[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Proposed Rules]
[Pages 12812-12814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6036]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-03-167]
RIN 1625-AAOO


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend safety zone regulations for 
the Atlantic Intracoastal Waterway (AICW) and connecting waters, in the 
vicinity of Marine Corps Base Camp Lejeune, North Carolina. The 
proposed amendment would provide for additional closures of the AICW of 
up to 4 hours for Naval weapons training and revise phone numbers for 
Marine Safety Office Wilmington listed in the regulation. The 4-hour 
closure periods are necessary to ensure the safety of vessels in this 
area while facilitating military training and the ammunition 
certification processes.

DATES: Comments and related material must reach the Coast Guard on or 
before June 16, 2004.

ADDRESSES: You may mail comments and related material to Commanding 
Officer, Coast Guard Marine Safety Office, 721 Medical Center Drive 
Suite 100, Wilmington, NC, 28401. The Port Operations department of 
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, 
will become part of this docket and will be available for inspection or 
copying at U.S. Coast Guard Marine Safety Office, 721 Medical Center 
Drive, Suite 100, Wilmington, NC 28401 between 9 a.m. and 3 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Charles A. Roskam II, Chief, Port 
Operations, USCG Marine Safety Office Wilmington, telephone number 
(910) 772-2207.

SUPPLEMENTARY INFORMATION:

Request for Comments

    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 CGD05-03-
167, 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 proposed rule in view of 
received comments.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commanding Officer, Coast Guard 
Marine Safety Office, 721 Medical Center Drive Suite 100, Wilmington, 
NC 28401, at the

[[Page 12813]]

address under ADDRESSES explaining why one would be beneficial. If we 
determine that a public meeting would aid this rulemaking, we will hold 
it at a time and place announced in a separate notice in the Federal 
Register.

Background and Purpose

    The Coast Guard proposes an amendment to the safety zone in the 
Atlantic Intracoastal Waterway and connecting waters in the vicinity of 
Marine Corps Base Camp Lejeune, North Carolina. The existing 
regulations do not account for live firing of weapons from Naval 
vessels located offshore on the Atlantic Ocean. Projectiles from these 
live fire operations sometimes travel across the AICW to the impact 
area on Camp Lejeune.
    Current Naval weapons training and ammunition certification 
requirements necessitate extended periods of live fire. AICW closure 
periods longer than those currently specified in the existing 
regulations are necessary to ensure the safety of vessels in this area 
and facilitate military training and ammunition certification 
processes.

Discussion of Proposed Rule

    This proposed rule includes a revision allowing for closure of the 
AICW for periods of up to 4 hours for Naval gunnery live fire 
exercises. This proposed rule will also revise the contact number for 
the COTP at the Marine Safety Office Wilmington.
    This proposed rule addresses operational conditions that were not 
considered when the existing regulation was promulgated in 1998 (63 FR 
58636, Nov. 2, 1998). Naval gunnery live fire operations are conducted 
crossing the AICW from offshore on the Atlantic Ocean in the vicinity 
of the N-1/BT3 impact area and impacting areas in Camp Lejeune. Live 
fire periods of up to 4 hours are necessary to complete weapons 
training and ammunition certification processes. The extended closure 
periods will occur approximately twice a month, but no more than 30 
times per year, and only during daylight hours.
    This proposed rule, differentiating between Marine Artillery and 
Naval gunnery live fire exercises, retains the current 1-hour transit 
schedule during Marine Corps artillery live fire while permitting 
closure of the AICW for periods of up to 4 hours during Naval gunnery 
live fire exercises. During Naval gunnery live fire exercises; the 
waterway will be opened for a minimum of 1 hour following each 4-hour 
closure to allow for the transit of vessels. The COTP Wilmington will 
announce specific closure times by Broadcast Notice to Mariners and 
Local Notice to Mariners. In addition, due to recent change of location 
of Marine Safety Office Wilmington, COTP contact numbers have been 
changed to 1-(877) 229-0770 or (910) 772-2200; the regulation will be 
amended to reflect these changes. All other provisions of the existing 
regulation shall remain unchanged.

Regulatory Evaluation

    This 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 Homeland 
Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This rule only affects a small 
portion, less than two miles, of the AICW in North Carolina. The 
proposed regulations have been tailored in scope to impose the least 
impact on maritime interests, yet provide the level of safety necessary 
for such an event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The Coast Guard expects a minimal economic 
impact on a substantial number of small entities due to this rule 
because little commercial traffic transits this area of the AICW. Also, 
on average, a very small amount of recreational traffic travels this 
portion of the AICW.
    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 to 
Commanding Officer, Coast Guard Marine Safety Office, 721 Medical 
Center Drive Suite 100, Wilmington, NC 28401, 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact U.S. Coast Guard Marine Safety 
Office Wilmington, LCDR Chuck Roskam, Chief, Port Operations, listed 
under FOR FURTHER INFORMATION CONTACT.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of

[[Page 12814]]

Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian 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 proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1226, 1231; 46 U.S.C. 701, 50 U.S.C. 191, 
195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5. Pub. L. 107-295, 
116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.

    2. In Sec.  165.514 amend paragraph (b) by adding the paragraph 
heading ``Regulations.'' immediately before the word 
``Notwithstanding''; amend paragraph (c) by adding the paragraph 
heading ``General information.'' immediately before ``(1) The COTP 
Wilmington''; amend paragraph (c)(1) by adding the paragraph heading 
``Announcements.'' immediately before the words ``The COTP 
Wilmington'', revise paragraphs (c)(2) and (d), and add paragraph 
(c)(3) to read as follows:


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

* * * * *
    (b) Regulations. * * *
    (c) General information. (1) Announcements. * * *
    (2) Camp Lejeune artillery operations. Artillery weapons firing 
over the AICW from Marine Corps Base Camp Lejeune will be suspended and 
vessels permitted to transit the specified 2-nautical-mile firing area 
for a 1-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.
    (3) Atlantic Ocean Naval Gunnery live fire operations. Naval 
gunnery live fire operations over the AICW from off shore on the 
Atlantic Ocean may be conducted for periods not to exceed 4 hours, then 
suspended and vessels permitted to transit the specified two-mile 
firing area for a minimum of one hour before firing may resume. 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.
    (d) Contact information. 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-(877) 229-0770 or (910) 770-2200.

    Dated: March 3, 2004.
Jane M. Hartley,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 04-6036 Filed 3-17-04; 8:45 am]
BILLING CODE 4910-15-P