Safety Zones: Neuse River, New Bern, NC
Federal Register: April 23, 2010 (Volume 75, Number 78)
Rules and Regulations
Page 21164-21167
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr23ap10-5
DEPARTMENT OF HOMELAND SECURITY
Coast Guard 33 CFR Part 165
Docket No. USCG-2010-0256
RIN 1625-AA00
Safety Zone; Neuse River, New Bern, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of the Neuse River in support of the New Bern, North Carolina
Tercentennial Celebration. All vessels are prohibited from transiting the zone except as specifically authorized by the Captain of the Port or his designated representative. The temporary safety zone is necessary to provide for the safety of the crews, spectators, and other users and vessels of the waterway during a Civil War naval bombardment reenactment.
DATES: This rule is effective from 11:30 a.m. through 8 p.m. on May 8, 2010.
ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2010-0256 and are available online by going to http://www.regulations.gov, inserting USCG-2010-0256 in the
``Keyword''
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box, and then clicking ``Search.'' They are also available for inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail CWO4 Stephen Lyons, Waterways Management
Division Chief, Coast Guard Sector North Carolina; telephone (252) 247- 4525, e-mail Stephen.W.Lyons2@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because insufficient notice was provided to the Coast Guard to publish an NPRM and because the Coast Guard must take immediate measures to ensure the safety of life and property on the navigable waters of the United States.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be contrary to public interest, since immediate action is needed to ensure the public's safety from the hazards associated with maneuvering deep draft sailing vessels in the limits of a narrow channel and the firing of black powder cannons during a Civil War naval bombardment reenactment.
Basis and Purpose
The City of New Bern, North Carolina is sponsoring a Civil War naval bombardment reenactment on the waters of the Neuse River. The naval bombardment will include the 62' Skipjack Ada Mae, the 72' Gaff
Rigged Schooner Jeanie B, and the 58' Brigantine Meka II. The sailing vessels will be under sail and firing black powder cannons within the confines of the safety zone. Due to their limited maneuverability and draft, the event vessels are restricted to within 200 yards of the main channel.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone on the waters of the Neuse River bound to the west by the U.S. Route 70
Highway Draw Bridge, from James City extending 700 yards east along the
U.S. Highway 17 Highway Fixed Bridge, to a point 300 yards due east of
Neuse River Daybeacon 34. The limits of the safety zone will encompass all the waters of the Neuse River bound by the following points; onshore at New Bern in approximate position 35[deg]06'12'' W; 077[deg]02'12'' N thence to 35[deg]05'52'' W; 077[deg]02'15'' N thence to 35[deg]05'49'' W; 077[deg]01'49'' N thence to 35[deg]06'17'' W; 077[deg]01'48'' N thence to 35[deg]06'21'' W; 077[deg]02'06'' N. The temporary safety zone will be enforced from 11:30 a.m. to 1 p.m. and from 6:30 p.m. to 8 p.m. on May 8, 2010. The safety zone is necessary to provide for the safety of the participating vessels, crews, spectators, sponsor vessels, and other users and vessels of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or a designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Although this regulation will restrict access to the area, the effect of this rule will not be significant because: (i) The safety zone will be in effect for a limited duration of time; and (ii), the Coast Guard will give advance notification via maritime advisories so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of tugs and barges, recreational, and fishing vessels intending to transit the specified portion of the Neuse River from 11:30 a.m. to 1 p.m. and from 6:30 p.m. to 8 p.m. on May 8, 2010.
This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect for a limited duration of time and before the effective period, the Coast Guard will issue maritime advisories widely available to the users of the waterway.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct
Page 21166
effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This rule establishes a temporary safety zone to protect the general public from the hazards associated with maneuvering deep draft sailing vessels in the limits of a narrow channel and the firing of black powder cannons during a civil war naval bombardment reenactment. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1. 0 2. Add Sec. 165.T05-0256 to read as follows:
Sec. 165.T05-0256 Safety Zone; Neuse River, New Bern, NC.
(a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized to act on the behalf of the Captain of the Port.
(b) Location. The following area is a temporary safety zone: the waters of the Neuse River bound to the west by the U.S. Route 70
Highway Draw Bridge, from James City extending 700 yards east along the
U.S. Highway 17 Highway Fixed Bridge, to a point 300 yards due east of
Neuse River Daybeacon 34. This zone includes all the waters of the
Neuse River bound by the following points; Onshore at New Bern in approximate position 35[deg]06'12'' W; 077[deg]02'12'' N thence to 35[deg]05'52'' W; 077[deg]02'15'' N thence to 35[deg]05'49'' W; 077[deg]01'49'' N thence to 35[deg]06'17'' W; 077[deg]01'48'' N thence to 35[deg]06'21'' W; 077[deg]02'06'' N.
(c) Regulations. (1) The general regulations contained in Sec. 165.23 of this part apply to the area described in paragraph (b) of this section.
(2) Persons or vessels requiring entry into or passage through any portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number (252) 247-4570 or by radio on
VHF Marine Band Radio, channels 13 and 16.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 11:30 a.m. to
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1 p.m. and from 6:30 p.m. to 8 p.m. on May 8, 2010 unless cancelled earlier by the Captain of the Port.
Dated: April 6, 2010.
-
Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
FR Doc. 2010-9497 Filed 4-22-10; 8:45 am
BILLING CODE 9110-04-P
