[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]



-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                    Latitude              Longitude     
------------------------------------------------------------------------
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    
------------------------------------------------------------------------

    (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]
BILLING CODE 4910-14-M