Security Zone; Cape Fear River, Eagle Island, North Carolina State Port Authority Terminal, Wilmington, NC, 16411-16413 [05-6389]

Download as PDF Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations Dated: January 7, 2005. Jo Anne B. Barnhart, Commissioner of Social Security. For the reasons set out in the preamble, we are amending subpart E of part 404 of chapter III of title 20 of the Code of Federal Regulations as set forth below: I PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950— ) Subpart E—[Amended] 1. The authority citation for subpart E of part 404 continues to read as follows: I Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(1), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 416(1), 423(e), 424a, 425, 902(a)(5), and 1320a–8a) and 48 U.S.C. 1801. 2. Section 404.464 is revised to read as follows: I § 404.464 How does deportation or removal from the United States affect the receipt of benefits? (a) Old-age or disability insurance benefits. (1) You cannot receive an oldage or disability benefit for any month that occurs after the month we receive notice from the Secretary of Homeland Security or the Attorney General of the United States that you were: (i) Deported under the provisions of section 241(a) of the Immigration and Nationality Act (INA) that were in effect before April 1, 1997, unless your deportation was under: (A) Paragraph (1)(C) of that section; or (B) Paragraph (1)(E) of that section and we received notice of your deportation under this paragraph before March 3, 2004; (ii) Removed as deportable under the provisions of section 237(a) of the INA as in effect beginning April 1, 1997, unless your removal was under: (A) Paragraph (1)(C) of that section; or (B) Paragraph (1)(E) of that section and we received notice of your removal under this paragraph before March 3, 2004; or (iii) Removed as inadmissible under the provisions of section 212(a)(6)(A) of the INA as in effect beginning April 1, 1997. (2) Benefits that cannot be paid to you because of your deportation or removal under paragraph (a)(1) of this section may again be payable for any month subsequent to your deportation or removal that you are lawfully admitted to the United States for permanent residence. You are considered lawfully admitted for permanent residence as of the month you enter the United States with permission to reside here permanently. VerDate jul<14>2003 16:09 Mar 30, 2005 Jkt 205001 (b) Dependents or survivors benefits. If an insured person on whose record you are entitled cannot be paid (or could not have been paid while still alive) an old-age or disability benefit for a month(s) because of his or her deportation or removal under paragraph (a)(1) of this section, you cannot be paid a dependent or survivor benefit on the insured person’s record for that month(s) unless: (1) You are a U.S citizen; or (2) You were present in the United States for the entire month. (This means you were not absent from the United States for any period during the month, no matter how short.) (c) Lump sum death payment. A lump sum death payment cannot be paid on the record of a person who died: (1) In or after the month we receive from the Secretary of Homeland Security or the Attorney General of the United States notice of his or her deportation or removal under the provisions of the INA specified in paragraph (a)(1) of this section (excluding the exceptions under paragraphs (a)(1)(i)(A) and (B) and (ii)(A) and (B) of this section); and (2) Before the month in which the deceased person was thereafter lawfully admitted to the United States for permanent residence. [FR Doc. 05–6400 Filed 3–30–05; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05–05–018] RIN 1625–AA87 Security Zone; Cape Fear River, Eagle Island, North Carolina State Port Authority Terminal, Wilmington, NC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary security zone at the North Carolina State Port Authority (NCSPA), Wilmington to include the Cape Fear River and Eagle Island. Entry into or movement within the security zone will be prohibited without authorization from the COTP. This action is necessary to safeguard the vessels and the facility from sabotage, subversive acts, or other threats. DATES: This rule is effective from April 1, 2005, until October 1, 2005. