[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Rules and Regulations]
[Pages 26695-26697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10310]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0306]
RIN 1625-AA00
Safety Zone, Cape Fear River; Southport, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Cape Fear River near Southport, North Carolina.
This temporary safety zone is intended to restrict vessels from a
portion of the Cape Fear River during the Barrier Island Challenge
Stand Up Paddle Board Race. This action is necessary to protect the
safety of race participants when they cross the Lower Swash Channel of
the Cape Fear River. 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 on May 7, 2016, from 9:30 a.m. through
11:30 a.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0306 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,
call or email LCDR Derek J. Burrill, Waterways Management Division
Chief, Sector North Carolina, Coast Guard; telephone (910) 772-2230,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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 final details of this event were not
provided until April 12, 2016, making it impracticable to publish an
NPRM.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to protect race participants and spectators
from the hazards associated with a paddleboard race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port North Carolina (COTP) has determined that
potential hazards associated with the Barrier Island Challenge Paddle
Board Race on May 07, 2016 will be a safety concern when race
participants cross the Lower Swash Channel on the Cape Fear River,
Southport, North Carolina, a major shipping channel. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Lower Swash Channel on the Cape Fear River. The
safety zone will encompass all waters within a shape bounded by the
following coordinates: 33[deg]55'05'' N., 078[deg]00'04'' W.;
33[deg]54'57'' N., 078[deg]00'04'' W.; 33[deg]54'56'' N.,
078[deg]00'54'' W.; 33[deg]55'04'' N., 078[deg]00'54'' W.; thence back
to the point of origin (NAD 83) in Southport, North Carolina. This
safety zone will be established in the interest of public safety due to
the participants crossing the Cape Fear River. This rule will be
enforced on May 07, 2016 during the times of 9:30 a.m. through 11:30
a.m., unless otherwise cancelled earlier by the COTP.
Except for vessels authorized by the Captain of the Port or 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly,
[[Page 26696]]
it has not been reviewed by the Office of Management and Budget.
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 Cape Fear River within all waters within a shape
bounded by the following coordinates: 33[deg]55'05'' N.,
078[deg]00'04'' W.; 33[deg]54'57'' N., 078[deg]00'04'' W.;
33[deg]54'56'' N., 078[deg]00'54'' W.; 33[deg]55'04'' N.,
078[deg]00'54'' W.; thence back to the point of origin (NAD 83) in
Southport, North Carolina on May 07, 2016 from 9:30 a.m. through 11:30
a.m., unless otherwise cancelled by the COTP. Although these
regulations prevent traffic from transiting a portion of the Cape Fear
River during this event, 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.
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
contact 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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 the establishment of a safety zone to limit vessels
within all waters within a shape bounded by the following coordinates:
33[deg]55'05'' N., 078[deg]00'04'' W.; 33[deg]54'57'' N.,
078[deg]00'04'' W.; 33[deg]54'56'' N., 078[deg]00'54'' W.;
33[deg]55'04'' N., 078[deg]00'54'' W.; thence back to the point of
origin (NAD 83) in Southport, North Carolina on May 07, 2016 from 9:30
a.m. through 11:30 a.m. to protect life and property of mariners from
the hazards associated with the event. It 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 discovery of a significant environmental impact from this
rule.
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
temporarily amends 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
2. Add Sec. 100.35-T05-0306 to read as follows:
Sec. 100.35-T05-0306 Safety Zone, Cape Fear River; Southport, 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 Cape Fear
[[Page 26697]]
River within a shape bounded by the following coordinates:
33[deg]55'05'' N., 078[deg]00'04'' W.; 33[deg]54'57'' N.,
078[deg]00'04'' W.; 33[deg]54'56'' N., 078[deg]00'54'' W.;
33[deg]55'04'' N., 078[deg]00'54'' W.; thence back to the point of
origin (NAD 83) in Southport, North Carolina.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, North Carolina or her 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.
(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 May 07,
2016, from 9:30 a.m. through 11:30 a.m., unless otherwise cancelled by
the COTP.
Dated: April 19, 2016.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-10310 Filed 5-3-16; 8:45 am]
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