[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16703-16706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7427]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0158]
RIN 1625-AA00


Safety Zone; Wilson Bay, Jacksonville, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of Wilson Bay at Jacksonville, North Carolina for 
training purposes. The safety zone is necessary to provide for the 
safety of the general public and exercise participants from potential 
hazards associated with low flying helicopters and vessels 
participating in this multi agency exercise.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 3, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0158 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail CWO4 Stephen Lyons, Waterways Management Division 
Chief, Coast Guard Sector North Carolina; telephone (252) 247-4525, e-
mail [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-1058), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0158'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\12\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then

[[Page 16704]]

become highlighted in blue. In the ``Keyword'' box insert ``USCG-2010-
0158'' and click ``Search.'' Click the ``Open Docket Folder'' in the 
``Actions'' column. You may also visit the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act, systems of 
records notice regarding our public dockets in the January 17, 2008, 
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact CWO4 Stephen Lyons at the telephone number or e-mail address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

Background and Purpose

    The Onslow County North Carolina Emergency Services will be 
conducting a multi agency exercise to test response capabilities of 
water rescue services in a mass casualty scenario on the waters of 
Wilson Bay, Onslow County, North Carolina from 6 a.m. to 5 p.m. June 9, 
2010. The exercise is designed to train and test air and surface 
personnel in the judgmental decisionmaking process necessary to safely 
and effectively respond to a mass casualty incident. The exercise will 
involve helicopters, vessels, safety craft, divers, and rescue 
swimmers. This zone is necessary to establish a temporary restricted 
area in Wilson Bay to ensure the safety of participants within the 
exercise site.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish a temporary safety zone 
on the waters of Wilson Bay, Onslow County, North Carolina. During the 
exercise the safety zone applies to the navigable waters, from the 
surface to the seafloor, defined by enclosing an area south of a 
boundary line drawn from New River Channel Daybeacon 61 (34[deg]44'30'' 
N/077[deg]26'20'' W) to the north tip of Ethridge Point (34[deg]44'37'' 
N/077[deg]26'06'' W) and extending \1/2\ nautical mile south from the 
boundary line. All vessels are prohibited from transiting this section 
of the waterway while the safety zone is in effect. Entry into the zone 
will not be permitted except as specifically authorized by the Captain 
of the Port or a designated representative. To seek permission to 
transit the area, mariners can contact Sector North Carolina at 
telephone number (252) 247-4570. This zone will be enforced from 6 a.m. 
to 5 p.m. on June 9, 2010.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed 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 restrict access to the area, the 
effect of this rule will not be significant because: (i) The safety 
zone will only be in effect from 6 a.m. to 5 p.m. on June 9, 2010, (ii) 
the Coast Guard will give advance notification via maritime advisories 
so mariners can adjust their plans accordingly, and (iii) although the 
safety zone will apply to a section of Wilson Bay, it will not restrict 
vessel traffic in the federally marked channel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would 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 recreational and fishing 
vessels intending to transit the specified portion of Wilson Bay from 6 
a.m. to 5 p.m. on June 9, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will only be in effect from 6 a.m. to 5 p.m. on June 9, 2010. 
Although the safety zone will apply to the section of Wilson Bay, it 
will not restrict vessel traffic in the federally marked channel. 
Before the effective period, the Coast Guard will issue maritime 
advisories widely available to the users of the waterway.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact CWO4 Stephen 
Lyons, Waterways Management Division Chief, Sector North Carolina, at 
(252) 247-4525. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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

[[Page 16705]]

impose a substantial direct cost of compliance on them. We have 
analyzed this proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
this instruction. The safety zone is necessary to provide for the 
safety of the general public and exercise participants from potential 
hazards associated with low flying helicopters and vessels 
participating in this multiagency exercise. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 3306, 
3703; 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.

    2. Add Sec.  165.T05-0158 to read as follows:


Sec.  165.T05-0158  Safety Zone; Wilson Bay, Jacksonville, NC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: The safety zone 
is established for the navigable waters, from the surface to the 
seafloor, defined by enclosing an area south of a boundary line drawn 
from New River Channel Daybeacon 61 (34[deg]44'30'' N/077[deg]26'20'' 
W) to the north tip of Ethridge Point (34[deg]44'37'' N/077[deg]26'06'' 
W) and extending \1/2\ nautical mile south from the boundary line into 
Wilson Bay, Jacksonville, North Carolina.
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part apply to the area described in paragraph (b) of 
this section.
    (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 a designated 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 by radio on 
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.

[[Page 16706]]

    (e) Enforcement period. This section will be enforced from 6 a.m. 
to 5 p.m. on June 9, 2010 unless cancelled earlier by the Captain of 
the Port.

    Dated: March 22, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-7427 Filed 4-1-10; 8:45 am]
BILLING CODE 9110-04-P