[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15390]


[Federal Register: June 28, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Wilmington 93-005]
RIN 2115AA97


Safety Zone; Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone on the 
Cape Fear River in the vicinity of the Battleship USS NORTH CAROLINA 
Memorial in the waterfront area of downtown Wilmington, North Carolina. 
The safety zone is needed to protect people, vessels, and property from 
safety hazards associated with the annual launching of fireworks from 
Eagle Island during the 4th of July and Riverfest celebrations.

EFFECTIVE DATE: This rule will become effective on June 30, 1994.

FOR FURTHER INFORMATION CONTACT:
LTJG G. A. Howard, U.S. Coast Guard, Marine Safety Office Wilmington, 
NC, Phone: (910) 343-4881.

SUPPLEMENTARY INFORMATION: 

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 
Office.

Regulatory History

    On September 27, 1993, the Coast Guard published a notice of 
proposed rulemaking in the Federal Register (58 FR 50303). The Coast 
Guard received one letter commenting on the proposal. A public hearing 
was not requested and one was not held.

Background and Purpose

    In years past, the Coast Guard has provided a safety zone on the 
Cape Fear River in Wilmington, North Carolina, for several annual 
events. The fireworks are generally launched during the annual 4th of 
July celebration, and on the first Saturday of October each year during 
the Riverfest celebration. The launching of commercial fireworks 
constitutes a potential safety hazard to the people, vessels, and 
property in the vicinity. This safety zone is needed to protect the 
public from the potential hazards near the fireworks display and to 
insure a smooth launching operation. It will consist of an area of 
water 200 yards wide and 667 yards long.

Discussion of Comments

    Only one comment was received. The Commentor objected to safety 
zones in general and did not offer alternatives except for not enacting 
a safety zone or reducing the size. Because of the past experiences 
with fireworks displays, the zone is needed. Based on those same 
experiences and the fireworks used in the displays, the size of the 
zone is the minimum necessary to protect the public and Coast Guard 
officers patrolling the zone from unacceptable risks.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential cost and benefits under 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    There were no comments made suggesting any impact to small 
entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant impact on a substantial number of 
small entities.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
rule consistent with section 2.B.2.c of Commandant Instruction 
M16475.1B (National Environmental Protection Act), and actions to 
protect the public safety have been determined to be categorically 
excluded from further environmental documentation.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant 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, Part 165, Subpart F 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. 165.515 is added to read as follows:


Sec. 165.515  Safety Zone: Cape Fear River, Wilmington, North Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Cape Fear River bounded by a line connecting 
the following points:


    Latitude                         Longitude                          
                                                                        
34 deg.14'12'' N                     77 deg.57'10'' W                   
34 deg.14'12'' N                     77 deg.57'06'' W                   
34 deg.13'54'' N                     77 deg.57'00'' W                   
34 deg.13'54'' N                     77 deg.57'06'' W                   
                                                                        

    (2) The safety zone boundary can be described as follows: starting 
at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear 
River to the north end of the Coast Guard moorings, down along the east 
bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS 
Memorial (Chandler's Wharf), back across the Cape Fear River to Eagle 
Island, and then up along the west bank of the Cape Fear River to the 
stern of the Battleship USS NORTH CAROLINA.
    (b) 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.
    (c) General information. 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.
    (d) Regulation. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the regulated area.
    (1) The operator of any vessel in the immediate vicinity of this 
safety 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.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (2) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a) of the section, but may not block a 
navigable channel.
    (e) Effective date. The Captain of the Port will issue a Marine 
Safety Information Broadcast and a Notice to Mariners to notify the 
public when this section is in effect.

    Dated: June 9, 1994.
C.F. Eisenbeis,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 94-15390 Filed 6-27-94; 8:45 am]
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