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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-98-038]

RIN 2115-AA97

Safety Zone: Atlantic Intracoastal Waterway, Vicinity of Marine

Corps Base Camp Lejeune, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone in the

Atlantic Intracoastal Waterway (AICW) adjacent to Marine Corps Base

(MCB) Camp Lejeune, North Carolina which encompasses the navigable

waters of the AICW and connecting waters between Cedar Point and Bear

Creek. THe safety zone will improve vessel safety and permit maximum

safe nonmilitary use of the AICW during times of military training

involving the firing of live ammunition.

DATES: Comments must be received on or before September 14, 1998.

ADDRESSES: Comments may be mailed to Commanding Officer, U.S. Coast

Guard Marine Safety Office Wilmington, 272 North Front Street, Suite

500, Wilmington, NC 28401-3907 or may be delivered to Suite 500 at the

same address between 8 a.m. and 4 p.m., Monday through Friday, except

federal holidays. The telephone number is (910) 815-4895. Comments will

become part of the docket for this rulemaking and will be available for

inspection or copying in Suite 500, Marine Safety Office Wilmington.

FOR FURTHER INFORMATION CONTACT:

LT D.C. Brown, USCG, Project Officer, c/o Commanding Officer, U.S.

Coast Guard Marine Safety Office Wilmington, 272 North Front Street,

Wilmington, North Carolina 28401-3907, phone: 1-(800) 325-4956 or (910)

815-4895 ext. 108.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses

and identify this rulemaking (CGD 05-98-038). Commenters should also

identify the specific section of this proposal to which each comment

applies, and give the reason for each comment. The Coast Guard requests

that all comments and attachments be submitted in an unbound format

suitable for copying and electronic filing. If not practical, a second

copy of any bound material is requested. Persons wanting acknowledgment

of receipt of comments should enclose a stamped self addressed postcard

or envelope.

The Coast Guard will consider all comments received during the

comment period, and may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a public

hearing by writing to Marine Safety Office Wilmington at the location

under ADDRESSES. The request should include reasons why a hearing would

be beneficial. If the Coast Guard determines that the opportunity for

oral presentation will aid this rulemaking, a public hearing will be

held at a time and place announced in a Federal Register notice.

Background and Purpose

Military personnel fire live ammunition on training ranges at

Marine Corps Base (MCB) Camp Lejeune. During these live firing

exercises, projectiles sometimes travel across the Atlantic

Intracoastal Waterway (AICW) and into the Atlantic Ocean. Firing live

ammunition across the AICW creates a hazardous condition to vessels

that may be near the impact area of the projectiles. Army Corps of

Engineers (ACOE) regulations in 33 CFR 334.440 designate certain

coastal and connecting waters in the vicinity of Camp Lejeune as either

danger zones or restricted areas.

The ACOE regulations at 33 CFR 334.440(e)(2)(ii) prohibit vessels

from entering the waters between the south bank of Bear Creek and the

north bank of the north connecting channel between the AICW and Browns

Inlet at all times. 33 CFR 334.440(e)(2)(iii) prohibits vessels from

passing through the north connecting channel and the south connecting

channel in the area between the AICW and Browns Inlet to the Atlantic

Ocean during times of military use, including live firing and bombing.

These ACOE regulations do not preclude vessels from transiting the

AICW. The ACOE regulation at 33 CFR 334.440(e)(2)(i) permits vessels to

proceed through the area of the AICW between Bear Creek and the Onslow

Beach Bridge without stopping except in cases of extreme emergencies.

Notwithstanding the ACOE regulations in 33 CFR 334.440(e)(2)(i),

however, the Coast Guard may, in the interest of public safety,

restrict vessel movement through the AICW by establishing a safety

zone. The Coast Guard's current method of controlling vessel traffic

through the AICW during live firing exercises is by establishing

temporary safety zones that restrict access to portions of the AICW

during live firing exercises. This proposed rule would establish a

permanent safety zone that will enhance safety for mariners and still

accommodate necessary military training. The permanent regulation will

also more adequately notify mariners about the existence and location

of the safety zone, which has been established in the past by frequent

temporary rules of short duration.

