75050 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

22Regulations Implementing the National 

Environmental Policy Act of 1969, Order No. 486, 

52 FR 47897, FERC Stats. & Regs. ¶ 30,783 (1987). 

23 18 CFR 380.4 (2014). 

24See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 

380.4(a)(27) (2014). 

25 5 U.S.C. 601–612. 

26 13 CFR 121.101 (2013). 

27 13 CFR 121.201, subsection 486. 

28 42.3 percent of the total number of affected 

entities. 

29See the Information Collection section for 

further explanation. 

B. Environmental Analysis 

25. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.22 The Commission has 

categorically excluded certain actions 

from these requirements as not having a 

significant effect on the human 

environment.23 The actions taken here 

fall within categorical exclusions in the 

Commission’s regulations for rules that 

are clarifying, corrective, or procedural, 

for information gathering, analysis, and 

dissemination, and for sales, exchange, 

and transportation of natural gas that 

requires no construction of facilities.24

Therefore, an environmental assessment 

is unnecessary and has not been 

prepared as part of this Final Rule. 

C. Regulatory Flexibility Act 

26. The Regulatory Flexibility Act of 

1980 (RFA) 25 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. RFA mandates consideration of 

regulatory alternatives that accomplish 

the stated objectives of a proposed rule 

and that minimize any significant 

economic impact on a substantial 

number of small entities. The Small 

Business Administration’s (SBA) Office 

of Size Standards develops the 

numerical definition of a small 

business.26 The SBA has established a 

size standard for pipelines transporting 

natural gas stating that a firm is small 

if its annual receipts are less than $27.5 

million.27

27. The changes promulgated here 

only impact interstate pipelines. The 

Commission estimates that 

approximately 165 entities would be 

potential respondents subject to data 

collection FERC–545 reporting 

requirements. Using 2013 revenue data, 

the Commission estimates that 70 28

pipelines not affiliated with larger 

companies had annual revenues of less 

than $27.5 million. The Commission 

estimates that the one-time cost per 

small entity is $1,024.29 In the future, 

small entities should see a cost savings 

related to avoiding filing requirements 

related to system maps. The 

Commission does not consider the 

estimated $1,024 impact per entity to be 

significant. Accordingly, pursuant to 

§ 605(b) of the RFA, the Commission 

certifies that this proposed rule should 

not have a significant economic impact 

on a substantial number of small 

entities. 

D. Document Availability 

28. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://

www.ferc.gov) and in FERC’s Public 

Reference Room during normal business 

hours (8:30 a.m. to 5:00 p.m. Eastern 

time) at 888 First Street NE., Room 2A, 

Washington, DC 20426. 

29. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

30. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours from FERC 

Online Support at (202) 502–6652 (toll 

free at (866) 208–3676) or email at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

E. Effective Date and Congressional 

Notification 

31. These regulations are effective 90 

days after publication in the Federal 

Register. The Commission has 

determined, with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

List of subjects in 18 CFR Part 154 

Reporting and recordkeeping 

requirements. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission shall amend Part 154, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows: 

PART 154—RATE SCHEDULES AND 

TARIFFS 

■ 1. The authority citation for part 154 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w; 31 U.S.C. 

9701; 42 U.S.C. 7102–7352. 

■ 2. Revise § 154.103(a) to read as 

follows: 

§ 154.103 Composition of tariff. 

(a) The tariff must contain sections, in 

the following order: A table of contents, 

a preliminary statement, a uniform 

resource locator for the Internet address 

of a map of the system, currently 

effective rates, composition of rate 

schedules, general terms and 

conditions, form of service agreement, 

and an index of customers. 

* * * * * 

■ 3. Revise § 154.106 to read as follows: 

§ 154.106 Map. 

(a) The tariff must state a uniform 

resource locator on the pipeline’s 

Internet Web site, at which the general 

public may display and download 

system map(s). 

