[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]
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