[Federal Register: June 28, 2004 (Volume 69, Number 123)]
[Rules and Regulations]
[Page 36014-36016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn04-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-105]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway, Bogue Sound, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Atlantic Intracoastal Waterway (AIWW) in the vicinity of Marine Corps
Base Camp Lejeune, NC. Naval gunfire will be conducted crossing the
AIWW from offshore in the vicinity of the 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 AIWW 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 June 07, 2004, until 8
a.m. on July 16, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-105 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 Charles A. Roskam II, Chief, Port
Operations, USCG Marine Safety Office Wilmington, telephone number
(910) 772-2200 or toll free (877) 229-0770.
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. Accordingly, based on the military function exception
set forth in the Administrative Procedure Act, 5 U.S.C. 553(a)(1),
notice and comment rule-making and advance publication are not required
for this regulation.
Additionally, 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
AIWW in the specified area at the specified times when the naval
gunfire will be conducted crossing the AIWW.
Background and Purpose
Naval gunfire operations will be conducted crossing the AIWW from
offshore on the Atlantic Ocean in the vicinity of the N-1/BT3 impact
area and impacting areas in Camp Lejeune from 8 a.m. on June 04, 2004,
until 8 a.m. on July 16, 2004. This safety zone will be in effect to
ensure the safety of persons and vessels operating on the AIWW in this
area.
Discussion of Rule
The safety zone will cover all waters of the AIWW, from bank to
bank, extending from Bogue Sound-New River Daybeacon 58 (LLNR 39210)
southeast to Bogue Sound-New River Light 64 (LLNR 39230) during periods
of naval gunfire operations. Projectiles from the gunfire operations
will travel across the AIWW to the impact area on Camp Lejeune. This
safety zone will be in effect to ensure the safety of persons and
vessels operating on the AIWW 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 AIWW in North Carolina for a limited time. The proposed
regulations have been 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
[[Page 36015]]
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
would 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 AIWW from 8 a.m. on June 04, 2004 until 8
a.m. on July 16, 2004. 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 AIWW.
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 Charles A. Roskam II, Chief Port Operations, USCG Marine Safety
Office Wilmington at (910) 772-2200 or toll free (877) 229-0770.
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.
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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect 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 would 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 would 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
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 record
keeping 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, 195; 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
[[Page 36016]]
0
2. Add temporary Sec. 165.T05-105 to read as follows:
Sec. 165.T05-105 Safety zone; Atlantic Intracoastal Waterway, Bogue
Sound, NC.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Intracoastal Waterway, extending from Bogue Sound-New
River Daybeacon 58 (LLNR 39210) southeast to Bogue Sound-New River
Light 64 (LLNR 39230), Nautical Chart 11541, Intracoastal Waterway-NC-
Neuse River to Myrtle Grove Sound.
(b) Captain of the Port. Captain of the Port means the Commanding
Officer of the Marine Safety Office Wilmington, North Carolina, or any
Coast Guard Commissioned, Warrant, or Petty Officer who has been
authorized by the Captain of the Port to act on his/her behalf.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port. All vessel movement
within the safety zone will be prohibited except as specifically
authorized by the Captain of the Port. The general requirements of
Sec. 165.23 also apply to this regulation.
(2) Red warning flags or red warning lights will be displayed on
towers located at both ends of the safety zone while firing exercises
are in progress. The flags or lights will be displayed by 8 a.m. each
day that this regulation is in effect, and will be removed at the end
of firing exercises.
(3) A Coast Guard or Navy vessel will patrol each end of the safety
zone to ensure the public is aware that firing exercises are in
progress and that the firing area is clear of vessel traffic before
weapons are fired.
(4) Vessels requiring entry into or passage through any portion of
the safety zone must first request authorization from the Captain of
the Port or the Coast Guard or U.S. Navy vessel on-scene. The Captain
of the Port can be contacted at telephone number (800) 325-4965. The
Coast Guard or U.S. Navy vessel may be contacted by radio on VHF Marine
Band Radio, channels 13 (156.65 MHz) and 16 (156.8 MHz)
(d) Effective period: This regulation will be enforced from 8 a.m.
on June 07, 2004, until 8 a.m. on July 16, 2004.
(e) The Captain of the Port will notify the public of changes in
the status of this safety zone by Marine Safety Radio Broadcast on VHF
Marine Band Radio, Channel 22 (157.1 MHz).
Dated: June 7, 2004.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 04-14561 Filed 6-25-04; 8:45 am]
BILLING CODE 4910-15-P