Rule2022-25944
Safety Zone; Neuse River, Pamlico Sound, NC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 29, 2022
Effective
December 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the navigable waters of the Neuse River and Pamlico Sound near Hobucken, North Carolina. This action is necessary to provide for the safety of life on the navigable waters near Hobucken, NC, during a military exercise on December 7, 2022. This rule will prohibit all persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector North Carolina or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 228 (Tuesday, November 29, 2022)</title>
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[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73247-73249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25944]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0470]
RIN 1625-AA00
Safety Zone; Neuse River, Pamlico Sound, 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 Neuse River and Pamlico Sound near Hobucken,
North Carolina. This action is necessary to provide for the safety of
life on the
[[Page 73248]]
navigable waters near Hobucken, NC, during a military exercise on
December 7, 2022. This rule will prohibit all persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Sector North Carolina or a designated representative.
DATES: This rule is effective December 7, 2022, from 10 a.m. through 1
p.m.
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-
2022-0470 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#d799949ab6a5beb9b2b2a1b2b9a3a497a2a4b4b0f9babebb"><span class="__cf_email__" data-cfemail="59171a14382b30373c3c2f3c372d2a192c2a3a3e77343035">[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 is impracticable. Immediate action
is needed to ensure we establish this safety zone by December 7, 2022,
in order to protect persons and vessels from the hazards associated
with a military exercise. Hazards include all plausible risks
associated with a live military exercise. Moreover, this rule is issued
in response to a military function. Therefore, under 5 U.S.C. 553(a),
no requirements in 5 U.S.C. 553 apply to it.
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 of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on December 7, 2022
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector North
Carolina (COTP) has determined that potential hazards associated with
this event, scheduled for 10 a.m. through 1 p.m. on December 7, 2022,
is a safety concern for mariners during the time that military
maneuvers occur on Pamlico Sound and portions of the Neuse River. This
rule is necessary to protect personnel, vessels, and the marine
environment from the hazards associated with the exercise.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on a portion of
Pamlico Sound and the Neuse River on December 7, 2022, from 10 a.m. to
1 p.m. The rule will be enforced during this time period which is when
the military exercise is scheduled. The dates and times of enforcement
will be broadcast locally over VHF-FM marine radio. The safety zone
will include all navigable waters of Pamlico Sound and the Neuse River
near Hobucken, North Carolina inside an area starting from approximate
positions: latitude 35[deg]15'17'' N, longitude 076[deg]29'40'' W, then
east to latitude 35[deg]15'01'' N, longitude 076[deg]21'42'' W, then
south to latitude 35[deg]00'25'' N, longitude 076[deg]24'29'' W, then
west to latitude 35[deg]00'31'' N, longitude 076[deg]29'51'' W, then
north to the point of origin. The duration of this safety zone is
intended to protect any members of the public transiting that area of
Pamlico Sound and the Neuse River. 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 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. Vessel traffic will not be
allowed to enter or transit a portion of Pamlico Sound and the Neuse
River during the exercise from 10 a.m. through 1 p.m. December 7, 2022.
The Coast Guard will transmit a Broadcast Notice to Mariners via VHF-FM
marine channel 16 regarding the enforcement area. This rule allows
vessels to request permission to pass through the regulated area with
approval of the COTP.
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
[[Page 73249]]
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 3 hours that will prohibit entry within an area of
Pamlico Sound and the Neuse River on December 7, 2022, from 10 a.m. to
1 p.m. It is categorically excluded from further review under paragraph
L60(a) 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, 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.T05-0470 to read as follows:
Sec. 165.T05-0470 Safety Zone; Neuse River, Pamlico Sound, NC.
(a) Location. The following area is a safety zone: all waters of
Pamlico Sound and the Neuse River near Hobucken, North Carolina inside
an area starting from approximate positions: latitude 35[deg]15'17'' N,
longitude 076[deg]29'40'' W, then east to latitude 35[deg]15'01'' N,
longitude 076[deg]21'42'' W, then south to latitude 35[deg]00'25'' N,
longitude 076[deg]24'29'' W, then west to latitude 35[deg]00'31'' N,
longitude 076[deg]29'51'' W, then north to the point of origin.
(b) Definitions. As used in this section--
Captain of the Port or COTP means Captain of the Port Sector North
Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the 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 COTP 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).
(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 10 a.m.
through 1 p.m. on December 7, 2022.
Dated: November 21, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2022-25944 Filed 11-28-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 29, 2022.
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