95-26522. Safety Zone: Atlantic Intracoastal Waterway, MCB Camp Lejeune, NC  

  • [Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
    [Rules and Regulations]
    [Pages 54806-54807]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-26522]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    33 CFR Part 165
    
    [CGD 05-95-068]
    RIN 2115-AA97
    
    
    Safety Zone: Atlantic Intracoastal Waterway, MCB Camp Lejeune, NC
    
    agency: Coast Guard, DOT.
    
    action: Temporary rule.
    
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    summary: The Coast Guard Captain of the Port, Wilmington, has 
    established a safety zone in the Atlantic Intracoastal Waterway (AICW) 
    along Marine Corps Base Camp Lejeune (MCB), North Carolina. The safety 
    zone encompasses the waters of the Atlantic Intracoastal Waterway 
    between lighted dayboards 64 and 65. The safety zone is needed to 
    protect people, vessels, and property from safety hazards associated 
    with the launching of inert line charges in support of amphibious 
    assault training. Entry of vessels or persons into this zone is 
    prohibited unless specifically authorized by the Captain of the Port.
    
    effective date: This regulation is effective from 8 a.m. on October 28, 
    through 6 p.m. October 31, 1995 local time, unless sooner terminated by 
    the Captain of the Port Wilmington.
    
    for further information contact: Ltjg K.J. Delooff, USCG, Project 
    Officer, c/o Commanding Officer, U.S. Coast Guard Marine Safety Office, 
    272 North Front Street, Wilmington, North Carolina 28401-3907. Phone: 
    (910) 343-4895, Extension 108.
    
    SUPPLEMENARY INFORMATION:
    
    Drafting Information
    
        The drafters of this regulation are Ltjg K.J. Delooff, project 
    officer for the Captain of the Port, October Wilmington, North 
    Carolina, and Lt K.A. Duignan, project attorney, Fifth Coast Guard 
    District Legal Office.
    
    Discussion of Regulation
    
        The Coast Guard has been requested by MCB Camp Lejeune to establish 
    a safety zone to prevent damage or injury which could result from a 
    training exercise. The exercise involves a training assault on a 
    simulated mined beach. The assault involves firing an inert line charge 
    which clears the simulated minefield. The line charge is propelled by a 
    5 foot solid fuel rocket which trails the inert explosives. The rocket 
    is typically prevented from flying its full flight by a cable attached 
    to the firing point. If this cable breaks, the rocket motor and 
    possibly the line charge could impact in the Atlantic Intracoastal 
    Waterway. The safety zone will prevent vessels from transiting during 
    the firing of the line charge and prevent possible property damage, 
    injury, or death.
        The safety zone will be effective from 8 a.m. on October 28, 1995 
    and will cease at 6 p.m. on October 31, 1995 unless terminated sooner 
    by the Captain of the Port Wilmington. The actual times the waterway 
    will be closed will be approximately 30-90 minute periods one to three 
    times per day. When actual firing is not scheduled to take place, the 
    waterway will be open for traffic. Mariners will be notified via VHF 
    channel 16 when the waterway is about to be closed for firing. Vessels 
    from either the U.S. Coast Guard or U.S. Navy will be patrolling each 
    end of the safety zone to inform and control vessel traffic.
        The safety zone can be described as follows:
        The waters of the Atlantic Intracoastal Waterway from lighted 
    dayboard number 64 at approximately 34 deg. 33' 59.7'' North, 077 deg. 
    16' 50.5'' West to lighted dayboard 65 at approximately 34 deg. 33' 
    .03'' North, 077 deg. 18' 30'' West.
        In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
    was not published for this regulation and good cause exists for making 
    this regulation effective in less than 30 days after Federal Register 
    publication. Publishing a NPRM and delaying the effective date would be 
    contrary to the public interest since immediate action is needed to 
    protect mariners from potential hazards associated with potential 
    flight of an inert rocket propelled line charge over navigable waters. 
    The final schedule for this event and other related activities was not 
    communicated to the Coast Guard in sufficient time to allow for a 
    period for comments.
    
    Assessment
    
        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 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 rule to be so 
    minimal that a full Regulatory Evaluation under paragraph 10e of the 
    regulatory policies and procedures of DOT is unnecessary.
    
    Collection of Information
    
        This rule contains no information collection requirements under the 
    Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    Federalism
    
        The Coast Guard has analyzed this rule 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 rule 
    and conclude that, under paragraph 2.B.2.e(34) of Commandant 
    Instruction M16475.1B (amended by 59 FR 38654), 
    
    [[Page 54807]]
    this rule is categorically excluded from further environmental 
    documentation.
    
    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 is 
    amending 33 CFR part 165 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 temporary Sec. 165.T5068 is added to read as follows:
    
    
    Sec. 165.T5068  Safety Zone: Atlantic Intracoastal Waterway, Marine 
    Corps Base Camp Lejeune, North Carolina.
    
        (a) Location. The following area is a safety zone:
        (1) The waters of the Atlantic Intracoastal Waterway from lighted 
    dayboard number 64 at approximately 34 deg. 33' 59.7'' North, 077 deg. 
    16' 50.5'' West to lighted dayboard 65 at approximately 34 deg. 33' 
    .03'' North, 077 deg. 18' 30'' West (Datum: NAD 83).
        (b) Definitions. The following definition applies to this section: 
    The designated representative of the Captain of the Port means: Any 
    Coast Guard commissioned, warrant, or petty officer who has been 
    authorized by the Captain of the Port, Wilmington, North Carolina to 
    act on his behalf.
        (c) 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.
        (d) The designated representative on each vessel enforcing the 
    safety zone can be contacted on VHF-FM channel 16.
        (e) Regulation. The limitations on entry and use of the water area 
    of the safety zone created by this regulation as described in the 
    general regulations contained in 33 CFR 165.23, will only be in effect 
    during the time periods announced on VHF channel 16.
        (f) During the announced time periods, entry into this safety zone 
    is prohibited except as authorized by the Captain of the Port.
        (g) Effective Dates. This section is effective from 8 a.m. on 
    October 28 through 6 p.m. October 31, 1995 local time, the zone will be 
    activated intermittently up to three times daily (approximately 30-90 
    minutes each period in duration) by announcement on VHF channel 16.
    
        Dated: September 19, 1995.
    T.L. Rice,
    Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
    [FR Doc. 95-26522 Filed 10-25-95; 8:45 am]
    BILLING CODE 4910-14-M
    
    

Document Information

Effective Date:
10/31/1995
Published:
10/26/1995
Department:
Transportation Department
Entry Type:
Rule
Action:
Temporary rule.
Document Number:
95-26522
Dates:
This regulation is effective from 8 a.m. on October 28, through 6 p.m. October 31, 1995 local time, unless sooner terminated by the Captain of the Port Wilmington.
Pages:
54806-54807 (2 pages)
Docket Numbers:
CGD 05-95-068
RINs:
2115-AA97: Safety/Security Zone Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AA97/safety-security-zone-regulations
PDF File:
95-26522.pdf
CFR: (1)
33 CFR 165.T5068