Safety Zone; Neuse River, New Bern, NC, 21164-21167 [2010-9497]
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Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations
Executive Order 13132, we determine
that this regulation does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment.
therefore alter the regulations
accordingly.
Further, due to the court’s findings
regarding § 540.20(b), the identical
provision in § 540.62(d) will also be
deleted.
Administrative Procedure Act
The Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) allows exceptions to
notice-and-comment rulemaking ‘‘when
the agency for good cause finds * * *
that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.’’
Further, § 553(d) provides an exception
to the usual requirement of a delayed
effective date when an agency finds
‘‘good cause’’ that the rule be made
immediately effective.
This rulemaking is exempt from
normal notice-and-comment procedures
because advance notice and public
comment in this instance is
impracticable. It is impracticable to
invite public comment on the result of
a court order which invalidated the
regulatory provision which we now seek
to remove. Further, prompt
implementation of the court order is
necessary to protect the Bureau from
liability arising from potential
application of an invalidated regulation,
and to afford inmates the benefit of the
court’s decision. Otherwise, this
rulemaking makes no change to any
rights or responsibilities of the agency
or any regulated entities. For the same
reasons, the Bureau finds that ‘‘good
cause’’ exists to make this rule effective
upon publication. Nevertheless, the
Bureau invites public comment on this
interim rule.
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Executive Order 12866
This regulation falls within a category
of actions that the Office of Management
and Budget (OMB) has determined to
constitute ‘‘significant regulatory
actions’’ under section 3(f) of Executive
Order 12866 and, accordingly, it was
reviewed by OMB.
The Bureau of Prisons has assessed
the costs and benefits of this regulation
as required by Executive Order 12866
Section 1(b)(6) and has made a reasoned
determination that the benefits of this
regulation justify its costs. There will be
no new costs associated with this
regulation.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, under
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Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and by approving it certifies that it will
not have a significant economic impact
upon a substantial number of small
entities for the following reasons: This
regulation pertains to the correctional
management of offenders and
immigration detainees committed to the
custody of the Attorney General or the
Director of the Bureau of Prisons, and its
economic impact is limited to the
Bureau’s appropriated funds.
committed on or after November 1, 1987),
5006–5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 28
U.S.C. 509, 510.
Subpart B—Correspondence
■
2. Revise § 540.20(b) as follows:
§ 540.20 Inmate correspondence with
representatives of the news media.
*
*
*
*
*
(b) The inmate may not receive
compensation or anything of value for
correspondence with the news media.
The inmate may not act as reporter.
*
*
*
*
*
Subpart E—Contact With News Media
■
3. Revise § 540.62(d) as follows:
§ 540.62
Institutional visits.
Unfunded Mandates Reform Act of
1995
This regulation will not result in the
expenditure by State, local and Tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
*
Small Business Regulatory Enforcement
Fairness Act of 1996
This regulation is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This regulation will not result in
an annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
Coast Guard
List of Subjects in 28 CFR Part 540
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
Under rulemaking authority vested in
the Attorney General in 5 U.S.C 301; 28
U.S.C. 509, 510 and delegated to the
Director, Bureau of Prisons amends 28
CFR part 540 as follows.
■
PART 540—CONTACT WITH PERSONS
IN THE COMMUNITY
1. Revise the authority citation for 28
CFR part 540 to read as follows:
■
Authority: 5 U.S.C. 301; 551, 552a; 18
U.S.C. 1791, 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses
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*
*
*
*
(d) An inmate currently confined in
an institution may not be employed or
act as a reporter.
*
*
*
*
*
[FR Doc. 2010–9373 Filed 4–22–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
[Docket No. USCG–2010–0256]
RIN 1625–AA00
Safety Zone; Neuse River, New Bern,
NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of the Neuse River in support
of the New Bern, North Carolina
Tercentennial Celebration. All vessels
are prohibited from transiting the zone
except as specifically authorized by the
Captain of the Port or his designated
representative. The temporary safety
zone is necessary to provide for the
safety of the crews, spectators, and other
users and vessels of the waterway
during a Civil War naval bombardment
reenactment.
