[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]
BILLING CODE 9110-04-P


