[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Rules and Regulations]
[Pages 39096-39100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18681]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-01-006]
RIN 2115-AE84


Regulated Navigation Area; Cape Fear River and Northeast Cape 
Fear River, Wilmington, NC

AGENCY: Coast Guard, DOT.

ACTION: Interim rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
(RNA) for the Cape Fear River and Northeast Cape Fear River. This 
action is necessary because of the extensive channel-deepening project 
involving dredging, drilling, and blasting being undertaken by the U. 
S. Army Corps of Engineers. The RNA is needed to ensure the safety of 
vessels transiting the Cape Fear River and Northeast Cape Fear River 
during dredging, drilling, and blasting operations associated with the 
deepening project.

DATES: This interim rule becomes effective on August 1, 2001. Comments 
must be received on or before October 25, 2001.

ADDRESSES: You may mail comments and related material to the Waterways 
Management Branch (CGD05-01-006), Coast Guard Marine Safety Office 
Wilmington, 1502 23rd Street, Wilmington, NC 28405. Or deliver comments 
to the Marine Safety Office at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.
    The Waterways Management Branch of Coast Guard Marine Safety Office 
Wilmington maintains the public docket for this rulemaking. 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 
(CGD05-01-006) and are available for inspection or copying at the Coast 
Guard Marine Safety Office Wilmington, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign David Dixon, Asst. Chief, Port 
Operations Department, Coast Guard Marine Safety Office Wilmington at 
(910) 772-2208, or the Waterways Management Branch at (910) 772-2180.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard has added a provision to the interim rule that was

[[Page 39097]]

not contained in the Notice of Proposed Rulemaking. For waterway 
traffic management purposes, the Coast Guard is requesting that the 
master, owner, or operator of a vessel meeting the requirements for 
notice of arrival under 33 CFR 160.207 provide notice to the COTP at 
least 48 hours before entering the RNA.
    The Coast Guard is evaluating whether it is necessary to make this 
provision mandatory. We encourage you to participate in this rulemaking 
by submitting comments and related material. If you do so, please 
include your name and address, identify the docket number for this 
rulemaking (CGD05-01-006), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit all comments and related material in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying. If 
you would like to know they reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Regulatory Information

    On May 31, 2001, we published a NPRM entitled Regulated Navigation 
Area; Cape Fear River and Northeast Cape Fear River, Wilmington, North 
Carolina in the Federal Register (66 FR 29524). We received one letter 
commenting on the proposed rule. No public hearing was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Work on the channel deepening 
project is scheduled to begin on August 1, 2001. There are many 
significant safety concerns associated with the drilling, blasting, and 
dredging operations being undertaken as part of the channel-deepening 
project. The maritime industry and other users of the Cape Fear River 
and Northeast Cape Fear River were consulted by the U.S. Coast Guard 
and the U.S. Army Corps of Engineers at various fora before developing 
the proposed rule. The parameters of the RNA are a direct result of the 
comments and input received from the maritime industry, other users of 
the waterway, and the U.S. Army Corps of Engineers. Therefore, the 
Coast Guard finds that it is in the public interest to have the 
regulation in place on August 1, 2001 when operations resume. In 
addition, the Coast Guard will provide advance notification of the RNA 
via Broadcast Notice to Mariners or Local Notice to Mariners.