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 16411 Documents indicated in this preamble as being available in the docket are part of docket CGD05–05– 018 and are available for inspection or copying at the Marine Safety Office 721 Medical Center Drive, Suite 100, Wilmington, North Carolina 28401 between 7:30 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LCDR Charles A. Roskam II, Chief Port Operations (910) 772–2200 or toll free (877) 229–0770. SUPPLEMENTARY INFORMATION: ADDRESSES: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this rule. The Coast Guard is promulgating this security zone regulation to protect NCSPA Wilmington and the surrounding vicinity from threats to national security. Accordingly, based on the military function exception set forth in the Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice-and-comment rulemaking and advance publication are not required for this regulation. Background and Purpose Vessels frequenting the North Carolina State Port Authority (NCSPA) Wilmington facility serve as a vital link in the transportation of military munitions, explosives, equipment, and personnel in support of Department of Defense missions at home and abroad. This vital transportation link is potentially at risk to acts of terrorism, sabotage and other criminal acts. Munitions and explosives laden vessels also pose a unique threat to the safety and security of the NCSPA Wilmington, vessel crews, and others in the maritime and surrounding community should the vessels be subject to acts of terrorism or sabotage, or other criminal acts. The ability to control waterside access to vessels laden with munitions and explosives, as well as those used to transport military equipment and personnel, moored at the NCSPA Wilmington is critical to national defense and security, as well as to the safety and security of the NCSPA Wilmington, vessel crews, and others in the maritime and surrounding community. Therefore, the Coast Guard is establishing this security zone to safeguard human life, vessels and facilities from sabotage, terrorist acts or other criminal acts. Discussion of Rule The security zone is necessary to provide security for, and prevent acts of terrorism against vessels loading or offloading at the NCSPA Wilmington facility during a military operation. It E:\FR\FM\31MRR1.SGM 31MRR1 16412 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations will include an area from 800 yards south of the Cape Fear River Bridge encompassing the southern end of Eagle Island, the Cape Fear River, and the grounds of the State Port Authority Terminal south to South Wilmington Terminal. The security zone will prevent access to unauthorized persons who may attempt to enter the secure area via the Cape Fear River, the North Carolina State Port Authority terminal, or use Eagle Island as vantage point for surveillance of the secure area. The security zone will protect vessels moored at the facility, their crews, others in the maritime community and the surrounding communities from subversive or terrorist attack that could cause serious negative impact to vessels, the port, or the environment, and result in numerous casualties. No person or vessel may enter or remain in the security zone at any time without the permission of the Captain of the Port, Wilmington. Each person or vessel operating within the security zone will obey any direction or order of the Captain of the Port. The Captain of the Port may take possession and control of any vessel in a security zone and/or remove any person, vessel, article or thing from this security zone. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). Although this regulation restricts access to the security zone, the effect of this regulation will not be significant because: (i) The COTP or his or her representative may authorize access to the security zone; (ii) the security zone will be enforced for limited duration; and (iii) the Coast Guard will make notifications via maritime advisories so mariners can adjust their plans accordingly. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not VerDate jul<14>2003 16:09 Mar 30, 2005 Jkt 205001 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. This rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of the Cape Fear River that is within the security zone. This security zone will not have a significant economic impact on a substantial number of small entities for the following reasons. Although the security zone will apply to the entire width of the river, traffic will be allowed to pass through the zone with the permission of the COTP or his or her designated representative. Before the effective period, we will issue maritime advisories widely available to users of the river. this rule under that Order and have determined that it does not have implications for federalism. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. If the rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the address listed under ADDRESSES. 