[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46901-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21709]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0792]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Camp Lejeune, 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 
Atlantic Intracoastal Waterway in Camp Lejeune, North Carolina in 
support of military training exercises. This temporary safety zone is 
intended to restrict vessel traffic from a portion of the Atlantic 
Intracoastal Waterway between Mile Hammock Bay and Onslow Beach Swing 
Bridge during military training operations. This action is intended to 
restrict vessel traffic on the Atlantic Intracoastal Waterway to 
protect mariners, vessels, and training exercise participants from the 
hazards associated with military training operations. Entry of vessels 
or persons into this safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) North Carolina or a 
designated representative.

DATES: This rule is effective from October 10, 2017 through October 30, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0792 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact Petty Officer Matthew Tyson, Waterways Management Division, 
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone: 910-
772-2221, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
ICW IntraCoastal Waterway

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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. The Coast Guard was notified of the final 
dates needed for this rule on August 17, 2017. It is impracticable and 
contrary to the public interest to delay this action. Waiting for a 
comment period to run would inhibit the Coast Guards' ability to 
protect the public and participants from the dangers associated with 
the military exercises scheduled from October 10 through October 30, 
2017.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. Immediate implementation is 
required to protect the public and participants from the dangers 
associated with the military training exercises.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP North Carolina has determined that potential hazards 
associated with the military exercises scheduled from October 10 
through October 30, 2017, is a safety concern for mariners and 
participants. The military training exercises involve building 
temporary bridges, crossing with amphibious vehicles, and other 
military operations on the ICW. These military training activities will 
block the waterway in a manner that restricts all vessel navigation and 
movement within this segment of the ICW. This rule is necessary to 
protect persons and vessels from the potential hazards associated with 
the military training exercises.

IV. Discussion of the Rule

    The safety zone will be enforced on the following dates and times 
in October 2017:

------------------------------------------------------------------------
                Date                                 Time
------------------------------------------------------------------------
10th-12th...........................  8 a.m. through 11 a.m. and 1 p.m.
                                       through 4 p.m.
13th................................  9 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
18th................................  8 a.m. through 12 p.m.
24th................................  8 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
25th-26th...........................  9 a.m. through 1 p.m. and 2 p.m.
                                       through 5 p.m.
27th-28th...........................  7 a.m. through 5 p.m.
29th-30th...........................  7 a.m. through 11 a.m.
------------------------------------------------------------------------

    The safety zone will include all navigable waters of the ICW from 
Mile Hammock Bay, approximate position 34[deg]32'46'' N., 
77[deg]19'17'' W., to Onslow Beach Swing Bridge approximate position 
34[deg]34'25'' N., 77[deg]16'14'' W. (NAD 1983), an approximately four 
mile portion of the ICW. The duration of this zone is intended to 
protect mariners from the hazards associated with military training 
operations. No vessel or person will be permitted to enter the safety 
zone unless specifically authorized by the Captain of the Port North 
Carolina or a designated representative. The regulatory text appears at 
the end of this document.

[[Page 46902]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will not be 
allowed to enter or transit a portion of the ICW for up to 10 hours on 
12 separate days. The Coast Guard will issue a Local Notice to Mariners 
and transmit a Broadcast Notice to Mariners via VHF-FM marine channel 
16 regarding the safety zone. This portion of the ICW has been 
determined to be a low traffic area. Vessels needing to transit the 
area during these times can safely transit offshore using New River 
Inlet to the south and Browns Inlet to the north. This rule does not 
allow vessels to request permission to enter the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While the precise number of small entities impacted is unknown, the 
ICW has a low number of vessels transiting the area planned for the 
safety zone during the enforcement period. Although some owners or 
operators of vessels intending to transit the safety zone may be small 
entities, for the reasons stated in section V.A. above, this rule will 
not have a significant economic impact on any vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 a safety zone lasting for up to 10 hours on 12 separate 
days that would prohibit entry into an approximately four mile portion 
of the ICW for military training exercises. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. 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.

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:

[[Page 46903]]

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.T05-0792 to read as follows:


Sec.  165.T05-0792   Safety Zone, Atlantic Intracoastal Waterway; Camp 
Lejeune, NC.

    (a) Location. The following area is a safety zone: All waters on 
the Atlantic Intracoastal Waterway, from approximate position 
34[deg]32'46'' N., 77[deg]19'17'' W. to 34[deg]34'25'' N., 
77[deg]16'14'' W. (NAD 1983) at Camp Lejeune, NC.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard commissioned, warrant, or petty officer designated by the 
Captain of the Port North Carolina (COTP) for the enforcement of the 
safety zone. ``Captain of the Port'' means the Commander, Sector North 
Carolina. ``Participants'' means persons and vessels involved in 
support of a military exercise.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (a) of this 
section.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, North Carolina or designated representative(s).
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (4) The Captain of the Port, North Carolina can be reached through 
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington, 
North Carolina at telephone number 910-343-3882.
    (5) The Coast Guard and designated security vessels 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. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement periods. This section will be enforced on the 
following dates and times in October 2017:

------------------------------------------------------------------------
                Date                                 Time
------------------------------------------------------------------------
10th-12th...........................  8 a.m. through 11 a.m. and 1 p.m.
                                       through 4 p.m.
13th................................  9 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
18th................................  8 a.m. through 12 p.m.
24th................................  8 a.m. through 12 p.m. and 1 p.m.
                                       through 4 p.m.
25th-26th...........................  9 a.m. through 1 p.m. and 2 p.m.
                                       through 5 p.m.
27th-28th...........................  7 a.m. through 5 p.m.
29th-30th...........................  7 a.m. through 11 a.m.
------------------------------------------------------------------------


    Dated: October 3, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2017-21709 Filed 10-6-17; 8:45 am]
 BILLING CODE 9110-04-P