[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Proposed Rules]
[Pages 32781-32783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15896]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-98-038]
RIN 2115-AA97


Safety Zone: Atlantic Intracoastal Waterway, Vicinity of Marine 
Corps Base Camp Lejeune, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the 
Atlantic Intracoastal Waterway (AICW) adjacent to Marine Corps Base 
(MCB) Camp Lejeune, North Carolina which encompasses the navigable 
waters of the AICW and connecting waters between Cedar Point and Bear 
Creek. THe safety zone will improve vessel safety and permit maximum 
safe nonmilitary use of the AICW during times of military training 
involving the firing of live ammunition.

DATES: Comments must be received on or before September 14, 1998.

ADDRESSES: Comments may be mailed to Commanding Officer, U.S. Coast 
Guard Marine Safety Office Wilmington, 272 North Front Street, Suite 
500, Wilmington, NC 28401-3907 or may be delivered to Suite 500 at the 
same address between 8 a.m. and 4 p.m., Monday through Friday, except 
federal holidays. The telephone number is (910) 815-4895. Comments will 
become part of the docket for this rulemaking and will be available for 
inspection or copying in Suite 500, Marine Safety Office Wilmington.

FOR FURTHER INFORMATION CONTACT:
LT D.C. Brown, USCG, Project Officer, c/o Commanding Officer, U.S. 
Coast Guard Marine Safety Office Wilmington, 272 North Front Street, 
Wilmington, North Carolina 28401-3907, phone: 1-(800) 325-4956 or (910) 
815-4895 ext. 108.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses 
and identify this rulemaking (CGD 05-98-038). Commenters should also 
identify the specific section of this proposal to which each comment 
applies, and give the reason for each comment. The Coast Guard requests 
that all comments and attachments be submitted in an unbound format 
suitable for copying and electronic filing. If not practical, a second 
copy of any bound material is requested. Persons wanting acknowledgment 
of receipt of comments should enclose a stamped self addressed postcard 
or envelope.
    The Coast Guard will consider all comments received during the 
comment period, and may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to Marine Safety Office Wilmington at the location 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If the Coast Guard determines that the opportunity for 
oral presentation will aid this rulemaking, a public hearing will be 
held at a time and place announced in a Federal Register notice.

Background and Purpose

    Military personnel fire live ammunition on training ranges at 
Marine Corps Base (MCB) Camp Lejeune. During these live firing 
exercises, projectiles sometimes travel across the Atlantic 
Intracoastal Waterway (AICW) and into the Atlantic Ocean. Firing live 
ammunition across the AICW creates a hazardous condition to vessels 
that may be near the impact area of the projectiles. Army Corps of 
Engineers (ACOE) regulations in 33 CFR 334.440 designate certain 
coastal and connecting waters in the vicinity of Camp Lejeune as either 
danger zones or restricted areas.
    The ACOE regulations at 33 CFR 334.440(e)(2)(ii) prohibit vessels 
from entering the waters between the south bank of Bear Creek and the 
north bank of the north connecting channel between the AICW and Browns 
Inlet at all times. 33 CFR 334.440(e)(2)(iii) prohibits vessels from 
passing through the north connecting channel and the south connecting 
channel in the area between the AICW and Browns Inlet to the Atlantic 
Ocean during times of military use, including live firing and bombing. 
These ACOE regulations do not preclude vessels from transiting the 
AICW. The ACOE regulation at 33 CFR 334.440(e)(2)(i) permits vessels to 
proceed through the area of the AICW between Bear Creek and the Onslow 
Beach Bridge without stopping except in cases of extreme emergencies.
    Notwithstanding the ACOE regulations in 33 CFR 334.440(e)(2)(i), 
however, the Coast Guard may, in the interest of public safety, 
restrict vessel movement through the AICW by establishing a safety 
zone. The Coast Guard's current method of controlling vessel traffic 
through the AICW during live firing exercises is by establishing 
temporary safety zones that restrict access to portions of the AICW 
during live firing exercises. This proposed rule would establish a 
permanent safety zone that will enhance safety for mariners and still 
accommodate necessary military training. The permanent regulation will 
also more adequately notify mariners about the existence and location 
of the safety zone, which has been established in the past by frequent 
temporary rules of short duration.
    The Marine Corps' firing range training schedule is not extensive. 
Generally, mariners will not experience extended periods (over 12 
consecutive hours) of activity on the ranges. Firing ranges are used an 
average of two days every month. Encountering more than two consecutive 
days of range activity would be unusual. Generally, MCB Camp Lejeune 
provides the Coast Guard 2 or 3 weeks notice of its intent to conduct 
firing exercises.
    This proposal was developed by the Coast Guard based on discussions 
with the Marine Corps, local towboat operators, fishermen, and 
recreational boaters. Based on those discussions, the Coast Guard 
believes this proposal is the best method of enhancing public safety, 
allowing maximum access through the AICW, and facilitating military 
training aboard the Marine Corps Base.

