[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20190]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Wilmington, NC 94-004]
RIN 2115-AA97

 

Safety Zone Regulations; Cape Fear River and Northeast Cape Fear 
River, NC

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is establishing a permanent safety zone in the 
Cape Fear and Northeast Cape Fear Rivers. A request for comments from 
the public is also being solicited. The safety zone is needed to 
protect the public, vessels, and property from risks and hazards 
associated with the transportation of certain hazardous materials while 
transiting the Cape Fear and Northeast Cape Fear Rivers. Entry into 
this zone is prohibited during vessel transit and cargo transfer 
operations unless authorized by the Captain of the Port.

DATES: This regulation is effective on August 19, 1994. Comments must 
be received on or before October 18, 1994.

ADDRESSES: Comments should be mailed to the Commanding Officer, U.S. 
Coast Guard Marine Safety Office, 272 North Front Street, Wilmington, 
North Carolina 28401-3907. The comments and other materials referenced 
in this notice will be available for inspection and copying at the U. 
S. Coast Guard Marine Safety Office, Suite 500, 272 North Front Street, 
Wilmington, North Carolina 28401-3907. Normal business hours are 
between 7:30 a.m. and 4 p.m., Monday through Friday, except holidays. 
Comments may also be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
LTJG K.J. DeLooff, c/o U.S. Coast Guard Captain of the Port, Suite 500, 
272 N. Front Street, Wilmington, NC 28401-30907, Phone: (910) 343-4895.

SUPPLEMENTARY INFORMATION: 

Request For Comments

    Interested persons are invited to participate in this rulemaking by 
submitting written views, data or arguments. Persons submitting 
comments should include their names and addresses, identify this notice 
and the specific section of the rule to which their comments apply, and 
give reasons for each comment. This rule may be changed in light of 
comments received. All comments received before the expiration of the 
comment period will be considered before final action is taken on this 
rule. No public hearing is planned, but one may be held if written 
requests for a hearing are received and it is determined that the 
opportunity to make oral presentations will aid the rulemaking process.

Drafting Information

    The drafters of this regulation are LTJG K.J. DeLooff, project 
officer for the Captain of the Port, Wilmington, NC, and LT M.L. 
Lombardi, project attorney, Fifth Coast Guard District Legal Office.

Background and Purpose

    The Cape Fear and Northeast Cape Fear Rivers carry commercial and 
public vessels laden with increasing of amounts hazardous materials. 
The area is also experiencing rapid growth in the recreational vessel, 
barge, and other maritime traffic. The hazards of the materials 
transported range from fire and explosion to public health hazards. 
These materials, essential to the military, and to the petrochemical 
and textile industries are routinely transported in a safe manner. 
However, maritime traffic which could interfere with the safe movement 
of a vessel carrying hazardous materials would create a condition of 
unacceptable risk to the maritime community.
    The shipping channel within the rivers is normally only 400 feet 
wide and maneuvering room for a deep draft vessel is limited. 
Additionally, most of the facilities which handle these materials are 
about 30 miles upstream from the mouth of the river.
    The safety zone will be enacted by a Broadcast Notice to Mariners 
prior to the vessel's arrival into the river and will be terminated by 
another broadcast.
    Maritime traffic will not be significantly impacted because of the 
small percentage of vessels needing this safety zone, and the limited 
duration of the zone, typically less than three hours during transit 
and only for initial hookups and cargo operations. Other piloted 
commercial traffic would not normally be affected because meeting 
situations between two piloted vessels are not normally scheduled by 
the pilots. Other commercial traffic not under a pilot's control would 
be regulated and safe passage would be arranged by the vessel 
identified in the safety zone, Coast Guard enforcement personnel, and 
the non-piloted commercial vessel's master. Recreational vessels would 
be directed to the safe limits of the river out of the zone while the 
vessel passed and would be able to resume normal operation when the 
vessel identified in the safety zone has passed.
    The actual dates this safety zone would be in effect are not known 
at this time, but the public will be given notice through a Broadcast 
Notice to Mariners when the Captain of the Port Wilmington invokes the 
safety zone.
    This safety zone is needed to protect the public from the hazards 
associated with the passage of these vessels as well as the movement of 
other maritime traffic around these vessels.

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 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 
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

    Because it expects the impact of this rule to be so minimal, 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 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 section 165.530 is added, to read as follows:


Sec. 165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, 
NC.

    (a) Location. The following area is a moving safety zone during the 
specified conditions: The waters of the Cape Fear and Northeast Cape 
Fear Rivers for 500 yards ahead and astern, and 75 yards abeam of a 
vessel carrying hazardous materials when designated by the Captain of 
the Port Wilmington, North Carolina.
    (b) General Information. (1) 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 enforcing the safety zone can be contacted on VHF-FM channels 
16 and 81.
    (2) The Captain of the Port may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.
    (3) The Marine Safety Office Wilmington will notify the maritime 
community of periods during which this safety zone will be in effect by 
providing advance notice of scheduled arrivals and departures of loaded 
hazardous materials vessels via a marine broadcast Notice to Mariners.
    (c) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply.

    Dated: August 5, 1994.
T.L. Rice,
Captain, U.S. Coast Guard, Captain of the Port Wilmington, NC.
[FR Doc. 94-20190 Filed 8-18-94; 8:45 am]
BILLING CODE 4910-14-M