[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45046-45047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21553]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD 07-95-054]
RIN 2115-AE84
Regulated Navigation Area: Atlantic Ocean, Charleston, SC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area in
the territorial waters of the United States offshore from Charleston,
South Carolina. The area is needed to protect federal interests in the
sunken submarine CSS HUNLEY, from any unauthorized activity that may
disturb the site.
EFFECTIVE DATE: This regulation becomes effective at noon on August
11, 1995.
FOR FURTHER INFORMATION CONTACT:
LCDR Michael Millar, Chief of Maritime Safety, U.S. Coast Guard Marine
Safety Office, Charleston, SC 29401, (803) 724-7683.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The remains of the CSS HUNLEY, a submarine sunk off the coast of
Charleston, South Carolina in 1864, have been located near the site of
the sunken vessel USS HOUSATONIC, the vessel sunk by the CSS HUNLEY
during the Civil War. In order to prevent damage to the submarine,
looting or unauthorized salvage, a regulated navigation area is needed
to protect the vessel, considered property of the United States
government, from being disturbed.
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
it effective in less than 30 days after Federal Register publication.
Publication of a notice of proposed rulemaking and delay of effective
date would be contrary to the public interest because immediate action
is necessary to protect the submarine from damage and looting due to
unauthorized activity.
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 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
proposal 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.).
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2 of Commandant Instruction
M16475.1B,
[[Page 45047]]
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, Vessels, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 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 Sec. 165.714 is added to read as follows:
Sec. 165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC
(a) Location. The following area is a Regulated Navigation Area: A
trapezoid at the water surface, and the entire water column from
surface to seabed inclusive of the vessel, bounded by the following
four coordinates:
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Latitude Longitude
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Western boundary............ 32 deg.42'56'' N 79 deg.47'34'' W
Southern boundary........... 32 deg.42'32'' N 79 deg.46'42'' W
Eastern boundary............ 32 deg.43'26'' N 79 deg.45'27'' W
Northern boundary........... 32 deg.43'56'' N 79 deg.46'08'' W
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(NAD 83)
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, all vessels and persons are prohibited from
anchoring, diving, laying cable or conducting salvage operations in
this zone except as authorized by the Captain of the Port.
Dated: August 11, 1995.
R. T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 95-21553 Filed 8-29-95; 8:45 am]
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