[Federal Register Volume 73, Number 51 (Friday, March 14, 2008)]
[Rules and Regulations]
[Pages 13759-13761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5125]



[[Page 13759]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0103]
RIN 1625-AA87


Security Zone; Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary security zone on 
the waters of the Cape Fear River off the North Carolina State Port 
Authority facilities, Wilmington, North Carolina during the USS NORTH 
CAROLINA Commissioning ceremony. The security zone is necessary to 
provide for the security of the USS NORTH CAROLINA and the safety of 
life of event participants, spectators and mariners on U.S. navigable 
waters during the event. Entry into the zone is prohibited unless 
authorized by the Captain of the Port or a designated representative.

DATES: This rule is effective from 8 a.m. on May 3, 2008, through 1 
p.m. May 3, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0103 and are available online 
at http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: The 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and the United States Coast Guard Marine Safety Unit, 721 
Medical Center Drive, Suite 100, Wilmington, North Carolina 28401 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

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 the subject of an official 
United States Navy commissioning ceremony, a military function within 
the meaning of 5 U.S.C. 553(a)(1), and as such the Coast Guard will not 
conduct a notice and comment period for this regulation. Safely and 
securely navigating the narrow Cape Fear River will prove challenging 
with a submarine in the water. This regulation is necessary to protect 
the public, the christening event's attendees, and to secure the 
submarine.

Background and Purpose

    This security zone is part of a comprehensive port security regime 
designed to safeguard human life, vessels, and waterfront facilities.
    The Navy will conduct the USS NORTH CAROLINA's Commissioning 
ceremony at the North Carolina State Port Wilmington, North Carolina. 
To address the aforementioned security concerns, the Captain of the 
Port, Cape Fear River is establishing a security zone upon certain 
waters of the Cape Fear River. This security zone will prevent vessels 
or persons from engaging in waterborne terrorist actions during the USS 
NORTH CAROLINA's Commissioning ceremony. A security zone is prudent for 
this type of event.

Discussion of Rule

    On Saturday May 3, 2008, the USS NORTH CAROLINA's Commissioning 
ceremony will be held at North Carolina State Port. The security zone 
is required from 8 a.m. through 1 p.m. on May 3, 2008 to safeguard the 
USS NORTH CAROLINA and event participants during the commissioning 
ceremony. The security zone will encompass the waters of the Cape Fear 
River from \1/2\ nautical mile south of the North Carolina State Port 
Wilmington, North Carolina to \1/2\ nautical mile north of the North 
Carolina State Port Wilmington, North Carolina. U.S. Coast Guard patrol 
vessels will be on scene to control the movement of persons and vessels 
in the security zone.
    No person or vessel may enter or remain in the security zone at any 
time without the permission of the Captain of the Port, Cape Fear 
River. Each person or vessel operating within the security zone will 
obey any direction or order of the Captain of the Port, Cape Fear 
River. The Captain of the Port may take possession and control of any 
vessel in a security zone and/or remove any person, vessel, article or 
thing from this security zone.
    Persons desiring to transit the area of the security zone may 
contact the Captain of the Port via the Sector North Carolina Command 
Center via telephone at (252) 247-4570 or on VHF channel 16 (156.8 MHz) 
to seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port, Cape Fear River or a designated representative.

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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. Although this 
regulation restricts access to certain waters of the Cape Fear River, 
the effect of this regulation will not be significant because: (i) The 
Captain of the Port or a representative may authorize access to the 
security zone, (ii) the security zone will be enforced 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 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.
    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.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor on certain waters of the Cape Fear River.

[[Page 13760]]

    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Although the security zone will apply to certain waters of the Cape 
Fear River, traffic will be allowed to pass through the zone with the 
permission of the Captain of the Port or a designated representative. 
The duration of the security zone will be limited to five hours. Before 
the effective period, we will issue maritime advisories widely 
available to users of the river.

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 proposed 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 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 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 
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.

Words of Issuance and Proposed 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.T05-011 to read as follows:


Sec.  165.T05-011  Security Zone; Cape Fear River, Wilmington, North 
Carolina.

    (a) Location. The following area is a security zone: The waters of 
the Cape Fear River, from surface to bottom,

[[Page 13761]]

encompassed by a line connecting the following points, beginning at 
34[deg]10'56'' N, 077[deg]57'18'' W; thence west to position 
34[deg]10'56'' N, 077[deg]57'30'' W; thence north along the western 
edge of the Cape Fear River to position 34[deg]12'53'' N, 
077[deg]57'36'' W; thence east to position 34[deg]12'53'' N, 
077[deg]57'18'' W; thence south along the eastern edge of the Cape Fear 
River to the starting point. These coordinates are based upon NAD 1983.
    (b) Definitions. As used in this section, for purposes of enforcing 
the security zone identified in paragraph (a) of this section, 
designated representative means Coast Guard Patrol Commanders including 
Coast Guard coxswains, petty officers and other officers operating 
Coast Guard vessels, and federal, state, and local officers designated 
by the Captain of the Port Cape Fear.
    (c) Regulations. (1) Under general regulations in Sec.  165.33, 
entry into, anchoring, mooring, or transiting this zone by persons or 
vessels is prohibited without the prior permission of the Captain of 
the Port Cape Fear River or a designated representative.
    (2) U.S. Coast Guard patrol vessels will be on scene to control the 
movement of persons and vessels in the security zone.
    (3) No person or vessel may enter or remain in the security zone at 
any time without the permission of the Captain of the Port, Cape Fear 
River. Each person or vessel operating within the security zone must 
obey any direction or order of the Captain of the Port, Cape Fear 
River. The Captain of the Port may take possession and control of any 
vessel in a security zone and/or remove any person, vessel, article or 
thing from this security zone.
    (4) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port via the Sector North Carolina Command 
Center via telephone at (252) 247-4570 or on VHF channel 16 (156.8 MHz) 
to seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port, Cape Fear River or a designated representative.
    (d) Effective period. This section is effective on May 3, 2008 from 
8 a.m. through 1 p.m.

    Dated: February 25, 2008.
J.P. Nadeau,
Commander, U.S. Coast Guard, Captain of the Port, Cape Fear River.
 [FR Doc. E8-5125 Filed 3-13-08; 8:45 am]
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