(b) The map must show the general 

geographic location of the company’s 

principal pipeline facilities and of the 

points at which service is rendered 

under the tariff. The boundaries of any 

rate zones or rate areas must be shown 

and the areas or zones identified. The 

entire system should be displayed on a 

single map. In addition, a separate map 

should be provided for each zone. 

(c) The map must be revised to reflect 

any major change no later than the end 

of the calendar quarter that immediately 

follows the calendar quarter in which 

the major change occurred. 

[FR Doc. 2014–29470 Filed 12–16–14; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0987] 

RIN 1625–AA11 

Regulated Navigation Area; Herbert C. 

Bonner Bridge, Oregon Inlet, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; and request 

for comments. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) on the navigable waters of 


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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75051 

Oregon Inlet, NC surrounding the 

Herbert C. Bonner Bridge. This RNA 

will allow the Coast Guard to enforce 

vessel traffic restrictions within the 

RNA when necessary to safeguard 

people and vessels from the hazards 

associated with potential catastrophic 

structural damage that could occur due 

to vessel allisions with the bridge. 

DATES: This rule is effective without 

actual notice on December 17, 2014. For 

the purposes of enforcement, actual 

notice will be used from November 25, 

2014 until December 17, 2014. 

Comments and related material must 

be received by the Coast Guard on or 

before February 17, 2015. 

Requests for public meetings must be 

received by the Coast Guard on or before 

January 16, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of Docket Number 

USCG–2014–0987. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may submit comments, identified 

by docket number, using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Derek Burrill, Waterways 

Management Division Chief, U.S. Coast 

Guard Sector North Carolina, telephone 

(910) 772–2230, email Derek.J.Burrill@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

RNA Regulated Navigation Area 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

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. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on ‘‘Submit 

a Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this rulemaking. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before January 16, 2015, 

using one of the methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

B. Regulatory History and Information 

The Coast Guard is issuing this 

interim final 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. Immediate action is necessary to 

protect the maritime public who transit 

Oregon Inlet and motorists that use the 

Herbert C. Bonner bridge. Vessel strikes 

to the Herbert C. Bonner Bridge could 

cause catastrophic damage to the bridge 

makes immediate action necessary to 

minimize the risk of potential loss of 

life, damage to the bridge, and the 

impact on access to Hatteras Island. 

Accordingly, waiting for a comment 


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period to run is impractical as it would 

expose the public to a longer danger 

period. 

The particular facts about the Bonner 

Bridge and the waterway require special 

vessel traffic control measures. A bridge 

strike by a vessel could cause 

catastrophic damage to the bridge, 

impacting motorists, mariners, local 

businesses and residents of Hatteras 

Island, NC. The North Carolina 

Department of Transportation (NC DOT) 

indicates that the Bonner Bridge has a 

very low sufficiency rating. Sufficiency 

rating is an overall rating of a bridge’s 

fitness for the duty that it performs. In 

addition, recent hydrographic survey 

data reports indicate shoaling is present 

in the vicinity of the navigation span. 

When such shoaling is present, the 

Coast Guard has observed vessels 

attempting to transit through alternate 

spans of the Herbert C. Bonner Bridge. 

Transiting through alternate spans is 

hazardous as they are not intended for 

navigation. The un-fendered or 

unprotected structural components of 

the bridge among these spans are more 

vulnerable to damage caused by a vessel 

strike, increasing the risk of consequent 

catastrophic damage. 

For the same reasons as discussed 

about, 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. 

C. Basis and Purpose 

This rulemaking is authorized by 33 

U.S.C. 1231; 46 U.S.C. Chapter 701, 

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; and DHS 

Delegation No. 0170.1. Under these 

authorities the Coast Guard may 

establish an RNA in defined water areas 

that are determined to have hazardous 

conditions and in which vessel traffic 

can be regulated in the interest of safety. 

The purpose of this RNA is to reduce 

the risk of a bridge strike resulting from 

a vessel transiting through alternative 

spans of the Herbert C. Bonner Bridge, 

which are not intended for navigation. 

