[Federal Register: July 13, 2004 (Volume 69, Number 133)]
[Rules and Regulations]
[Page 41944-41946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy04-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-167]
RIN1625-AA00
Safety Zone: Atlantic Intracoastal Waterway and Connecting
Waters, Vicinity of Marine Corps Base Camp Lejeune, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending safety Zone regulations for the
Atlantic Intracoastal Waterway (AIWC) and connecting waters, in the
vicinity of Marine Corps Base Camp Lejeune, North Carolina. The
amendment provides for closures of the AICW of up to 4 hours. The
amendment also revises contact phone numbers for Marine Safety Office
Wilmington listed in the regulation.
DATES: This rule is effective as of August 12, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-03-167 and are available for inspection or
copying at Coast Guard Marine Safety Office, 721 Medical Center Drive
Suite 100, Wilmington, NC, 38401 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) 772-2207.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 18, 2004 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: Atlantic Intracoastal Waterway, vicinity
of Marine Corps Base Camp Lejeune, North Carolina in the Federal
Register (69 FR 12812). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.
[[Page 41945]]
Background and Purpose
The existing regulations do not account for live firing of weapons
from Naval vessels located offshore on the Atlantic Ocean. Projectiles
from these live fire operations sometimes travel across the AICW to the
impact area on Camp Lejeune. Current Naval weapons training and
ammunition certification requirements necessitate extended periods of
live fire. AICW closure periods longer than those currently specified
in the existing regulations are necessary to ensure the safety of
vessesls in this area and facilitate military training and ammunition
certification processes.
This regulation includes a revision of 33 CFR 165.514(c)(2) and the
addition of 33 CFR 165.514(c)(3) allowing for closure of the AICW for
periods of up to 4 hours for Naval gunnery live fire exercises. This
regulation also revises the contact number for the COTP at the Marine
Safety Office Wilmington in 33 CFR 165.514(d).
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This rule only affects a small portion, less
than two miles, of the AICW in North Carolina. This rule has 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 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. 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. Also, on average, a
very small amount of recreational traffic travels this portion 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
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 will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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.
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
[[Page 41946]]
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 M16475.1D,
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, 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.
0
2. In Sec. 165.514 amend paragraph (b) by adding the paragraph heading
``Regulations.'' immediately before the word ``Notwithstanding'', amend
paragraph (c) by adding the paragraph heading ``General Information.''
immediately before ``(1) The COTP Wilmington'', amend paragraph (c)(1)
by adding the paragraph heading ``Announcements.'' immediately before
the words ``The COTP Wilmington'', revise paragraphs (c)(2) and (d),
and add paragraph (c)(3) to read as follows:
Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and
connecting waters, vicinity of Marine Corps Base Camp Lejeune, North
Carolina.
* * * * *
(b) Regulations. * * *
(c) General information.
(1) Announcements. * * *
(2) Camp Lejeune Artillery Operations. Artillery weapons firing
over the AICW from Marine Corps Base Camp Lejeune will be suspended and
vessels permitted to transit the specified 2-nautical-mile firing area
for a 1-hour period beginning at the start of each odd-numbered hour
local time (e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified
firing area unless it will be able to complete its transit of the
firing area before firing exercises are scheduled to re-start.
(3) Atlantic Ocean Naval Gunnery live fire operations. Naval
gunnery live fire operations over the AICW from off shore on the
Atlantic Ocean may be conducted for periods not to exceed 4 hours, then
suspended and vessels permitted to transmit the specified two-mile
firing area for a minimum of one hour before firing may resume. A
vessel may not enter the specified firing area unless it will be able
to complete its transit of the firing area before firing exercises are
scheduled to re-start.
(d) Contact information. U.S. Navy safety vessels may be contacted
on VHF marine band radio channels 13 (156.65 MHz) and 16 (156.8 MHz).
The Captain of the Port may be contacted at the Marine Safety Office
Wilmington, NC by telephone at 1 (877) 229-0770 or (910) 770-2200.
Dated: June 22, 2004.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 04-15847 Filed 7-12-04; 8:45 am]
BILLING CODE 4910-15-P