or                in the FOR FURTHER INFORMATION                           (c) Regulations. (1) The general
                                                  more in any one year. Though this                       CONTACT section of this document for                  regulations governing safety zones in
                                                  proposed rule would not result in such                  alternate instructions.                               § 165.23 apply to the area described in
                                                  an expenditure, we do discuss the                          We accept anonymous comments. All                  paragraph (a) of this section.
                                                  effects of this rule elsewhere in this                  comments received will be posted                         (2) With the exception of construction
                                                  preamble.                                               without change to http://                             crews, entry into or remaining in this
                                                                                                          www.regulations.gov and will include                  safety zone is prohibited.
                                                  F. Environment                                          any personal information you have                        (3) All vessels within this safety zone
                                                    We have analyzed this proposed rule                   provided. For more about privacy and                  when this section becomes effective
                                                  under Department of Homeland                            the docket, visit http://                             must depart the zone immediately.
                                                  Security Management Directive 023–01                    www.regulations.gov/privacyNotice.                       (4) The Captain of the Port, North
                                                  and Commandant Instruction                                 Documents mentioned in this NPRM                   Carolina can be reached through the
                                                  M16475.lD, which guide the Coast                        as being available in the docket, and all             Coast Guard Sector North Carolina
                                                  Guard in complying with the National                    public comments, will be in our online                Command Duty Officer, Wilmington,
                                                  Environmental Policy Act of 1969 (42                    docket at http://www.regulations.gov                  North Carolina at telephone number
                                                  U.S.C. 4321–4370f), and have made a                     and can be viewed by following that                   910–343–3882.
                                                  preliminary determination that this                     Web site’s instructions. Additionally, if                (5) The Coast Guard and designated
                                                  action is one of a category of actions that             you go to the online docket and sign up               security vessels enforcing the safety
                                                  do not individually or cumulatively                     for email alerts, you will be notified                zone can be contacted on VHF–FM
                                                  have a significant effect on the human                  when comments are posted or a final                   marine band radio channel 13 (165.65
                                                  environment. This proposed rule                         rule is published.                                    MHz) and channel 16 (156.8 MHz).
                                                  involves a safety zone lasting for 2 hours                                                                       (d) Enforcement. The U.S. Coast
                                                                                                          List of Subjects in 33 CFR Part 165
                                                  on 33 separate days that would prohibit                                                                       Guard may be assisted in the patrol and
                                                  entry into a portion of Oregon Inlet for                  Harbors, Marine safety, Navigation                  enforcement of the safety zone by
                                                  bridge construction. Normally such                      (water), Reporting and recordkeeping                  Federal, State, and local agencies.
                                                  actions are categorically excluded from                 requirements, Security measures,                         (e) Enforcement Period. This
                                                  further review under paragraph 34(g) of                 Waterways.                                            regulation will be enforced from January
                                                  Figure 2–1 of Commandant Instruction                      For the reasons discussed in the                    8 through March 3, 2018, with alternate
                                                  M16475.lD. A preliminary Record of                      preamble, the Coast Guard proposes to                 dates of March 4 through April 15, 2018.
                                                  Environmental Consideration                             amend 33 CFR part 165 as follows:                        (f) Public Notification. The Coast
                                                  supporting this determination is                                                                              Guard will notify the public of the
                                                  available in the docket where indicated                 PART 165—REGULATED NAVIGATION                         specific two hour closures at least 48
                                                  under ADDRESSES. We seek any                            AREAS AND LIMITED ACCESS AREAS                        hours in advance by transmitting
                                                  comments or information that may lead                                                                         Broadcast Notice to Mariners via VHF–
                                                  to the discovery of a significant                       ■ 1. The authority citation for part 165
                                                                                                          continues to read as follows:                         FM marine channel 16.
                                                  environmental impact from this
                                                                                                                                                                  Dated: November 27, 2017.
                                                  proposed rule.                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Bion B. Stewart,
                                                  G. Protest Activities                                   Department of Homeland Security Delegation            Captain, U.S. Coast Guard, Captain of the
                                                    The Coast Guard respects the First                    No. 0170.1.                                           Port North Carolina.
                                                  Amendment rights of protesters.                         ■ 2. Add § 165.T05–0964 to read as                    [FR Doc. 2017–26147 Filed 12–4–17; 8:45 am]
                                                  Protesters are asked to contact the                     follows:                                              BILLING CODE 9110–04–P
                                                  person listed in the FOR FURTHER
                                                  INFORMATION CONTACT section to                          § 165.T05–0964 Safety Zone; Oregon Inlet,
                                                  coordinate protest activities so that your              Dare County, NC.
                                                                                                                                                                ENVIRONMENTAL PROTECTION
                                                  message can be received without                           (a) Location. The following area is a               AGENCY
                                                  jeopardizing the safety or security of                  safety zone: All navigable waters of
                                                  people, places, or vessels.                             Oregon Inlet, from approximate position               40 CFR Part 52
                                                                                                          35°46′23″ N., 75°32′18″ W., thence
                                                  V. Public Participation and Request for                 southeast to 35°46′18″ N., 75°32′12″ W.,              [EPA–R01–OAR–2017–0590; FRL–9971–59-
                                                  Comments                                                thence southwest to 35°46′16″ N.,                     Region 1]
                                                    We view public participation as                       75°32′16″ W., thence northwest to
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                                                                                                                                                                Air Plan Approval; Massachusetts;
                                                  essential to effective rulemaking, and                  35°46′20″ N., 75°32′23″ W., thence                    Logan Airport Parking Freeze
                                                  will consider all comments and material                 northeast back to the point of origin
                                                  received during the comment period.                     (NAD 1983) in Dare County, NC.                        AGENCY:  Environmental Protection
                                                  Your comment can help shape the                           (b) Definitions. As used in this                    Agency.
                                                  outcome of this rulemaking. If you                      section—                                              ACTION: Proposed rule.
                                                  submit a comment, please include the                      Designated representative means a
                                                  docket number for this rulemaking,                      Coast Guard Patrol Commander,                         SUMMARY: The Environmental Protection
                                                  indicate the specific section of this                   including a Coast Guard commissioned,                 Agency (EPA) is proposing to approve a


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Document Created: 2017-12-04 23:45:09
Document Modified: 2017-12-04 23:45:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before December 20, 2017.
ContactIf you have questions about this proposed rulemaking, contact Petty Officer Matthew Tyson, Waterways Management Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: (910) 772-2221, email: [email protected]
FR Citation82 FR 57413 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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