Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC, 61983-61985 [2015-26193]
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations
Issued in Washington, DC, on this 7th day
of October 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
BILLING CODE 7709–02–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0809]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway; Oak Island, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Atlantic
Intracoastal Waterway near Oak Island,
North Carolina. This action is necessary
to provide the safety of mariners on
navigable waters due to the transfer of
power cables across the Atlantic
Intracoastal Waterway. Entry into or
movement within the safety zone during
the enforcement period is prohibited
without approval of the Captain of the
Port.
DATES: This rule is effective without
actual notice from October 15, 2015
until October 20, 2015. For the purposes
of enforcement, actual notice will be
used from October 12, 2015 until
October 15, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0809]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 rule, call or
email LT Derek J. Burrill, Waterways
Management Division Chief, Sector
North Carolina, Coast Guard; telephone
(910) 772–2230, email Derek.J.Burrill@
uscg.mil. If you have questions on
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Oak Island, North Carolina. To facilitate
the safety of mariners and the public,
the U.S Coast Guard will require
temporary closures of the channel on
October 12, 13, 19, 20, 2015.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone on the navigable
waters of the Atlantic Intracoastal
Waterway within a 100 yard radius of
latitude 33°55′11″ N, longitude
078°03′24″ W in Oak Island, North
Carolina. This safety zone will be
established in the interest of public
safety due to the transfer of power
cables across the Atlantic Intracoastal
Waterway. The regulated area for this
safety zone includes all the water of the
Atlantic Intracoastal Waterway within a
100 yard radius of latitude 33°55′11″ N,
longitude 078°03′24″ W, a position
located north of the Oak Island Fixed
Bridge in Oak Island, North Carolina.
This rule will be enforced on October
12, 13, 19, 20, 2015 during the times of
09:00 a.m. to 12:00 p.m. and 01:00 p.m.
to 04:00 p.m. Vessels authorized by the
Captain of the Port or his/her
Representative to enter or remain in the
safety zone during the above listed time
frame must have a height clearance of
30 feet and greater and are required to
notify on scene Coastal Power and
Electric work boats at a minimum of 40
minutes prior to transiting the area on
VHF marine radio channels 13 or 16 or
via phone at 910–512–1645.
Except for vessels authorized by the
Captain of the Port or his/her
Representative, no person or vessel may
enter or remain in the safety zone
during the time frame listed. The
Captain of the Port will give notice of
the enforcement of the safety zone by all
appropriate means to provide the widest
dissemination of notice among the
affected segments of the public. This
will include publication in the Local
Notice to Mariners and Marine
Information Broadcasts.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
[FR Doc. 2015–26241 Filed 10–14–15; 8:45 am]
ACTION:
61983
A. Regulatory History and 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 final
project details were not submitted to the
Coast Guard until September 4, 2015. As
such, it’s impractical to provide a full
comment period due to lack of time.
Delaying the effective date for comment
would be contrary to the public interest,
since immediate action is needed to
ensure protection of persons and vessels
transiting the area.
For similar reasons, 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. Due
to the need for immediate action, the
restriction of vessel traffic is necessary
to protect life, property and the
environment. Therefore, a 30-day notice
is impracticable. The Coast Guard will
provide advance notifications to users
via marine information broadcasts and
local notice to mariners.
B. Basis and Purpose
The legal basis for this rule is 33
U.S.C. 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, 160.5; Public
Law 107–295, 116 Stat. 2064; and DHS
Delegation No. 0170.1. Under these
authorities the Coast Guard may
establish a safety zone in defined water
areas that are determined to have
hazardous conditions and in which
vessel traffic can be regulated in the
interest of safety.
On October 12, 13, 19, and 20, 2015
Coastal Power will be installing power
cables that will run across the Atlantic
Intracoastal Waterway at latitude
33°55′11″ N, longitude 078°03′24″ W in
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D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The primary impact of these
regulations will be on limiting all
vessels wishing to transit the affected
waterways during enforcement of the
safety zone on the Atlantic Intracoastal
Waterway within a 100 yard radius of
latitude 33°55′11″ N., longitude
078°03′24″ W. in Oak Island, North
Carolina on October 12, 13, 19, and 20,
2015. Although these regulations
prevent traffic from transiting a portion
of the Atlantic Intracoastal Waterway
during this incident, that restriction is
limited in duration, affects only a
limited area, and will be well publicized
to allow mariners to make alternative
plans for transiting the affected area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
waters of the Atlantic Intracoastal
Waterway within a 100 yard radius of
latitude 33°55′11″ N., longitude
078°03′24″ W. position during the
outlined timeframe.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (i) The safety
zone will only be in place for a limited
duration, and (ii) before the enforcement
period, maritime advisories will be
issued allowing mariners to adjust their
plans accordingly.
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3. Assistance for Small Entities
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 contact the person
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listed in the FOR FURTHER INFORMATION
above.
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.