A bridge strike to un-fendered or 

unprotected structural elements of the 

Bonner Bridge would introduce a clear 

and present danger to stability of the 

bridge, motorists, mariners, and indirect 

impacts on local businesses and 

residents of Hatteras Island, NC. 

U.S. Army Corps of Engineers 

(USACE) hydrographic survey data 

provide to the Coast Guard over the past 

two years indicates shoaling to depths 

of less than 3 feet at mean low water 

within the approaches to the Bonner 

Bridge on a frequently occurring basis. 

When shoaling is present in the vicinity 

of the navigation span, vessels attempt 

to transit through alternate spans. 

Transiting through alternate spans is 

hazardous. Mariners transiting near and 

through the unprotected structural 

components increase the potential of a 

bridge strike; these spans do not have 

fenders or other mechanisms to protect 

the bridge from vessel strikes. Vessels 

that transit alternate bridge spans risk 

safe navigation as there are no 

advertised vertical and horizontal 

clearances in these areas. 

The Coast Guard has also considered 

the North Carolina Department of 

Transportation (NC DOT) recent 

biennial bridge inspection in 

accordance with National Bridge 

Inspection Standards (NBIS) for the 

Herbert C. Bonner Bridge. This report 

takes into account the substructure and 

superstructure inspections along with 

analysis of the maritime navigational 

and motor vehicle concerns. The report 

noted weakened pile supports as a 

result of section loss and substructure 

erosion to the point of showing exposed 

rebar. Information provided to the Coast 

Guard by NC DOT indicates that the 

Herbert C. Bonner Bridge has a very low 

sufficiency rating. Due to the dynamic 

nature of Oregon Inlet waterway, 

frequent dredging and realignment of 

the approach channel east of the bridge 

have become routine. Passage of 

hurricanes and strong low pressure 

systems, i.e. Nor’easters exacerbate tidal 

current and the seasonal fluctuations of 

the inlet’s water depths. Maintenance of 

adequate depth and adequate channel 

alignment is a temporary measure that 

typically provides for safe vessel 

navigation for a very limited time period 

for safe vessel navigation. Maintenance 

dredging of the Federal Navigation 

Project is dependent on available 

funding, marine weather dredging 

windows, and channel condition 

surveys. Because many of these factors 

are uncontrollable, dredging operations 

are not regularly scheduled 

maintenance activities. 

The Herbert C. Bonner Bridge is the 

only vehicular access to Hatteras Island 

for residents, commercial vendors, and 

business owners transiting from Nags 

Head-Bodie Island to Hatteras Island. 

The Bonner Bridge is subject to heavy 

traffic volume, particularly during the 

summer tourist season. Risks to the lives 

of mariners, vehicle motorist and 

passengers, have been considered in the 

development of this rulemaking. 

D. Discussion of the Interim Rule 

To address the aforementioned 

hazards, this rule will establish 

restrictions for the Oregon Inlet 

waterway by prohibiting vessels with 

certain characteristics from transiting 

under or within 100 yards either side of 

the Herbert C. Bonner Bridge. The Coast 

Guard invites comments and will 

consider comments in development of a 

final regulation. This RNA will be 

effective with actual notice for purposes 

of enforcement on November 25, 2014. 

The restrictions for navigation will be 

enforceable 24 hours a day as long as 

this RNA is in effect. The Coast Guard 

will enforce the restriction, however, 

only when necessary to protect people 

and vessels from hazards. As indicated 

above, the Coast Guard expects to 

restrict marine traffic if there is shoaling 

that impacts safe vessel transit through 

the navigation span, or there is damage 

to the bridge that presents a hazard to 

people and vessels. 

There are alternate routes for vessels 

bound for Oregon Inlet, North Carolina 

and inland waterfront communities, 

including Wanchese, NC. Those 

alternate routes include transiting 

through Beaufort Inlet or Chesapeake 

Bay and the Atlantic Intracoastal 

Waterway and Sounds of North 

Carolina. The distance from Oregon 

Inlet Lighted Whistle Buoy ‘‘OI’’ to 

Wanchese, North Carolina via Beaufort 

Inlet, the Atlantic Intracoastal Waterway 

and Pamlico Sound is approximately 

190 nautical miles. The distance from 

Oregon Inlet Lighted Whistle Buoy ‘‘OI’’ 

to Wanchese, North Carolina via 

Chesapeake Bay, the Atlantic 

Intracoastal Waterway and Albemarle 

Sound is approximately 200 nautical 

miles. 

