[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Rules and Regulations]
[Pages 34195-34197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13551]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0427]
RIN 1625-AA00


Safety Zone; New River, Jacksonville, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a safety zone on the navigable 
waters of the New River near Camp Lejeune during a military exercise 
being conducted by the United States Marine Corps.

DATES: This rule is effective from 6 a.m. through 4 p.m. on June 23, 
2008 and from 6 a.m. through 4 p.m. on June 24, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-

[[Page 34196]]

0427 and are available online at http://www.regulations.gov. They are 
also available for inspection or copying 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 at USCG SECTOR North Carolina, 2301 East 
Fort Macon Road, Atlantic Beach, NC 28512 between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Bryan Wick, United States Coast Guard 
Sector North Carolina, Enforcement Division at (252) 247-4537 or (252) 
247-4537. If you have questions on viewing the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because immediate action was necessary to 
ensure the safety of the participants of the military exercise and the 
safety of recreational and commercial boaters in the area. Since large 
military barges will be moving people and equipment across the river, 
the potential for a collision with a recreational or commercial boat 
exists and it will be in the public's interest to have this regulation 
in effect during the military exercise. The Coast Guard will issue a 
broadcast notice to mariners to advise vessel operators of navigational 
restrictions. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register.

Background and Purpose

    The United States Marine Corps will be conducting a military 
exercise on the New River along the shores of Camp Lejeune to exercise 
moving personnel and equipment across the river. The safety zone will 
establish an area on the water to protect the participants of the 
military exercise and to protect any recreational or commercial boaters 
transiting the area.

Discussion of Rule

    The Coast Guard's safety zone will prohibit persons or vessels from 
entering into, transiting through, or anchoring during the days this 
safety zone is in effect. The entry into this safety zone will be 
permitted when specifically authorized by the Captain of the Port or 
designated representative of the Captain of the Port. The purpose of 
this safety zone is to prevent any collisions between military vessels 
and recreation or commercial vessels while the military is conducting 
an exercise.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 will limit access to the regulated area, 
the effect of this rule will not be significant because (i) the safety 
zone will be in effect for a limited duration of time, (ii) the Coast 
Guard will make notifications via maritime advisories so mariners can 
adjust their plans accordingly, and (iii) vessels will be allowed to 
transit through the safety zone when authorized by the on scene Coast 
Guard vessels.

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 because the safety zone will only be in place for a limited 
duration of time, maritime advisories will be issued in advance to 
allow the public to adjust their plans accordingly, and vessel will be 
allowed to transit the safety zone with approval from the on scene 
Coast Guard vessels.

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 the 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.

[[Page 34197]]

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 checklist 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 (waters), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 subpart C 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. A temporary Sec.  165.T05-0427 is added to read as follows: Section 
165.T05-0427 Safety Zone: On the waters of the New River, Jacksonville, 
North Carolina.
    (a) Location: The following area is a safety zone: All waters of 
the New River, Jacksonville, North Carolina, located along the shore of 
USMC Camp Lejuene from the position of latitude 34[deg]39[min]49[sec] 
N, longitude 077[deg]23[min]55[sec] N labeled Town Pt on the chart to 
latitude 34[deg]38[min]09[sec] N, longitude 077[deg]20[min]22[sec] N 
labeled Weil Pt on the chart. All coordinates reference Datum NAD 1983.
    (b) Definitions: Captain of the Port Representative is any Coast 
Guard commissioned, warrant, or petty officer who has been authorized 
to act on the Captain of the Port's behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
section 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port or a Captain of the Port 
Representative. All vessel movement within the safety zone is 
prohibited except as specifically authorized by the Captain of the Port 
or a Captain of the Port Representative. The general requirements of 
section 165.23 also apply to this regulation.
    (2) Persons or vessels requiring entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or authorized representative, unless the Captain 
of the Port previously announced via Marine Safety Radio Broadcast on 
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will 
not be enforced in that portion of the safety zone. The Captain of the 
Port can be contacted at telephone number (252) 247-4570 or (252) 247-
4546, or by radio on VHF Marine Band Radio, channels 13 and 16.
    (d) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).
    (e) Enforcement period: This rule is effective from 6 a.m. (est) to 
4 p.m. (est) on Monday, June 23, 2008 and from 6 a.m. (est) to 4 p.m. 
(est) on Tuesday, June 24, 2008.

J.E. Ryan,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
 [FR Doc. E8-13551 Filed 6-16-08; 8:45 am]
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