CONTACT,
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
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taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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 the
establishment of a safety zone to protect
life, property and the environment. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. We seek any comments or
information that may lead to the
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Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations
discovery of a significant environmental
impact from this rule.
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:
(d) Enforcement period. This section
will be enforced on October 12, 13, 19,
and 20, 2015, between 9:00 a.m. to 12:00
p.m. and 1:00 p.m. to 4:00 p.m.
Dated: September 23, 2015.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2015–26193 Filed 10–14–15; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
[EPA–HQ–OAR–2013–0369; FRL–9935–69–
OAR]
2. Add § 165.T05–809 to read as
follows:
Protection of Stratospheric Ozone: The
2016 Critical Use Exemption From the
Phaseout of Methyl Bromide
§ 165.T05–809 Safety Zone, Atlantic
Intracoastal Waterway; Oak Island, North
Carolina.
AGENCY:
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■
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, Sector North Carolina.
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
safety zone: Specified waters of the
Captain of the Port Sector North
Carolina zone, as defined in 33 CFR
3.25–10, all waters of the Atlantic
Intracoastal Waterway within a 100 yard
radius of latitude 33°55′11″ N.,
longitude 078°03′24″ W. in Oak Island,
North Carolina.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
North Carolina or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) If on scene proceed as directed by
any commissioned, warrant or petty
officer on shore or on board a vessel that
is displaying a U.S. Coast Guard Ensign.
(ii) [Reserved]
(3) The Captain of the Port, North
Carolina can be reached through the
Sector North Carolina Command Duty
Officer at Sector North Carolina in
Wilmington, North Carolina at
telephone number (910) 343–3882.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
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RIN 2060–AS44
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is authorizing uses that
qualify for the critical use exemption
and the amount of methyl bromide that
may be produced or imported for those
uses for the 2016 control period. EPA is
issuing this action under the authority
of the Clean Air Act to reflect consensus
decisions of the Parties to the Montreal
Protocol on Substances that Deplete the
Ozone Layer at the Twenty-Sixth
Meeting of the Parties in November
2014.
SUMMARY:
This rule is effective on January
1, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2013–0369. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
either electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
DATES:
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61985
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Jeremy Arling, Stratospheric Protection
Division, Office of Atmospheric
Programs, Mail Code 6205T, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; telephone number (202) 343–
9055; email address arling.jeremy@
epa.gov. You may also visit the methyl
bromide section of the Ozone Depletion
Web site of EPA’s Stratospheric
Protection Division at www.epa.gov/
ozone/mbr for further information about
the methyl bromide critical use
exemption, other Stratospheric Ozone
Protection regulations, the science of
ozone layer depletion, and related
topics.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rule concerns Clean Air Act
(CAA) restrictions on the consumption,
production, and use of methyl bromide
(a Class I, Group VI controlled
substance) for critical uses. Under the
Clean Air Act, methyl bromide
consumption (consumption is defined
under section 601 of the CAA as
production plus imports minus exports)
and production were phased out on
January 1, 2005, apart from allowable
exemptions, such as the critical use and
the quarantine and preshipment (QPS)
exemptions. With this action, EPA is
authorizing the uses that will qualify for
the critical use exemption as well as
specific amounts of methyl bromide that
may be produced and imported for
those critical uses for 2016.
II. General Information
A. Does this action apply to me?
Entities and categories of entities
potentially regulated by this action
include producers, importers, and
exporters of methyl bromide;
applicators and distributors of methyl
bromide; and users of methyl bromide
that applied for the 2016 critical use
exemption including growers of
vegetable crops, ornamentals, fruits, and
nursery stock, and owners of stored food
commodities. This list is not intended to
be exhaustive, but rather to provide a
guide for readers regarding entities
likely to be regulated by this action. To
determine whether your facility,
company, business, or organization
could be regulated by this action, you
should carefully examine the
regulations promulgated at 40 CFR part
82, subpart A. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding section.
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]]>Agencies
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Rules and Regulations]
[Pages 61983-61985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26193]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0809]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway; Oak Island, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Atlantic Intracoastal Waterway near Oak Island,
North Carolina. This action is necessary to provide the safety of
mariners on navigable waters due to the transfer of power cables across
the Atlantic Intracoastal Waterway. Entry into or movement within the
safety zone during the enforcement period is prohibited without
approval of the Captain of the Port.
DATES: This rule is effective without actual notice from October 15,
2015 until October 20, 2015. For the purposes of enforcement, actual
notice will be used from October 12, 2015 until October 15, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0809]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email LT Derek J. Burrill, Waterways Management Division Chief,
Sector North Carolina, Coast Guard; telephone (910) 772-2230, email
Derek.J.Burrill@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 final project details were not
submitted to the Coast Guard until September 4, 2015. As such, it's
impractical to provide a full comment period due to lack of time.
