[Federal Register: February 11, 2004 (Volume 69, Number 28)]
[Rules and Regulations]
[Page 6559-6561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe04-30]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-205]
RIN 1625-AA00
Security Zone; Military Ocean Terminal Sunny Point and Lower Cape
Fear River, Brunswick County, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone at
Military Ocean Terminal Sunny Point (MOTSU), North Carolina. Entry into
or movement within the security zone will be prohibited without
authorization from the Captain of the Port (COTP). This action is
necessary to safeguard the vessels and the facility from sabotage,
subversive acts, or other threats.
DATES: This rule is in effect from 12:01 a.m. e.s.t. on January 13,
2004 to 12:01 a.m. e.d.t. on June 13, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-205 and are available for
inspection or copying at Coast Guard Marine Safety Office, 721 Medical
Center Drive, Suite 100, Wilmington, North Carolina 28401, between 7:30
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Chuck Roskam, Chief Port
Operations (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. The Coast Guard is promulgating this security zone
regulation to protect Military Ocean Terminal Sunny Point, NC, and the
surrounding vicinity from threats to national security. 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, pursuant to 5 U.S.C. 553(b) and
(c), are not required for this regulation.
Background and Purpose
Vessels frequenting the security zone at Military Ocean Terminal
Sunny Point (MOTSU) facility serve as a vital link in the
transportation of military munitions and explosives in support of
Department of Defense missions at home and abroad. This vital
transportation link is potentially at risk to acts of terrorism,
sabotage and other criminal acts. Munitions and explosives laden
vessels also pose a unique threat to the safety and security of the
MOTSU facility, vessel crews, and others in the maritime community and
the surrounding community should the vessels be subject to acts of
terrorism or sabotage, or other criminal acts. The ability to control
waterside access to munitions and explosives laden vessels moored to
the MOTSU facility is critical to national defense and security, as
well as to the safety and security of the MOTSU facility, vessel crews,
and others in the maritime community and the surrounding community.
Therefore, the Coast Guard is establishing this security zone to
safeguard human life, vessels and facilities from sabotage, terrorist
acts or other criminal acts.
Discussion of Rule
The security zone is necessary to protect MOTSU and vessels moored
at the facility, their crews, others in the maritime community and the
surrounding communities from subversive or terrorist attack that could
cause serious negative impact to vessels, the port, or the environment,
and result in numerous casualties. The security zone contains the area
and waters encompassed by a line connecting the northern tip of the
security zone is at 3402.03' N, 07756.60'
W, near Cape Fear River Channel Lighted Buoy 9 (LLNR 30355); extending
south along the shore to 3400.00' N,
07757.25' W, proceeding to the southern most tip of the
zone at 3359.16' N, 07750.00' W, at then
proceeding north to 3400.65' N, 07756.41'
W, at Cape Fear River Channel Lighted Buoy 31 (LLNR 30670 & 39905);
then back to the point of origin at 3402.03' N,
07756.60' W.
No person or vessel may enter or remain in the security zone at any
time without the permission of the Captain of the Port, Wilmington.
Each person or vessel operating within the security zone must obey any
direction or order of the Captain of the Port. The Captain of the Port
may take possession and control of any vessel in a security zone and/or
remove any person, vessel, article or thing from this security zone.
Regulatory Evaluation
This proposed 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).
Although this regulation restricts access to the security zone, the
effect of this regulation will not be significant because: (i) The COTP
or his or her representative may authorize access to the security zone;
(ii) the security zone will be enforced for limited duration; and (iii)
the Coast Guard will make notifications via maritime advisories so
mariners can adjust their plans accordingly.
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 and operators of vessels intending to
transit or anchor in the vicinity of Military Ocean Terminal Sunny
Point. This includes owners and operators of vessels desiring to enter
the security zone.
This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
security zone is not located in an area that would impede commercial or
recreational traffic.
[[Page 6560]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES.
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 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 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, 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. Add Sec. 165.T05-205 to read as follow:
Sec. 165.T05-205 Security Zone: Military Ocean Terminal Sunny Point
and Lower Cape Fear River, NC.
(a) Location. The following area is a security zone: The area and
waters encompassed by a line connecting the following points: the
northern tip of the security zone is at 3402.03' N
07756.60' W near Cape Fear River Channel Lighted Buoy 9
(LLNR 30355); extending south along the shore to
3400.00' N, 07757.25' W proceeding to the
southern most tip of the Zone at 3359.16' N,
07757.00' W then proceeding north to
3400.65' N, 07756.41' W, at Cape Fear
River Channel Lighted Buoy 31(LLNR 30670 & 39905); then back to the
point of origin at 3402.03' N, 07756.60'
W.
(b) Captain of the Port. Captain of the Port means the Commanding
Officer of the Marine Safety Office Wilmington, NC, or any Coast Guard
commissioned, warrant, or petty officer who has been authorized to act
on his or her behalf.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in 33 CFR 165.33.
(2) Persons or vessels with a need to enter into or get passage
within the security zone, must first request authorization from the
Captain of the Port. The Captain of the Port's representative enforcing
the Zone can be contacted on VHF marine band radio, channel 16. The
Captain of the Port can be contacted at (910) 772-2000 or toll free
(877) 229-0770.
(3) The operator of any vessel within or in the immediate vicinity
of this security zone while it is being enforced must:
(i) Stop the vessel immediately upon being directed to do so by the
Captain of the Port or his or her designated representative.
[[Page 6561]]
(ii) Proceed as directed by the Captain of the Port or his or her
designated representative.
(d) Effective period. This section is in effect from 12:01 a.m.
e.s.t., on January 13, 2004, to 12:01 a.m. e.d.t., on June 13, 2004.
Dated: January 13, 2004.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, North
Carolina.
[FR Doc. 04-2986 Filed 2-10-04; 8:45 am]
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