Safety Zone; Cape Fear River, Wilmington, NC, 24387-24389 [2024-07369]

Download as PDF Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Rules and Regulations temporary safety zone lasting 14 total days that will prohibit entry within 2000 yards of the center navigation span of the Francis Scott Key Bridge. It is categorically excluded from further review under paragraph L60(d) 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: Dated: April 3, 2024. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR. [FR Doc. 2024–07454 Filed 4–5–24; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P ■ 1. The authority citation for part 165 continues to read as follows: DEPARTMENT OF HOMELAND SECURITY Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. Coast Guard 2. Add § 165.T05–0263 to read as follows: [Docket Number USCG–2024–0031] § 165.T05–0263 Safety Zone; Chesapeake Bay, Approaches to Baltimore Harbor, MD. Safety Zone; Cape Fear River, Wilmington, NC ■ lotter on DSK11XQN23PROD with RULES1 this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by telephone number 410–576–2525 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement officials. 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 subject to enforcement from April 3, 2024, through June 4, 2024. If, as determined by the COTP, circumstances which may create a hazard to navigation or to salvage workers abate before June 4, 2024, the Coast Guard will provide notice that the safety zone will no longer be subject to enforcement. RIN 1625–AA00 (a) Location. The following area is a safety zone: All navigable waters of the Chesapeake Bay, within a 2000-yard radius of the center span of the Francis Scott Key bridge during damage assessment and salvage operations. (b) Definitions. As used in this section— Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. Designated representative means any Coast Guard commissioned, warrant, or petty officer, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the COTP in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of VerDate Sep<11>2014 15:53 Apr 05, 2024 Jkt 262001 33 CFR Part 165 Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for navigable waters of the Cape Fear River. This action is necessary for the safety of life on these navigable waters, in Wilmington, NC, during a fireworks display to be executed by Zambelli Fireworks. This rulemaking will prohibit persons and vessel from being in the safety zone (which is near downtown Wilmington, adjacent to the USS North Carolina) unless authorized by the Captain of the Port, Sector North Carolina, or a designated representative. DATES: This rule is effective on April 13, 2024, from 7 p.m. to 8 p.m. SUMMARY: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 24387 To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0031 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email MSTC Elvin Rodriguez, U.S. Coast Guard Sector, North Carolina; (910) 772–2239, ncmarineevents@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations COTP Captain of the Port, Sector North Carolina CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule under authority in 5 U.S.C. 553(b)(B). This statutory 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.’’ The Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would not allow sufficient time to issue the rule before the safety zone needs to take effect. The event sponsor notified the Coast Guard on February 27, 2024, that they will be conducting the fireworks show April 13, 2024. The area that will be restricted comprises the waters directly in front of and adjacent to the USS North Carolina, in downtown Wilmington, NC. The Captain of the Port Sector North Carolina (COTP) has determined that potential hazards associated with the fireworks display show necessitate these navigational restrictions on marine traffic. Also, 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 because there are fewer days than 30 days remaining before the dates the safety zone will be needed. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The safety zone is intended to ensure the E:\FR\FM\08APR1.SGM 08APR1 24388 Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Rules and Regulations safety of vessels, spectators and these navigable waters before, during and after the scheduled fireworks display show. IV. Discussion of the Rule This rule establishes a safety zone which will be in effect from 7 p.m. on April 13, 2024, through 8 p.m. on April 13, 2024. The safety zone will cover all navigable waters within 200 yards, due to the fireworks fallout zone, of the USS North Carolina, in downtown Wilmington, NC. The safety zone is intended to ensure the safety of vessels, spectators, and these navigable waters before, during and after the schedule fireworks display show. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. lotter on DSK11XQN23PROD with RULES1 A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the short duration of the fireworks display show, the seasonal traffic patterns, and timely broadcasting of restrictions for local mariners. 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. VerDate Sep<11>2014 15:53 Apr 05, 2024 Jkt 262001 While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you 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 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 1 hour that will prohibit entry within 200 yards of the USS North Carolina, downtown Wilmington, NC. It is categorically excluded from further review under paragraph L 60(a) off 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: E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T05–0031 to read as follows: ■ § 165.T05–0031 Safety Zone, Cape Fear River, Wilmington, NC. (a) Location. The following area is a safety zone: All waters, shore to shore on the Cape Fear River, within 200 yards of the USS North Carolina in downtown Wilmington, NC. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port North Carolina (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by calling COTP North Carolina Command Center at 910–343– 3880 or the on-scene representative on VHF Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This section will be in effect and enforced from 7 p.m. to 8 p.m. on April 13, 2024. Timothy J. List, Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina. [FR Doc. 2024–07369 Filed 4–5–24; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY lotter on DSK11XQN23PROD with RULES1 [EPA–R03–OAR–2022–0790; FRL–9915–02– R3] Air Plan Approval; District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements Environmental Protection Agency (EPA). AGENCY: 15:53 Apr 05, 2024 Final rule. The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the District of Columbia. This SIP revision removes requirements for gasoline vapor recovery systems (VRS) installed on gasoline dispensers, the purpose of which are to capture emissions from vehicle refueling operations, otherwise known as vacuum-assist Stage II vapor recovery. Specifically, this action would remove from the approved SIP the priorapproved Stage II requirements applicable to new and existing gasoline dispensing facilities (GDFs). The District of Columbia SIP revision includes a demonstration that removal of Stage II requirements is consistent with the Clean Air Act (CAA) and meets all relevant EPA guidance. DATES: This final rule is effective on May 8, 2024. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2022–0790. All documents in the docket are listed on the www.regulations.gov website. 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 will be publicly available only in hard copy form. Publicly available docket materials are available through www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Adam Lewis, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, PA 19103. The telephone number is (215) 814–2026. Mr. Adam Lewis can also be reached via electronic mail at Lewis.Adam@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background 40 CFR Part 52 VerDate Sep<11>2014 ACTION: Jkt 262001 On January 10, 2024 (89 FR 1479), EPA published a notice of proposed rulemaking (NPRM) for the District of Columbia (the District). In the NPRM, EPA proposed approval of the District’s request to revise its requirements for Stage II vapor recovery for new and existing GDFs located within the District. The formal SIP revision was submitted by the Department of Energy PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 24389 and Environment (DOEE) of the District of Columbia on May 18, 2022. II. Summary of SIP Revision and EPA Analysis The details of the District’s May 18, 2022, SIP submittal and the rationale for EPA’s proposed action are explained in the NPRM and will not be restated in this final rule. For this detailed information, the reader is referred to the EPA’s January 10, 2024, proposed rulemaking (89 FR 1479). The NPRM also contained a detailed analysis showing that the District’s removal of the Stage II requirements would not interfere with any of the District’s ability to attain or maintain any national ambient air quality standard (NAAQS), or any other applicable requirement of the CAA. The public comment period for the NPRM closed on February 9, 2024. III. EPA’s Response to Comments Received EPA received two comments from private citizen commentors which can be found in the docket. Both comments, which were adverse, are discussed below. Comments: Both private citizen commenters disagree with the proposed approval to allow the District to remove from the currently approved SIP the prior-approved Stage II requirements applicable to new and existing GDFs. The commentors’ similarly stated reason for disagreeing with the proposed approval is that the removal of Stage II VRS may be cost effective but would lead to poorer air quality and adversely impact public health. One commenter asserted that the ‘‘proposal states that this removal of requirements is necessary due to conflicts with other systems, but did not explicitly explain how these other systems will be regulated to make up for it.’’ 1 Response: Both commenters misunderstand the latest science that EPA has relied on in its decision. Based on DOEE’s analysis, on-board refueling vapor recovery (ORVR) alone is more effective at reducing volatile organic compound (VOC) emissions in the District, than the use of ORVR in conjunction with vacuum-assist Stage II VRS. In other words, since the use of ORVR alone (which is in widespread use) in the District achieves more VOC emissions control and reduction than does using ORVR plus vacuum-assist 1 Comment On EPA–R03–OAR–2022–0790–0001 Air Quality State Implementation Plans; Approvals and Promulgations: District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements, www.regulations.gov/comment/EPAR03-OAR-2022-0790-0009. E:\FR\FM\08APR1.SGM 08APR1