DATES: This rule is effective from 11:30
a.m. through 8 p.m. on May 8, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0256 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0256 in the ‘‘Keyword’’
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box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail CWO4 Stephen
Lyons, Waterways Management
Division Chief, Coast Guard Sector
North Carolina; telephone (252) 247–
4525, e-mail
Stephen.W.Lyons2@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final 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
insufficient notice was provided to the
Coast Guard to publish an NPRM and
because the Coast Guard must take
immediate measures to ensure the safety
of life and property on the navigable
waters of the United States.
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
would be contrary to public interest,
since immediate action is needed to
ensure the public’s safety from the
hazards associated with maneuvering
deep draft sailing vessels in the limits
of a narrow channel and the firing of
black powder cannons during a Civil
War naval bombardment reenactment.
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Basis and Purpose
The City of New Bern, North Carolina
is sponsoring a Civil War naval
bombardment reenactment on the
waters of the Neuse River. The naval
bombardment will include the 62′
Skipjack Ada Mae, the 72′ Gaff Rigged
Schooner Jeanie B, and the 58′
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Brigantine Meka II. The sailing vessels
will be under sail and firing black
powder cannons within the confines of
the safety zone. Due to their limited
maneuverability and draft, the event
vessels are restricted to within 200
yards of the main channel.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone on the waters of
the Neuse River bound to the west by
the U.S. Route 70 Highway Draw Bridge,
from James City extending 700 yards
east along the U.S. Highway 17 Highway
Fixed Bridge, to a point 300 yards due
east of Neuse River Daybeacon 34. The
limits of the safety zone will encompass
all the waters of the Neuse River bound
by the following points; onshore at New
Bern in approximate position 35°06′12″
W; 077°02′12″ N thence to 35°05′52″ W;
077°02′15″ N thence to 35°05′49″ W;
077°01′49″ N thence to 35°06′17″ W;
077°01′48″ N thence to 35°06′21″ W;
077°02′06″ N. The temporary safety
zone will be enforced from 11:30 a.m. to
1 p.m. and from 6:30 p.m. to 8 p.m. on
May 8, 2010. The safety zone is
necessary to provide for the safety of the
participating vessels, crews, spectators,
sponsor vessels, and other users and
vessels of the waterway. Persons and
vessels will be prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
a designated representative.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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. Although this regulation will
restrict access to the area, the effect of
this rule will not be significant because:
(i) The safety zone will be in effect for
a limited duration of time; and (ii), the
Coast Guard will give advance
notification 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
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21165
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 tugs
and barges, recreational, and fishing
vessels intending to transit the specified
portion of the Neuse River from 11:30
a.m. to 1 p.m. and from 6:30 p.m. to 8
p.m. on May 8, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for a limited duration of time
and before the effective period, the
Coast Guard will issue maritime
advisories widely available to the users
of the waterway.
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.
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.
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
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Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Rules and Regulations
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 (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.
Taking of Private Property
This rule will not cause 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.
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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
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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
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
establishes a temporary safety zone to
protect the general public from the
hazards associated with maneuvering
deep draft sailing vessels in the limits
of a narrow channel and the firing of
black powder cannons during a civil
war naval bombardment reenactment.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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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
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, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0256 to read as
follows:
■
§ 165.T05–0256
New Bern, NC.
Safety Zone; Neuse River,
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector North Carolina.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized to
act on the behalf of the Captain of the
Port.
(b) Location. The following area is a
temporary safety zone: the waters of the
Neuse River bound to the west by the
U.S. Route 70 Highway Draw Bridge,
from James City extending 700 yards
east along the U.S. Highway 17 Highway
Fixed Bridge, to a point 300 yards due
east of Neuse River Daybeacon 34. This
zone includes all the waters of the
Neuse River bound by the following
points; Onshore at New Bern in
approximate position 35°06′12″ W;
077°02′12″ N thence to 35°05′52″ W;
077°02′15″ N thence to 35°05′49″ W;
077°01′49″ N thence to 35°06′17″ W;
077°01′48″ N thence to 35°06′21″ W;
077°02′06″ N.