Whenever it is determined that a 

waterway restriction for Oregon Inlet is 

necessary, the Coast Guard will provide 

the public with as much advanced 

notice as possible of the closure dates 

and times. Such notice will be readily 

provided via http://homeport.uscg.mil/, 

Local Notice to Mariners, Broadcast 

Notice to Mariners, and other methods 

described in 33 CFR 165.7. 

E. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 


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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75053 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

This regulation will restrict access 

within the Regulated Navigation Area at 

Oregon Inlet and the Herbert C. Bonner 

Bridge, the effect of this rule will not be 

significant because: (i) The Coast Guard 

will make extensive notifications of the 

regulated area to the maritime public via 

maritime advisories so mariners can 

adjust their plans accordingly; and (ii) 

vessels impacted by this regulation may 

request permission from Commander 

Coast Guard Sector North Carolina/

COTP North Carolina to transit the 

regulated area on a case by case basis. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during 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. The regulation 

may have an economic impact on 

vessels that normally transit Oregon 

Inlet. These small entities are primarily 

commercial and recreational fishing 

vessels. Operation of vessels of certain 

characteristics in this RNA will be 

prohibited from transiting Oregon Inlet 

by the Captain of the Port (COTP) or 

designated representative when 

shoaling in the vicinity of the Herbert C. 

Bonner Bridge creates unsafe condition 

for vessels. The potential risk of loss of 

life, damage to the bridge, and the 

impact on access to Hatteras Island 

outweighs the benefits of permitting 

navigation in the vicinity or under the 

Bonner Bridge. 

Although the Oregon Inlet area is 

used by many small entities, including 

commercial and recreational fishing 

businesses, alternate routes are available 

to vessels. The Coast Guard will make 

extensive notifications of the regulated 

navigation area to the maritime public 

via maritime advisories so mariners can 

adjust their plans accordingly; and in 

extreme circumstances, vessels 

prohibited from entry may request 

permission from Commander Coast 

Guard Sector North Carolina/COTP 

North Carolina to transit the RNA on a 

case by case basis. 

3. Assistance for Small Entities 

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, above. 

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. 

4. 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). 

5. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

6. 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. 

7. 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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(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 


tkelley on DSK3SPTVN1PROD with RULES
75054 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

establishment of a Regulated Navigation 

Area. This rule is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. Preliminary environmental 

analysis checklist supporting this 

determination and Categorical 

Exclusion Determination are available 

in the docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures and 

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. 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.520 to read as follows: 

§ 165.520 Regulated Navigation Area; 

Herbert C. Bonner Bridge, Oregon Inlet, NC. 

(a) Regulated area. The following area 

is a Regulated Navigation Area (RNA): 

All navigable waters of Oregon Inlet, 

North Carolina within 100 yards under 

or surrounding any portion of the 

Herbert C. Bonner Bridge. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port means the 

Captain of the Port (COTP) North 

Carolina. 

(2) Captain of the Port Representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

North Carolina to act as a designated 

representative of the COTP. 

(3) Official patrol vessel means any 

Coast Guard, Coast Guard Auxiliary, 

state, or local law enforcement vessel(s) 

assigned and authorized by COTP North 

Carolina. 

(c) Regulations. (1) The general 

regulations governing Regulated 

Navigation Areas found in 33 CFR 

165.10, 165.11, and 165.13, including 

the Regulated Navigation Area 

described in paragraph (a) of this 

section and the following regulations, 

apply. 

