83_FR_2924 83 FR 2910 - Safety Zone; Oregon Inlet, Dare County, NC

83 FR 2910 - Safety Zone; Oregon Inlet, Dare County, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range2910-2912
FR Document2018-00883

The Coast Guard is establishing 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.

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018)
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2910-2912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00883]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective from January 29, 2018, through March 24, 
2018, with alternate dates of March 25, 2018, through May 6, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0964 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email 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 Information and Regulatory History

    On October 10, 2017, the North Carolina Department of 
Transportation notified the Coast Guard that they will be installing 
the navigation span of the new Herbert C. Bonner Bridge in Oregon Inlet 
in Dare County, North Carolina on January 29 through March 24, 2018, 
with alternate dates of March 25 through May 6, 2018. The construction 
will take place over an estimated 33 days during this period. In 
response, on December 5, 2017, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Oregon Inlet, Dare 
County, NC (82 FR 57413). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended December 20, 
2017, we received 5 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed 
protect persons, vessels, and the marine environment on the navigable 
waters in Oregon Inlet during this construction phase. A Notice of 
Proposed Rulemaking was published in order to inform the public and 
solicit comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 5 comments on our NPRM published 
December 5, 2017. Most of the submissions were not relevant to this 
rulemaking.
    The first comment inquired about the benefits of the new bridge 
construction and its impact on the human environment. This rule 
pertains only to the creation of a safety zone for the navigation span 
construction phase and not the entire bridge construction project. The 
environmental impact analysis and other regulatory analyses for this 
rule are based only on the creation of this safety zone. This safety 
zone is necessary to protect persons, vessels, and the marine 
environment on the navigable waters in Oregon Inlet during this 
construction phase. The impact on the human environment is considered 
not significant because the closure is only for a two hour period on 
each construction day and the safety zone will not be active until 
after the normal morning traffic typically transits and will end before 
the evening traffic typically transits.
    The second comment mentioned bridge safety and its obstruction to 
the waterway. This comment is outside the scope of this rulemaking 
dealing with the establishment of a safety zone. However, the Coast 
Guard would like to take this opportunity to state that this bridge 
will have the same horizontal clearance of the original Bonner Bridge. 
The new bridge is also designed with multiple spans that can be used if 
the waterway conditions change due to shoaling.

[[Page 2911]]

    The third comment thanks the Coast Guard for a clear summary of the 
safety zone and includes commentary not related to the safety zone.
    The fourth comment refers to the Unfunded Mandates Act analysis. 
The comment does not appear to refer specifically to this safety zone. 
The Unfunded Mandates Act was reviewed during the rulemaking process 
and is discussed in Section V of this rule.
    The dates in the regulatory text of this rule have changed from the 
proposed rule in the NPRM.
    The Coast Guard is establishing a safety zone to be enforced from 
January 29 through March 24, 2018, with alternate dates of March 25 
through May 6, 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the 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 29 through 
March 24, 2018, with alternate dates of March 25 through May 6, 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security

[[Page 2912]]

Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have determined that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. This rule involves a safety zone lasting for 2 hours 
on 33 separate days that would prohibit entry into a portion of Oregon 
Inlet for bridge construction. It is categorically excluded from 
further review under paragraph L60 (a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to 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.

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 29, 2018, through March 24, 2018, with alternate dates of March 
25, 2018, through May 6, 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: January 8, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-00883 Filed 1-19-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             2910              Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations

                                             document is issued under authority of                   the navigable waters of Oregon Inlet in                days after publication in the Federal
                                             33 U.S.C. 1223 and 5 U.S.C. 552.                        Dare County, North Carolina in support                 Register. Delaying the effective date of
                                                                                                     of construction of the new Herbert C.                  this rule would be impracticable
                                             II. Public Participation and Request for
                                                                                                     Bonner Bridge. This temporary safety                   because immediate action is needed
                                             Comments
                                                                                                     zone is intended to protect mariners,                  protect persons, vessels, and the marine
                                                We view public participation as                      vessels, and construction crews from the               environment on the navigable waters in
                                             essential to effective rulemaking, and                  hazards associated with installing the                 Oregon Inlet during this construction
                                             will consider all comments and material                 navigation span, and will restrict vessel              phase. A Notice of Proposed
                                             received during the comment period.                     traffic from the bridge’s navigation span              Rulemaking was published in order to
                                             Your comment can help shape the                         as it is under construction by preventing              inform the public and solicit comments.
                                             outcome of this rulemaking. If you                      vessel traffic on a portion of Oregon
                                             submit a comment, please include the                    Inlet. Entry of vessels or persons into                III. Legal Authority and Need for Rule
                                             docket number for this rulemaking,                      this safety zone is prohibited.                          The Coast Guard is issuing this rule
                                             indicate the specific section of this                   DATES: This rule is effective from                     under authority in 33 U.S.C. 1231. The
                                             document to which each comment                          January 29, 2018, through March 24,                    COTP North Carolina has determined
                                             applies, and provide a reason for each                  2018, with alternate dates of March 25,                that potential safety hazards associated
                                             suggestion or recommendation.                           2018, through May 6, 2018.                             with the construction would be a
                                                We encourage you to submit                                                                                  concern for anyone transiting the
                                                                                                     ADDRESSES: To view documents
                                             comments through the Federal                                                                                   Oregon Inlet navigation channel. The
                                                                                                     mentioned in this preamble as being
                                             eRulemaking Portal at http://                                                                                  purpose of this rule is to protect
                                                                                                     available in the docket, go to http://
                                             www.regulations.gov. If your material                                                                          persons, vessels, and the marine
                                                                                                     www.regulations.gov, type USCG–2017–
                                             cannot be submitted using http://                                                                              environment on the navigable waters in
                                             www.regulations.gov, contact the person                 0964 in the ‘‘SEARCH’’ box and click
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                       Oregon Inlet during this construction
                                             in the FOR FURTHER INFORMATION
                                                                                                     Folder on the line associated with this                phase.
                                             CONTACT section of this document for
                                             alternate instructions.                                 rule.                                                  IV. Discussion of Comments, Changes,
                                                We accept anonymous comments. All                    FOR FURTHER INFORMATION CONTACT: If                    and the Rule
                                             comments received will be posted                        you have questions on this rule, call or
                                             without change to http://                               email Petty Officer Matthew Tyson,                       As noted above, we received 5
                                             www.regulations.gov and will include                    Waterways Management Division, U.S.                    comments on our NPRM published
                                             any personal information you have                       Coast Guard Sector North Carolina,                     December 5, 2017. Most of the
                                             provided. For more about privacy and                    Wilmington, NC; telephone: (910) 772–                  submissions were not relevant to this
                                             the docket, visit http://                               2221, email: Matthew.I.Tyson@uscg.mil.                 rulemaking.
                                             www.regulations.gov/privacynotice.                      SUPPLEMENTARY INFORMATION:                               The first comment inquired about the
                                                All previously published documents                                                                          benefits of the new bridge construction
                                                                                                     I. Table of Abbreviations                              and its impact on the human
                                             mentioned in this document along with
                                             all public comments will be in our                      CFR Code of Federal Regulations                        environment. This rule pertains only to
                                             online docket at http://                                DHS Department of Homeland Security                    the creation of a safety zone for the
                                             www.regulations.gov and can be viewed                   FR Federal Register                                    navigation span construction phase and
                                             by following that website’s instructions.               NPRM Notice of proposed rulemaking                     not the entire bridge construction
                                                                                                     § Section                                              project. The environmental impact
                                             Additionally, if you go to the online                   U.S.C. United States Code
                                             docket and sign up for email alerts, you                COTP Captain of the Port                               analysis and other regulatory analyses
                                             will be notified when comments are                                                                             for this rule are based only on the
                                             posted or a final rule is published.                    II. Background Information and                         creation of this safety zone. This safety
                                                                                                     Regulatory History                                     zone is necessary to protect persons,
                                               Dated: January 12, 2018.
                                                                                                        On October 10, 2017, the North                      vessels, and the marine environment on
                                             Hal R. Pitts,
                                                                                                     Carolina Department of Transportation                  the navigable waters in Oregon Inlet
                                             Bridge Program Manager, Fifth Coast Guard
                                             District.                                               notified the Coast Guard that they will                during this construction phase. The
                                                                                                     be installing the navigation span of the               impact on the human environment is
                                             [FR Doc. 2018–00894 Filed 1–19–18; 8:45 am]
                                                                                                     new Herbert C. Bonner Bridge in Oregon                 considered not significant because the
                                             BILLING CODE 9110–04–P
                                                                                                     Inlet in Dare County, North Carolina on                closure is only for a two hour period on
                                                                                                     January 29 through March 24, 2018,                     each construction day and the safety
                                             DEPARTMENT OF HOMELAND                                  with alternate dates of March 25                       zone will not be active until after the
                                             SECURITY                                                through May 6, 2018. The construction                  normal morning traffic typically transits
                                                                                                     will take place over an estimated 33                   and will end before the evening traffic
                                             Coast Guard                                             days during this period. In response, on               typically transits.
                                                                                                     December 5, 2017, the Coast Guard                        The second comment mentioned
                                             33 CFR Part 165                                         published a notice of proposed                         bridge safety and its obstruction to the
                                                                                                     rulemaking (NPRM) titled Safety Zone;                  waterway. This comment is outside the
                                             [Docket Number USCG–2017–0964]
                                                                                                     Oregon Inlet, Dare County, NC (82 FR                   scope of this rulemaking dealing with
                                             RIN 1625–AA00                                           57413). There we stated why we issued                  the establishment of a safety zone.
                                                                                                     the NPRM, and invited comments on                      However, the Coast Guard would like to
                                             Safety Zone; Oregon Inlet, Dare                                                                                take this opportunity to state that this
ethrower on DSK3G9T082PROD with RULES