The Marine Corps' firing range training schedule is not extensive.

Generally, mariners will not experience extended periods (over 12

consecutive hours) of activity on the ranges. Firing ranges are used an

average of two days every month. Encountering more than two consecutive

days of range activity would be unusual. Generally, MCB Camp Lejeune

provides the Coast Guard 2 or 3 weeks notice of its intent to conduct

firing exercises.

This proposal was developed by the Coast Guard based on discussions

with the Marine Corps, local towboat operators, fishermen, and

recreational boaters. Based on those discussions, the Coast Guard

believes this proposal is the best method of enhancing public safety,

allowing maximum access through the AICW, and facilitating military

training aboard the Marine Corps Base.

Discussion of Proposed Rule

The proposed safety zone would include a 9 nautical mile section of

the AICW. Specifically, the proposed safety zone would include the

waters of the AICW and connecting waters, from

[[Page 32782]]

Bogue Sound--New River Light 58 (LLNR 39210) at approximate position

34 deg.37'57'' North, 077 deg.12'18'' West, and continuing in the AICW

southwest to Bogue Sound--New River Daybeacon 70 (LLNR 39290) at

approximate position 34 deg.33' 07'' North, 077 deg.20' 30'' West.

Red warning flags or red warning lights will be displayed on towers

located at both ends of the safety zone (Bear Creek and Cedar Point)

whenever firing exercises are in progress. The flags or lights will be

displayed by 8 a.m. on the day of the firing exercise, and will be

removed at the end of the firing exercise. Vessels from the U.S. Navy

will sweep the entire safety zone and give an ``all clear'' to Marine

Corps range control prior to commencing fire. Navy safety vessels will

also sweep the area used for firing and will report to range control

prior to resuming fire on any even hour period. The Coast Guard or U.S.

Navy will patrol each end of the safety zone area to inform mariners of

a particular firing exercise.

Although the safety zone covers an area of nine nautical miles,

actual firing exercises normally take place within a 2 nautical mile

area which does not change during a particular live firing exercise.

The location of the 2 nautical mile area within the 9 mile safety zone

may vary from exercise to exercise, however. While the safety zone is

activated during the live fire exercises, permission may be granted to

transit in non-firing areas of the safety zone. Consequently, even

though the proposed safety zone would extend for 9 nautical miles, the

Coast Guard would publish in the Local Notice to Mariners and announce

in a Broadcast Notice to Mariners, the location within the safety zone

of the two nautical mile area that the live firing exercise will occupy

which would be subject to transit restrictions, and which portions of

the safety zone not affected by the live firing exercise that the COTP

has given advance permission to transit.

Also, during a live firing exercise, the Marines only fire ordnance

during alternating hours. Thus, there would be alternating one hour

periods of closure and opening of this 2 nautical mile area for vessel

transits. For example, during a 12-hour firing exercise, there would be

alternate one hour periods of closure and opening for vessel transits

(i.e., 1 hour of closure, one hour of opening, and so on). All vessels

would be prohibited from entering the two nautical mile firing area

during one-hour periods beginning at the start of even-numbered hours,

local time. During odd-numbered hours, local time, vessels would be

permitted to pass through the firing area as long as the vessel would

be able to exit the firing area before the beginning of the next even-

numbered hour. For example, if the firing area in the AICW were closed

between 8 a.m. and 9 a.m., then from 9 a.m. to 10 a.m. vessel traffic

may transit, and shall completely clear the area. At 10 a.m. the firing

area in the AICW would again be closed to vessel traffic for the next

hour, and so on.