Background and Purpose

    The Cape Fear River and Northeast Cape Fear River are the areas to 
be designated as a RNA. The RNA is to enhance vessel safety during the 
extensive channel-deepening project being undertaken by the U. S. Army 
Corps of Engineers, which involves dredging, drilling and blasting in 
these areas. Current channel depths restrict the full economy of 
existing and future generations of deep draft vessels. This project, 
which is expected to last approximately six years (completion is 
expected by 2006), will deepen the existing channel of 25 feet at the 
upstream limits of the deepening project and 40 feet at the entrance 
channel to 34 feet and 44 feet, respectively, to accommodate the deeper 
draft vessels.
    Dredging work within the RNA will be conducted in five distinct 
areas: Ocean Bar II, Horseshoe Shoal, Passing Lane & Anchorage Basin, 
Big Island, and the Northeast Cape Fear River. Drilling or blasting is 
expected to occur within the Passing Lane & Anchorage Basin, Big 
Island, and the Northeast Cape Fear River work areas. Drilling and 
blasting is not expected to occur at the Ocean Bar II and Horseshoe 
Shoal work areas although dredging will still take place. During the 
project, the RNA will impose channel restrictions and other safety 
measures to facilitate the dredging operations and enhance navigation 
safety. The area has been and will continue to be available for use by 
the general public.

Discussion of Comments

    On May 31, 2001, we published a notice of NPRM entitled Regulated 
Navigation Area; Cape Fear River and Northeast Cape Fear River, 
Wilmington, North Carolina in the Federal Register (66 FR 29524). We 
received one comment. The comment focused on the necessity of 
communications between waterway users and the vessels conducting 
drilling, blasting, and dredging operations in order to keep 
disturbances to operations and vessel traffic to a minimum. The Coast 
Guard agrees. The rule requires and encourages communications between 
vessels transiting the RNA and the vessels conducting drilling, 
blasting, and dredging operations.

Discussion of Interim Rule

    The interim rule adds a provision. For waterway traffic management 
purposes, the Coast Guard is requesting that the master, owner, or 
operator of a vessel that meets the requirements for notice of arrival 
under 33 CFR 160.207 provide notice to the COTP at least 48 hours 
before entering the RNA. The requested notice is the same notice 
required by 33 CFR 160.207 and will meet the reporting requirement 
contained in 33 CFR 160.207.
    This provision is necessary because of the dynamic nature of 
dredging, drilling, and blasting operations in the Cape Fear River. 
Drilling and blasting operations in particular require detailed 
planning to minimize traffic interruptions. For example, once a drill 
barge commences operations, explosive charges are inserted into the 
river bottom. These charges are connected to the drill barge by several 
wires. Although vessel traffic may continue to pass the blast site in 
this situation, the drill barge is not able to move off station. In 
some cases, the blast site may be well into the navigable channel, 
potentially delaying deep draft vessel traffic. For this reason, every 
effort will be made to schedule a blast between transits of deep draft 
vessels to minimize delays. The increased notice of arrival will allow 
the Marine Safety Office, Wilmington, the U.S. Army Corps of Engineers, 
and the blasting contractor, to coordinate blast times and surveys, 
taking into account tidal concerns, and safety restrictions.
    In addition, the Coast Guard added language to the effective period 
terminating the rule in 2006, added a start reference point for 
measuring miles and defined miles in terms of nautical miles.

Regulatory Evaluation

    This interim rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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).
    (1) This rule only affects a limited area of water for limited 
periods of time. Vessels will only be restricted from transiting the 
work areas during blasting

[[Page 39098]]