                                                                                                     our proposed regulatory action related
                                             County, NC                                              to this fireworks display. During the                  bridge will have the same horizontal
                                             AGENCY:    Coast Guard, DHS.                            comment period that ended December                     clearance of the original Bonner Bridge.
                                             ACTION:   Temporary final rule.                         20, 2017, we received 5 comments.                      The new bridge is also designed with
                                                                                                        Under 5 U.S.C. 553(d)(3), the Coast                 multiple spans that can be used if the
                                             SUMMARY:   The Coast Guard is                           Guard finds that good cause exists for                 waterway conditions change due to
                                             establishing a temporary safety zone on                 making this rule effective less than 30                shoaling.


                                        VerDate Sep<11>2014   15:52 Jan 19, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\22JAR1.SGM   22JAR1


                                                               Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations                                            2911

                                                The third comment thanks the Coast                      This regulatory action determination                Regulatory Enforcement Ombudsman
                                             Guard for a clear summary of the safety                 is based on the size, location, and                    and the Regional Small Business
                                             zone and includes commentary not                        duration of the proposed safety zone.                  Regulatory Fairness Boards. The
                                             related to the safety zone.                             Vessel traffic will not be allowed to                  Ombudsman evaluates these actions
                                                The fourth comment refers to the                     enter or transit a portion of Oregon Inlet             annually and rates each agency’s
                                             Unfunded Mandates Act analysis. The                     during specific two hour periods on 33                 responsiveness to small business. If you
                                             comment does not appear to refer                        separate days from January 29 through                  wish to comment on actions by
                                             specifically to this safety zone. The                   March 24, 2018, with alternate dates of                employees of the Coast Guard, call 1–
                                             Unfunded Mandates Act was reviewed                      March 25 through May 6, 2018. The                      888–REG–FAIR (1–888–734–3247). The
                                             during the rulemaking process and is                    specific 2 hour period for each work day               Coast Guard will not retaliate against
                                             discussed in Section V of this rule.                    will be broadcast at least 48 hours in                 small entities that question or complain
                                                The dates in the regulatory text of this             advance and vessels will be able to                    about this rule or any policy or action
                                             rule have changed from the proposed                     transit Oregon Inlet at all other times.               of the Coast Guard.
                                             rule in the NPRM.                                       The Coast Guard will issue a Local
                                                                                                     Notice to Mariners and transmit a                      C. Collection of Information
                                                The Coast Guard is establishing a
                                             safety zone to be enforced from January                 Broadcast Notice to Mariners via VHF–                    This rule will not call for a new
                                             29 through March 24, 2018, with                         FM marine channel 16 regarding the                     collection of information under the
                                             alternate dates of March 25 through May                 safety zone. This portion of Oregon Inlet              Paperwork Reduction Act of 1995 (44
                                             6, 2018. Construction is expected to take               has been determined to be a medium to                  U.S.C. 3501–3520).
                                             place on 33 separate days during this                   low traffic area at this time of the year.
                                                                                                                                                            D. Federalism and Indian Tribal
                                             period. The safety zone will be active                  This rule does not allow vessels to
                                                                                                                                                            Governments
                                                                                                     request permission to enter the safety
                                             for 2 hours each of those days, with the                                                                          A rule has implications for federalism
                                                                                                     zone covering the Oregon Inlet
                                             exact times announced via Broadcast                                                                            under Executive Order 13132,
                                                                                                     navigation channel during the
                                             Notices to Mariners at least 48 hours                                                                          Federalism, if it has a substantial direct
                                                                                                     designated times.
                                             prior to enforcement. The safety zone                                                                          effect on the States, on the relationship
                                             will include all navigable waters of                    B. Impact on Small Entities                            between the national government and
                                             Oregon Inlet from approximate position                     The Regulatory Flexibility Act of                   the States, or on the distribution of
                                             35°46′23″ N, 75°32′18″ W, thence                        1980, 5 U.S.C. 601–612, as amended,                    power and responsibilities among the
