[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15384-15386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05533]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0165]
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 at 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
[[Page 15385]]
Onslow Beach Swing Bridge during military training operations. This
action is intended to restrict vessel traffic on the Atlantic
Intracoastal Waterway to protect mariners 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 designated representative.
DATES: This rule is effective from 6:00 a.m. on March 18, 2020, through
8:00 p.m. on March 19, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0165 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
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 because the Coast Guard was notified of the
final details of the military training exercise on March 9, 2020. The
Coast Guard must take immediate action to protect mariners and training
exercise participants from the hazards associated with military
training operations. It is impracticable and contrary to the public
interest to publish an NPRM because a final rule needs to be in place
by March 18, 2020, to minimize potential danger to mariners and
training exercise participants.
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 of
this rule would be impracticable and contrary to public interest
because immediate action is needed to protect mariners and training
exercise participants from the hazards associated with military
training operations beginning on March 18, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP North Carolina has
determined that there are potential hazards associated with military
training operations on the Atlantic Intracoastal Waterway at Camp
Lejeune, North Carolina. This rule is necessary to protect safety of
life from the potential hazards associated with military training
operations.
IV. Discussion of the Rule
This rule establishes a safety zone from 6:00 a.m. on March 18,
2020, through 8:00 p.m. on March 19, 2020. The safety zone will include
all navigable waters of the Atlantic Intracoastal Waterway from Mile
Hammock Bay, approximate position 34[deg]33'00'' N, 077[deg]19'38'' W,
to Onslow Beach Swing Bridge, approximate position 34[deg]34'23'' N,
077[deg]16'19'' W (NAD 1983). Part of the military training operations
involves assembling a temporary bridge from shore to shore, completely
blocking the navigable channel. To help facilitate commercial and
recreational traffic, if vessels are waiting to transit, then the
waterway will open every two hours to allow vessels to pass through the
zone. On-scene safety personnel will direct vessels when it is safe to
pass through the zone. 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.
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. The 38-hour regulation
enforcement should not overly burden vessel traffic based on the short
duration of the period and allows for vessels to pass through the zone
every two hours if needed. This safety zone will only impact a small
portion of the Atlantic Intracoastal Waterway at Camp Lejeune, NC and
vessel traffic is expected to be low at this time of year. The Coast
Guard will transmit a Broadcast Notice to Mariners via VHF-FM marine
channel 16 regarding the safety zone. Vessels are prohibited from
entering the safety zone unless specifically authorized by the Captain
of the Port North Carolina or a designated representative.
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 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,
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organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call or
email 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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
involves a safety zone lasting 38 hours that will prohibit entry into a
portion of the Atlantic Intracoastal Waterway at Camp Lejeune, NC. It
is categorically excluded from further review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 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.T05-0165 to read as follows:
Sec. 165.T05-0165 Safety Zone; Atlantic Intracoastal Waterway, Camp
Lejeune, NC.
(a) Location. The following area is a safety zone: All navigable
waters of the Atlantic Intracoastal Waterway between Mile Hammock Bay,
approximate position 34[deg]33'00'' N, 77[deg]19'38'' W, to Onslow
Beach Swing Bridge approximate position 34[deg]34'24'' N,
77[deg]16'19'' W (NAD 1983) at Camp Lejeune, NC.
(b) Definitions. As used in this section--
Captain of the Port means the Commander, Sector North Carolina.
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.
Training exercise participants means persons and vessels involved
in military training operations.
(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 the training exercise particpants, entry
into or remaining in this safety zone is prohibited unless authorized
by the COTP North Carolina or the COTP North Carolina's designated
representative. All other vessels must depart the zone immediately upon
activation.
(3) Waiting vessels will be allowed to transit through the zone
every two hours during enforcement, when directed by the Coast Guard,
designated security vessels, or on-scene safety vessels.
(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 period. This section will be enforced from 6:00
a.m. on March 18, 2020, through 8:00 p.m. on March 19, 2020.
Dated: March 12, 2020.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2020-05533 Filed 3-17-20; 8:45 am]
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