[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Rules and Regulations]
[Pages 76451-76453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25688]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-USCG-2020-0645]
RIN 1625-AA00


Safety Zone; Neuse River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Neuse River in New Bern, North Carolina. This 
action is necessary to provide for the safety of life on these 
navigable water near New Bern, NC, during an aerobatic airshow on 
December 05, 2020. This rulemaking would prohibit persons and vessels 
from being in the safety zone unless authorized by the Captain of the 
Port (COTP) North Carolina or a designated representative.

DATES: This rule is effective December 5, 2020 from 4 p.m. through 5:30 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0645 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, 
call or email Chief Petty Officer Joshua O'Rourke, Waterways Management 
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; 
telephone 910-772-2227, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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

    In August 2020, the UHF Development Group informed the Coast

[[Page 76452]]

Guard of their intention to plan an aerobatic airshow on the Neuse 
River in New Bern, North Carolina. The airshow will take place December 
5, 2020, from 4 p.m. to 5:30 p.m. We are proposing to establish a 
temporary safety zone covering approximately one square mile of the 
Neuse River for the duration of the event. The Captain of the Port 
(COTP) North Carolina has determined that potential safety hazards 
associated with the aerobatic airshow would be a concern for anyone 
transiting this portion of the Neuse River during the show.
    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 persons and vessels from 
the hazards associated with this event on December 5, 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 potential hazards associated with the New Bern 
Christmas Flotilla Airshow scheduled for 4 p.m. through 5:30 p.m. on 
December 5, 2020 is a safety concern for mariners during the time that 
aircraft perform aerobatic maneuvers directly above the Neuse River. 
This rule is necessary to protect safety of life from the potential 
hazards associated with the high-speed boat race.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a temporary safety zone on a portion of the 
Neuse River from December 5, 2020, from 4 p.m. to 5:30 p.m. The rule 
will be enforced for the duration of the event. The dates and times of 
enforcement will be broadcast locally over VHF-FM marine radio. The 
safety zone will include all navigable waters of the Neuse River in New 
Bern, North Carolina, inside an area starting from approximate 
positions: Latitude 35[deg]06'32'' N, longitude 077[deg]01'54'' W, then 
north to latitude 35[deg]06'55'' N, longitude 077[deg]02'04'' W, then 
east to latitude 35[deg]07'06'' N, longitude 077[deg]01'27'' W, then 
southeast to latitude 35[deg]06'49'' N, longitude 077[deg]01'12'' W, 
then south to latitude 35[deg]06'08'' N, longitude 077[deg]01'18'' W, 
then west to latitude 35[deg]06'02'' N, longitude 077[deg]01'57'' W, 
then north to the point of origin, for a total area of approximately 1 
mile square. The airshow will consist of two separate performances and 
will last a total approximately 1.5 hours. The event will begin roughly 
20 minutes before sunset and will last to approximately 30 minutes 
after sunset. All aircraft will remain at least 500 feet above the 
ground. Public spectators will be allowed to view the event from the 
waterway, however, for safety reasons, the aircraft will not perform if 
there are any vessels inside the safety zone. The duration of this 
safety zone is intended to protect participants and spectators on the 
navigable waters of the Neuse River during the airshow. Vessels may 
transit the area, so long as they remain outside the safety zone. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP 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. Vessel traffic will not be 
allowed to enter or transit a portion of the Neuse River during the 
airshow from 4 p.m. through 5:30 p.m. December 5, 2020. The Coast Guard 
will transmit a Broadcast Notice to Mariners via VHF-FM marine channel 
16 regarding the enforcement area. This rule allows vessels to request 
permission to pass through the regulated area.

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, 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.

[[Page 76453]]

    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 a 
safety zone lasting 1.5 hours that will prohibit entry within a 1 
square mile area of the Neuse River on December 5, 2020, from 4 p.m. to 
5:30 p.m. It is categorically excluded from further review under 
paragraph L60(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.T05-0645 to read as follows:


Sec.  165.T05-0645  Safety Zone; Neuse River, Airshow, New Bern, NC.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Neuse River in New Bern, North Carolina, inside an area 
starting from approximate positions: Latitude 35[deg]06'32'' N, 
longitude 077[deg]01'54'' W, then north to latitude 35[deg]06'55'' N, 
longitude 077[deg]02'04'' W, then east to latitude 35[deg]07'06'' N, 
longitude 077[deg]01'27'' W, then southeast to latitude 35[deg]06'49'' 
N, longitude 077[deg]01'12'' W, then south to latitude 35[deg]06'08'' 
N, longitude 077[deg]01'18'' W, then west to latitude 35[deg]06'02'' N, 
longitude 077[deg]01'57'' W, then north to the point of origin, for a 
total area of approximately 1 mile square.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) 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.
    (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) 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. Unless permission to remain in 
the zone has been granted by the COTP North Carolina or the COTP North 
Carolina's designated representative, a vessel within this safety zone 
must immediately depart the zone when this section becomes effective.
    (3) 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.
    (4) 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 regulation will be enforced from 4 
p.m. through 5:30 p.m. on December 5, 2020.

    Dated: November 17, 2020.
Matthew J. Baer,
Captain, U. S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2020-25688 Filed 11-27-20; 8:45 am]
BILLING CODE 9110-04-P