                                             southeast to 35°46′18″ N, 75°32′12″ W,                  requires Federal agencies to consider                  various levels of government. We have
                                             thence southwest to 35°46′16″ N,                        the potential impact of regulations on                 analyzed this rule under that Order and
                                             75°32′16″ W, thence northwest to                        small entities during rulemaking. The                  have determined that it is consistent
                                             35°46′20″ N, 75°32′23″ W, thence                        term ‘‘small entities’’ comprises small                with the fundamental federalism
                                             northeast back to the point of origin,                  businesses, not-for-profit organizations               principles and preemption requirements
                                             (NAD 1983). This zone is intended to                    that are independently owned and                       described in Executive Order 13132.
                                             protect persons, vessels, and the marine                operated and are not dominant in their                    Also, this rule does not have tribal
                                             environment on the navigable waters in                  fields, and governmental jurisdictions                 implications under Executive Order
                                             Oregon Inlet during this construction                   with populations of less than 50,000.                  13175, Consultation and Coordination
                                             phase. No vessel or person will be                      The Coast Guard received no comments                   with Indian Tribal Governments,
                                             permitted to enter the safety zone                      from the Small Business Administration                 because it does not have a substantial
                                             during the designated times.                            on this rulemaking. The Coast Guard                    direct effect on one or more Indian
                                             V. Regulatory Analyses                                  certifies under 5 U.S.C. 605(b) that this              tribes, on the relationship between the
                                                                                                     rule will not have a significant                       Federal Government and Indian tribes,
                                               We developed this rule after                          economic impact on a substantial                       or on the distribution of power and
                                             considering numerous statutes and                       number of small entities.                              responsibilities between the Federal
                                             Executive orders related to rulemaking.                    While some owners or operators of                   Government and Indian tribes. If you
                                             Below we summarize our analyses                         vessels intending to transit the safety                believe this rule has implications for
                                             based on a number of these statutes and                 zone may be small entities, for the                    federalism or Indian tribes, please
                                             Executive orders, and we discuss First                  reasons stated in section V.A above, this              contact the person listed in the FOR
                                             Amendment rights of protestors.                         rule will not have a significant                       FURTHER INFORMATION CONTACT section.
                                             A. Regulatory Planning and Review                       economic impact on any vessel owner
                                                                                                     or operator.                                           E. Unfunded Mandates Reform Act
                                                Executive Orders 12866 and 13563                        Under section 213(a) of the Small                     The Unfunded Mandates Reform Act
                                             direct agencies to assess the costs and                 Business Regulatory Enforcement                        of 1995 (2 U.S.C. 1531–1538) requires
                                             benefits of available regulatory                        Fairness Act of 1996 (Pub. L. 104–121),                Federal agencies to assess the effects of
                                             alternatives and, if regulation is                      we want to assist small entities in                    their discretionary regulatory actions. In
                                             necessary, to select regulatory                         understanding this rule. If the rule                   particular, the Act addresses actions
                                             approaches that maximize net benefits.                  would affect your small business,                      that may result in the expenditure by a
                                             Executive Order 13771 directs agencies                  organization, or governmental                          State, local, or tribal government, in the
                                             to control regulatory costs through a                   jurisdiction and you have questions                    aggregate, or by the private sector of
                                             budgeting process. This rule has not                    concerning its provisions or options for               $100,000,000 (adjusted for inflation) or
                                             been designated a ‘‘significant                         compliance, please contact the person                  more in any one year. Though this rule
                                             regulatory action,’’ under Executive
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                                                                                                     listed in the FOR FURTHER INFORMATION                  will not result in such an expenditure,
                                             Order 12866. Accordingly, this rule has                 CONTACT section.                                       we do discuss the effects of this rule
                                             not been reviewed by the Office of                         Small businesses may send comments                  elsewhere in this preamble.
                                             Management and Budget (OMB), and                        on the actions of Federal employees
                                             pursuant to OMB guidance it is exempt                   who enforce, or otherwise determine                    F. Environment
                                             from the requirements of Executive                      compliance with, Federal regulations to                  We have analyzed this rule under
                                             Order 13771.                                            the Small Business and Agriculture                     Department of Homeland Security


