[Federal Register: July 15, 2003 (Volume 68, Number 135)]
[Rules and Regulations]
[Page 41721-41722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy03-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-072]
RIN 1625-AA00
Security Zone; Bogue Sound, Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
around the grounds of the North Carolina State Port Authority Terminal
at Morehead City south of Highway 70 and the waters of Beauford Inlet
Bogue Sound. This action is necessary to provide security for vessels
involved in loading or offloading operations and the State Port
Authority Terminal during a military operation. The security zone will
prevent access to unauthorized persons who may attempt to enter the
secure area via Bogue Sound or the North Carolina State Port Authority
Terminal.
DATES: This rule is effective from 8 a.m. EST on June 13, 2003, to
11:59 p.m. EST on December 13, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD-05-03-072 and are available for
inspection or copying at Coast Guard Marine Safety Office, 721 Medical
Center Drive, Suite 100, Wilmington, North Carolina 28401, between 9:30
a.m. and 2 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ensign Diego Benavides, Port Security,
(910) 772-2232.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. The Coast Guard is promulgating these security zone
regulations to protect vessels loading or offloading and the
surrounding vicinity for reasons directly related to military
operations and national security. Accordingly, based on the military
function exception set forth in the Administrative Procedure Act, 5
U.S.C. 553(a)(1), notice and comment rule-making and advance
publication, pursuant to 5 U.S.C. 553(b) and (d), are not required for
this regulation. This temporary security zone is necessary to provide
for the security of the United States.
Background and Purpose
The security zone is designed to prevent access by unauthorized
persons who may attempt to enter the secure area via Bogue Sound and
the North Carolina State Port Authority terminal.
Discussion of Rule
For security reasons, this rule limits access to the regulated area
to those vessels and persons authorized to enter and operate within the
security zone. The Captain of the Port or her designated representative
may authorize access to the security zone. Mariners must contact the
control vessel on VHF-FM channel 16 to request access to transit
through the regulated area. In addition, the Coast Guard will make
notifications via maritime advisories.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
Although this regulation restricts access to the regulated area,
the effect of this regulation will not be significant because: (i) The
COTP or her representative may authorize access to the security zone;
(ii) the security zone will be in effect for limited duration; and
(iii) the Coast Guard will make notifications via maritime advisories
so mariners can adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This rule will affect the following entities, some of which
may be small entities: the owners and operators of vessels intending to
transit or anchor within the security zone while it is in effect. The
security zone encompasses the water areas of Beaufort Inlet and Bogue
Sound within a line connecting the following points: beginning at
34[deg]42'53'' N, 076[deg]41'12'' W (Point 1); extending north along
the western shore of Radio Island to 34[deg]43'24'' N, 076[deg]41'9'' W
(Point 2); extending westward 2300 yards to 34[deg]43'16'' N,
076[deg]42'48'' W (Point 3); extending approximately 400 yards west to
34[deg]43'8'' N, 076[deg]43' W (Point 4); extending south approximately
760 yards to 34[deg]42'74'' N, 076[deg]83' W (Point 5); extending
southeast approximately 2450 yards to 34[deg]41'94'' N, 076[deg]41'68''
W (Point 6); extending northeast approximately 1000 yards
34[deg]42'53'' N, 076[deg]41'12'' W (Point 1). And personnel attempting
to enter the portion of the grounds of the North Carolina State Port
Authority Terminal at Morehead City south of Highway 70 while the
security zone is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the address listed under
ADDRESSES.
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 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).
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 41722]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. This rule establishes a 6-month security
zone.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.
0
2. Add Sec. 165.T05-072 to read as follows:
Sec. 165.T05-072 Security Zone: Bogue Sound and North Carolina State
Port Authority Terminal, Morehead City, NC.
(a) Location. The following area is a security zone: All waters and
grounds within the North Carolina State Port Authority Terminal south
of Highway 70; and all waters of Beaufort Inlet and Bogue Sound
encompassed by a line connecting the following points: beginning at
34[deg]42'53'' N, 076[deg]41'12'' W (Point 1); extending north along
the western shore of Radio Island to 34[deg]43'24'' N, 076[deg]41'9'' W
(Point 2); extending westward 2300 yards to 34[deg]43'16'' N,
076[deg]42'48'' W (Point 3); extending approximately 400 yards west to
34[deg]43'8'' N, 076[deg]43' W (Point 4); extending south approximately
760 yards to 34[deg]42'74'' N, 076[deg]83' W (Point 5); extending
southeast approximately 2450 yards to 34[deg]41'94'' N, 076[deg]41'68''
W (Point 6); and extending northeast approximately 1000 yards to
34[deg]42'53'' N, 076[deg]41'12'' W (Point 1).
(b) Captain of the Port. For the purposes of this section, Captain
of the Port means the Commanding Officer of the Marine Safety Office
Wilmington, NC, or any Coast Guard commissioned, warrant, or petty
officer who has been authorized to act on her behalf.
(c) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in 33 CFR 165.33.
(2) Persons or vessels requiring entry into or passage within the
zone must first request authorization from the Captain of the Port or
her designated representative. The Captain of the Port's representative
enforcing the zone can be contacted on VHF marine band radio, channel
16. The Captain of the Port can be contacted at (910) 231-1847.
(3) The operator of any vessel within this security zone must:
(i) stop the vessel immediately upon being directed to do so by the
Captain of the Port or her designated representative.
(ii) proceed as directed by the Captain of the Port or her
designated representative.
(d) Effective period. This section is in effect from 8 a.m. EST on
June 13, 2003, to 11:59 p.m. EST on December 13, 2003.
Dated: June 13, 2003.
Jane M. Hartley,
Captain, Coast Guard, Captain of the Port, Wilmington, North Carolina.
[FR Doc. 03-17834 Filed 7-14-03; 8:45 am]
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