[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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