Rule2022-03671
Safety Zone; Atlantic Ocean, Cape Lookout, NC
Primary source
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Published
February 22, 2022
Effective
February 22, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the navigable waters of the Atlantic Ocean near Cape Lookout, North Carolina. This temporary safety zone restricts vessel traffic in a portion of the Atlantic Ocean while crews continue to search a plane crash area. This action restricts vessel traffic to protect mariners, vessels, and dive crews from the hazards associated with the work or surveying a plane crash site. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
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[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9450-9452]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03671]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0094]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Cape Lookout, 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 Ocean near Cape Lookout, North
Carolina. This temporary safety zone restricts vessel traffic in a
portion of the Atlantic Ocean while crews continue to search a plane
crash area. This action restricts vessel traffic to protect mariners,
vessels, and dive crews from the hazards associated with the work or
surveying a plane crash site. 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 without actual notice from February 22,
2022, until March 1, 2022. For the purposes of enforcement, actual
notice will be used from February 15, 2022, until February 22, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0094 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
<a href="/cdn-cgi/l/email-protection#a7c9c4cac6d5cec9c2c2d1c2c9d3d4e7d2d4c4c089cacecb"><span class="__cf_email__" data-cfemail="c3ada0aea2b1aaada6a6b5a6adb7b083b6b0a0a4edaeaaaf">[email protected]</span></a>.
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 because it would be impracticable and
contrary to the public interest. The Coast Guard was unable to publish
an NPRM and hold a reasonable comment period for this rulemaking due to
the emergent nature of the recovery operations and required publication
of this rule. Immediate action is needed to protect persons and vessels
from the hazards associated with carrying out operations to recover the
downed aircraft and survey the area for debris. It is impracticable and
contrary to the public interest to publish an NPRM because a final rule
needs to be in place by February 15, 2022.
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 the public
interest for the reasons discussed above, immediate action is needed to
protect persons, property, vessels, and the marine environment on the
navigable waters of the Atlantic Ocean near Cape Lookout in North
Carolina.
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
potential hazards associated with operations during recovery work on
the site of a plane crash. Work on this site is starting February 15,
2022, and ongoing. This work is a safety concern for anyone transiting
the designated recovery area of the Atlantic Ocean and Cape Lookout,
NC, because the site work will involve persons in the water. This rule
is necessary to protect persons, vessels, and participants from the
hazards associated with the recovery efforts.
IV. Discussion of the Rule
This rule establishes a safety zone from on February 15, 2022,
through March 1, 2022. The safety zone will be enforced from 7 a.m.
through 7 p.m. each day the rule is in effect. The safety zone will
include all navigable waters of the Atlantic Ocean within a 1,000 yard
radius of position 34-48.81 N by 076-17.23 W. The duration of this zone
is intended to protect persons, property, vessels, and the marine
environment on the navigable waters of the Atlantic Ocean during the
recovery efforts of at downed aircraft. 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. 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 emergent
nature of this event and limited impact to the public. The safety zone
is in an area where there is ample space to pass around this area.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule will allow
vessels to seek permission to pass through the zone if necessary.
[[Page 9451]]
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 that will prohibit entry within 1,000 yards of vessels and
machinery being used by personnel to survey and recover an aircraft
crash site at position 34-48.81 N by 076-17.23 W. It is categorically
excluded from further review under paragraph L[60d] 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0094
Sec. 165.T05-0094 Safety Zone; Atlantic Ocean, Cape Lookout, NC.
(a) Location. The following area is a safety zone on all navigable
waters within a 1,000 yard radius of position 34-48.81 N by 076-17.23 W
on the Atlantic Ocean near Cape Lookout, North Carolina.
(b) Definitions. As used in this section--
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.
(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) Entry into or remaining in this safety zone is prohibited
unless authorized by the COTP or the COTP's designated representative.
Unless permission to remain in the zone has been granted by the COTP or
the COTP's designated representative, a vessel within this safety zone
must immediately depart the zone when this section becomes effective.
(3) 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.
(4) 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).
[[Page 9452]]
(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 7 a.m.
through 7 p.m. each day from February 15, 2022, through March 1, 2022.
Dated: February 15, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2022-03671 Filed 2-18-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 22, 2022.
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