(c) Regulations. (1) The general
regulations contained in § 165.23 of this
part apply to the area described in
paragraph (b) of this section.
(2) Persons or vessels requiring entry
into or passage through any portion of
the safety zone must first request
authorization from the Captain of the
Port, or a designated representative,
unless the Captain of the Port
previously announced via Marine Safety
Radio Broadcast on VHF Marine Band
Radio channel 22 (157.1 MHz) that this
regulation will not be enforced in that
portion of the safety zone. The Captain
of the Port can be contacted at telephone
number (252) 247–4570 or by radio on
VHF Marine Band Radio, channels 13
and 16.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement period. This section
will be enforced from 11:30 a.m. to
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1 p.m. and from 6:30 p.m. to 8 p.m. on
May 8, 2010 unless cancelled earlier by
the Captain of the Port.
Dated: April 6, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
Regulatory Information
On March 5, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations for
Marine Events; Chester River,
Chestertown, MD’’ in the Federal
Register (75 FR 043). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
[FR Doc. 2010–9497 Filed 4–22–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0081]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Chester River, Chestertown,
MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations
during the reenactment portion of the
‘‘Chestertown Tea Party Festival’’, a
marine event to be held on the waters
of the Chester River, Chestertown, MD
on May 29, 2010. These special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to temporarily restrict vessel
traffic in a portion of the Chester River
during the event.
DATES: This rule is effective from 10
a.m. until 5 p.m. on May 29, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0081 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0081 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Mr. Ronald Houck,
Sector Baltimore Waterways
Management Division, Coast Guard;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
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Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Basis and Purpose
On May 29, 2010, the Chestertown
Tea Party Festival will sponsor a
reenactment in the Chester River at
Chestertown, MD. The key component
of the event consists of the Schooner
SULTANA departing from its berth in
Chestertown, transiting 200 yards to an
anchorage location, embarking and
disembarking Tea Party actors by
dinghy, and then returning to its berth.
Due to the need for vessel control
during the event, the Coast Guard will
temporarily restrict vessel traffic in the
event area to provide for the safety of
participants, spectators and other
transiting vessels.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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. Although this regulation will
prevent traffic from transiting a portion
of the Chester River during the event,
the effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via the Local Notice to
Mariners and marine information
broadcasts, so mariners can adjust their
plans accordingly. Additionally, the
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21167
regulated area has been narrowly
tailored to impose the least impact on
general navigation yet provide the level
of safety deemed necessary. Vessel
traffic will be able to transit safely
around the regulated area.
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 may affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the effected portions of the Chester
River during the event.
Although this regulation prevents
traffic from transiting a portion of the
Chester River at Chestertown, MD
during the event, this rule will not have
a significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
in effect for only a limited period. The
regulated area is of limited size. Vessel
traffic will be able to transit safely
around the regulated area. Before the
enforcement period, we will issue
maritime advisories so mariners can
adjust their plans accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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
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]]>Agencies
[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Rules and Regulations]
[Pages 21164-21167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9497]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0256]
RIN 1625-AA00
Safety Zone; Neuse River, New Bern, 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
waters of the Neuse River in support of the New Bern, North Carolina
Tercentennial Celebration. All vessels are prohibited from transiting
the zone except as specifically authorized by the Captain of the Port
or his designated representative. The temporary safety zone is
necessary to provide for the safety of the crews, spectators, and other
users and vessels of the waterway during a Civil War naval bombardment
reenactment.
DATES: This rule is effective from 11:30 a.m. through 8 p.m. on May 8,
2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0256 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-0256 in the
``Keyword''
[[Page 21165]]
box, and then clicking ``Search.'' They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone (252) 247-
4525, e-mail Stephen.W.Lyons2@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 insufficient notice was provided to
the Coast Guard to publish an NPRM and because the Coast Guard must
take immediate measures to ensure the safety of life and property on
the navigable waters of the United States.