Discussion of Proposed Rule

    The proposed safety zone would include a 9 nautical mile section of 
the AICW. Specifically, the proposed safety zone would include the 
waters of the AICW and connecting waters, from

[[Page 32782]]

Bogue Sound--New River Light 58 (LLNR 39210) at approximate position 
34 deg.37'57'' North, 077 deg.12'18'' West, and continuing in the AICW 
southwest to Bogue Sound--New River Daybeacon 70 (LLNR 39290) at 
approximate position 34 deg.33' 07'' North, 077 deg.20' 30'' West.
    Red warning flags or red warning lights will be displayed on towers 
located at both ends of the safety zone (Bear Creek and Cedar Point) 
whenever firing exercises are in progress. The flags or lights will be 
displayed by 8 a.m. on the day of the firing exercise, and will be 
removed at the end of the firing exercise. Vessels from the U.S. Navy 
will sweep the entire safety zone and give an ``all clear'' to Marine 
Corps range control prior to commencing fire. Navy safety vessels will 
also sweep the area used for firing and will report to range control 
prior to resuming fire on any even hour period. The Coast Guard or U.S. 
Navy will patrol each end of the safety zone area to inform mariners of 
a particular firing exercise.
    Although the safety zone covers an area of nine nautical miles, 
actual firing exercises normally take place within a 2 nautical mile 
area which does not change during a particular live firing exercise. 
The location of the 2 nautical mile area within the 9 mile safety zone 
may vary from exercise to exercise, however. While the safety zone is 
activated during the live fire exercises, permission may be granted to 
transit in non-firing areas of the safety zone. Consequently, even 
though the proposed safety zone would extend for 9 nautical miles, the 
Coast Guard would publish in the Local Notice to Mariners and announce 
in a Broadcast Notice to Mariners, the location within the safety zone 
of the two nautical mile area that the live firing exercise will occupy 
which would be subject to transit restrictions, and which portions of 
the safety zone not affected by the live firing exercise that the COTP 
has given advance permission to transit.
    Also, during a live firing exercise, the Marines only fire ordnance 
during alternating hours. Thus, there would be alternating one hour 
periods of closure and opening of this 2 nautical mile area for vessel 
transits. For example, during a 12-hour firing exercise, there would be 
alternate one hour periods of closure and opening for vessel transits 
(i.e., 1 hour of closure, one hour of opening, and so on). All vessels 
would be prohibited from entering the two nautical mile firing area 
during one-hour periods beginning at the start of even-numbered hours, 
local time. During odd-numbered hours, local time, vessels would be 
permitted to pass through the firing area as long as the vessel would 
be able to exit the firing area before the beginning of the next even-
numbered hour. For example, if the firing area in the AICW were closed 
between 8 a.m. and 9 a.m., then from 9 a.m. to 10 a.m. vessel traffic 
may transit, and shall completely clear the area. At 10 a.m. the firing 
area in the AICW would again be closed to vessel traffic for the next 
hour, and so on.
    The specific times that the safety zone will be activated would be 
announced in a Broadcast Notice to Mariners, and published in a Notice 
to Mariners when practical. Because the live-firing schedule is not 
extensive, and because general permission may be granted to transit all 
but 2 nautical miles of the safety zone when activated, the Coast Guard 
expects the impact of this proposed rule on commercial and recreational 
traffic to be minimal.
    To summarize, the Coast Guard is proposing to establish a 9 
nautical mile safety zone in the AICW. The Coast Guard may grant 
general permission to transit the non-hazardous parts of the safety 
zone while it is in effect. Additionally, vessels would be permitted to 
transit the live-firing area of the safety zone during specified hours.

