[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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#08464b45697a61666d6d7e6d667c7b487d7b6b6f26656164"><span class="__cf_email__" data-cfemail="81cfc2cce0f3e8efe4e4f7e4eff5f2c1f4f2e2e6afece8ed">[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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