[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Rules and Regulations]
[Pages 41722-41724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17833]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-074]
RIN 1625-AA00


Security Zone; Military Ocean Terminal Sunny Point, Cape Fear 
River, Brunswick County, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone for 
the Military Ocean Terminal Sunny Point, North Carolina. This action is 
necessary to provide security for the facility during a military 
operation. The security zone will prevent access to unauthorized 
persons who may attempt to enter the secure area via the Cape

[[Page 41723]]

Fear River and waters adjacent to Military Ocean Terminal Sunny Point.

DATES: This rule is effective from 8 a.m. EST on June 13, 2003, to 
11:59 p.m. EST on December 13, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-03-074 and are available for 
inspection or copying at Coast Guard Marine Safety Office, 721 Medical 
Center Drive, Suite 100, Wilmington, North Carolina 28401, between 9:30 
a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Diego Benavides, Port Security, 
(910) 772-2232.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. The Coast Guard is promulgating these security zone 
regulations to protect Military Ocean Terminal Sunny Point, NC, and the 
surrounding vicinity for reasons directly related to military 
operations and 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 rulemaking and advance 
publication, pursuant to 5 U.S.C. 553(b) and (d), are not required for 
this regulation. This temporary security zone is necessary to provide 
for the security of the United States.

Background and Purpose

    The security zone will prevent access to unauthorized persons who 
may attempt to enter the secure area via the Cape Fear River and waters 
adjacent to Military Ocean Terminal Sunny Point, NC.

Discussion of Rule

    For security reasons, this rule limits access to the regulated area 
to those vessels and persons authorized to enter and operate within the 
security zone. The Captain of the Port or her designated representative 
may authorize access to the security zone. Mariners must contact the 
control vessel on VHF-FM channel 16 to request access to transit 
through the regulated area. In addition, the Coast Guard will make 
notifications via maritime advisories.

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 regulated area, 
the effect of this regulation will not be significant because: (i) The 
COTP or her representative may authorize access to the security zone; 
(ii) the security zone will be in effect 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 proposed 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, and entering an area encompassed by a line connecting the 
following points: The northern tip of the security zone is at 
34[deg]02'02'' N, 077[deg]56'36'' W near Light 9; extending south along 
the shore to 34[deg]00'00'' N, 077[deg]57'15'' W; proceeding to the 
southern most tip of the zone at 33[deg]59'10'' N, 077[deg]57'0'' W at 
Light 71; and then proceeding north to 34Sec.  00'39'' N, 077[deg]56' 
25'' W at Buoy 31.

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 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 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.

[[Page 41724]]

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.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rule establishes a 6-month security 
zone.

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.T05-074 to read as follows:


Sec.  165.T05-074 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 34[deg]02'02'' N, 
077[deg]56'36'' W near Light 9, extending south along the shore to 
34[deg]00'00'' N, 077[deg]57'15'' W;, proceeding to the southern most 
tip of the zone at 33[deg]59'10'' N, 077[deg]57'0'' W at Light 71; and 
then proceeding north to 34[deg]00'39'' N, 077[deg]56'25'' W at Buoy 
31.
    (b) Captain of the Port. For purposes of this section, 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 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 requiring entry into or passage within the 
zone must first request authorization from the Captain of the Port or 
her designated representative. 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) 231-1847.
    (3) The operator of any vessel within this security zone must:
    (i) Stop the vessel immediately upon being directed to do so by the 
Captain of the Port or her designated representative.
    (ii) Proceed as directed by the Captain of the Port or her 
designated representative.
    (d) Effective period. This section is in effect from 8 a.m. EST, on 
June 13, 2003, to 11:59 p.m. EST, on December 13, 2003.

    Dated: June 13, 2003.
Jane M. Hartley,
Captain, Coast Guard, Captain of the Port, Wilmington, North Carolina.
[FR Doc. 03-17833 Filed 7-14-03; 8:45 am]
BILLING CODE 4910-15-P