[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16717-16718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9431]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 05-96-012]
RIN 2115-AA97


Safety Zone: Smith Creek, Vicinity of Wilmington, NC

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard Captain of this Port, Wilmington, is 
establishing a safety zone in the Smith Creek and tributaries near the 
New Hanover International Airport near Wilmington, North Carolina. The 
safety zone encompasses the waters of the Smith Creek and tributaries 
between the 23rd Street Bridge and a bend in the creek between the two 
runways. The safety zone is needed to protect people, vessels, and 
property from safety hazards associated with a high speed, aerobatic 
performance by the U.S. Air Force Thunderbirds. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port.

EFFECTIVE DATES: From 12 p.m. (noon) to 5 p.m. April 19, 20, and 21, 
1996 unless sooner terminated by the Captain of the Port.

FOR FURTHER INFORMATION CONTACT:
LTJG K.J. DeLooff, USCG, Project Officer, c/o Commanding Officer, U.S. 
Coast Guard Marine Safety Office, 272 North Front Street, Wilmington, 
North Carolina 28401-3907. Phone: (910) 343-4895, Extension 108.

SUPPLEMENTARY INFORMATION: K.J. DeLooff, project officer for the 
project attorney, Fifth Coast Guard District.

Discussion of Regulation

    The New Hanover International Airport hosts a biannual air show on 
April 20-21, 1996. The U.S. Air Force Thunderbirds will be performing 
on both days and practicing on April 19, 1996. The maneuvers performed 
by the Thunderbirds are risky and an extensive area has to be closed of 
personnel to protect public safety in the event of a crash or other 
disaster. The Coast Guard is establishing a safety zone to prevent 
damage or injury which could result from the practice session and 
performances and will prevent vessels from transiting during the time 
the Thunderbirds are flying over the area.
    The safety zone will be effective from 12 p.m. (noon) to 5 p.m. on 
April 19, 20, and 21, 1996 unless terminated sooner by the Captain of 
the Port Wilmington (COTP). The actual times the waterway will be 
closed may vary depending on the actual times of the performance and 
practice session, which are weather dependent. Before enforcement of 
the safety zone, the Captain of the Port will announce via VHF channel 
16 that this section will be enforced and the waterway will be closed 
to traffic. Vessels from either the U.S. Coast Guard or New Hanover 
County International Airport will patrol the safety zone to inform and 
control vessel traffic.
    The safety zone includes:
    The waters of the Smith Creek from the 23rd Street Bridge at 
approximately 34 deg.15.5' North, 078 deg.55.2' West to a bend in Smith 
Creek between two runways at approximately 34 deg.15.5' North, 
078 deg.54.4' West.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
this regulation effective in less than 30 days after Federal Register 
publication. Publishing a NPRM and delaying the effective date would be 
contrary to the public interest since immediate action is needed to 
protect mariners from potential hazards associated with potential risks 
of operation of high performance aircraft and the aerobatic maneuvers 
of the Thunderbirds. The final schedule for this event and other 
related activities was not finalized and communicated to the Coast 
Guard in sufficient time to allow for a period for comments.

Assessment

    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 not been reviewed 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.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e(34) of Commandant 
Instruction M16475.1B (amended by 59 FR 38654), this rule is 
categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 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 temporary section 165.T5012 is added to read as follows:


Sec. 165.T5012  Safety Zone: Smith Creek, Wilmington, North Carolina.

    (a) Location. The following area is a safety zone:
    (1) The waters of the Smith Creek and tributaries from the 23rd 
Street Bridge at approximately 34 deg.15.5' North, 078 deg.55.2' West 
to a bend in Smith Creek between two runways at approximately 
34 deg.15.5' North, 078 deg.54.4' West. (Datum: NAD83) (b) This section 
is effective from 12 p.m. (noon) to 5 p.m. April 19, 20, and 21, 1996, 
unless terminated earlier by the Captain of the Port (COTP), 
Wilmington, NC. (c) No person or vessel may enter the safety zone 
without the permission of the COTP or his designated representative. 
(d) The COTP or his designated representative will announce times 
during which this section will be enforced. (e) The COTP or his 
designated representative may be contacted at the Marine Safety Office, 
Wilmington, NC by telephone at (910) 343-4895 or by radio on VHF-FM 
channel 16.


[[Page 16718]]


    Dated: March 12, 1996.
T. L. Rice,
Captain, U. S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 96-9431 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M