Rule2022-14558
Regulated Navigation Area; Oregon Inlet Channel, Marc Basnight Bridge, Dare County, NC
Primary source
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Published
July 8, 2022
Effective
July 8, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary regulated navigational area (RNA) for navigable waters of Oregon Inlet Channel. Due to severe shoaling in the Oregon Inlet Channel, the navigational channel will be moved until shoaling can be mitigated by dredging crews. The new, temporary, channel through the Marc Basnight Bridge may not be suitable for vessels of 100 gross tons (GT) or greater. This temporary RNA is needed to protect personnel, vessels, bridge infrastructure, and the marine environment from potential hazards associated with the transit of vessels 100 GT or greater until the original channel can be restored. Transit of vessels 100 GT or greater through this area is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 130 (Friday, July 8, 2022)</title>
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[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40725-40727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14558]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0466]
RIN 1625-AA11
Regulated Navigation Area; Oregon Inlet Channel, Marc Basnight
Bridge, Dare County, NC
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigational area (RNA) for navigable waters of Oregon Inlet Channel.
Due to severe shoaling in the Oregon Inlet Channel, the navigational
channel will be moved until shoaling can be mitigated by dredging
crews. The new, temporary, channel through the Marc Basnight Bridge may
not be suitable for vessels of 100 gross tons (GT) or greater. This
temporary RNA is needed to protect personnel, vessels, bridge
infrastructure, and the marine environment from potential hazards
associated with the transit of vessels 100 GT or greater until the
original channel can be restored. Transit of vessels 100 GT or greater
through this area is prohibited unless specifically authorized by the
Captain of the Port (COTP) North Carolina or designated representative.
DATES: This rule is effective without actual notice from July 8, 2022,
through June 30, 2023. For purposes of enforcement, actual notice will
be used from July 5, 2022, until July 8, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0466 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard; telephone 910-772-2221, email
<a href="/cdn-cgi/l/email-protection#89e7eae4e8fbe0e7ececffece7fdfac9fcfaeaeea7e4e0e5"><span class="__cf_email__" data-cfemail="09676a64687b60676c6c7f6c677d7a497c7a6a6e27646065">[email protected]</span></a>.
[[Page 40726]]
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
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable due to the safety
hazard associated with the extreme shoaling in this area and shifiting
of the main navigational channel. The potential safety hazards
associated with vessels 100 GT or greater transiting this span of the
Marc Basnight Bridge must be mitigated until the original channel can
be restored. It is impracticable to publish an NPRM and consider the
public comments because we must establish this temporary RNA
immediately in order to address significant shoaling, and protect
vessels, infrastructure, and the marine environment.
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 contrary to public interest because immediate action
is needed to restrict the transit of vessels of 100 GT or greater
through this dangerous span of the Marc Basnight Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The District 5 Commader has
determined that potential hazards associated with vessels 100 GT or
greater transiting the Marc Basnight Bridge in the new, temporary,
Oregon Inlet Channel will be a safety concern to the public. This rule
is needed to protect personnel, vessels, bridge infrastructure, and the
marine environment until the original channel is restored.
IV. Discussion of the Rule
This rule establishes a temporary regulated navigational area for
navigable waters of Oregon Inlet Channel until the original Oregon
Inlet Channel is restored. Due to severe shoaling at Oregon Inlet
Channel, Aids to Navigation Team (ANT) Wanchese established a new
channel which passes from the Oregon Inlet Entrance Channel through
Marc Basnight Bridge temporary navigable span 34 to the west side of
the bridge. The original Oregon Inlet Channel crossing under the Marc
Basnight Bridge (NC-12) at spans 23-31 has been relocated north-west to
span 34, between bents 33 and 34. This temporary span provides vertical
clearance of approximately 37 feet above mean high water and a
horizontal clearance of approximately 146 feet. However, this section
of the bridge is not equipped with fenders to protect the spans from
potential vessel allisisions. This necessicates the restriction of
vessels transiting under this portion of the Marc Basnight Bridge.
Vessels of 100 GT or greater may present a significant hazard to this
section of the bridge. This temporary RNA will be in place until U.S.
Army Corps of Engineers (USACE) crews completes the dredging of the
original Oregon Inlet Channel.
This temporary navigational restriction is needed to protect
personnel, vessels, bridge infrastructure, and the marine environment
from potential hazards associated with the transit of vessels 100 GT or
greater until the original Oregon Inlet Channel can be restored. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the original channel
is being restored. No vessels 100 GT or greater will be permitted to
enter this RNA without first obtaining permission from the Captain of
the Port North Carolina or a designated representative.
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. 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).
This regulatory action determination is based on the size,
duration, and location of the RNA. Most vessel traffic will be able to
safely transit this regulated area. There are only a few vessels of 100
GT or more that transit this area. Vessel traffic is mostly comprised
of vessels smaller than 100 GT. Vessels of 100 GT or more can contact
the Coast Guard for permission to enter the RNA or for alternative
instructions on how to transit the area. The Coast Guard will publish a
notice in the Local Notice to Mariners.
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 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
call or email 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
[[Page 40727]]
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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide 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 RNA
that will prohibit entry of vessels of 100 GT or greater from entering.
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. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0466 to read as follows:
Sec. 165.T05-0466 Regulated navigation area; Oregon Inlet Channel,
Marc Basnight Bridge, Dare County, NC.
(a) Location. The following area is a regulated navigation area
(RNA): Span 34, between bents 33 and 34, of the Marc Basnight Bridge of
the temporary Oregon Inlet Channel between Rodanthe and Nags Head, NC,
in Dare County, NC.
(b) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the following regulations apply to the RNA described in
paragraph (a) of this section.
(1) No vessel 100 GT or greater may enter, stop, moor, transit, or
loiter in the RNA without explicit permission from the Captain of the
Port North Carolina (COTP).
(2) A vessel transiting through the RNA must make a direct passage.
No vessel may stop, moor, anchor, or loiter within the RNA at any time
unless it is engaged or intending to engage in bridge construction work
in the RNA or dredging operations. All movement within the RNA is
subject to a ``Slow-No Wake'' speed limit. No vessel may produce a wake
or attain speeds greater than 5 knots unless a higher minimum speed is
necessary to maintain bare steerageway.
(3) The operator of any vessel transiting in the RNA must comply
with all lawful directions given to them by the COTP or the COTP's on-
scene representative.
(c) Enforcement period. This section will be enforced from July 5,
2022, until June 30, 2023, or until the original Oregon Inlet Channel
is restored. If the COTP determines this section need not be enforced
during these times on a given day, he or she will use marine broadcast
notices to mariners to announce the specific periods when this section
will not be subject to enforcement.
Dated: July 5, 2022.
Shannon Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-14558 Filed 7-7-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.