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 would
be contrary to public interest, since immediate action is needed to
ensure the public's safety from the hazards associated with maneuvering
deep draft sailing vessels in the limits of a narrow channel and the
firing of black powder cannons during a Civil War naval bombardment
reenactment.
Basis and Purpose
The City of New Bern, North Carolina is sponsoring a Civil War
naval bombardment reenactment on the waters of the Neuse River. The
naval bombardment will include the 62' Skipjack Ada Mae, the 72' Gaff
Rigged Schooner Jeanie B, and the 58' Brigantine Meka II. The sailing
vessels will be under sail and firing black powder cannons within the
confines of the safety zone. Due to their limited maneuverability and
draft, the event vessels are restricted to within 200 yards of the main
channel.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on the
waters of the Neuse River bound to the west by the U.S. Route 70
Highway Draw Bridge, from James City extending 700 yards east along the
U.S. Highway 17 Highway Fixed Bridge, to a point 300 yards due east of
Neuse River Daybeacon 34. The limits of the safety zone will encompass
all the waters of the Neuse River bound by the following points;
onshore at New Bern in approximate position 35[deg]06'12'' W;
077[deg]02'12'' N thence to 35[deg]05'52'' W; 077[deg]02'15'' N thence
to 35[deg]05'49'' W; 077[deg]01'49'' N thence to 35[deg]06'17'' W;
077[deg]01'48'' N thence to 35[deg]06'21'' W; 077[deg]02'06'' N. The
temporary safety zone will be enforced from 11:30 a.m. to 1 p.m. and
from 6:30 p.m. to 8 p.m. on May 8, 2010. The safety zone is necessary
to provide for the safety of the participating vessels, crews,
spectators, sponsor vessels, and other users and vessels of the
waterway. Persons and vessels will be prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or a designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. Although this regulation will restrict
access to the area, the effect of this rule will not be significant
because: (i) The safety zone will be in effect for a limited duration
of time; and (ii), the Coast Guard will give advance notification 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 tugs and barges,
recreational, and fishing vessels intending to transit the specified
portion of the Neuse River from 11:30 a.m. to 1 p.m. and from 6:30 p.m.
to 8 p.m. on May 8, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for a limited duration of time and before the
effective period, the Coast Guard will issue maritime advisories widely
available to the users of the waterway.
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.
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.
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
[[Page 21166]]
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 (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.
Taking of Private Property
This rule will not cause 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule establishes a temporary safety zone to
protect the general public from the hazards associated with maneuvering
deep draft sailing vessels in the limits of a narrow channel and the
firing of black powder cannons during a civil war naval bombardment
reenactment. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec. 165.T05-0256 to read as follows:
Sec. 165.T05-0256 Safety Zone; Neuse River, New Bern, NC.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Designated
representative means any Coast Guard commissioned, warrant, or petty
officer who has been authorized to act on the behalf of the Captain of
the Port.
(b) Location. The following area is a temporary safety zone: the
waters of the Neuse River bound to the west by the U.S. Route 70
Highway Draw Bridge, from James City extending 700 yards east along the
U.S. Highway 17 Highway Fixed Bridge, to a point 300 yards due east of
Neuse River Daybeacon 34. This zone includes all the waters of the
Neuse River bound by the following points; Onshore at New Bern in
approximate position 35[deg]06'12'' W; 077[deg]02'12'' N thence to
35[deg]05'52'' W; 077[deg]02'15'' N thence to 35[deg]05'49'' W;
077[deg]01'49'' N thence to 35[deg]06'17'' W; 077[deg]01'48'' N thence
to 35[deg]06'21'' W; 077[deg]02'06'' N.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
(2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number (252) 247-4570 or by radio on
VHF Marine Band Radio, channels 13 and 16.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 11:30
a.m. to
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1 p.m. and from 6:30 p.m. to 8 p.m. on May 8, 2010 unless cancelled
earlier by the Captain of the Port.
Dated: April 6, 2010.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2010-9497 Filed 4-22-10; 8:45 am]
BILLING CODE 9110-04-P
