[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Rules and Regulations]
[Pages 61983-61985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26193]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0809]
RIN 1625-AA00


Safety Zone, Atlantic Intracoastal Waterway; Oak Island, 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 
navigable waters of the Atlantic Intracoastal Waterway near Oak Island, 
North Carolina. This action is necessary to provide the safety of 
mariners on navigable waters due to the transfer of power cables across 
the Atlantic Intracoastal Waterway. Entry into or movement within the 
safety zone during the enforcement period is prohibited without 
approval of the Captain of the Port.

DATES: This rule is effective without actual notice from October 15, 
2015 until October 20, 2015. For the purposes of enforcement, actual 
notice will be used from October 12, 2015 until October 15, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0809]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Derek J. Burrill, Waterways Management Division Chief, 
Sector North Carolina, Coast Guard; telephone (910) 772-2230, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 final project details were not 
submitted to the Coast Guard until September 4, 2015. As such, it's 
impractical to provide a full comment period due to lack of time. 
Delaying the effective date for comment would be contrary to the public 
interest, since immediate action is needed to ensure protection of 
persons and vessels transiting the area.
    For similar reasons, 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. The Coast Guard will provide advance notifications to 
users via marine information broadcasts and local notice to mariners.

B. Basis and Purpose

    The legal basis for this rule is 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; Public Law 107-295, 116 Stat. 2064; and DHS Delegation No. 
0170.1. Under these authorities the Coast Guard may establish a safety 
zone in defined water areas that are determined to have hazardous 
conditions and in which vessel traffic can be regulated in the interest 
of safety.
    On October 12, 13, 19, and 20, 2015 Coastal Power will be 
installing power cables that will run across the Atlantic Intracoastal 
Waterway at latitude 33[deg]55'11'' N, longitude 078[deg]03'24'' W in 
Oak Island, North Carolina. To facilitate the safety of mariners and 
the public, the U.S Coast Guard will require temporary closures of the 
channel on October 12, 13, 19, 20, 2015.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Atlantic Intracoastal Waterway within a 100 
yard radius of latitude 33[deg]55'11'' N, longitude 078[deg]03'24'' W 
in Oak Island, North Carolina. This safety zone will be established in 
the interest of public safety due to the transfer of power cables 
across the Atlantic Intracoastal Waterway. The regulated area for this 
safety zone includes all the water of the Atlantic Intracoastal 
Waterway within a 100 yard radius of latitude 33[deg]55'11'' N, 
longitude 078[deg]03'24'' W, a position located north of the Oak Island 
Fixed Bridge in Oak Island, North Carolina. This rule will be enforced 
on October 12, 13, 19, 20, 2015 during the times of 09:00 a.m. to 12:00 
p.m. and 01:00 p.m. to 04:00 p.m. Vessels authorized by the Captain of 
the Port or his/her Representative to enter or remain in the safety 
zone during the above listed time frame must have a height clearance of 
30 feet and greater and are required to notify on scene Coastal Power 
and Electric work boats at a minimum of 40 minutes prior to transiting 
the area on VHF marine radio channels 13 or 16 or via phone at 910-512-
1645.
    Except for vessels authorized by the Captain of the Port or his/her 
Representative, no person or vessel may enter or remain in the safety 
zone during the time frame listed. The Captain of the Port will give 
notice of the enforcement of the safety zone by all appropriate means 
to provide the widest dissemination of notice among the affected 
segments of the public. This will include publication in the Local 
Notice to Mariners and Marine Information Broadcasts.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under

[[Page 61984]]

section 6(a)(3) of Executive Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders. The primary impact of these regulations 
will be on limiting all vessels wishing to transit the affected 
waterways during enforcement of the safety zone on the Atlantic 
Intracoastal Waterway within a 100 yard radius of latitude 
33[deg]55'11'' N., longitude 078[deg]03'24'' W. in Oak Island, North 
Carolina on October 12, 13, 19, and 20, 2015. Although these 
regulations prevent traffic from transiting a portion of the Atlantic 
Intracoastal Waterway during this incident, that restriction is limited 
in duration, affects only a limited area, and will be well publicized 
to allow mariners to make alternative plans for transiting the affected 
area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in waters of the Atlantic Intracoastal Waterway 
within a 100 yard radius of latitude 33[deg]55'11'' N., longitude 
078[deg]03'24'' W. position during the outlined timeframe.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone will only be in place for a limited duration, and (ii) 
before the enforcement period, maritime advisories will be issued 
allowing mariners to adjust their plans accordingly.

3. 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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves the establishment of a safety zone to 
protect life, property and the environment. This rule is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the

[[Page 61985]]

discovery of a significant environmental impact from this 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-809 to read as follows:


Sec.  165.T05-809  Safety Zone, Atlantic Intracoastal Waterway; Oak 
Island, North Carolina.

    (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: Specified waters 
of the Captain of the Port Sector North Carolina zone, as defined in 33 
CFR 3.25-10, all waters of the Atlantic Intracoastal Waterway within a 
100 yard radius of latitude 33[deg]55'11'' N., longitude 
078[deg]03'24'' W. in Oak Island, North Carolina.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port, North Carolina or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) If on scene 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.
    (ii) [Reserved]
    (3) The Captain of the Port, North Carolina can be reached through 
the Sector North Carolina Command Duty Officer at Sector North Carolina 
in Wilmington, North Carolina at telephone number (910) 343-3882.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement period. This section will be enforced on October 
12, 13, 19, and 20, 2015, between 9:00 a.m. to 12:00 p.m. and 1:00 p.m. 
to 4:00 p.m.

    Dated: September 23, 2015.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2015-26193 Filed 10-14-15; 8:45 am]
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