operations. The estimated delays resulting from blasting are expected 
to last no longer than sixty (60) minutes and occur no more than two 
(2) times daily in any one area.
    (2) Requiring vessels over 300 gross tons and tugs with tows to 
contact the COTP 12 hours before vessel movement within the RNA will 
permit the COTP to review additional traffic management considerations 
for vessels which are tidal dependent or draft restrictive.
    (3) Requesting 48-hour notice of arrival, will enable the Coast 
Guard to consider additional traffic management considerations for 
vessels which are tidal dependant or draft restrictive.
    (4) If deemed necessary, the Captain of the Port, Wilmington may, 
upon written request, authorize a deviation from any regulation in this 
section if it is found that the proposed operations can be done safely. 
A written application for deviation must be received not less than 48-
hours before intended operation and must state the need and describe 
the proposal.
    (5) Advance notifications will be made to the local maritime 
community by Broadcast Notices to Mariners, Local Notices to Mariners, 
facsimile, and at Cape Fear Waterways Management Council meetings.
    (6) Based upon discussions with and comments received from the 
maritime industry, other users of the waterway, and the U.S. Army Corps 
of Engineers, the regulations have been narrowly tailored in scope to 
impose the least impact on maritime interests yet provide the level of 
safety deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this interim 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.
    This interim rule would affect the following entities, some of 
which might be small entities: Shipping companies, towing companies, 
dredging companies, commercial fishing vessels and recreational 
vessels. This interim rule was preceded by a NPRM. One comment was 
received by a small entity regarding this rule. The comment focused on 
the necessity of communications between waterway users and the vessels 
conducting drilling, blasting, and dredging operations in order to keep 
disturbances to operations and vessel traffic to a minimum. The Coast 
Guard agrees. The rule requires and encourages communications between 
vessels transiting the RNA and the vessels conducting drilling, 
blasting, and dredging operations.
    For the reasons stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605 (b) that this interim rule 
will not have a significant economic impact on a substantial number of 
small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), in the NPRM we offered to 
assist small entities in understanding the proposed rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process.
    If this rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact ENS David Dixon, 
Asst. Chief, Port Operations, Coast Guard Marine Safety Office 
Wilmington at (910) 772-2208 or the Waterways Management Branch at 
(910) 772-2180.
    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 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. 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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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 34(g), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. This interim rule fits paragraph 34(g) as 
it establishes a Regulated Navigation Area. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

Indian Tribal Governments

    This interim rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian

[[Page 39099]]

tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.

    2. Add Sec. 165.540 immediately after Sec. 165.530 to read as 
follows:


Sec. 165.540  Regulated Navigation Area; Cape Fear River, Northeast 
Cape Fear River, Wilmington, North Carolina.

