[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58635-58636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29243]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 05-98-038]
RIN 2115-AA97
Safety Zone: Atlantic Intracoastal Waterway, Vicinity of Marine
Corps Base, Camp Lejeune, NC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in the Atlantic
Intracoastal Waterway (AICW) adjacent to Marine Corps Base (MCB) Camp
Lejeune, North Carolina, which encompasses the navigable waters of the
AICW and connecting waters between Cedar Point and Bear Creek. The
safety zone will improve vessel safety and permit maximum safe
nonmilitary use of the AICW during times of military training involving
the firing of live ammunition.
DATES: This final rule is effective on December 2, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Commanding Officer, U.S.
Coast Guard Marine Safety Office Wilmington, 272 North Front Street,
Suite 500, Wilmington, NC 28401-3907, between 8 a.m. and 4 p.m., Monday
through Friday, except federal holidays. The telephone number is (910)
815-4895.
FOR FURTHER INFORMATION CONTACT:
LT D.C. Brown, USCG, Project Officer, c/o Commanding Officer, U.S.
Coast Guard Marine Safety Office Wilmington, 272 North Front Street,
Wilmington, North Carolina 28401-3907, phone: 1-(800) 325-4956 or (910)
815-4895 ext. 108.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 16, 1998, the Coast Guard Published a Notice of Proposed
Rulemaking (NPRM) entitled ``Safety Zone: Atlantic Intracoastal
Waterway, Vicinity of Marine Corps Base Camp Lejeune, NC'' in the
Federal Register (63 FR 32781). The Coast Guard did not receive any
comments on the proposed rulemaking. No public hearing was requested
and none was held.
Background and Purpose
Military personnel fire live ammunition on training ranges at
Marine Corps Base (MCB) Camp Lejeune. During these live firing
exercises, projectiles sometimes travel across the Atlantic
Intracoastal Waterway (AICW) and into the Atlantic Ocean. Firing live
ammunition across the AICW creates a hazardous condition to vessels
that may be near the impact area of the projectiles. Army Corps of
Engineers (ACOE) regulations in 33 CFR 334.440 designate certain
coastal and connecting waters in the vicinity of Camp Lejeune as either
danger zones or restricted areas.
The ACOE regulations at 33 CFR 334.440(e)(2)(ii) prohibit vessels
from entering the waters between the south bank of Bear Creek and the
north bank of the north connecting channel between the AICW and Browns
Inlet at all times. 33 CFR 334.440(e)(2)(iii) prohibits vessels from
passing through the north connecting channel and the south connecting
channel in the area between the AICW and Browns Inlet to the Atlantic
Ocean during times of military use, including live firing and bombing.
These ACOE regulations do not preclude vessels from transiting the
AICW. The ACOE regulation at 33 CFR 334.440(e)(2)(i) permits vessels to
proceed through the area of the AICW between Bear Creek and the Onslow
Beach Bridge without stopping except in cases of extreme emergencies.
Notwithstanding the ACOE regulations in 33 CFR 334.440(e)(2)(i),
however, the Coast Guard may, in the interest of public safety,
restrict vessel movement through the AICW by establishing a safety
zone. The Coast Guard's former method of controlling vessel traffic
through the AICW during live firing exercises was by establishing
temporary safety zones that restrict access to portions of the AICW
during live firing exercises. This rule establishes a permanent safety
zone that will enhance safety for mariners and still accommodate
necessary military training. The permanent regulation will also more
adequately notify mariners about the existence and location of the
safety zone, which has been established in the past by frequent
temporary rules of short duration.
The Marine Corps' firing range training schedule is not extensive.
Generally, mariners will not experience extended periods (over 12
consecutive hours) of activity on the ranges. Firing ranges are used an
average of two days every month. Encountering more than two consecutive
days of range activity would be unusual. Generally, MCB Camp Lejeune
provides the Coast Guard 2 or 3 weeks notice of their intent to use the
range.
This regulation was developed by the Coast Guard based on
discussions with the Marine Corps, local towboat operators, fishermen,
and recreational
[[Page 58636]]
boaters. Based on those discussions, the Coast Guard believes this
final rule is the best method of enhancing public safety, allowing
maximum access through the AICW, and facilitating military training
aboard the Marine Corps Base.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rulemaking.
Therefore, the final rule is being implemented without change.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this final rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. The Coast Guard does not expect
extensive activation of this safety zone. Furthermore, general
permission to enter the non-hazardous parts of the safety zone may be
granted, and the rest of the safety zone will be open to traffic during
specified hours. Therefore, the Coast Guard expects the impact on
routine navigation to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because it expects the impact of this final rule to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
final rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This final rule contains no information collection requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under figure 2-1, paragraph (34)(g) of
COMDTINST M16475.1C, this final rule is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination statement has been prepared and placed in the rulemaking
docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new section 165.514 is added to read as follows:
Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and
Connecting Waters, Vicinity of Marine Corps Base Camp Lejeune, North
Carolina.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Intracoastal Waterway (AICW) and connecting waters, from
Bogue Sound--New River Light 58 (LLNR 39210) at approximate position
34 deg.37'57'' North, 077 deg.12'18'' West, and continuing in the AICW
southwest to Bogue Sound--New River Daybeacon 70 (LLNR 39290) at
approximate position 34 deg.33'07'' North, 077 deg.20'30'' West. All
coordinates reference Datum: NAD 1983.
(b) Notwithstanding the provisions of 33 CFR 334.440(e)(2)(i), no
vessel may enter the safety zone described in paragraph (a) of this
section while weapons firing exercises are in progress, except as
provided in paragraph (c) of this section or unless permitted by the
Captain of the Port (COTP) Wilmington.
(1) Red warning flags or red warning lights will be displayed on
towers located at both ends of the safety zone (Bear Creek and Cedar
Point) while firing exercises are in progress. The flags or lights will
be displayed by 8 a.m. on days where firing exercises are scheduled,
and will be removed at the end of the firing exercise.
(2) A Coast Guard or U.S. Navy vessel will patrol each end of the
safety zone to ensure the public is aware that firing exercises are in
progress and that the firing area is clear of vessel traffic before
weapons are fired.
(c)(1) The COTP Wilmington will announce the specific times and
locations of firing exercises by Broadcast Notice to Mariners and Local
Notice to Mariners. Normally, weapons firing for each firing exercise
is limited to a two nautical mile portion of the safety zone. The COTP
may issue general permission to transit all or specified parts of the
safety zone outside of the actual firing area or if firing is
temporarily stopped. This general permission will be announced in a
Local Notice to Mariners and Broadcast Notice to Mariners.
(2) Weapons firing will be suspended and vessels permitted to
transit the specified two nautical mile firing area for a one-hour
period beginning at the start of each odd-numbered hour local time
(e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified firing
area unless it will be able to complete its transit of the firing area
before firing exercises are scheduled to re-start at the beginning of
the next even-numbered hour.
(d) U.S. Navy safety vessels may be contacted on VHF marine band
radio channels 13 (156.65 Mhz) and 16 (156.8 Mhz). The Captain of the
Port may be contacted at the Marine Safety Office, Wilmington, NC by
telephone at 1-(800) 325-4956 or (910) 815-4895.
Dated: October 19, 1998.
Roger T. Rufe, Jr.
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-29243 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-15-M