(2) Operation of vessels of certain 

characteristics in this RNA will be 

prohibited by the Captain of the Port 

(COTP) or designated representative in 

order to safeguard people and vessels 

from the hazards associated with 

shoaling and the Herbert C. Bonner 

Bridge from the potential catastrophic 

structural damage that could occur from 

a vessel bridge strike. The COTP or 

designated representative will evaluate 

local marine environmental conditions 

prior to issuing restrictions regarding 

vessel navigation. Factors that will be 

considered include, but are not limited 

to: Hydrographic survey data, vessel 

characteristics such as displacement, 

tonnage, length and draft, current 

weather conditions including visibility, 

wind, sea state, and tidal currents. 

(3) The Coast Guard will notify the 

public of restrictions via Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and via other methods described in 33 

CFR 165.7. Additionally, Coast Guard 

personnel may be on-scene to advise the 

public of enforcement of any restrictions 

on vessel navigation within the RNA. 

(4) In accordance with the general 

regulations, entry into, anchoring, or 

movement within the RNA, during 

periods of enforcement, is prohibited 

unless authorized by the Captain of the 

Port (COTP) or the COTP’s on-scene 

designated representative. The ‘‘onscene designated representative’’ of the 

COTP is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the COTP 

to act on the COTP’s behalf. The onscene representative may be on a Coast 

Guard vessel; State agency vessel, or 

other designated craft; or may be on 

shore and will communicate with 

vessels via VHF–FM marine band radio 

or loudhailer. Members of the Coast 

Guard Auxiliary may be present to assist 

COTP representatives with notification 

of vessel operators regarding the 

contents of this regulation. 

(5) Any deviation from paragraph 

(c)(4) of this section due to extreme 

circumstances must be authorized by 

the Coast Guard District Commander, 

the Captain of the Port (COTP) or the 

COTP’s designated representative. 

Vessels granted permission to transit the 

RNA must do so in accordance with the 

directions provided by the COTP or 

COTP representative to that vessel. To 

request permission to transit the 

regulated navigation area, the COTP or 

COTP representative can be contacted at 

Coast Guard Sector North Carolina, 

telephone number (910) 343–3880, or on 

VHF–FM marine band radio channel 13 

(165.65MHz) or channel 16 (156.8 

MHz). During periods of enforcement, 

all persons and vessels given permission 

to enter or transit within the RNA must 

comply with the instructions of the 

COTP or designated representative. 

Upon being hailed by an official patrol 

vessel by siren, radio, flashing-light, or 

other means, the operator of a vessel 

must proceed as directed. 

(d) Enforcement. The Coast Guard 

may be assisted in the patrol and 

enforcement of the Regulated 

Navigation Area by other Federal, State, 

and local agencies. The COTP may 

impose additional requirements within 

the RNA due to unforeseen changes to 

shoaling of Oregon Inlet or structural 

integrity of the Herbert C. Bonner 

Bridge. 

(e) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

date, time and duration of any closure 

of the RNA. Violations of this RNA may 

be reported to the COTP at (910) 343– 

3880 or on VHF–FM channel 16. 

Dated: November 25, 2014. 

Stephen P. Metruck, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2014–29589 Filed 12–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0040] 

RIN 1625–AA87 

Revision of Safety/Security Zone 

Regulations; 2014 Tampa Bay; Captain 

of the Port St. Petersburg Zone, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

consolidating three security zone 

regulations into one regulation. In 

addition, the Coast Guard is 

disestablishing two safety zone 

regulations and converting those safety 

zones into security zones for all 

navigable waterways of Big Bend, Boca 

Grande, Crystal River, East Bay, 

Hillsborough Bay, MacDill Air Force 

Base, Manbirtee Key, Old Port Tampa, 

Port Manatee, Port Tampa, Port St. 

Petersburg, Port Sutton, Rattlesnake, 

and Weedon Island, FL. The purpose of 

these revisions is to ensure the security 

of vessels, facilities, and the 

surrounding areas within these zones. 

Entry into the area encompassed by 

these security zones is prohibited 

without permission of the Captain of the 

Port St. Petersburg or a designated 

representative. 


tkelley on DSK3SPTVN1PROD with RULES