[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11288]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Wilmington, NC 94-002]

 

Safety Zone Regulations; Masonboro Inlet, Wrightsville Beach, NC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Masonboro 
Inlet in the vicinity of Wrightsville Beach, North Carolina. The safety 
zone is needed to protect people, vessels, and property from safety 
hazards associated with dredge operations being conducted by the U.S. 
Army Corps of Engineers near Masonboro Inlet. Entry into this zone is 
prohibited unless authorized by the Captain of the Port, Wilmington, 
North Carolina, or his designated representative.

EFFECTIVE DATES: This regulation is effective from 12:01 a.m., on April 
27, 1994 to 11:59 p.m., on June 15, 1994, unless sooner terminated by 
the Captain of the Port, Wilmington, North Carolina.

FOR FURTHER INFORMATION CONTACT:
LCDR M.L. BLAIR, USCG, c/o U.S. Coast Guard Captain of the Port, Suite 
500, 272 N. Front Street, Wilmington, North Carolina 28401-3907, Phone: 
(910) 343-4881.

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 not have been possible since the conditions 
warranting the establishment of this safety zone were not realized 
until April 26, 1994.

Drafting Information

    The drafters of this regulation are LTJG G.A. HOWARD, project 
officer for the Captain of the Port, Wilmington, North Carolina, and LT 
M.L. LOMBARDI, project attorney, Fifth Coast Guard District Legal 
Staff.

Discussion of Regulation

    On April 26, 1994, the U.S. Army Corps of Engineers requested that 
the Coast Guard provide a safety zone for the dredge operations they 
are conducting in the Masonboro Inlet. The dredge operations are 
ongoing 24 hours a day in shallow water areas frequented by the surfing 
community. The strong suction of the dredge poses a great danger to the 
surfers, as well as small watercraft. Additionally, dangers are posed 
by the increased traffic caused by vessels supporting the dredge 
operation. This safety zone is needed to protect the public from the 
potential hazards near the dredge operation. It will consist of an area 
of water within a radius of 100 yards, surrounding the Dredge Alaska.

Regulatory Evaluation

    This proposal 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 been exempted from review 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 
temporary final rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

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 Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, 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 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T05-024 is added, to read as follows:


Sec. 165.T05-024   Safety Zone: Masonboro Inlet Dredge Operations, 
Masonboro Inlet, Onslow Bay, Vicinity of Wrightsville Beach, North 
Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of Onslow Bay and Masonboro Inlet circumscribed by a 
radial line drawn from the centerpoint of the Dredge Alaska for 100 
yards in all directions.
    (b) Effective date. This section is effective from 12:01 a.m. April 
27, 1994 to 11:59 p.m. on June 15, 1994, unless sooner terminated by 
the Captain of the Port, Wilmington, North Carolina.
    (c) Local regulations. Except for persons or vessels authorized by 
the Coast Guard Patrol Commander, no person or vessel may enter or 
remain in the regulated area. Any person or operator of any vessel in 
the immediate vicinity of this safety zone shall proceed as directed by 
any commissioned, warrant, or petty officer on board a vessel 
displaying a Coast Guard Ensign.
    (d) Definitions. The designated representative of the Captain of 
the Port is any Coast Guard commissioned, warrant, or petty officer who 
has been authorized by the Captain of the Port, Wilmington, North 
Carolina, to act on his behalf.
    (e) Points of contact. The Captain of the Port and the Duty Officer 
at the Marine Safety Office, Wilmington, North Carolina, can be 
contacted at telephone number (910) 343-4895. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 16 and 81.

    Dated: April 26, 1994.
C.F. Eisenbeis,
Captain, Coast Guard Captain of the Port, Wilmington, NC.
[FR Doc. 94-11288 Filed 5-9-94; 8:45 am]
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