Safety Zone, Atlantic Intracoastal Waterway, Camp Lejeune, NC, 15384-15386 [2020-05533]
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Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
jbell on DSKJLSW7X2PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation issued in
conjunction with a regatta or marine
parade enforced for ten hours daily over
a period of three days that will prohibit
non-participant persons and vessels
from entering, transiting through,
remaining within, or anchoring in the
regulated area. It is categorically
excluded from further review under
paragraph L61 in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
VerDate Sep<11>2014
18:10 Mar 17, 2020
Jkt 250001
on locating the docket, see the
section of this preamble.
ADDRESSES
G. 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR
1.05–1.
2. Add § 100.T07–0153 to read as
follows:
■
§ 100.T07–0153 Special Local Regulation;
Gulfport Grand Prix, Boca de Ciego;
Gulfport, FL.
(a) Location. The following regulated
areas are established as a special local
regulation. All coordinates are North
American Datum 1983.
(1) Race area. All waters of Boca de
Ciego contained within the following
points: 27°44′10″ N, 082°42′29″ W,
thence to position 27°44′07″ N,
082°42′40″ W, thence to position
27°44′06″ N, 082°42′40″ W, thence to
position 27°44′04″ N, 082°42′29″ W,
thence to position 27°44′07″ N,
082°42′19″ W, thence to position
27°44′08″ N, 082°42′19″ W, thence back
to the original position, 27°44′10″ N,
082°42′29″ W.
(2) Buffer zone. All waters of Boca de
Ciego encompassed within the
following points: 27°44′10″ N,
082°42′47″ W, thence to position
27°44′01″ N, 082°42′44″ W, thence to
position 27°44′01″ N, 082°42′14″ W,
thence to position 27°44′15″ N,
082°42′14″ W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port (COTP) St.
Petersburg in the enforcement of the
regulated areas.
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Fmt 4700
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(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the ‘‘race area’’ unless an
authorized by the COTP St. Petersburg
or a designated representative.
(2) Vessel traffic within the ‘‘buffer
zone’’ may be controlled by the COTP
St. Petersburg or a designated
representative as deemed necessary by
the COTP St. Petersburg or a designated
representative based upon prevailing
weather conditions.
(3) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the race area contact the
COTP St. Petersburg by telephone at
(727) 824–7506 or via VHF–FM radio
Channel 16 to request authorization.
(4) If authorization to enter, transit
through, anchor in, or remain within the
race area is granted, all persons and
vessels receiving such authorization
shall comply with the instructions of
the COTP or a designated
representative.
(5) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced daily from 8 a.m. until
6 p.m. on March 27, 2020 through
March 29, 2020.
Dated: March 10, 2020.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the
Port Saint Petersburg.
[FR Doc. 2020–05453 Filed 3–17–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0165]
RIN 1625–AA00
Safety Zone, Atlantic Intracoastal
Waterway, Camp Lejeune, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Atlantic Intracoastal Waterway at
Camp Lejeune, North Carolina in
support of military training exercises.
This temporary safety zone is intended
to restrict vessel traffic from a portion of
the Atlantic Intracoastal Waterway
between Mile Hammock Bay and
SUMMARY:
E:\FR\FM\18MRR1.SGM
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Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations
Onslow Beach Swing Bridge during
military training operations. This action
is intended to restrict vessel traffic on
the Atlantic Intracoastal Waterway to
protect mariners and training exercise
participants from the hazards associated
with military training operations. Entry
of vessels or persons into this safety
zone is prohibited unless specifically
authorized by the Captain of the Port
(COTP) North Carolina or designated
representative.
This rule is effective from 6:00
a.m. on March 18, 2020, through 8:00
p.m. on March 19, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0165 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Matthew Tyson,
Waterways Management Division, U.S.
Coast Guard Sector North Carolina,
Wilmington, NC; telephone: (910) 772–
2221, email: Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jbell on DSKJLSW7X2PROD with RULES
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard was notified of the final
details of the military training exercise
on March 9, 2020. The Coast Guard
must take immediate action to protect
mariners and training exercise
participants from the hazards associated
with military training operations. It is
impracticable and contrary to the public
interest to publish an NPRM because a
VerDate Sep<11>2014
18:10 Mar 17, 2020
Jkt 250001
final rule needs to be in place by March
18, 2020, to minimize potential danger
to mariners and training exercise
participants.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to public interest because
immediate action is needed to protect
mariners and training exercise
participants from the hazards associated
with military training operations
beginning on March 18, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
North Carolina has determined that
there are potential hazards associated
with military training operations on the
Atlantic Intracoastal Waterway at Camp
Lejeune, North Carolina. This rule is
necessary to protect safety of life from
the potential hazards associated with
military training operations.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6:00 a.m. on March 18, 2020,
through 8:00 p.m. on March 19, 2020.