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). Civil Justice Reform Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 70, No. 61 / Thursday, March 31, 2005 / Rules and Regulations of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’will be available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C 191, 195; 33 CFR 1.05– 1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107– VerDate jul<14>2003 16:09 Mar 30, 2005 Jkt 205001 295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05–018 to read as follows: I 165.T05–018—Security Zone: Cape Fear River, Eagle Island and North Carolina State Port Authority Terminal, Wilmington, NC. (a) Location. The following area is a security zone: The grounds of the North Carolina State Port Authority, Wilmington Terminal and the southern portion of Eagle Island; and an area encompassed from South Wilmington Terminal at 34°10′38.394″ N, 077°57′16.248″ W (Point 1); across Cape Fear River to Southern most entrance of Brunswick River on the West Bank at 34°10′38.052″ N, 077°57′43.143″ W (Point 2); extending along the West bank of the Brunswick River for approximately 750 yards to 34°10′57.062″ N, 077°58′01.342″ W (Point 3); proceeding North across the Brunswick River to the east bank at 34′11′04.846″ N, 077°58′02.861″ W (Point 4) and continuing north on the east bank for approximately 5000 yards along Eagle Island to 34°13′17.815″ N, 077°58′30.671″ W (Point 5); proceeding East to 34°13′19.488″ N, 077°58′24.414″ W (Point 6); and then approximately 1700 yards to 34°13′27.169″ N, 077°57′51.753″ W (Point 7); proceeding East to 34°13′21.226″ N, 077°57′19.264″ W (Point 8); then across Cape Fear River to the Northeast corner of the Colonial Terminal Pier at 34°13′18.724″ N, 077°57′07.401″ W (Point 9), 800 yards South of Cape Fear Memorial Bridge; proceeding South along shoreline (east bank) of Cape Fear River for approximately 500 yards; proceeding east inland to Wilmington State Port property line at 34°13′03.196″ N, 077°56′52.211″W (Point 10); extending South along Wilmington State Port property line to 34°12′43.409″ N, 077°56′50.815″ W (Point 11); proceeding to the North entrance of Wilmington State Port at 34°12′28.854″ N, 077°57′01.017″ W (Point 12); proceeding South along Wilmington State Port property line to 34°12′20.819″ N, 077°57′08.871″ W (Point 13); continuing South along the Wilmington State Port property line to 34°12′08.164″ N, 077°57′08.530″ W (Point 14); continuing along State Port property to 34°11′44.426″ N, 077°56′55.003″ W (Point 15); proceeding South to the main gate of the Wilmington State Port at 34°11′29.578″ N, 077°56′55.240″ W (Point 16); proceeding South approximately 750 yards to the Southeast property corner of the Apex facility at 34°11′10.936″ N, 077°57′04.798″ W (Point 17); proceeding West to East bank of Cape Fear River at PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 16413 34°11′11.092″ N, 077°57′17.146″ W (Point 18); and proceeding South along East bank of Cape Fear River to original point of origin at 34°10′38.394″ N, 077°57′16.248″ W (Point 1). (NAD 1983) (b) Captain of the Port. Captain of the Port means the Commanding Officer of the Marine Safety Office Wilmington, NC, or any Coast Guard commissioned, warrant, or petty officer who has been authorized to act on her behalf. (c) Regulations. (1) All persons are required to comply with the general regulations governing security zones in 33 CFR 165.33. (2) Persons or vessels with a need to enter or get passage within the security zone, must first request authorization from the Captain of the Port. The Captain of the Port’s representative enforcing the zone can be contacted on VHF marine band radio, channel 16. The Captain of the Port can be contacted at (910) 772–2200 or toll free (877) 229– 0770. (3) The operator of any vessel within this security zone must: (i) Stop the vessel immediately upon being directed to do so by the Captain of the Port or his or her designated representative. (ii) Proceed as directed by the Captain of the Port or his or her designated representative. (d) Effective period. This section is effective from April 1, 2005, until October 1, 2005. Dated: March 14, 2005. Jane M. Hartley, Captain, U.S. Coast Guard, Captain of the Port, Wilmington, North Carolina. [FR Doc. 05–6389 Filed 3–30–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Francisco Bay 05–003] RIN 1625–AA00 Safety Zone; Mission Creek Waterway, China Basin, San Francisco Bay, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone in the navigable waters of the Mission Creek Waterway in China Basin surrounding the construction site of the Fourth Street Bridge, San Francisco, California. This temporary safety zone is necessary to protect persons and vessels E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Rules and Regulations]
[Pages 16411-16413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6389]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-05-018]
RIN 1625-AA87


