[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Rules and Regulations]
[Pages 16715-16717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9434]



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[[Page 16716]]


DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 05-96-016]
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, is 
establishing 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 the Onslow Beach Swing Bridge and lighted dayboard 65A. The 
safety zone is needed to protect people, vessels, and property from 
safety hazards associated with the launching of inert line charges and 
the construction of a floating bridge 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 DATES: This rule is effective from 8 p.m. May 9, 1996 to 2 
a.m. May 10, 1996; and from 8 a.m. to 12 p.m. (noon) and from 1 p.m. to 
5 p.m. May 10, 1996 unless sooner terminated by the Captain of the 
Port. In the event of adverse weather, the effective dates may be 
shifted to the following day.

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

    MCB Camp Lejeune will conduct training assaults on a simulated 
mined beach and constructing a floating bridge for following vehicles. 
The assault begins by firing inert line charges which clears the 
simulated minefield. Each inert line 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 (AICW).
    The bridge construction exercise uses a floating bridge that joins 
several large floating platforms together and obstructs the AICW while 
the bridge is carrying military vehicles.
    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 and bridge 
deployment.
    The safety zone will be effective from 8 p.m. May 9 to 2 a.m. May 
10, 8 a.m. to 12 p.m. (noon) and 1 p.m to 5 p.m. May 10, 1996 unless 
sooner terminated by the Captain of the Port (COTP). In the event of 
adverse weather, the effective dates may be shifted to the following 
day. The waterway will actually be closed for a four hour period during 
the period between 8 p.m. May 9 and 2 a.m. May 10. However, the start 
time is subject to change. The COTP will announce via VHF channel 16 
the specific times 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 the Onslow 
Beach Swing Bridge at approximately 34 deg.34'24.5'' North, 
077 deg.16'17'' 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. 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 a 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; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new temporary section 165.T5016 is added to read as follows:


Sec. 165.T5016  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 the 
Onslow Beach Swing Bridge at approximately 34 deg.34'24.5'' North, 
077 deg.16'17'' West to lighted dayboard 65A at approximately 
34 deg.32'40.0'' North, 077 deg.19' West. (Datum: NAD83)
    (b) No person or vessel may enter the safety zone without the 
permission of the COTP or his designated representative.
    (c) The COTP or his designated representative will announce times 
during which this section will be enforced.
    (d) 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.


[[Page 16717]]


    Dated: March 25, 1996.
T.L. Rice,
Captain, U.S. Coast Guard, Captain of the Port, Wilmington, NC.
[FR Doc. 96-9434 Filed 4-16-96; 8:45 am]
BILLING CODE 4910-14-M