[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Rules and Regulations]
[Pages 78361-78363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22440]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-07-123]
RIN 1625-AA00


Safety Zone: Transit of Industrial Cranes, Cape Fear River, 
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone from the mouth 
of the Cape Fear River to the Cape Fear Memorial Bridge to provide for 
the safety of the public during the transit and mooring of a vessel 
carrying four (4) large industrial cranes. The cranes are of such size 
and dimension that they will create a significant obstruction to safe 
navigation for other vessels operating in the vicinity. Restricting 
vessel traffic is necessary to ensure the safety of the public. Vessel 
traffic will only be restricted during the transit of the vessel.

DATES: This rule is effective from 1 a.m. on February 1, 2007 until 11 
p.m. on February 15, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-123 and are available for 
inspection or copying at the Coast Guard Marine Safety Unit Wilmington, 
North Carolina between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LT Tim Grant, Chief of Response, Coast 
Guard Marine Safety Unit Wilmington, North Carolina at (910) 772-2191.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking 
(NPRM) was not published for this regulation. Good cause exists for not 
publishing a NPRM. Any delay encountered in this regulation's effective 
date by publishing a NPRM would be contrary to public interest since 
immediate action is needed to prevent traffic from transiting the 
waters of the Cape Fear River. A safety zone is needed in order to 
provide for the safety of life and property on navigable waters of the 
Cape Fear River. The regulated area will consist of the complete 
closure of the Cape Fear River to vessel traffic movement beginning at 
the International Regulations for Prevention of Collisions at Sea, 1972 
(COLREGS, 72) Demarcation Line drawn from Oak Island Light House to 
Bald Head Island Abandon Light House noted on NOAA chart 11537 and 
proceeding north up the Cape Fear River bank to bank to the Cape Fear 
Memorial Bridge. The safety zone will be enforced until the vessel 
transporting the cranes has been safely moored at North Carolina State 
Port Authority berth 8.

Background and Purpose

    Sometime between February 1, 2007 and February 15, 2007, The North 
Carolina State Port Authority (NCSPA) intends to bring in four (4) new 
cranes to enhance container operations at the NCSPA's facility located 
on the Cape Fear River, Wilmington, North Carolina. The combination of 
the size of the cranes and the restricted maneuverability in the Cape 
Fear River necessitates the temporary restriction of all commercial 
vessel movement in the Cape Fear River to protect mariners from the 
hazards associated with this event. This temporary safety zone will be 
enforced for approximately five (5) to seven (7) hours on a day between 
February 1 and February 15 when the transit of the vessel carrying four 
large industrial cranes occurs. The zone will only be enforced on the 
day during the transit. The zone will not be enforced on subsequent 
days during the duration of the effective period. The zone will have 
minimal impact on vessel transits because the waterway will only be 
closed for five to seven hours.

Discussion of Rule

    The Coast Guard is establishing a safety zone on the specified 
waters of the Cape Fear River. The regulated area will consist of the 
complete closure of the Cape Fear River to vessel traffic movement 
beginning at the International Regulations for Prevention of Collisions 
at Sea, 1972 (COLREGS, 72) Demarcation Line drawn from Oak Island Light 
House to Bald Head Island Abandon Light House noted on NOAA chart 11537 
and proceeding north up the Cape Fear River bank to bank to the Cape 
Fear Memorial Bridge. The safety zone will be in effect from 1 a.m. on 
February 1, 2007 to 11 p.m. on February 15, 2007. The zone will be 
enforced for approximately five (5) to seven (7) hours on a day between 
February 1 and February 15 when the transit of the vessel carrying four 
large industrial cranes occurs. After February 15, 2007 the zone will 
no longer be in effect. Except for participants and vessels authorized 
by the Coast Guard Patrol Commander, no person or vessel may enter or 
remain in the regulated area.

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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. Although this regulation restricts access to the 
regulated area, the effect of this rule will not be significant 
because: (i) The COTP may authorize access to the safety zone; (ii) the 
safety zone will be in effect for a limited duration; and (iii) the 
Coast Guard will make notifications via maritime advisories so mariners 
can adjust their plans accordingly.

[[Page 78362]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 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 and operators of vessels intending to 
transit or anchor in that portion of the Cape Fear River between the 
dates of February 1, 2007 and February 15, 2007. The safety zone will 
not have a significant impact on a substantial number of small 
entities, because the zone will only be in place for approximately five 
(5) to seven (7) hours and maritime advisories will be issued, so the 
mariners can adjust their plans accordingly.

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 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 LT Tim Grant, Chief of Response, 
Coast Guard Marine Safety Unit Wilmington, North Carolina at (910) 772-
2191. 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 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 U.S. 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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 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. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 will 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'' will be 
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, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 subpart C as follows:

[[Page 78363]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. 191, 195; 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.; Department of Homeland 
Security Delegation No. 0170; 46 U.S.C. Chapter 701; Pub. L. 107-
295, 116 Stat. 2064.


0
2. Add Temporary Sec.  165.T05-123, to read as follows:


Sec.  165.T05-123  Safety Zone: Cape Fear River, Wilmington, North 
Carolina.

    (a) Location: The following area is a safety zone: All waters of 
the Cape Fear River from COLREGS Demarcation Line drawn from Oak Island 
Light House to Bald Head Island Abandon Light House noted on NOAA chart 
11537 and proceeding north up the Cape Fear River bank to bank to the 
Cape Fear Memorial Bridge, in the Captain of the Port Cape Fear River, 
Wilmington North Carolina zone as defined in 33 CFR Sec.  3.25-20.
    (b) Definition: As used in this section; Captain of the Port: means 
any U.S. Coast Guard commissioned, warrant or petty officer who has 
been authorized by the Captain of the Port, Cape Fear River, 
Wilmington, North Carolina to act on his behalf.
    (c) Regulation: (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Cape Fear River, Wilmington, 
North Carolina, or designated representative.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Cape Fear River Wilmington, North 
Carolina can be contacted at telephone number (910) 772-2191/94 or 
(910) 512-5830/31.
    (4) Coast Guard vessels enforcing the safety zone can be contacted 
on VHF-FM marine band radio, channel 13 (156.65 MHz) and channel 16 
(156.8 MHz).
    (d) Enforcement period: The zone will be enforced for approximately 
five (5) to seven (7) hours on a day between February 1 and February 15 
when the transit of the vessel carrying four large industrial cranes 
occurs. If the transit occurs as planned on a day during this period, 
then the zone will not be enforced on subsequent days during the 
duration of the effective period.
    (e) Effective Date: This regulation is effective from 1 a.m. on 
February 1, 2007 until 11 p.m. on February 15, 2007.

    Dated: December 18, 2006.
Byron L. Black,
Commander, U.S. Coast Guard, Captain of the Port, Cape Fear River, 
Wilmington, North Carolina.
 [FR Doc. E6-22440 Filed 12-28-06; 8:45 am]
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