[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Rules and Regulations]
[Pages 48284-48286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20653]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Wilmington 03-117]
RIN 1625-AA00


Safety Zone; Bogue Sound, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is enacting a temporary Safety Zone in the 
Atlantic Intracoastal Waterway (AICW) in the vicinity of Marine Corps 
Base Camp Lejeune, NC. Naval gunfire will be conducted crossing the 
AICW from offshore in the vicinity of N-1/BT3 impact area and impacting 
areas in Camp Lejeune during dates and times as specified below. This 
safety zone is needed to ensure the safety of persons and vessels 
operating on the AICW 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 12 p.m. on August 15, 2003 to 4 p.m. 
on August 20, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Wilmington 03-117 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 Chuck Roskam, Chief, Port 
Operations, USCG Marine Safety Office Wilmington, telephone number 
(910) 772-2207.

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. 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 or persons and vessels operating on the 
Atlantic Intracoastal Waterway (AICW) in this area at the times 
specified. Advanced notice was not received from the originator that 
would have allowed publication to occur in the Federal Register.

Background and Purpose

    Naval gunfire will be conducted crossing the AICW and impacting 
areas in Camp Lejeune from 12 p.m. to 4 p.m. Eastern Daylight Time on 
August 15, 19 & 20, 2003. The safety zone is in effect to ensure the 
safety of persons and vessels operating on the AICW in this area.

Discussion of Rule

    The safety zone will cover the AICW extending from Bogue Sound-New 
River Daybeacon 58 (LLNR 39210) southeast to Bogue Sound-New River 
Light 64 (LLNR 39230). This safety zone will be in effect to ensure the 
safety of persons and vessels operating on the AICW 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 AICW in North Carolina for a limited time. The 
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 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 or operators of vessels intending to transit 
or anchor in a portion of the AICW from 12 p.m. to 4 p.m. Eastern 
Daylight Time on August 15, 19 & 20, 2003. 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 Chuck Roskam, Chief, Port Operations, USCG Marine Safety Office 
Wilmington at (910) 772-2207.
    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

[[Page 48285]]

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 an 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 temporary section Sec.  165.T05-117 to read as follows:


Sec.  165.T05-117  Safety Zone: Atlantic Intracoastal Waterway from 
Bogue Sound-New River, Daybeacon 58 (LLNR 39210) southeast to Bogue 
Sound--New River Light 64 (LLNR 39230).

    (a) Location. The following area is a safety zone: the Atlantic 
Intracoastal Waterway (AICW) 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) Definition. 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) Enforcement periods. This section will be effective from 12 
p.m. on August 15, 2003 through 4 p.m. on August 20, 2003. This section 
will be enforced from 12 p.m. through 4 p.m. on August 15, 2003 and 
August 19 through August 20, 2003.
    (d) 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 section 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 1-(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).
    (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).


[[Page 48286]]


    Dated: August 4, 2003.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 03-20653 Filed 8-12-03; 8:45 am]
BILLING CODE 4910-15-P