[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Rules and Regulations]
[Pages 42307-42309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14939]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP North Carolina CGD05-07-071]
RIN 1625-AA00


Safety Zone for Marine Events; New River, Jacksonville, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Safety Zone during 
the ``National Night Out'', an event to be held August 7, 2007 on the 
New River, Jacksonville, North Carolina. This safety zone is necessary 
to provide for the safety of life on navigable waters during the event. 
This action is intended to temporarily restrict vessel traffic in the 
New River to accommodate a Helicopter Search and Rescue demonstration 
and a fireworks display.

[[Page 42308]]


DATES: This rule is effective from 5:30 p.m. to 10 p.m. on August 7, 
2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-071 and are available for 
inspection or copying at Commander (dpi), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: D. M. Sens, Project Manager, 
Inspections and Investigations Branch, at (757) 398-6204.

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), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would be 
impracticable and contrary to public interest because immediate action 
is needed to minimize potential danger to the public during the event. 
The necessary information to determine whether the marine event poses a 
threat to persons and vessels was not provided to the Coast Guard in 
sufficient time to publish an NPRM. The potential dangers posed by the 
helicopter demonstration and pyrotechnic fireworks display, make a 
safety zone necessary to provide for the safety of spectator craft and 
other vessels transiting the event area. The Coast Guard will issue a 
broadcast notice to mariners to advise mariners of the restriction and 
on scene Coast Guard and local law enforcement vessels will also 
provide notice to mariners.
    Under 5 U.S.C. 553(d)(3) and for the same reasons, the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. Delaying the 
effective date would be contrary to the public interest, because 
immediate action is needed to ensure the safety of the event 
participants, spectator craft and other vessels transiting the event 
area. Advance notifications will be made to users of the New River, via 
marine information broadcasts, local notice to mariners, commercial 
radio stations and area newspapers.

Background and Purpose

    On August 7, 2007, the Jacksonville Police Department will sponsor 
the ``National Night Out'' Helicopter Search and Rescue (SAR) 
demonstration and fireworks display. These events will take place on 
the New River near position 34[deg]44'45'' N 077[deg]26'18'' W. The 
Helicopter SAR Demonstration will consist of a basket hoist from a 
Coast Guard small boat. The fireworks display will be launched from 
shore and will have a fallout area over the waters of the New River. 
The safety zone is necessary to safe guard the SAR demonstration team 
as well as the spectator fleet expected by the sponsor. Due to the need 
for vessel control during these events, vessel traffic will be 
temporarily restricted to provide for the safety of SAR demonstration 
team, spectators and transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a safety zone on specified waters 
of the New River, Jacksonville, North Carolina. The regulated area 
includes all waters within a 300 yard radius of position 34[deg]44'45'' 
N 077[deg]26'18'' W or approximately one half nautical mile south of 
the Hwy 17 bridge, Jacksonville, North Carolina. The safety zone will 
be in effect from 5:30 p.m. to 10 p.m. on August 7, 2007. The effect 
will be to restrict general navigation in the regulated area during the 
SAR demonstration and the fireworks display. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the regulated area during the enforcement 
period. The Patrol Commander will notify the public of specific 
enforcement times by Marine Radio Safety Broadcast. These regulations 
are needed to control vessel traffic during the event to enhance the 
safety of participants, spectators and transiting vessels.

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.
    Although this regulation restricts vessel traffic from transiting 
the New River, near Jacksonville, North Carolina during the event, the 
effect of this regulation will not be significant due to the limited 
duration that the safety zone will be in effect and the extensive 
advance notifications that will be made to the maritime community via 
marine information broadcasts and area newspapers 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 or operators of vessels intending to 
transit the New River, near Jacksonville, North Carolina during the 
event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 5:30 p.m. to 10 
p.m. on August 7, 2007. Before the enforcement period, we will issue 
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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would 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 
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 calls for no new collection of information under the 
Paperwork

[[Page 42309]]

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 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 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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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'' will be 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 Sec.  165.T05-071 to read as follows:


Sec.  165.T05-071  Safety zone; New River, approximate one half mile 
south of the HWY 17 Bridge, south of Jacksonville, North Carolina.

    (a) Regulated area. The regulated area includes all waters within a 
300 yard radius of position 34[deg]44'45'' North 077[deg]26'18'' West, 
approximately one half nautical mile south of the HWY 17 bridge, 
Jacksonville, North Carolina. All coordinates reference Datum NAD 1983.
    (b) Definitions. Coast Guard Patrol Commander means a commissioned, 
warrant, or petty officer of the Coast Guard who has been designated by 
the Commander, Coast Guard Sector North Carolina.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector North Carolina with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (c) Safety Zone regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall: (i) 
Stop the vessel immediately when directed to do so by any Official 
Patrol.
    (ii) Proceed as directed by any official patrol.
    (d) Enforcement period. This section will be enforced from 5:30 
p.m. to 10 p.m. on August 7, 2007.

    Dated: July 9, 2007.
William D. Lee,
Captain of the Port, Coast Guard Sector North Carolina.
 [FR Doc. E7-14939 Filed 8-1-07; 8:45 am]
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