[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58635-58636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29243]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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: This final rule is effective on December 2, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commanding Officer, U.S. 
Coast Guard Marine Safety Office Wilmington, 272 North Front Street, 
Suite 500, Wilmington, NC 28401-3907, between 8 a.m. and 4 p.m., Monday 
through Friday, except federal holidays. The telephone number is (910) 
815-4895.

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: 

Regulatory History

    On June 16, 1998, the Coast Guard Published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Safety Zone: Atlantic Intracoastal 
Waterway, Vicinity of Marine Corps Base Camp Lejeune, NC'' in the 
Federal Register (63 FR 32781). The Coast Guard did not receive any 
comments on the proposed rulemaking. No public hearing was requested 
and none was held.

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 former method of controlling vessel traffic 
through the AICW during live firing exercises was by establishing 
temporary safety zones that restrict access to portions of the AICW 
during live firing exercises. This rule establishes 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 their intent to use the 
range.
    This regulation was developed by the Coast Guard based on 
discussions with the Marine Corps, local towboat operators, fishermen, 
and recreational

[[Page 58636]]

boaters. Based on those discussions, the Coast Guard believes this 
final rule 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 Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking. 
Therefore, the final rule is being implemented without change.

Regulatory Evaluation

    This final 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 final 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 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 will 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. 601-612), the Coast 
Guard must consider whether this final rule 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. 632). Because it expects the impact of this final rule to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This final rule contains no information collection requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final 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 
proposal and concluded that under figure 2-1, paragraph (34)(g) of 
COMDTINST M16475.1C, this final rule is categorically excluded from 
further environmental documentation. 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.

Regulations

    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 section 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 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 or 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: October 19, 1998.
Roger T. Rufe, Jr.
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-29243 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-15-M