[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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