[Federal Register: December 2, 2003 (Volume 68, Number 231)]
[Rules and Regulations]
[Page 67371-67372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-181]
RIN 1625-AA00
Safety Zone; Bogue Sound, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in the Atlantic
Intracoastal Waterway (AICW) in the vicinity of Marine Corps Base Camp
Lejeune, NC. Naval gunfire will be conducted crossing the AICW from
offshore in the vicinity of N-1/BT3 impact area and impacting areas in
Camp Lejeune. This safety zone is needed to ensure the safety of
persons and vessels operating on the AICW in this area during the
specified periods. Entry into this safety zone is prohibited unless
authorized by the Captain of the Port or his/her designated
representative.
DATES: This rule is effective from 8 a.m. on December 4, to 6 p.m. on
December 11, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-181 and are available for
inspection or copying at Coast Guard Marine Safety Office Wilmington,
721 Medical Center Drive, Wilmington, NC 28401 between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Chuck Roskam, Chief, Port
Operations, USCG Marine Safety Office Wilmington, telephone number
(910) 772-2207.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing an NPRM and delaying the effective date of
this rule would be contrary to the public interest since immediate
action is necessary to minimize potential danger to the public and
required to ensure the safety of persons and vessels operating on the
AICW in this area at the times specified.
Background and Purpose
Naval gunfire will be conducted crossing the AICW and impacting
areas in Camp Lejeune from 8 a.m. to 12 p.m. and 2 p.m. to 6 p.m. on
December 4, 5, 10 & 11, 2003. The Safety Zone is in effect to ensure
the safety of persons and vessels operating on the AICW in this area.
Discussion of Rule
The safety zone will cover the AICW extending from Bogue Sound-New
River Daybeacon 58 (LLNR 39210) southeast to Bogue Sound-New River
Light 64 (LLNR 39230). This safety zone will be in effect to ensure the
safety of persons and vessels operating on the AICW in this area. Entry
into this safety zone is prohibited unless authorized by the Captain of
the Port or his/her designated representative. A Coast Guard or U.S.
Navy vessel will patrol each end of the Safety Zone to ensure that the
public is aware that the firing exercises are in progress and that the
firing area is clear of traffic before firing commences.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). This rule only affects a small portion, less than two
miles, of the AICW in North Carolina for a limited time. The regulation
is tailored in scope to impose the least impact on maritime interests,
yet provide the level of safety necessary for such an event.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the AICW from 8 a.m. to 12 p.m. and 2 p.m. to
6 p.m. on December 4, 5, 10 & 11, 2003. The Coast Guard expects a
minimal economic impact on a substantial number of small entities due
to this rule because little commercial traffic transits this area of
the AICW.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
Entities requesting guidance or exemption from this rule may contact
LCDR Chuck Roskam, Chief, Port Operations, USCG Marine Safety Office
Wilmington at (910) 772-2207.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
[[Page 67372]]
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. From 8 a.m. on December 4, to 6 p.m. on December 11, 2003, in Sec.
165.514, temporarily suspend paragraph (c)(2) and add a new paragraph
(c)(3).
Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and
connecting waters, vicinity of Marine Corps Base Camp Lejeune, North
Carolina.
* * * * *
(c) * * *
(3) The Safety Zone in paragraph (a) of this section will be
enforced from 8 a.m. to 12 p.m. and 2 p.m. to 6 p.m. each day on
December 4, 5, 10 & 11, 2003.
* * * * *
Dated: November 21, 2003.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 03-29926 Filed 12-1-03; 8:45 am]
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