    (a) Description of the Regulated Navigation Area (RNA). The RNA 
encompasses all waters of the Cape Fear River and Northeast Cape Fear 
River from the intersection of Bald Head Shoal Channel and Smith Island 
Channel (centerline coordinates Latitude 33 deg.52'24.028" N, Longitude 
78 deg.00'29.624" W (NAD 83)) to mile 26.7 on the Northeast Cape Fear 
River.
    (b) Work areas. Dredging work within the RNA will be conducted in 
five distinct areas: Ocean Bar II, Horseshoe Shoal, Passing Lane & 
Anchorage Basin, Big Island, and the Northeast Cape Fear River. 
Drilling or blasting is expected to occur within the Passing Lane & 
Anchorage Basin, Big Island, and the Northeast Cape Fear River work 
areas. The blast sites within the RNA, will be identified and made 
available to the public through: Broadcast Notices to Mariners or Local 
Notices to Mariners (Local Notices to Mariners are available on-line at 
www.navcen.uscg.gov/lnm/d5/); direct contact with the control vessel on 
channel 16 VHF-FM; direct contact with the contractor; 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, dredge and blasting 
companies will have a control vessel present at the site of each blast.
    (c) Enforcement period. This section will be enforced during the 
months of August, September, October, November, December, and January, 
each year. This rule will expire on January 31, 2006.
    (d) Definitions.
    Active work area means a work area in which blasting, drilling, or 
dredging operations are currently taking place.
    Blast site means the area where explosive material is handled 
during loading, including the perimeter formed by the loaded blast 
holes and fifty (50) feet (15.2 meters) in all directions from loaded 
holes.
    Blasting operations means the detonation of explosives on the river 
bottom.
    Captain of the Port means the Coast Guard officer designated by the 
Commandant to command the Captain of the Port Zone as described in 33 
CFR 3.25-20.
    Control vessel means the vessel at an active work area which 
coordinates operations within the active work area.
    Hangfire means a blast that fails to detonate at initiation, but 
detonates at a later time.
    Mile means measured as nautical miles.
    Misfire means a blast that fails to detonate completely after an 
attempt at initiation, also the explosive material that failed to 
detonate as planned.
    RNA means Regulated Navigation Area.
    Work area means those places within the RNA where dredging, 
drilling, and blasting shall be conducted.
    (e) Description of work areas in the RNA. (1) Ocean Bar II, mouth 
of Cape Fear. The work area includes: Part of Bald Head Shoal Channel, 
Smith Island Channel, Baldhead Caswell Channel, Southport Channel, 
Battery Island Channel, Lower Swash Channel, and the majority of Snows 
Marsh Channel. The downstream end of the work area (centerline 
coordinates: Latitude 33 deg. 50'43.668"N, Longitude 78 deg. 
01'40.068"W (NAD 1983)) is located southeast of Cape Fear River Channel 
Lighted Buoy 8 (LL 30350), approximately 2,560 feet east of the 
centerline of the existing Bald Head Shoal Channel. Upstream end of the 
work area is located 1,200 feet downstream of the intersection of Snows 
Marsh Channel and Horseshoe Shoal Channel at turn six (mile 6.5, 
approximately 1,150 feet downstream of Cape Fear River Channel Lighted 
Buoy 25 (LL 30530/39965)).
    (2) Horseshoe Shoal. The work area includes: Horseshoe Shoal 
Channel and part of Snows Marsh Channel. Downstream end of the work 
area is located 1,200 feet downstream of the intersection of Snows 
Marsh Channel and Horseshoe Shoal Channel (mile 6.5, approximately 
1,150 feet downstream of Cape Fear River Channel Lighted Buoy 25 (LL 
30530/39965)). Upstream end of the work area is located at the 
intersection of Horseshoe Shoal Channel and Reaves Point Channel (mile 
7.7, at about Cape Fear River Channel Lighted Buoy 27 (LL 30550/
39945)).
    (3) Big Island. The work area includes: Part of Keg Island Channel, 
Lower Big Island Channel, Upper Big Island Channel, and part of Lower 
Brunswick Channel. Downstream end of the work area is approximately 
2,230 feet upstream of the intersection of Upper Lilliput Channel and 
Keg Island Channel (mile 16.2, approximately 1,320 feet downstream of 
Cape Fear River Channel Lighted Buoy 46 (LL 30765) and approximately 
2,300 feet upstream of Cape Fear River Channel Lighted Buoy 44 (LL 
30750)). Upstream end of the work area is approximately 2,680 feet 
upstream of intersection of Upper Big Island Channel and Lower 
Brunswick Channel (mile 18.7, approximately 1,620 feet upstream of Cape 
Fear River Channel Lighted Buoy 56 (LL 30830) and approximately 590 
feet downstream of the Carolina Power & Light Company (CP&L) overhead 
power line crossing).
    (4) Passing Lane and Anchorage Basin. There are two separate work 
areas for this contract, separated by the Big Island Contract.
    (i) Passing Lane work area is located immediately downstream of the 
Big Island contract work area. The work area includes: Reaves Point 
Channel, Lower Midnight Channel, Upper Midnight Channel, Lilliput 
Channel, and part of Keg Island Channel. Downstream end of Passing Lane 
work area is the intersection of Horseshoe Shoal Channel and Reaves 
Point Channel (mile 7.7, at about Cape Fear River Channel Lighted Buoy 
27 (LL 30550/39945)). Upstream end of the Passing Lane work area is 
approximately 2,230 feet upstream of intersection of Upper Lilliput 
Channel and Keg Island Channel (mile 16.2, approximately 1,320 feet 
downstream of

[[Page 39100]]

