[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Rules and Regulations]
[Pages 18272-18274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06715]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0093]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway, Swansboro, 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 Atlantic Intracoastal Waterway (AICW) and Queen
Creek near Swansboro, Onslow County, NC. The safety zone is necessary
to enhance the safety of mariners and participants during a mass-rescue
training exercise. Entry of vessels or persons into this safety zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) North Carolina or a designated representative.
DATES: This rule is effective from 8 a.m. April 19, 2022, through 4
p.m. April 21, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0093 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 on this rule,
call or email Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard; telephone 910-772-2221, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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 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. It would be impracticable and contrary to
the public interest to publish an NPRM because we must establish this
safety zone by April 19, 2022, to protect persons, vessels, and
participants against the hazards associated with operations during the
full-scale training exercise. This exercise involves both surface
vessels and aircraft and will simulate search and rescue operations for
persons in the water and other areas on land at different points within
the designated area. Due to the dynamic nature of this exercise, non-
participants should stay clear of the area.
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 impracticable and contrary to public
interest because immediate action is needed to protect persons,
vessels, and participants against the hazards associated with
operations during the mass-rescue training exercise.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port North Carolina (COTP) has determined
potential hazards associated with operations during a planned mass
rescue training exercise starting April 19, 2022, is a safety concern
for anyone transiting the designated training area of the AlCW and
Queen Creek in the vicinity of Hammocks Beach State Park in Onslow
County, NC, because the training will involve persons in the water.
This rule is necessary to protect persons, vessels, and participants
from the hazards associated with the full scale mass rescue operations
training exercise.
IV. Discussion of the Rule
This rule establishes a safety zone April 19-21, 2022, to be
enforced from 8 a.m. through 4 p.m. daily. The safety zone will include
all navigable waters of Queen Creek, Parrot Swamp, the Atlantic
Intracoastal Waterway (AICW), Bogue Sound, and White Oak River within a
line between the following latitudes and longitudes: starting at Queen
Creek Road Bridge at N 34[deg]41'03'', W 077[deg]10'17''; then
Southeast along the shoreline to N 34[deg]40'38'', W 077[deg]09'47'';
then Southwest to N 34[deg]40'20'', W 077[deg]10'10''; then Southeast
[[Page 18273]]
to N 34[deg]40'06'', W 077[deg]09'51''; then Northeast to N
34[deg]40'21'', W 077[deg]09'37''; then Southeast to the AICW at N
34[deg]39'51'', W 077[deg]09'07''; then Southwest along the shoreline
to N 34[deg]39'12'', W 077[deg]09'52''; then Southwest to N
34[deg]38'41'', W 077[deg]09'32''; then Northeast to Bogue Sound
Daybeacon 45B at N 34[deg]40'32'', W 077[deg]06'26''; then Northwest to
the White Oak River Bridge at N 34[deg]41'15'', W 077[deg]07'02''; then
Southwest to Hammocks Beach State Park at N 34[deg]40'11'', W
077[deg]08'36''; then Northwest to Queen Creek Road Bridge at N
34[deg]41'15'', W 077[deg]10'03''; then Southwest to the point of
origin. Due to the location of the exercise, the safety zone will close
a portion of the AICW, Queen Creek, and other waters in the vicinity to
vessel traffic. This area is typically used by recreational boaters. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative while
the zone is being enforced. To request permission to transit the area,
mariners can contact Coast Guard Sector North Carolina Command Center
at telephone number (910) 343-3882 or on-scene representatives on VHF-
FM marine band radio channel 16 (156.8 MHz).
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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration of the safety zone, which will impact a
designated area of the AICW and Queen Creek in Onslow County, NC.
Vessel traffic will not be able to safely transit around this safety
zone. However, the eight hour enforcement periods should not overly
burden any vessel or entity because it is not an area normally used for
commercial vessel traffic and recreational vessel traffic is lower at
this time of the year. The Coast Guard will issue a Broadcast Notice to
Mariners about the safety zone and this rule to notify vessels in the
region of the establishment of this regulation. The rule also allows
vessels to request permission from the COTP or a designated
representative to enter the zone if necessary.
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 eight hours on two consecutive days that prohibits
entry into portions of Queen Creek, Parrot Swamp, the Atlantic
Intracoastal Waterway (AICW), Bogue Sound, and White Oak River in the
vicinity of Hammocks Beach Park in Onslow County, NC. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
[[Page 18274]]
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0093 to read as follows:
Sec. 165.T05-0093 Safety Zone; Atlantic Intracoastal Waterway,
Swansboro, NC
(a) Definitions. For the purposes of this section--
Captain of the Port means the Commander, Coast Guard 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.
Participant means an individual or vessel involved with the
training exercise.
(b) Location. The following area is a safety zone: All navigable
waters of Queen Creek, Parrot Swamp, the Atlantic Intracoastal Waterway
(AICW), Bogue Sound, and White Oak River within a line between the
following latitudes and longitudes: starting at Queen Creek Road Bridge
at N 34[deg]41'03'', W 077[deg]10'17''; then Southeast along the
shoreline to N 34[deg]40'38'', W 077[deg]09'47''; then Southwest to N
34[deg]40'20'', W 077[deg]10'10''; then Southeast to N 34[deg]40'06'',
W 077[deg]09'51''; then Northeast to N 34[deg]40'21'', W
077[deg]09'37''; then Southeast to the AICW at N 34[deg]39'51'', W
077[deg]09'07''; then Southwest along the shoreline to N
34[deg]39'12'', W 077[deg]09'52''; then Southwest to N 34[deg]38'41'',
W 077[deg]09'32''; then Northeast to Bogue Sound Daybeacon 45B at N
34[deg]40'32'', W 077[deg]06'26''; then Northwest to the White Oak
River Bridge at N 34[deg]41'15'', W 077[deg]07'02''; then Southwest to
Hammocks Beach State Park at N 34[deg]40'11'', W 077[deg]08'36''; then
Northwest to Queen Creek Road Bridge at N 34[deg]41'15'', W
077[deg]10'03''; then Southwest to the point of origin.
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23 apply to the area described in paragraph (b) of this
section.
(2) With the exception of the participants, entry into or remaining
in this safety zone is prohibited unless authorized by the COTP North
Carolina or a designated representative.
(3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
(4) The COTP North Carolina can be reached through the Coast Guard
Sector North Carolina Command Duty Officer, Wilmington, North Carolina,
at telephone[middot] number 910-343-3882.
(5) The Coast Guard 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 8 a.m.
through 4 p.m. each day from April 19, 2022, through April 21, 2022.
Dated: March 23, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2022-06715 Filed 3-29-22; 8:45 am]
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