[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Rules and Regulations]
[Pages 81363-81365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32823]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-00-051]

RIN 2115-AA97


Safety Zone; Big Island Contract Section of the Wilmington Harbor 
Deepening Project, Wilmington, NC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Cape Fear 
River in Wilmington, NC. This zone is necessary to ensure the safety of 
life and property during the detonation of explosives along the bottom 
of the Cape Fear River in conjunction with the harbor deepening and 
widening project. Vessels entering the safety zone must inform 
themselves when and where blasting activities will occur, and stay 500 
yards away from any blasting activities.

DATES: The rule is effective from 9 a.m. on November 6, 2000, through 5 
p.m. on January 31, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-00-051 and are available for inspection or 
copying at USCG Marine Safety Office Wilmington, 1502 23rd Street, 
Wilmington, NC 28405 between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Novotny, Chief of Port 
Operations, at (910) 772-2215, or after normal business hours, the 
Officer of the Day at (910) 313-5213.

SUPPLEMENTARY INFORMATION:   

Regulatory History:

    A Notice of Proposed Rule Making (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing an NPRM. In keeping with the 
requirements of 5 U.S.C. 533(d)(3), the Coast Guard also finds good 
cause exists for making this regulation effective less than 30 days 
after publication in the Federal Register. The Coast Guard received 
confirmation of this request from Great Lakes Dredge and Dock Company 
on 2 October, 2000. There was not sufficient time to publish a proposed 
rule in advance of the event. Publishing an NPRM and delaying the 
effective date of the regulation would be contrary to the public 
interest because immediate action is necessary to protect vessels, 
property, and the public, from hazards associated with the detonation 
of explosives.

Background and Purpose

    The Captain of the Port Wilmington, North Carolina, received 
notification from Great Lakes Dredge and Dock Company on 2 October 
2000, that the company intended to detonate explosives along the bottom 
of the Cape Fear River in order to break up rock to be dredged. In 
order to ensure the safety of life and property the Coast Guard is 
establishing a safety zone that encompasses the section of the Cape 
Fear River where the blasting is to occur. The safety zone is the width 
of the Cape Fear River, between Latitudes 34 deg.06'00" N and 
34 deg.09'00" N. Vessels and persons entering the safety zone must 
check one of the following sources of information concerning the 
location and time of blasts occurring that day, and maintain a 500 yard 
distance from the blast sites. The blast sites within the safety zone 
will be identified daily and made available to the public through a 
Broadcast Notice to Mariners, direct contact with the control vessel on 
channel 16 VHF-FM, direct contact with the contractor, Great Lakes 
Dredge and Dock Company at (910) 350-3507, or through the Coast Guard 
Marine Safety Office at (910) 772-2200. In addition, Great Lakes 
Dredging will have control vessels present at the site of blast to warn 
any vessels in the area.

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. The 
Office of Management and Budget has not reviewed it 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). This rule only affects waters between Latitudes 34 deg.06'00" N 
and 34 deg.09'00" N on the Cape Fear River, Wilmington, North Carolina. 
Vessels will be allowed to pass through the Safety Zone if they inform 
themselves of the time and location of the blasts. The actual blast 
sites will be identified daily and made available to the public through 
a Broadcast Notice to Mariners, direct contact with the control vessel 
on channel 16 VHF-FM, direct contact with the contractor, Great Lakes 
Dredge and Dock Company at (910) 350-3507, or through the Coast Guard 
Marine Safety Office at (910) 772-2200. Therefore, the Coast Guard 
expects the economic impact of this proposal to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have

[[Page 81364]]

a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in that portion of the Cape Fear River affected by this 
safety zone from 9:00 a.m. 6 November 2000, through 5:00 p.m. on 31 
January 2001.
    This safety zone will not have a significant economic impact on 
substantial number of small entities for the following reasons. This 
rule only affects a limited area of water for the limited period of 
time. Vessels will be allowed to transit the safety zone provided that 
they comply with Captain of the Port requirements for doing so. It is 
unlikely that there will be more than two blasts a day, one in the 
morning and one in the evening. The waterway will be restricted one 
hour before the blasts and will be reopened after the blast.