Agencies

[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Rules and Regulations]
[Pages 24387-24389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07369]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0031]
RIN 1625-AA00


Safety Zone; Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Cape Fear River. This action is necessary for 
the safety of life on these navigable waters, in Wilmington, NC, during 
a fireworks display to be executed by Zambelli Fireworks. This 
rulemaking will prohibit persons and vessel from being in the safety 
zone (which is near downtown Wilmington, adjacent to the USS North 
Carolina) unless authorized by the Captain of the Port, Sector North 
Carolina, or a designated representative.

DATES: This rule is effective on April 13, 2024, from 7 p.m. to 8 p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0031 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MSTC Elvin Rodriguez, U.S. Coast Guard Sector, North 
Carolina; (910) 772-2239, [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port, Sector North Carolina
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because doing so would not 
allow sufficient time to issue the rule before the safety zone needs to 
take effect. The event sponsor notified the Coast Guard on February 27, 
2024, that they will be conducting the fireworks show April 13, 2024.
    The area that will be restricted comprises the waters directly in 
front of and adjacent to the USS North Carolina, in downtown 
Wilmington, NC. The Captain of the Port Sector North Carolina (COTP) 
has determined that potential hazards associated with the fireworks 
display show necessitate these navigational restrictions on marine 
traffic.
    Also, 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 because there are fewer days than 
30 days remaining before the dates the safety zone will be needed.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The safety zone is intended to ensure the

[[Page 24388]]

safety of vessels, spectators and these navigable waters before, during 
and after the scheduled fireworks display show.

IV. Discussion of the Rule

    This rule establishes a safety zone which will be in effect from 7 
p.m. on April 13, 2024, through 8 p.m. on April 13, 2024. The safety 
zone will cover all navigable waters within 200 yards, due to the 
fireworks fallout zone, of the USS North Carolina, in downtown 
Wilmington, NC. The safety zone is intended to ensure the safety of 
vessels, spectators, and these navigable waters before, during and 
after the schedule fireworks display show. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the short duration 
of the fireworks display show, the seasonal traffic patterns, and 
timely broadcasting of restrictions for local mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting only 1 hour that will prohibit entry within 200 
yards of the USS North Carolina, downtown Wilmington, NC. It is 
categorically excluded from further review under paragraph L 60(a) off 
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:

[[Page 24389]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0031 to read as follows:


Sec.  165.T05-0031  Safety Zone, Cape Fear River, Wilmington, NC.

    (a) Location. The following area is a safety zone: All waters, 
shore to shore on the Cape Fear River, within 200 yards of the USS 
North Carolina in downtown Wilmington, NC.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port North Carolina (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by calling COTP North Carolina Command Center at 910-
343-3880 or the on-scene representative on VHF Channel 16. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be in effect and enforced 
from 7 p.m. to 8 p.m. on April 13, 2024.

Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2024-07369 Filed 4-5-24; 8:45 am]
BILLING CODE 9110-04-P
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