[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23015]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 05-94-077]
RIN 2115-AE84
Regulated Navigation Area; Atlantic Intracoastal Waterway, NC
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Regulated
Navigation Area (RNA) in the Atlantic Intracoastal Waterway by the
Onslow Swing Bridge. The purpose of the RNA is to ensure the safety of
workers who are replacing a fendering system along the Onslow Swing
Bridge and to control maritime traffic which may be delayed because of
the fendering project. The RNA establishes a no-wake speed near the
bridge and permits the work barge to block the channel while work is in
progress. All work is expected to take place during daylight hours and
the RNA is effective only while the barge or workers are present.
EFFECTIVE DATE: This regulation is effective from September 6, 1994 to
September 30, 1994.
FOR FURTHER INFORMATION CONTACT:
LT John Arenstam, Planning and Waterways Management Section, Fifth
Coast Guard District, 431 Crawford Street, Portsmouth, VA 23705-5004,
Phone: (804) 398-6559.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are LT John Arenstam, project
officer for the Commander, Fifth Coast Guard District, Portsmouth, VA,
and LCDR Christopher Abel, project attorney, Fifth Coast Guard District
Legal Office.
Background and Purpose
This Regulated Navigation Area was requested by the U.S. Navy to
repair the Onslow Swing Bridge on Camp Lejeune, North Carolina, to
ensure the safety of the workers making the repairs and regulating the
traffic transiting through the worksite. Since new pilings and
fendering materials must be driven into the bottom of the Atlantic
Intracoastal Waterway, the barge with the driving machinery may impede
traffic while work actually is taking place. Additionally, workers on
the barge may be dangerously impeded or thrown off if the barge is
affected by wakes.
The RNA is expected to be activated only during daylight hours
while work actually is taking place. When the barge or workers are not
present, the RNA will not be in effect. Mariners will be able to
contact the bridge tender on VHF-FM channel 13 for up-to-date
information regarding passage through the worksite. Vessel traffic will
not be delayed for a period of more than 90 minutes.
The RNA regulates the speed of vessels approaching the work area
and their passage through the work area.
Good cause exists for making this rule effective without a Notice
of Proposed Rulemaking and within 30 days of publication in the Federal
Register. The request from the U.S. Navy was received within 30 days of
the RNA's effective date. To delay the project until comments could be
received would result in a considerable increase in seasonal maritime
traffic passing underneath the bridge during the repair work. A delay
would also significantly increase the cost of the project to the
American taxpayers.
Regulatory Evaluation
This 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 been exempted from review 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Because it expects the impact of this rule to be so minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant impact on a substantial number of small entities.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
rule consistent with section 2.B.2.c of Commandant Instruction
M16475.1B (National Environmental Protection Act), and actions to
protect the public safety have been determined to be categorically
excluded from further environmental documentation.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule will not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, Subpart F of Part 165 of Title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
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.T05-074 is added, to read as follows:
Sec. 165.T05-074 Regulated Navigation Area: Atlantic Intracoastal
Waterway, NC
(a) Location. The following area is the Regulated Navigation Area:
The waters of the Atlantic Intracoastal Waterway along Camp Lejeune,
NC, within 500 yards of the Onslow Swing Bridge located at
approximately N 34 deg.34.5', W 077 deg.16.5'.
(b) General information. (1) The Captain of the Port and the Duty
Officer at the Marine Safety Office, Wilmington, North Carolina, can be
contacted at telephone number (910) 343-4895.
(2) The Coast Guard Group Fort Macon will notify the maritime
community of periods during which this Regulated Navigation Area will
be activated via a marine broadcast Notice to Mariners.
(c) Regulation. (1) The master of any vessel within the Regulated
Navigation Area shall operate at a no-wake speed.
(2) The master of any vessel within the Regulated Navigation Area
shall not attempt to pass through the worksite or under the bridge
while the work barge is in the channel.
(3) If there is any question regarding the operational status of
the work barge, the master of any vessel may request permission to
transmit the Regulated Navigation Area by contacting the master of the
vessel controlling the movement of the work barge. The master of the
vessel controlling the movement of the work barge will monitor VHF-FM
channel 13.
(4) The master of the vessel controlling the movement of the work
barge will ensure that the area is not closed to marine traffic for a
period of more than 90 minutes.
(5) The general regulations governing Regulated Navigation Areas
contained in Sec. 165.13 apply.
Dated: September 2, 1994.
John E. Schwartz,
Captain, U.S. Coast Guard, Fifth District Commander, Acting,
Portsmouth, VA.
[FR Doc. 94-23015 Filed 9-15-94; 8:45 am]
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