The safety zone will include all
navigable waters of the Atlantic
Intracoastal Waterway from Mile
Hammock Bay, approximate position
34°33′00″ N, 077°19′38″ W, to Onslow
Beach Swing Bridge, approximate
position 34°34′23″ N, 077°16′19″ W
(NAD 1983). Part of the military training
operations involves assembling a
temporary bridge from shore to shore,
completely blocking the navigable
channel. To help facilitate commercial
and recreational traffic, if vessels are
waiting to transit, then the waterway
will open every two hours to allow
vessels to pass through the zone. Onscene safety personnel will direct
vessels when it is safe to pass through
the zone. The duration of this zone is
intended to protect mariners from the
hazards associated with military
training operations. No vessel or person
will be permitted to enter the safety
zone unless specifically authorized by
the Captain of the Port North Carolina
or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
PO 00000
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Fmt 4700
Sfmt 4700
15385
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. The 38-hour
regulation enforcement should not
overly burden vessel traffic based on the
short duration of the period and allows
for vessels to pass through the zone
every two hours if needed. This safety
zone will only impact a small portion of
the Atlantic Intracoastal Waterway at
Camp Lejeune, NC and vessel traffic is
expected to be low at this time of year.
The Coast Guard will transmit a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 regarding the
safety zone. Vessels are prohibited from
entering the safety zone unless
specifically authorized by the Captain of
the Port North Carolina or a designated
representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
E:\FR\FM\18MRR1.SGM
18MRR1
15386
Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
jbell on DSKJLSW7X2PROD with RULES
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
VerDate Sep<11>2014
18:10 Mar 17, 2020
Jkt 250001
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
involves a safety zone lasting 38 hours
that will prohibit entry into a portion of
the Atlantic Intracoastal Waterway at
Camp Lejeune, NC. It is categorically
excluded from further review under
paragraph L(60)a of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0165 to read as
follows:
■
§ 165.T05–0165 Safety Zone; Atlantic
Intracoastal Waterway, Camp Lejeune, NC.
(a) Location. The following area is a
safety zone: All navigable waters of the
PO 00000
Frm 00040
Fmt 4700
Sfmt 9990
Atlantic Intracoastal Waterway between
Mile Hammock Bay, approximate
position 34°33′00″ N, 77°19′38″ W, to
Onslow Beach Swing Bridge
approximate position 34°34′24″ N,
77°16′19″ W (NAD 1983) at Camp
Lejeune, NC.
(b) Definitions. As used in this
section—
Captain of the Port means the
Commander, Sector North Carolina.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Training exercise participants means
persons and vessels involved in military
training operations.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the area described in
paragraph (a) of this section.
(2) With the exception of the training
exercise particpants, entry into or
remaining in this safety zone is
prohibited unless authorized by the
COTP North Carolina or the COTP
North Carolina’s designated
representative. All other vessels must
depart the zone immediately upon
activation.
(3) Waiting vessels will be allowed to
transit through the zone every two hours
during enforcement, when directed by
the Coast Guard, designated security
vessels, or on-scene safety vessels.
(4) The Captain of the Port, North
Carolina can be reached through the
Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina at telephone number
910–343–3882.
(5) The Coast Guard and designated
security vessels enforcing the safety
zone can be contacted on VHF–FM
marine band radio channel 13 (165.65
MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This section
will be enforced from 6:00 a.m. on
March 18, 2020, through 8:00 p.m. on
March 19, 2020.
Dated: March 12, 2020.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2020–05533 Filed 3–17–20; 8:45 am]
BILLING CODE 9110–04–P
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18MRR1
]]>Agencies
[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15384-15386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05533]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0165]
RIN 1625-AA00
Safety Zone, Atlantic Intracoastal Waterway, Camp Lejeune, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Atlantic Intracoastal Waterway at Camp Lejeune, North Carolina in
support of military training exercises. This temporary safety zone is
intended to restrict vessel traffic from a portion of the Atlantic
Intracoastal Waterway between Mile Hammock Bay and
[[Page 15385]]
Onslow Beach Swing Bridge during military training operations. This
action is intended to restrict vessel traffic on the Atlantic
Intracoastal Waterway to protect mariners and training exercise
participants from the hazards associated with military training
operations. Entry of vessels or persons into this safety zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) North Carolina or designated representative.
