[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Page 949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-266]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Wilmington, NC Regulation 94-001]
Safety Zone Regulations; Atlantic Intracoastal Waterway, Camp
Lejuene, NC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in the Atlantic
Intracoastal Waterway, Camp Lejuene, NC, between mile boards 235 and
240. The safety zone is needed to protect the public, vessels and
property from safety hazards associated with the removal of unexploded
military munitions prior to dredging operations on the Atlantic
Intracoastal Waterway. Entry into this zone is prohibited during actual
operations unless authorized by the Captain of the Port.
EFFECTIVE DATES: This regulation is effective from 8 a.m. on January
10, 1994, and terminates on February 11, 1994 at 5 p.m., unless sooner
terminated by the Captain of the Port, Wilmington, NC.
FOR FURTHER INFORMATION CONTACT:
ENS K. J. DELOOFF, USCG, c/o U.S. Coast Guard Captain of the Port,
suite 500, 272 N. Front Street, Wilmington, NC 28401-3907, Phone: (910)
343-4894.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking (NPRM) was not published for this regulation and
good cause exists for making it effective in less than 30 days after
Federal Register publication. Publishing an NPRM and delaying its
effective date would be contrary to the public's interest since
immediate action is necessary to prevent possible damage to people,
vessels and property in the area.
Drafting Information
The drafters of this regulation are ENS K. J. DELOOFF, project
officer for the Captain of the Port, Wilmington, NC, and LCDR C. A.
ABEL, project attorney, Fifth Coast Guard District Legal Staff.
Discussion of Regulation
The event requiring this regulation will begin on January 10, 1994
and terminate on February 11, 1994. U.S. Navy personnel will be diving
in the Atlantic Intracoastal Waterway between the hours of 8 a.m. and 5
p.m. on the dates indicated above. Commercial traffic will not be
severely impeded due to a one hour window between 12 p.m. and 1 p.m. in
which vessels will be permitted to pass. The diving for unexploded
munitions constitutes a potential hazard to the public, vessels and
property in the vicinity. This safety zone is needed to protect the
public from the hazards associated with this diving operation as well
as to protect the diving crews during actual underwater operations.
Regulatory Evaluation
This regulation is not considered a significant regulatory action
under Executive Order 12866 and is not significant under Department of
Transportation regulatory policies and procedures (44 FR 11034,
February 26, 1979).
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that it does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 33 CFR 165
Harbors, Marine safety, Navigation (water), Security measures,
Waterways.
Regulation
In consideration of the foregoing, subpart F of part 165 of title
33, Code of Federal Regulations, is amended 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 160.5; 49 CFR
1.46.
2. A temporary Sec. 165.T05-097 is added, to read as follows:
Sec. 165.T05-097 Safety Zone: Atlantic Intracoastal Waterway, between
mile board 235 and 240, Camp Lejuene, North Carolina.
(a) Location. The following area is a safety zone:
(1) The waters of the Atlantic Intracoastal Waterway circumscribed
by a line drawn from the following navigational points: latitude
34 deg.38' North, longitude 077 deg.12.0' West, then south to latitude
34 deg.34.7' North, longitude 077 deg.15.9' West, then east to latitude
34 deg.34.7' North, longitude 077 deg.16.2' West, then north to
latitude 34 deg.38' North, longitude 077 deg.12.2' West, thence to the
beginning.
(2) The safety zone boundary can be described as follows: the zone
will be established between mile boards 235 and 240, Atlantic
Intracoastal Waterway, Camp Lejuene, NC.
(b) Effective Dates. This regulation becomes effective on January
10, 1994 at 8 a.m., and terminates at 5 p.m. February 11, 1994, unless
sooner terminated by the Captain of the Port.
(c) Regulations. (1) In accordance with the general regulation in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port.
(2) The Patrol Commander will monitor radio communications on
Channel 16.
(3) The operator of any vessel which enters or operates within this
zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard Ensign, or by the U.S. Navy Patrol Commander aboard a U.S.
Navy small craft.
(ii) Proceed as directed by any commissioned, warrant, or petty
officer on board a vessel displaying a Coast Guard Ensign, or by the
U.S. Navy Patrol Commander aboard a U.S. Navy small craft.
Dated: December 21, 1993.
C.F. Eisenbeis,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 94-266 Filed 1-6-94; 8:45 am]
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