Regulatory Evaluation

    This proposed 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 proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. The Coast Guard does not expect 
extensive activation of this proposed safety zone. Furthermore, general 
permission to enter the non-hazardous parts of the safety zone may be 
granted, and the rest of the safety zone would be open to traffic 
during specified hours. Therefore, the Coast Guard expects the impact 
on routine navigation to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 623). Because it expects the impact of 
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

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

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under figure 2-1, paragraph (34)(g) of 
COMDTINST M16475.1C, this proposed rule is categorically excluded from 
further environmental documentation. This proposed rule establishes a 
permanent safety zone in the area of live weapons firing exercises at 
Marine Corps Base Camp Lejeune. It does not allow any new or additional 
activity in the safety zone, but merely establishes regulations to 
provide for the safety of mariners transiting the area of the firing 
exercises. A Categorical Exclusion Determination statement has been 
prepared and placed in the rulemaking docket.

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 proposes 
to amend 33 CFR part 165 as follows:
    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. 165.514 is added to read as follows:


Sec. 165.514  Safety Zone: Atlantic Intracoastal Waterway and 
connecting waters, vicinity of Marine Corps Base Camp Lejeune, North 
Carolina.

    (a) Location. The following area is a safety zone: All waters of 
the Atlantic

[[Page 32783]]

Intracoastal Waterway (AICW) and connecting waters, from Bogue Sound--
New River Light 58 (LLNR 39210) at approximate position 34 deg.37'57'' 
North, 077 deg.12'18'' West, and continuing in the AICW southwest to 
Bogue Sound--New River Daybeacon 70 (LLNR 39290) at approximate 
position 34 deg.33'07'' North, 077 deg.20'30'' West. All coordinates 
reference Datum: NAD 1983.
    (b) Notwithstanding the provisions of 33 CFR 334.440(e)(2)(i), no 
vessel may enter the safety zone described in paragraph (a) of this 
section while weapons firing exercises are in progress, except as 
provided in paragraph (c) of this section or unless permitted by the 
Captain of the Port (COTP) Wilmington.
    (1) Red warning flags or red warning lights will be displayed on 
towers located at both ends of the safety zone (Bear Creek and Cedar 
Point) while firing exercises are in progress. The flags or lights will 
be displayed by 8 a.m. on days where firing exercises are scheduled, 
and will be removed at the end of the firing exercise.
    (2) A Coast Guard of U.S. Navy vessel will patrol each end of the 
safety zone to ensure the public is aware that firing exercises are in 
progress and that the firing area is clear of vessel traffic before 
weapons are fired.
    (c)(1) The COTP Wilmington will announce the specific times and 
locations of firing exercises by Broadcast Notice to Mariners and Local 
Notice to Mariners. Normally, weapons firing for each firing exercise 
is limited to a two nautical mile portion of the safety zone. The COTP 
may issue general permission to transit all or specified parts of the 
safety zone outside of the actual firing area or if firing is 
temporarily stopped. This general permission will be announced in a 
Local Notice to Mariners and Broadcast Notice to Mariners.
    (2) Weapons firing will be suspended and vessels permitted to 
transit the specified two nautical mile firing area for a one-hour 
period beginning at the start of each odd-numbered hour local time 
(e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified firing 
area unless it will be able to complete its transit of the firing area 
before firing exercises are scheduled to re-start at the beginning of 
the next even-numbered hour.
    (d) U.S. Navy safety vessels may be contacted on VHF marine band 
radio channels 13 (156.65 Mhz) and 16 (156.8 Mhz). The Captain of the 
Port may be contacted at the Marine Safety Office, Wilmington, NC by 
telephone at 1-(800) 325-4956 or (910) 815-4895.

    Dated: June 1, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-15896 Filed 6-15-98; 8:45 am]
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