[Federal Register: March 18, 2004 (Volume 69, Number 53)]
[Proposed Rules]
[Page 12812-12814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr04-19]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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