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                                             2912              Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations

                                             Directive 023–01, which guides the                      including a Coast Guard commissioned,                  ARCHITECTURAL AND
                                             Coast Guard in complying with the                       warrant, or petty officer designated by                TRANSPORTATION BARRIERS
                                             National Environmental Policy Act of                    the Captain of the Port North Carolina                 COMPLIANCE BOARD
                                             1969 (42 U.S.C. 4321–4370f), and have                   (COTP) for the enforcement of the safety
                                             determined that this action is one of a                 zone.                                                  36 CFR Part 1194
                                             category of actions that do not
                                                                                                       Captain of the Port means the                        [Docket No. ATBCB–2015–0002]
                                             individually or cumulatively have a
                                                                                                     Commander, Sector North Carolina.
                                             significant effect on the human                                                                                RIN 3014–AA37
                                             environment. This rule involves a safety                  Construction crews means persons
                                             zone lasting for 2 hours on 33 separate                 and vessels involved in support of                     Information and Communication
                                             days that would prohibit entry into a                   construction.                                          Technology (ICT) Standards and
                                             portion of Oregon Inlet for bridge                        (c) Regulations. (1) The general                     Guidelines
                                             construction. It is categorically excluded              regulations governing safety zones in
                                             from further review under paragraph                                                                            AGENCY: Architectural and
                                                                                                     § 165.23 apply to the area described in                Transportation Barriers Compliance
                                             L60 (a) of Appendix A, Table 1 of DHS                   paragraph (a) of this section.
                                             Instruction Manual 023–01–001–01,                                                                              Board.
                                             Rev. 01. A Record of Environmental                        (2) With the exception of construction               ACTION: Direct final rule; request for
                                             Consideration supporting this                           crews, entry into or remaining in this                 comments.
                                             determination is available in the docket                safety zone is prohibited.
                                             where indicated under ADDRESSES.                                                                               SUMMARY:   The Architectural and
                                                                                                       (3) All vessels within this safety zone
                                                                                                                                                            Transportation Barriers Compliance
                                             G. Protest Activities                                   when this section becomes effective
                                                                                                                                                            Board (we, Access Board, or Board) is
                                                                                                     must depart the zone immediately.                      issuing this direct final rule to amend its
                                               The Coast Guard respects the First
                                             Amendment rights of protesters.                           (4) The Captain of the Port, North                   regulations addressing accessibility
                                             Protesters are asked to contact the                     Carolina can be reached through the                    requirements for information and
                                             person listed in the FOR FURTHER                        Coast Guard Sector North Carolina                      communication technology to correct
                                             INFORMATION CONTACT section to                          Command Duty Officer, Wilmington,                      several inadvertent drafting errors in a
                                             coordinate protest activities so that your              North Carolina at telephone number                     final rule published in the Federal
                                             message can be received without                         910–343–3882.                                          Register on January 18, 2017.
                                             jeopardizing the safety or security of                    (5) The Coast Guard and designated                   Specifically, this direct final rule
                                             people, places or vessels.                              security vessels enforcing the safety                  corrects two typographical errors and
                                                                                                                                                            the unintentional deletion of
                                             List of Subjects in 33 CFR Part 165                     zone can be contacted on VHF–FM
                                                                                                                                                            longstanding requirements for TTY
                                                                                                     marine band radio channel 13 (165.65
                                               Harbors, Marine safety, Navigation                                                                           compatibility and functionality that
                                                                                                     MHz) and channel 16 (156.8 MHz).                       have been in place for nearly two
                                             (water), Reporting and recordkeeping
                                             requirements, Security measures,                          (d) Enforcement. The U.S. Coast                      decades. These minor amendments
