[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Rules and Regulations]
[Pages 41944-41946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15847]


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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