[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Rules and Regulations]
[Pages 30706-30708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13116]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 6 a.m. until 5 p.m. on June 9, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0158 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0158 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary 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 the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 2, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone: Wilson Bay, Jacksonville, NC in the 
Federal Register (75 FR 16703). We received no comments on the proposed 
rule. No public meeting was requested, and none was held.
    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. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
safety zone's intended objectives of protecting persons and vessels 
involved in the event, and enhancing public and maritime safety.

Basis 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 Comments and Changes

    We received no comments on the proposed rule. No public meeting was 
requested, and none was held. The Coast Guard is implementing the rule 
as proposed, without change.

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 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 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

[[Page 30707]]

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). 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 (adjusted for 
inflation) 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 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 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 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule establishes a temporary safety zone to 
protect the general public and exercise participants from potential 
hazards associated with low flying helicopters and vessels 
participating in this multi agency exercise. An environmental analysis 
checklist and a 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:

[[Page 30708]]

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, 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


0
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 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.
    (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.
    (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: May 17, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-13116 Filed 6-1-10; 8:45 am]
BILLING CODE 9110-04-P