[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Rules and Regulations]
[Pages 5398-5400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2390]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1166]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Vicinity of Marine 
Corps Base, Camp Lejeune, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Atlantic 
Intracoastal Waterway (AICW) adjacent to Marine Corps Base (MCB) Camp 
Lejeune, North Carolina, which encompasses the navigable waters of the 
AICW between Mile Hammock Bay and the Onslow Swing Bridge in support of 
military training operations. This action is necessary to provide for 
safety of life on navigable waters during the military training 
operation. This action is intended to restrict vessel traffic on the 
Atlantic Intracoastal Waterway to protect mariners from the hazards 
associated with military training operations.

DATES: This rule is effective from 7 a.m. on February 6, 2012 through 4 
p.m. on February 7, 2012.

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-2011-1166 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-1166 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 email Chief Warrant Officer Joseph Edge, 
Waterways Management Division Chief, Sector North Carolina, Coast 
Guard; telephone (252) 247-4525, email [email protected]. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 5399]]

Regulatory Information

    On January 10, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Atlantic Intracoastal Waterway, Vicinity 
of Marine Corps Base, Camp Lejeune, NC in the Federal Register (77 FR 
1431). 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. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the participants, patrol vessels, and other 
vessels transiting the event area. However, the Coast Guard will 
provide advance notifications to users of the effected waterways via 
marine information broadcasts, local notice to mariners, commercial 
radio stations and area newspapers.

Background and Purpose

    On February 6 and 7, 2012 the Marine Corps Base, Camp Lejeune, 
North Carolina will be conducting military training operations on the 
navigable waters of the Atlantic Intracoastal Waterway between position 
34[deg]32'51'' N, 077[deg]19'36'' W and 34[deg]34'15'' N, 
077[deg]16'16'' W (NAD 1983). Due to the need to protect mariners from 
the hazards associated with the military training operations, vessel 
traffic will be temporary restricted between Mile Hammock Bay and the 
Onslow Swing Bridge.
    The Coast Guard is establishing a safety zone on specified waters 
of the Atlantic Intracoastal Waterway between position 34[deg]32'51'' 
N, 077[deg]19'36'' W and 34[deg]34'15'' N, 077[deg]16'16'' W (NAD 
1983). This safety zone will be established in the vicinity of Camp 
Lejeune, NC from 7 a.m. until 11 a.m., and from 12:01 p.m. until 4 p.m. 
on February 6, 2012, from 7 a.m. until 11 a.m., and from 12:01 p.m. 
until 4 p.m. on February 7, 2012. In the interest of public safety, 
general navigation within the safety zone will be restricted during the 
specified date and times. Except for participants and vessels 
authorized by the Coast Guard Captain of the Port or his 
representative, no person or vessel may enter or remain in the 
regulated area.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing safety zones on the 
specified navigable waters of the Atlantic Intracoastal Waterway.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Although this regulation 
restricts access to the safety zone, the effect of this rule will not 
be significant because: (i) The safety zone will be in effect for a 
limited duration; (ii) the zone is of limited size; 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 because the zone will only be in place for a limited duration, 
it is limited in size, and maritime advisories will be issued allowing 
the mariners to adjust their plans accordingly.
    This rule would affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
transit or anchor in that portion of the Atlantic Intracoastal Waterway 
from 7 a.m. to 4 p.m. on February 6 and 7, 2012.

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 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

[[Page 5400]]

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 which 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 involves establishment of a 
temporary safety zone. 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.

    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. 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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-1166 to read as follows:


Sec.  165.T05-1166  Safety Zone; Atlantic Intracoastal Waterway, 
Vicinity of Marine Corps Base, Camp Lejeune, NC.

    (a) Regulated Area. The following area is a safety zone: specified 
waters of the Captain of the Port Sector North Carolina zone, as 
defined in 33 CFR 3.25-20, in the vicinity of the Atlantic Intracoastal 
Waterway between position 34[deg]32'51'' N/077[deg]19'36'' W and 
34[deg]34'15'' N/077[deg]16'16'' W (NAD 1983).
    (b) Definition: For the purposes of this part, Captain of the Port 
Representative means any U.S. Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port, 
Sector North Carolina, North Carolina to act on his behalf.
    (c) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Sector North Carolina or his 
designated representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Sector North Carolina can be reached 
through the Sector Duty Officer at Sector North Carolina in Wilmington, 
North Carolina at telephone Number 910-343-3880.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65Mhz) and 
channel 16 (156.8 MHz).
    (d) Enforcement Period: This regulation will be enforced from 7 
a.m. until 11 a.m., and from 12:01 p.m. until 4 p.m. on February 6, 
2012; from 7 a.m. until 11 a.m., and from 12:01 p.m. until 4 p.m. on 
February 7, 2012.

    Dated: January 20, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2012-2390 Filed 2-2-12; 8:45 am]
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