[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Rules and Regulations]
[Page 78361-78363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de06-6]
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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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