DATES: This rule is effective from 6:00 a.m. on March 18, 2020, through
8:00 p.m. on March 19, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0165 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Matthew Tyson, Waterways Management Division,
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone:
(910) 772-2221, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was notified of the
final details of the military training exercise on March 9, 2020. The
Coast Guard must take immediate action to protect mariners and training
exercise participants from the hazards associated with military
training operations. It is impracticable and contrary to the public
interest to publish an NPRM because a final rule needs to be in place
by March 18, 2020, to minimize potential danger to mariners and
training exercise participants.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to protect mariners and training
exercise participants from the hazards associated with military
training operations beginning on March 18, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP North Carolina has
determined that there are potential hazards associated with military
training operations on the Atlantic Intracoastal Waterway at Camp
Lejeune, North Carolina. This rule is necessary to protect safety of
life from the potential hazards associated with military training
operations.
IV. Discussion of the Rule
This rule establishes a safety zone from 6:00 a.m. on March 18,
2020, through 8:00 p.m. on March 19, 2020. The safety zone will include
all navigable waters of the Atlantic Intracoastal Waterway from Mile
Hammock Bay, approximate position 34[deg]33'00'' N, 077[deg]19'38'' W,
to Onslow Beach Swing Bridge, approximate position 34[deg]34'23'' N,
077[deg]16'19'' W (NAD 1983). Part of the military training operations
involves assembling a temporary bridge from shore to shore, completely
blocking the navigable channel. To help facilitate commercial and
recreational traffic, if vessels are waiting to transit, then the
waterway will open every two hours to allow vessels to pass through the
zone. On-scene safety personnel will direct vessels when it is safe to
pass through the zone. The duration of this zone is intended to protect
mariners from the hazards associated with military training operations.
No vessel or person will be permitted to enter the safety zone unless
specifically authorized by the Captain of the Port North Carolina or a
designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. The 38-hour regulation
enforcement should not overly burden vessel traffic based on the short
duration of the period and allows for vessels to pass through the zone
every two hours if needed. This safety zone will only impact a small
portion of the Atlantic Intracoastal Waterway at Camp Lejeune, NC and
vessel traffic is expected to be low at this time of year. The Coast
Guard will transmit a Broadcast Notice to Mariners via VHF-FM marine
channel 16 regarding the safety zone. Vessels are prohibited from
entering the safety zone unless specifically authorized by the Captain
of the Port North Carolina or a designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business,
[[Page 15386]]
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
involves a safety zone lasting 38 hours that will prohibit entry into a
portion of the Atlantic Intracoastal Waterway at Camp Lejeune, NC. It
is categorically excluded from further review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0165 to read as follows:
Sec. 165.T05-0165 Safety Zone; Atlantic Intracoastal Waterway, Camp
Lejeune, NC.
(a) Location. The following area is a safety zone: All navigable
waters of the Atlantic Intracoastal Waterway between Mile Hammock Bay,
approximate position 34[deg]33'00'' N, 77[deg]19'38'' W, to Onslow
Beach Swing Bridge approximate position 34[deg]34'24'' N,
77[deg]16'19'' W (NAD 1983) at Camp Lejeune, NC.
(b) Definitions. As used in this section--
Captain of the Port means the Commander, Sector North Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
Training exercise participants means persons and vessels involved
in military training operations.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the area described in paragraph (a) of this
section.
(2) With the exception of the training exercise particpants, entry
into or remaining in this safety zone is prohibited unless authorized
by the COTP North Carolina or the COTP North Carolina's designated
representative. All other vessels must depart the zone immediately upon
activation.
(3) Waiting vessels will be allowed to transit through the zone
every two hours during enforcement, when directed by the Coast Guard,
designated security vessels, or on-scene safety vessels.
(4) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina at telephone number 910-343-3882.
(5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement period. This section will be enforced from 6:00
a.m. on March 18, 2020, through 8:00 p.m. on March 19, 2020.
Dated: March 12, 2020.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2020-05533 Filed 3-17-20; 8:45 am]
BILLING CODE 9110-04-P