Security Zone; Cape Fear River, Eagle Island, North Carolina 
State Port Authority Terminal, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone at 
the North Carolina State Port Authority (NCSPA), Wilmington to include 
the Cape Fear River and Eagle Island. Entry into or movement within the 
security zone will be prohibited without authorization from the COTP. 
This action is necessary to safeguard the vessels and the facility from 
sabotage, subversive acts, or other threats.

DATES: This rule is effective from April 1, 2005, until October 1, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-05-018 and are available for 
inspection or copying at the Marine Safety Office 721 Medical Center 
Drive, Suite 100, Wilmington, North Carolina 28401 between 7:30 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Charles A. Roskam II, Chief Port 
Operations (910) 772-2200 or toll free (877) 229-0770.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. The Coast Guard is promulgating this security zone regulation to 
protect NCSPA Wilmington and the surrounding vicinity from threats to 
national security. Accordingly, based on the military function 
exception set forth in the Administrative Procedure Act, 5 U.S.C. 
553(a)(1), notice-and-comment rulemaking and advance publication are 
not required for this regulation.

Background and Purpose

    Vessels frequenting the North Carolina State Port Authority (NCSPA) 
Wilmington facility serve as a vital link in the transportation of 
military munitions, explosives, equipment, and personnel in support of 
Department of Defense missions at home and abroad. This vital 
transportation link is potentially at risk to acts of terrorism, 
sabotage and other criminal acts. Munitions and explosives laden 
vessels also pose a unique threat to the safety and security of the 
NCSPA Wilmington, vessel crews, and others in the maritime and 
surrounding community should the vessels be subject to acts of 
terrorism or sabotage, or other criminal acts. The ability to control 
waterside access to vessels laden with munitions and explosives, as 
well as those used to transport military equipment and personnel, 
moored at the NCSPA Wilmington is critical to national defense and 
security, as well as to the safety and security of the NCSPA 
Wilmington, vessel crews, and others in the maritime and surrounding 
community. Therefore, the Coast Guard is establishing this security 
zone to safeguard human life, vessels and facilities from sabotage, 
terrorist acts or other criminal acts.

Discussion of Rule

    The security zone is necessary to provide security for, and prevent 
acts of terrorism against vessels loading or offloading at the NCSPA 
Wilmington facility during a military operation. It

[[Page 16412]]

will include an area from 800 yards south of the Cape Fear River Bridge 
encompassing the southern end of Eagle Island, the Cape Fear River, and 
the grounds of the State Port Authority Terminal south to South 
Wilmington Terminal.
    The security zone will prevent access to unauthorized persons who 
may attempt to enter the secure area via the Cape Fear River, the North 
Carolina State Port Authority terminal, or use Eagle Island as vantage 
point for surveillance of the secure area. The security zone will 
protect vessels moored at the facility, their crews, others in the 
maritime community and the surrounding communities from subversive or 
terrorist attack that could cause serious negative impact to vessels, 
the port, or the environment, and result in numerous casualties.
    No person or vessel may enter or remain in the security zone at any 
time without the permission of the Captain of the Port, Wilmington. 
Each person or vessel operating within the security zone will obey any 
direction or order of the Captain of the Port. The Captain of the Port 
may take possession and control of any vessel in a security zone and/or 
remove any person, vessel, article or thing from this security zone.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    Although this regulation restricts access to the security zone, the 
effect of this regulation will not be significant because: (i) The COTP 
or his or her representative may authorize access to the security zone; 
(ii) the security zone will be enforced for limited duration; and (iii) 
the Coast Guard will make notifications via maritime advisories so 
mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in a portion of the Cape Fear River that is within the 
security zone.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Although the security zone will apply to the entire width of the river, 
traffic will be allowed to pass through the zone with the permission of 
the COTP or his or her designated representative. Before the effective 
period, we will issue maritime advisories widely available to users of 
the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office

[[Page 16413]]

of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination''will be available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.


0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C 
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add temporary Sec.  165.T05-018 to read as follows:


165.T05-018--Security Zone:  Cape Fear River, Eagle Island and North 
Carolina State Port Authority Terminal, Wilmington, NC.

