Rule2024-25110
Safety Zone, Neuse River, New Bern, NC
Primary source
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Published
October 29, 2024
Effective
November 30, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the navigable waters of the Neuse River in New Bern, North Carolina adjacent to the New Bern downtown waterfront and Union Point Park. This action is necessary to provide for the safety of life on these waters during an aerobatic air show on November 30, 2024. This rule prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP) North Carolina or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 209 (Tuesday, October 29, 2024)</title>
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[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Rules and Regulations]
[Pages 85855-85857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25110]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0849]
RIN 1625-AA00
Safety Zone, Neuse River, New Bern, 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 in New Bern, North Carolina
adjacent to the New Bern downtown waterfront and Union Point Park. This
action is necessary to provide for the safety of life on these waters
during an aerobatic air show on November 30, 2024. This rule prohibits
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port (COTP) North Carolina or a designated
representative.
DATES: This rule is effective from November 30, 2024, from 3 p.m.
through 7 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-
2024-0849 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 Eric Gordon, Waterways Management Division,
U.S. Coast Guard; telephone 571-608-8783, email
<a href="/cdn-cgi/l/email-protection#cd838e80acbfa4a3a8a8bba8a3b9be8db8beaeaae3a0a4a1"><span class="__cf_email__" data-cfemail="0d434e406c7f646368687b6863797e4d787e6e6a23606461">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 to publish
an NPRM and consider comments without delaying promulgation of the rule
beyond November 30, 2024, the date of the air show, and it would be
contrary to the public interest to delay promulgation of the rule until
after the event occurs. The rule needs to be in effect by November 30,
2024, to protect persons and vessels from the hazards associated with
this event. Such hazards include the possibility of an aircraft
striking a vessel on the surface below the flight zone.
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 to publish this rule 30 days prior to
the date of the event, and contrary to the public interest to delay
publication past that date because the rule must be in place to protect
persons and vessels from the hazards associated with this event on
November 30, 2024.
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
that potential hazards associated with the Downtown New Bern Airshow,
scheduled for 3:00 p.m. through 7:00 p.m. on November 30, 2024, is a
safety concern for mariners during the time that aircraft perform
aerobatic maneuvers directly above the Neuse River. This rule is
necessary to protect personnel, vessels, and the marine environment
from the hazards associated with the airshow above this position of the
Neuse River.
[[Page 85856]]
IV. Discussion of the Rule
This rule establishes a temporary safety zone on a portion of the
Neuse River on November 30, 2024, from 3:00 p.m. to 7:00 p.m. The rule
will be enforced for the duration of the event. The date and times of
enforcement will be broadcast locally over VHF-FM marine radio. The
safety zone will include all navigable waters of the Neuse River in New
Bern, North Carolina inside an area starting from approximate
positions: latitude 35[deg]06'55'' N, longitude 077[deg]02'04'' W, then
east to latitude 35[deg]07'06'' N, longitude 077[deg]01'27'' W, then
southeast to latitude 35[deg]06'49'' N, longitude 077[deg]01'12'' W,
then south to latitude 35[deg]06'08'' N, longitude 077[deg]01'18'' W,
then west to latitude 35[deg]06'02'' N, longitude 077[deg]01'57'' W,
then north to latitude 35[deg]06'32'' N, longitude 077[deg]01'54'' W,
then north to the point of origin then north to the point of origin,
for a total area of approximately 1 mile square.
The airshow will consist of three separate performances and will
last a total approximately 4 hours. All aircraft will remain at least
500 feet above the ground. Public spectators will be allowed to view
the event from the waterway, however, for safety reasons, the aircraft
will not perform if there are any vessels inside the safety zone. The
duration of this safety zone is intended to protect participants and
spectators on the navigable waters of the Neuse River during the
airshow. Vessels may transit the area, so long as they remain outside
the safety zone. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 the Neuse River during the
airshow from 3:00 p.m. through 7:00 p.m. November 30, 2024. 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.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's provisions do not
apply here. 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 4 hours that will prohibit entry within a 1 square
mile area of the Neuse River on November 30, 2024, from 3 p.m. to 7
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
[[Page 85857]]
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.T05-0512 to read as follows:
Sec. 165.T05-0512 Safety Zone; Neuse River, Airshow, New Bern, NC.
(a) Location. The following area is a safety zone: all navigable
waters of the Neuse River in New Bern, North Carolina, inside an area
starting from approximate positions: latitude 35[deg]06'55'' N,
longitude 077[deg]02'04'' W, then east to latitude 35[deg]07'06'' N,
longitude 077[deg]01'27'' W, then southeast to latitude 35[deg]06'49''
N, longitude 077[deg]01'12'' W, then south to latitude 35[deg]06'08''
N, longitude 077[deg]01'18'' W, then west to latitude 35[deg]06'02'' N,
longitude 077[deg]01'57'' W, then north to latitude 35[deg]06'32'' N,
longitude 077[deg]01'54'' W, then north to the point of origin, for a
total area of approximately 1 mile square.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, Sector North
Carolina.
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 North Carolina or the COTP North
Carolina's designated representative. Unless permission to remain in
the zone has been granted by the COTP North Carolina or the COTP North
Carolina'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).
(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 3 p.m.
through 7 p.m. on November 30, 2024.
Courtney A. Sergent,
Commander, U.S. Coast Guard, Alternate Captain of the Port Sector North
Carolina.
[FR Doc. 2024-25110 Filed 10-28-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 29, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.