                                             Waterways.                                              Guard may be assisted in the patrol and                neither establish new substantive
                                               For the reasons discussed in the                      enforcement of the safety zone by                      accessibility requirements, nor impose
                                             preamble, the Coast Guard proposes to                   Federal, State, and local agencies.                    any costs on regulated entities. The
                                             amend 33 CFR part 165 as follows:                          (e) Enforcement period. This                        Access Board is issuing these
                                                                                                     regulation will be enforced from January               amendments directly as a final rule
                                             PART 165—REGULATED NAVIGATION                           29, 2018, through March 24, 2018, with                 because we believe they are
                                             AREAS AND LIMITED ACCESS AREAS                                                                                 noncontroversial, unlikely to receive
                                                                                                     alternate dates of March 25, 2018,
                                                                                                                                                            adverse comment, and will prevent
                                             ■ 1. The authority citation for part 165                through May 6, 2018.
                                                                                                                                                            confusion.
                                             continues to read as follows:                              (f) Public notification. The Coast
                                                                                                     Guard will notify the public of the                    DATES:  This direct final rule is effective
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    March 23, 2018, without further action,
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               specific two hour closures at least 48
                                                                                                                                                            unless adverse comment is received by
                                             Department of Homeland Security Delegation              hours in advance by transmitting
                                             No. 0170.1.
                                                                                                                                                            February 21, 2018. If timely adverse
                                                                                                     Broadcast Notice to Mariners via VHF–                  comment is received, the Access Board
                                             ■ 2. Add § 165.T05–0964 to read as                      FM marine channel 16.                                  will publish a notification of
                                             follows:                                                  Dated: January 8, 2018.                              withdrawal of the rule in the Federal
                                             § 165.T05–0964 Safety Zone; Oregon Inlet,               Bion B. Stewart,                                       Register before the effective date. Such
                                             Dare County, NC.                                        Captain, U.S. Coast Guard Captain of the               notification may withdraw the direct
                                               (a) Location. The following area is a                 Port North Carolina.                                   final rule in whole or in part.
                                             safety zone: all navigable waters of                    [FR Doc. 2018–00883 Filed 1–19–18; 8:45 am]            ADDRESSES: Submit comments by any
                                             Oregon Inlet, from approximate position                 BILLING CODE 9110–04–P
                                                                                                                                                            one of the following methods:
                                             35°46′23″ N, 75°32′18″ W, thence                                                                                  • Federal eRulemaking Portal: http://
                                             southeast to 35°46′18″ N, 75°32′12″ W,                                                                         www.regulations.gov. Follow the
                                             thence southwest to 35°46′16″ N,                                                                               instructions for submitting comments.
                                             75°32′16″ W, thence northwest to                                                                               The identifier for this docket is ATBCB–
                                                                                                                                                            2015–0002.
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                                             35°46′20″ N, 75°32′23″ W, thence
                                             northeast back to the point of origin                                                                             • Email: docket@access-board.gov.
                                             (NAD 1983) in Dare County, NC.                                                                                 Include ATBCB–2015–0002 in the
                                               (b) Definitions. As used in this                                                                             subject line of the message.
                                             section—                                                                                                          • Facsimile: 202–272–0081.
                                               Designated representative means a                                                                               • Mail/Hand Delivery/Courier: Office
                                             Coast Guard Patrol Commander,                                                                                  of Technical and Information Services,


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Document Created: 2018-01-23 21:35:30
Document Modified: 2018-01-23 21:35:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from January 29, 2018, through March 24, 2018, with alternate dates of March 25, 2018, through May 6, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Matthew Tyson, Waterways Management Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: (910) 772-2221, email: [email protected]
FR Citation83 FR 2910 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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