[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73247-73249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25944]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0470]
RIN 1625-AA00


Safety Zone; Neuse River, Pamlico Sound, 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 Neuse River and Pamlico Sound near Hobucken, 
North Carolina. This action is necessary to provide for the safety of 
life on the

[[Page 73248]]

navigable waters near Hobucken, NC, during a military exercise on 
December 7, 2022. This rule will prohibit all persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Sector North Carolina or a designated representative.

DATES: This rule is effective December 7, 2022, from 10 a.m. through 1 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0470 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ken Farah, Waterways Management Division, 
U.S. Coast Guard; telephone 910-772-2221, 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

    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 it is impracticable. Immediate action 
is needed to ensure we establish this safety zone by December 7, 2022, 
in order to protect persons and vessels from the hazards associated 
with a military exercise. Hazards include all plausible risks 
associated with a live military exercise. Moreover, this rule is issued 
in response to a military function. Therefore, under 5 U.S.C. 553(a), 
no requirements in 5 U.S.C. 553 apply to it.
    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 the public interest 
because immediate action is needed to protect persons and vessels from 
the hazards associated with this event on December 7, 2022

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 Captain of the Port Sector North 
Carolina (COTP) has determined that potential hazards associated with 
this event, scheduled for 10 a.m. through 1 p.m. on December 7, 2022, 
is a safety concern for mariners during the time that military 
maneuvers occur on Pamlico Sound and portions of the Neuse River. This 
rule is necessary to protect personnel, vessels, and the marine 
environment from the hazards associated with the exercise.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on a portion of 
Pamlico Sound and the Neuse River on December 7, 2022, from 10 a.m. to 
1 p.m. The rule will be enforced during this time period which is when 
the military exercise is scheduled. The dates and times of enforcement 
will be broadcast locally over VHF-FM marine radio. The safety zone 
will include all navigable waters of Pamlico Sound and the Neuse River 
near Hobucken, North Carolina inside an area starting from approximate 
positions: latitude 35[deg]15'17'' N, longitude 076[deg]29'40'' W, then 
east to latitude 35[deg]15'01'' N, longitude 076[deg]21'42'' W, then 
south to latitude 35[deg]00'25'' N, longitude 076[deg]24'29'' W, then 
west to latitude 35[deg]00'31'' N, longitude 076[deg]29'51'' W, then 
north to the point of origin. The duration of this safety zone is 
intended to protect any members of the public transiting that area of 
Pamlico Sound and the Neuse River. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP 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. 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).
    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 Pamlico Sound and the Neuse 
River during the exercise from 10 a.m. through 1 p.m. December 7, 2022. 
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 with 
approval of the COTP.

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

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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 a 
safety zone lasting 3 hours that will prohibit entry within an area of 
Pamlico Sound and the Neuse River on December 7, 2022, from 10 a.m. to 
1 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0470 to read as follows:


Sec.  165.T05-0470   Safety Zone; Neuse River, Pamlico Sound, NC.

    (a) Location. The following area is a safety zone: all waters of 
Pamlico Sound and the Neuse River near Hobucken, North Carolina inside 
an area starting from approximate positions: latitude 35[deg]15'17'' N, 
longitude 076[deg]29'40'' W, then east to latitude 35[deg]15'01'' N, 
longitude 076[deg]21'42'' W, then south to latitude 35[deg]00'25'' N, 
longitude 076[deg]24'29'' W, then west to latitude 35[deg]00'31'' N, 
longitude 076[deg]29'51'' W, then north to the point of origin.
    (b) Definitions. As used in this section--
    Captain of the Port or COTP means Captain of the Port Sector North 
Carolina.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned, warrant, or petty officer 
designated by the 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 or the COTP's designated representative. 
Unless permission to remain in the zone has been granted by the COTP or 
the COTP's designated representative, a vessel within this safety zone 
must immediately depart the zone when this section becomes effective.
    (3) The COTP 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 section will be enforced from 10 a.m. 
through 1 p.m. on December 7, 2022.

    Dated: November 21, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2022-25944 Filed 11-28-22; 8:45 am]
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