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

document is issued under authority of 

33 U.S.C. 1223 and 5 U.S.C. 552. 

II. 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. 

All previously published documents 

mentioned in this document along with 

all public comments will be in our 

online docket at http://

www.regulations.gov and can be viewed 

by following that website’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. 

Dated: January 12, 2018. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2018–00894 Filed 1–19–18; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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: Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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. 


ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 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°46′23′′ N, 75°32′18′′ W, thence 

southeast to 35°46′18′′ N, 75°32′12′′ W, 

thence southwest to 35°46′16′′ N, 

75°32′16′′ W, thence northwest to 

35°46′20′′ N, 75°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 


ethrower on DSK3G9T082PROD with RULES
2912 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

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 

■ 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. 

■ 2. Add § 165.T05–0964 to read as 

follows: 

§ 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°46′23′′ N, 75°32′18′′ W, thence 

southeast to 35°46′18′′ N, 75°32′12′′ W, 

thence southwest to 35°46′16′′ N, 

75°32′16′′ W, thence northwest to 

35°46′20′′ N, 75°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 

§ 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 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1194 

[Docket No. ATBCB–2015–0002] 

RIN 3014–AA37 

Information and Communication 

Technology (ICT) Standards and 

Guidelines 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (we, Access Board, or Board) is 

issuing this direct final rule to amend its 

regulations addressing accessibility 

requirements for information and 

communication technology to correct 

several inadvertent drafting errors in a 

final rule published in the Federal 

Register on January 18, 2017. 

Specifically, this direct final rule 

corrects two typographical errors and 

the unintentional deletion of 

longstanding requirements for TTY 

compatibility and functionality that 

have been in place for nearly two 

decades. These minor amendments 

neither establish new substantive 

accessibility requirements, nor impose 

any costs on regulated entities. The 

Access Board is issuing these 

amendments directly as a final rule 

because we believe they are 

noncontroversial, unlikely to receive 

adverse comment, and will prevent 

confusion. 

DATES: This direct final rule is effective 

March 23, 2018, without further action, 

unless adverse comment is received by 

February 21, 2018. If timely adverse 

comment is received, the Access Board 

will publish a notification of 

withdrawal of the rule in the Federal 

Register before the effective date. Such 

notification may withdraw the direct 

final rule in whole or in part. 

ADDRESSES: Submit comments by any 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

The identifier for this docket is ATBCB– 

2015–0002. 

• Email: docket@access-board.gov. 

Include ATBCB–2015–0002 in the 

subject line of the message. 

• Facsimile: 202–272–0081. 

• Mail/Hand Delivery/Courier: Office 

of Technical and Information Services, 


ethrower on DSK3G9T082PROD with RULES