Delaying the effective date for comment would be contrary to the public
interest, since immediate action is needed to ensure protection of
persons and vessels transiting the area.
For similar reasons, 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. Due to the need for
immediate action, the restriction of vessel traffic is necessary to
protect life, property and the environment. Therefore, a 30-day notice
is impracticable. The Coast Guard will provide advance notifications to
users via marine information broadcasts and local notice to mariners.
B. Basis and Purpose
The legal basis for this rule is 33 U.S.C. 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,
160.5; Public Law 107-295, 116 Stat. 2064; and DHS Delegation No.
0170.1. Under these authorities the Coast Guard may establish a safety
zone in defined water areas that are determined to have hazardous
conditions and in which vessel traffic can be regulated in the interest
of safety.
On October 12, 13, 19, and 20, 2015 Coastal Power will be
installing power cables that will run across the Atlantic Intracoastal
Waterway at latitude 33[deg]55'11'' N, longitude 078[deg]03'24'' W in
Oak Island, North Carolina. To facilitate the safety of mariners and
the public, the U.S Coast Guard will require temporary closures of the
channel on October 12, 13, 19, 20, 2015.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Atlantic Intracoastal Waterway within a 100
yard radius of latitude 33[deg]55'11'' N, longitude 078[deg]03'24'' W
in Oak Island, North Carolina. This safety zone will be established in
the interest of public safety due to the transfer of power cables
across the Atlantic Intracoastal Waterway. The regulated area for this
safety zone includes all the water of the Atlantic Intracoastal
Waterway within a 100 yard radius of latitude 33[deg]55'11'' N,
longitude 078[deg]03'24'' W, a position located north of the Oak Island
Fixed Bridge in Oak Island, North Carolina. This rule will be enforced
on October 12, 13, 19, 20, 2015 during the times of 09:00 a.m. to 12:00
p.m. and 01:00 p.m. to 04:00 p.m. Vessels authorized by the Captain of
the Port or his/her Representative to enter or remain in the safety
zone during the above listed time frame must have a height clearance of
30 feet and greater and are required to notify on scene Coastal Power
and Electric work boats at a minimum of 40 minutes prior to transiting
the area on VHF marine radio channels 13 or 16 or via phone at 910-512-
1645.
Except for vessels authorized by the Captain of the Port or his/her
Representative, no person or vessel may enter or remain in the safety
zone during the time frame listed. The Captain of the Port will give
notice of the enforcement of the safety zone by all appropriate means
to provide the widest dissemination of notice among the affected
segments of the public. This will include publication in the Local
Notice to Mariners and Marine Information Broadcasts.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under
[[Page 61984]]
section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders. The primary impact of these regulations
will be on limiting all vessels wishing to transit the affected
waterways during enforcement of the safety zone on the Atlantic
Intracoastal Waterway within a 100 yard radius of latitude
33[deg]55'11'' N., longitude 078[deg]03'24'' W. in Oak Island, North
Carolina on October 12, 13, 19, and 20, 2015. Although these
regulations prevent traffic from transiting a portion of the Atlantic
Intracoastal Waterway during this incident, that restriction is limited
in duration, affects only a limited area, and will be well publicized
to allow mariners to make alternative plans for transiting the affected
area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in waters of the Atlantic Intracoastal Waterway
within a 100 yard radius of latitude 33[deg]55'11'' N., longitude
078[deg]03'24'' W. position during the outlined timeframe.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone will only be in place for a limited duration, and (ii)
before the enforcement period, maritime advisories will be issued
allowing mariners to adjust their plans accordingly.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 the establishment of a safety zone to
protect life, property and the environment. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. We seek any comments or information that may
lead to the
[[Page 61985]]
discovery of a significant environmental impact from this rule.
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-809 to read as follows:
Sec. 165.T05-809 Safety Zone, Atlantic Intracoastal Waterway; Oak
Island, North Carolina.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. 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 safety zone: Specified waters
of the Captain of the Port Sector North Carolina zone, as defined in 33
CFR 3.25-10, all waters of the Atlantic Intracoastal Waterway within a
100 yard radius of latitude 33[deg]55'11'' N., longitude
078[deg]03'24'' W. in Oak Island, North Carolina.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port, North Carolina or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) If on scene proceed as directed by any commissioned, warrant or
petty officer on shore or on board a vessel that is displaying a U.S.
Coast Guard Ensign.
(ii) [Reserved]
(3) The Captain of the Port, North Carolina can be reached through
the Sector North Carolina Command Duty Officer at Sector North Carolina
in Wilmington, North Carolina at telephone number (910) 343-3882.
(4) The Coast Guard Representatives 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 period. This section will be enforced on October
12, 13, 19, and 20, 2015, between 9:00 a.m. to 12:00 p.m. and 1:00 p.m.
to 4:00 p.m.
Dated: September 23, 2015.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2015-26193 Filed 10-14-15; 8:45 am]
BILLING CODE 9110-04-P