    (a) Location. The following area is a security zone: The grounds of 
the North Carolina State Port Authority, Wilmington Terminal and the 
southern portion of Eagle Island; and an area encompassed from South 
Wilmington Terminal at 34[deg]10'38.394'' N, 077[deg]57'16.248'' W 
(Point 1); across Cape Fear River to Southern most entrance of 
Brunswick River on the West Bank at 34[deg]10'38.052'' N, 
077[deg]57'43.143'' W (Point 2); extending along the West bank of the 
Brunswick River for approximately 750 yards to 34[deg]10'57.062'' N, 
077[deg]58'01.342'' W (Point 3); proceeding North across the Brunswick 
River to the east bank at 34'11'04.846'' N, 077[deg]58'02.861'' W 
(Point 4) and continuing north on the east bank for approximately 5000 
yards along Eagle Island to 34[deg]13'17.815'' N, 077[deg]58'30.671'' W 
(Point 5); proceeding East to 34[deg]13'19.488'' N, 077[deg]58'24.414'' 
W (Point 6); and then approximately 1700 yards to 34[deg]13'27.169'' N, 
077[deg]57'51.753'' W (Point 7); proceeding East to 34[deg]13'21.226'' 
N, 077[deg]57'19.264'' W (Point 8); then across Cape Fear River to the 
Northeast corner of the Colonial Terminal Pier at 34[deg]13'18.724'' N, 
077[deg]57'07.401'' W (Point 9), 800 yards South of Cape Fear Memorial 
Bridge; proceeding South along shoreline (east bank) of Cape Fear River 
for approximately 500 yards; proceeding east inland to Wilmington State 
Port property line at 34[deg]13'03.196'' N, 077[deg]56'52.211''W (Point 
10); extending South along Wilmington State Port property line to 
34[deg]12'43.409'' N, 077[deg]56'50.815'' W (Point 11); proceeding to 
the North entrance of Wilmington State Port at 34[deg]12'28.854'' N, 
077[deg]57'01.017'' W (Point 12); proceeding South along Wilmington 
State Port property line to 34[deg]12'20.819'' N, 077[deg]57'08.871'' W 
(Point 13); continuing South along the Wilmington State Port property 
line to 34[deg]12'08.164'' N, 077[deg]57'08.530'' W (Point 14); 
continuing along State Port property to 34[deg]11'44.426'' N, 
077[deg]56'55.003'' W (Point 15); proceeding South to the main gate of 
the Wilmington State Port at 34[deg]11'29.578'' N, 077[deg]56'55.240'' 
W (Point 16); proceeding South approximately 750 yards to the Southeast 
property corner of the Apex facility at 34[deg]11'10.936'' N, 
077[deg]57'04.798'' W (Point 17); proceeding West to East bank of Cape 
Fear River at 34[deg]11'11.092'' N, 077[deg]57'17.146'' W (Point 18); 
and proceeding South along East bank of Cape Fear River to original 
point of origin at 34[deg]10'38.394'' N, 077[deg]57'16.248'' W (Point 
1). (NAD 1983)
    (b) Captain of the Port. Captain of the Port means the Commanding 
Officer of the Marine Safety Office Wilmington, NC, or any Coast Guard 
commissioned, warrant, or petty officer who has been authorized to act 
on her behalf.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing security zones in 33 CFR 165.33.
    (2) Persons or vessels with a need to enter or get passage within 
the security zone, must first request authorization from the Captain of 
the Port. The Captain of the Port's representative enforcing the zone 
can be contacted on VHF marine band radio, channel 16. The Captain of 
the Port can be contacted at (910) 772-2200 or toll free (877) 229-
0770.
    (3) The operator of any vessel within this security zone must:
    (i) Stop the vessel immediately upon being directed to do so by the 
Captain of the Port or his or her designated representative.
    (ii) Proceed as directed by the Captain of the Port or his or her 
designated representative.
    (d) Effective period. This section is effective from April 1, 2005, 
until October 1, 2005.

    Dated: March 14, 2005.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, North 
Carolina.
[FR Doc. 05-6389 Filed 3-30-05; 8:45 am]
BILLING CODE 4910-15-P

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