Assistance to Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we are willing to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory Fairness 
Boards. The Ombudsman evaluates these actions annually and rates each 
agency's responsiveness to small businesses. If you wish to comment on 
actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-
734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(g) of Commandant 
Instruction M16475.lC, 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 discussed 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; and 49 CFR 1.46.

    2. Add temporary Sec. 165.T05-051 to read as follows:


Sec. 165.T05-051  Safety Zone; Cape Fear River, Wilmington, North 
Carolina.

    (a) Location. The following area is a safety zone: The Cape Fear 
River near Wilmington, N.C. between Latitudes 34 deg.06'00" N and 
34 deg.09'00" N.
    (b) Blast Sites. The blast sites will be within the Safety Zone, 
and will be identified daily and made available to the public through a 
Broadcast Notice to Mariners, direct contact with the control vessel on 
channel 16 VHF-FM, direct contact with the contractor, Great Lakes 
Dredge and Dock Company at (910) 350-3507, or through the Captain of 
the Port on VHF Marine Band Radio, channels 13 and 16, or at telephone 
number (910) 772-2200. In addition, Great Lakes Dredge and Dock Company 
will have control vessels present at the site of blast.
    (c) Effective Date. From 9 a.m. on November 6, 2000, through 5 p.m. 
on January 31, 2001.
    (d) Definitions.
    (1) Captain of the Port means the Commanding Officer of the Marine 
Safety Office Wilmington, North Carolina or any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by 
Captain of the Port to act on his behalf.
    (2) Blast Site means the location Great Lakes Dredge and Dock 
Company is placing or detonating underwater explosives, as announced by 
Broadcast Notice to Mariners, direct contact with the control vessel on 
channel 16 VHF-FM, direct contact with the contractor, Great Lakes 
Dredge and Dock Company at (910) 350-3507, or through the Captain of 
the Port on VHF Marine Band Radio, channels 13 and 16, or at telephone 
number (910) 772-2200. Blast Sites will be within the Safety Zone.
    (3) Control Vessels are vessels operated by Great Lakes Dredging 
that mark the blast site, monitor and provide safety advisories on VHF 
Channel 16, and warn vessels away from the blast site.
    (e) Regulation.
    (1) Any person or vessel entering or navigating in the safety zone 
must inform themselves of the time and location of scheduled blasts. 
The blast sites within the safety zone will be identified daily and 
made available to the public through a Broadcast Notice to Mariners, 
direct contact with the control vessel on channel 16 VHF-FM, direct 
contact with the contractor, Great Lakes Dredge and Dock Company at 
(910) 350-3507, or through the Coast Guard Marine Safety Office at 
(910) 772-2200. In addition, Great Lakes Dredging will have control 
vessels present at the blast site to warn any vessels in the area.
    (2) Any person or vessel operating in the Safety Zone must maintain 
a distance of 500 yards from the Blast Site unless authorized to be 
closer by the Captain of the Port.
    (3) Any person operating in the Safety Zone must comply with 
instructions given by the Captain of the Port and monitor VHF channel 
16 for safety advisories provided by Great Lakes Dredge and Dock 
Company.
    (4) Great Lakes Dredge and Dock Company will operate a Control 
Vessel

[[Page 81365]]

at every blast site. Control Vessels crews must be able to warn of the 
blast site danger and communicate on VHF Channel 16.
    (5) The Captain of the Port can be contacted on VHF Marine Band 
Radio, channels 13 and 16, or at telephone number (910) 772-2200.
    (6) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).

    Dated: October 30, 2000.
W.C. Bennett,
Captain, USCG, Captain of the Port, Wilmington, NC.
[FR Doc. 00-32823 Filed 12-22-00; 8:45 am]
BILLING CODE 4910-15-P