The specific times that the safety zone will be activated would be

announced in a Broadcast Notice to Mariners, and published in a Notice

to Mariners when practical. Because the live-firing schedule is not

extensive, and because general permission may be granted to transit all

but 2 nautical miles of the safety zone when activated, the Coast Guard

expects the impact of this proposed rule on commercial and recreational

traffic to be minimal.

To summarize, the Coast Guard is proposing to establish a 9

nautical mile safety zone in the AICW. The Coast Guard may grant

general permission to transit the non-hazardous parts of the safety

zone while it is in effect. Additionally, vessels would be permitted to

transit the live-firing area of the safety zone during specified hours.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has not been reviewed by the Office of Management and

Budget 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). The Coast Guard expects the economic

impact of this proposed rule to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the regulatory policies and

procedures of DOT is unnecessary. The Coast Guard does not expect

extensive activation of this proposed safety zone. Furthermore, general

permission to enter the non-hazardous parts of the safety zone may be

granted, and the rest of the safety zone would be open to traffic

during specified hours. Therefore, the Coast Guard expects the impact

on routine navigation to be minimal.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under section 3 of the

Small Business Act (15 U.S.C. 623). Because it expects the impact of

this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.

605(b) that this proposal, if adopted, will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This proposal contains no information collection requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under figure 2-1, paragraph (34)(g) of

COMDTINST M16475.1C, this proposed rule is categorically excluded from

further environmental documentation. This proposed rule establishes a

permanent safety zone in the area of live weapons firing exercises at

Marine Corps Base Camp Lejeune. It does not allow any new or additional

activity in the safety zone, but merely establishes regulations to

provide for the safety of mariners transiting the area of the firing

exercises. A Categorical Exclusion Determination statement has been

prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 33 CFR part 165 as follows:

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, and 160.5; 49 CFR 1.46.

2. A new Sec. 165.514 is added to read as follows:

Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and

connecting waters, vicinity of Marine Corps Base Camp Lejeune, North

Carolina.

(a) Location. The following area is a safety zone: All waters of

the Atlantic

[[Page 32783]]

Intracoastal Waterway (AICW) and connecting waters, from Bogue Sound--

New River Light 58 (LLNR 39210) at approximate position 34 deg.37'57''

North, 077 deg.12'18'' West, and continuing in the AICW southwest to

Bogue Sound--New River Daybeacon 70 (LLNR 39290) at approximate

position 34 deg.33'07'' North, 077 deg.20'30'' West. All coordinates

reference Datum: NAD 1983.

(b) Notwithstanding the provisions of 33 CFR 334.440(e)(2)(i), no

vessel may enter the safety zone described in paragraph (a) of this

section while weapons firing exercises are in progress, except as

provided in paragraph (c) of this section or unless permitted by the

Captain of the Port (COTP) Wilmington.

(1) Red warning flags or red warning lights will be displayed on

towers located at both ends of the safety zone (Bear Creek and Cedar

Point) while firing exercises are in progress. The flags or lights will

be displayed by 8 a.m. on days where firing exercises are scheduled,

and will be removed at the end of the firing exercise.

(2) A Coast Guard of U.S. Navy vessel will patrol each end of the

safety zone to ensure the public is aware that firing exercises are in

progress and that the firing area is clear of vessel traffic before

weapons are fired.

(c)(1) The COTP Wilmington will announce the specific times and

locations of firing exercises by Broadcast Notice to Mariners and Local

Notice to Mariners. Normally, weapons firing for each firing exercise

is limited to a two nautical mile portion of the safety zone. The COTP

may issue general permission to transit all or specified parts of the

safety zone outside of the actual firing area or if firing is

temporarily stopped. This general permission will be announced in a

Local Notice to Mariners and Broadcast Notice to Mariners.

(2) Weapons firing will be suspended and vessels permitted to

transit the specified two nautical mile firing area for a one-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 at the beginning of

the next even-numbered hour.

(d) 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-(800) 325-4956 or (910) 815-4895.

Dated: June 1, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.

[FR Doc. 98-15896 Filed 6-15-98; 8:45 am]

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