[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Rules and Regulations]
[Page 13756-13758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr08-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2008-0061]
RIN 1625-AA11
Regulated Navigation Areas: Cape Fear River, Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) on the waters of the Cape Fear River, Wilmington, NC. This action
is necessary to minimize the potential risk of allision to the USS
NORTH CAROLINA, a United States Navy submarine, while moored at the
North Carolina State Port, Wilmington, NC. This rule will enhance the
safety of vessels transiting this area of the Cape Fear River during
the period of reduced horizontal clearance.
DATES: This rule is effective from 8 a.m. on April 25, 2008, through 8
p.m. on May 7, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0061 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
FOR FURTHER INFORMATION CONTACT: If you have questions concerning this
rule, phone CWO4 Stephen Lyons, Waterways Management Division Chief,
Sector North Carolina, at (252) 247-4525.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The USS NORTH CAROLINA will be moored in the Cape Fear
River, Wilmington, North Carolina for an official United States Navy
commissioning ceremony. As the ceremony is a military function within
the meaning of 5 U.S.C. 553(a)(1), the Coast Guard will not conduct a
notice and comment period for this temporary final rule.
[[Page 13757]]
Background and Purpose
The USS NORTH CAROLINA, a United States Navy submarine, will be
moored at the port in Wilmington, North Carolina Cape Fear River, in
preparation for the Navy's commissioning ceremony of the submarine.
This rule provides for the safety and security of a U.S. Navy submarine
and vessels transiting past it while it is moored in close proximity to
the shipping channel at the North Carolina State Port, Wilmington, NC.
This action is necessary to protect the USS NORTH CAROLINA and prevent
vessels 300 gross tons or more and all tugs and tows with a combined
tonnage of 300 gross tons or more from alliding with the submarine due
to a loss of steering or propulsion, other mechanical failure, or human
error.
Discussion of Rule
The RNA will encompass the waters of the Cape Fear River from 1
nautical mile south of the North Carolina State Port, Wilmington, NC,
to 1 nautical mile north of the North Carolina State Port, Wilmington,
NC. Each operator of a vessel of 300 gross tons or more or a tug and
tow with a combined tonnage of 300 gross tons or more that intends to
enter the RNA shall:
(i) Ensure they have sufficient propulsion and directional control
to safely navigate the RNA under prevailing conditions,
(ii) Make the necessary arrangements and be escorted through the
RNA by a tug with sufficient horsepower to arrest and control their
vessel or tug and tow in the event of a steering, propulsion, or other
casualty,
(iii) Ensure they do not meet or overtake any other vessel of 300
gross tons or more or a tug and tow with a combined tonnage of 300
gross tons or more in the RNA, and
(iv) Obtain authorization from the Captain of the Port, Cape Fear
River. To seek permission to transit the area, the Captain of the Port,
Cape Fear River can be contacted via Sector North Carolina at telephone
number (252) 247-4570. If permission is granted, all persons and
vessels must comply with the instructions of the Captain of the Port,
Cape Fear River and proceed at the minimum speed necessary to maintain
a safe course while transiting the RNA.
The Captain of the Port, Cape Fear River by the direction of the
District Commander, may grant waivers upon request, and authorize a
deviation from any part of this regulation if it is found that the
proposed operation can be done safely. A request for a wavier and or
deviation must be submitted in writing and received not less than 24
hours before the intended operation and must state specifically why
this action is necessary.
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. The limited amount of time this RNA will
be in place and the need to protect the public while the USS NORTH
CAROLINA is moored in the Cape Fear River prompts the Coast Guard to
promulgate this temporary final rule.
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
would not have a significant economic impact on a substantial number of
small entities.
The Coast Guard expects the economic impact of this rule to be
minimal. Although this regulation will restrict movement in the
regulated area, the effect of this rule will not be significant
because: (i) The regulated navigation area will be in effect for a
limited duration of time and (ii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
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.
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.
Collection of Information
This rule would call 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
[[Page 13758]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
Checklist'' 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.
Regulatory Text
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, 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 temporary Sec. 165.T05-007 to read as follows:
Sec. 165.T05-007 Regulated Navigation Area; Cape Fear River,
Wilmington North Carolina
(a) Definitions. For the purposes of enforcing the temporary RNA
for the location identified in paragraph (b) of this section, a
Designated Representative means a Coast Guard commissioned, warrant or
petty officer who has been authorized by the COTP Cape Fear River to
act on his behalf.
(b) Location. The following area is a regulated navigation area:
Waters of the Cape Fear River, from surface to bottom, encompassed by
latitude 34[deg] 10''N thence north to the Cape Fear Memorial Bridge.
(c) Regulations. (1) The general regulations governing regulated
navigation areas found in Sec. 165.13 of this part apply to the
regulated navigation area described in paragraph (b) of this section.
(2) All persons are required to comply with the general regulations
governing this regulated navigation area (RNA).
(3) This rule provides for the safety of a U.S. Navy submarine and
vessels transiting past it while it is moored in close proximity to the
shipping channel at the North Carolina State Port, Wilmington, NC. This
action is necessary to protect the USS NORTH CAROLINA and prevent
vessels 300 gross tons or more and all tugs and tows with a combined
tonnage of 300 gross tons or more from alliding with the submarine due
to a loss of steering or propulsion, other mechanical failure, or human
error.
(4) The RNA will encompass the waters of the Cape Fear River from 1
nautical mile south of the North Carolina State Port, Wilmington NC to
1 nautical mile north of the North Carolina State Port, Wilmington, NC.
Each operator of a vessel of 300 gross tons or more or a tug and tow
with a combined tonnage of 300 gross tons or more that intends to enter
the RNA shall:
(i) Ensure that they have sufficient propulsion and directional
control to safely navigate the RNA under prevailing conditions,
(ii) Make the necessary arrangements and be escorted through the
RNA by a tug with sufficient horsepower to arrest and control their
vessel or tug and tow in the event of a steering, propulsion, or other
casualty,
(iii) Ensure they do not meet or overtake any other vessel of 300
gross tons or more or a tug and tow with a combined tonnage of 300
gross tons or more in the RNA, and
(iv) Obtain authorization from the Captain of the Port, Cape Fear
River. To seek permission to transit the area, the Captain of the Port,
Cape Fear River can be contacted via Sector North Carolina at telephone
number (252) 247-4570. If permission is granted, all persons and
vessels must comply with the instructions of the Captain of the Port,
Cape Fear River and proceed at the minimum speed necessary to maintain
a safe course while transiting the RNA.
(5) The Captain of the Port, Cape Fear River by the direction of
the District Commander, may grant waivers upon request, and authorize a
deviation from any part of this regulation if it is found that the
proposed operation can be done safely. A request for a wavier and or
deviation must be submitted in writing and received not less than 24
hours before the intended operation and must state specifically why
this action is necessary.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 8 a.m.
on April 25, 2008 through 8 p.m. May 7, 2008.
Dated: February 20, 2008.
F.M. Rosa,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-5126 Filed 3-13-08; 8:45 am]
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