Cape Fear River Channel Lighted Buoy 46 (LL 30765) and approximately 
2,300 feet upstream of Cape Fear River Channel Lighted Buoy 44 (LL 
30750)).
    (ii) Anchorage Basin work area is located immediately upstream of 
the Big Island contract work area. The work area includes: Part of 
Lower Brunswick Channel, Fourth East Jetty Channel, Between Channel, 
and Anchorage Basin Channel. Downstream end of Anchorage Basin work 
area is approximately 2,680 feet upstream of intersection of Upper Big 
Island Channel and Lower Brunswick Channel (mile 18.7, approximately 
1,620 feet upstream of Cape Fear River Channel Lighted Buoy 56 (LL 
30830) and approximately 590 feet downstream of the CP&L overhead power 
line crossing). Upstream end of Anchorage Basin work area is the Cape 
Fear Memorial Bridge (mile 23.6).
    (5) Northeast Cape Fear River. The downstream end of the work area 
is the Cape Fear Memorial Bridge (mile 23.6). Upstream end of the work 
area (approximately mile 26.7) is on the Northeast Cape Fear River and 
is approximately 700 feet upstream of the turning basin located 
opposite Koch Sulfur Products Co. and approximately 90 feet downstream 
of the submerged gas pipeline crossing.
    (f) Regulations. (1) Blasting, drilling, and dredging operations 
raise many safety issues for vessels transiting the RNA. All mariners 
are reminded to exercise caution while transiting or operating in the 
RNA.
    (2) Active work areas, control vessels, and blast sites will be 
identified via Broadcast Notices to Mariners or Local Notices to 
Mariners. The Local Notice to Mariners is available on-line at 
www.navcen.uscg.gov/lnm/d5/. Control vessels shall monitor channel 16 
VHF-FM.
    (3) The following requirements apply to all vessels.
    (i) All vessels shall inform themselves of the active work areas 
prior to entering the RNA.
    (ii) All vessels shall contact and receive permission from the 
control vessel for that work area before entering the active work area.
    (iii) All vessels transiting an active work area shall do so at no 
wake speed or the minimum speed necessary to maintain steerage.
    (iv) During blasting operations all vessels are prohibited from 
entering an area of 500 yards surrounding the blast site. Upon 
notification of a misfire or hangfire, all vessels underway in the RNA 
shall proceed to clear the active work area in which the misfire or 
hangfire occurred.
    (4) Vessels over 300 gross tons and tugs with tows are required to 
contact the COTP 12 hours before vessel movement within the RNA.
    (5) Vessels meeting the notice of arrival requirements under 33 CFR 
160.207 are encouraged to notify the COTP at least 48-hours before the 
vessel enters the RNA to facilitate scheduling and minimize delays. 
Updates are encouraged at least 12 hours before arriving at the RNA 
boundaries. The COTP may delay entry into the RNA to accommodate other 
commercial traffic.
    (6) Vessels of 300 gross tons or greater shall be prohibited from 
entering the RNA when they are advised that a misfire or hangfire has 
occurred.
    (7) For any vessel with another vessel/barge in tow transiting an 
active work area, the hawser or wire length of the tow shall not exceed 
275 feet, measured from the towing bit on the tug to the point where 
the hawser or wire connects with the towed vessel or barge.
    (8) Vessels of 300 gross tons or greater and tugs with tows, shall, 
prior to entering the RNA, ensure that they have sufficient propulsion 
and directional control to safely navigate the RNA under the prevailing 
conditions.
    (9) Vessels of 300 gross tons or greater and tugs with tows are 
prohibited from meeting or overtaking vessels of 300 gross tons or 
greater or tugs with tows in active work areas or within one nautical 
mile of an active work area.
    (10) The Captain of the Port, Wilmington may, upon written request, 
authorize a deviation from any regulation in this section if it is 
found that the proposed operations can be done safely. An application 
for deviation must be received not less than 48 hours before intended 
operation and must state the need and describe the proposal.

    Dated: July 16, 2001.
T.W. Allen,
Vice Admiral, USCG, Commander, Fifth Coast Guard District.
[FR Doc. 01-18681 Filed 7-26-01; 8:45 am]
BILLING CODE 4910-15-U