[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Pages 8220-8221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4918]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 05-96-007]
RIN 2115-AA97


Safety Zone: Atlantic Intracoastal Waterway, Vicinity of Marine 
Corps Base 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 (Marine Corps Base), North 
Carolina. The safety zone encompasses the waters of the Atlantic 
Intracoastal Waterway between lighted dayboards 64 and 65A. The safety 
zone is needed to protect people, vessels, and property from safety 
hazards associated with the launching of insert 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 rule is effective from 8 a.m. March 8 to 6 a.m. 
March 14 1996 unless sooner terminated by the Captain of the Port.

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.
SUPPLEMENTARY INFORMATION: 
Discussion of Regulation
    Marine Corps Base Camp Lejeune will conduct training assaults on a 
simulated mined beach. Up to three exercises will be held each day and 
each exercise will last 30-45 minutes. Each assault involves firing an 
inert line charge which clears the simulated minefield. The inert 
charge is propelled by a 5 foot solid fuel rocket from which the inert 
explosives trail. 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 inert line charge could 
impact in the Atlantic Intracoastal Waterway. The Coast Guard is 
establishing a safety zone to prevent damage or injury which could 
result from this training exercise and will prevent vessels from 
transiting during the firing of the line charge.
    The safety zone will be effective from 8 a.m. on March 8, 1996 to 6 
a.m. on March 14, 1996 unless terminated sooner by the Captain of the 
Port Wilmington (COTP). The actual times the waterway will be closed 
will be approximately 30-45 minute periods one to three times per day. 
Before firing the inert line charge, the COTP will announce via VHF 
channel 16 that this section will be enforced and the waterway will be 
closed to traffic. Vessels from either the U.S. Coast Guard or U.S. 
Navy will patrol each end of the safety zone to inform and control 
vessel traffic.
    The safety zone includes:
    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 65A at approximately 
34 deg.32' 40.0'' North, 077 deg.19' 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 rocket propelled inert line charge over navigable waters. 
The final schedule for this event and other related activities was not 
finalized and 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 rule 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 concluded that, under paragraph 2.B.2.e(34) of Commandant 
Instruction M16475.1B (amended by 59 FR 38654), 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 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; and 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.T05.007 is added to read as follows:
Sec. 165.T05.007  Safety Zone: Atlantic Intracoastal Waterway, Marine 
Corps Base Camp Lejeune, North Carolina.

    (a) Location. The following area is a safety zone:
    
[[Page 8221]]

    (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 65A at approximately 
34 deg.32'40.0'' North, 077 deg.19' West.
    (b) This section is effective from 8 a.m., March 8, 1996 to 6 a.m., 
March 14, 1996, unless terminated earlier by the Captain of the Port 
(COTP), Wilmington, NC.
    (c) No person or vessel may enter the safety zone without the 
permission of the COTP or his designated representative.
    (d) The COTP or his designated representative will announce times 
during which this section will be enforced.
    (e) The COTP or his designated representative may be contacted at 
the Marine Safety Office, Wilmington, NC by telephone at (910) 343-4895 
or by radio on VHF-FM channel 16.

    Dated: February 12, 1996.
T.L. Rice,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 96-4918 Filed 3-1-96; 8:45 am]
BILLING CODE 4910-14-M