[Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
[Rules and Regulations]
[Pages 50436-50437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24743]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Charleston 96-052]
RIN 2115-AA97


Safety Zone Regulations; Back River and Foster Creek; Charleston, 
SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the U.S. Border Patrol Training Academy Small Arms Range at the 
Charleston Naval Weapons Station. The safety zone will become effective 
at 6 a.m. Eastern Daylight Time (EDT) on September 1, 1996 and will 
terminate at 12 a.m. Eastern Standard Time (EST) on December 1, 1996. 
This safety zone is needed to protect vessels and personnel from safety 
hazards associated with small arms fire.

EFFECTIVE DATES: The regulation is effective at 6 a.m. EDT on September 
1, 1996 and will terminate at 12 a.m. EST on December 1, 1996.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Jeffrey T. Carter, Coast Guard Marine Safety Office 
Charleston, at (803) 720-7701, between the hours of 7:30 a.m. and 4 
p.m. EDT, Monday through Friday, except federal holidays.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 533, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days from the date 
of publication. Following normal rulemaking procedures would have been 
impractical. The information to commence firing at the small arms range 
was not received with sufficient time to publish proposed rules prior 
to the event or to provide for a delayed effective date.

Discussion of Regulations

    The temporary safety zone is being established for the U.S. Border 
Patrol

[[Page 50437]]

Training Academy Small Arms Range at the Charleston Naval Weapons 
Station. This safety zone will become effective at 6 a.m. EDT on 
September 1, 1996 and will terminate at 12 a.m. EST on December 1, 
1996. The safety zone is needed to protect persons, vehicles and 
vessels from safety hazards associated with small arms fire.
    The safety zone will consist of those portions of unnamed 
tributaries of the Back River and Foster Creek that are generally 
described as lying south of the main shoreline and extending southward 
to the northern shoreline of Big Island (U.S. Naval Reservation). 
Specifically, the area beginning at a point on the main shoreline, 
which is the northern shore of an unnamed tributary of Back River at 
position 32 deg.59'19''N, 79 deg.56'52''W, southwesterly to a point on 
or near the northern shoreline of Big Island at position 
32 deg.59'11''N, 79 deg.56'59''W; thence northwesterly to a point on 
the main shoreline, which is the northern shore of an unnamed tributary 
of Foster Creek, at position 32 deg.59'16''N, 79 deg.57'11''W; thence 
easterly along the main shoreline, which is the northern shore of the 
unnamed tributaries of Foster Creek and Back River, back to the point 
of beginning at position 32 deg.59'19''N, 79 deg.56'52''W. All 
coordinates referenced use datum: NAD 1983. The Captain of the Port has 
restricted vessel operations in this safety zone. No persons, vehicles 
or vessels will be allowed to enter or operate within this zone, except 
as may be authorized by the Captain of the Port, Charleston, South 
Carolina. This regulation is issued pursuant to 33 U.S.C. 1231, as set 
out in the authority citation of Part 165.

Regulatory Evaluation

    The regulation 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 been exempted from review 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. 
Maritime traffic will not be significantly impacted because of the 
small number of vessels expected to need the safety zone, and the 
limited area affected by the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) Small businesses and not-for-profit 
organizations that are independency owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Small entities will not be affected 
significantly because of the limited duration of the zone and the 
limited area affected by the zone. Therefore, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et eq.).

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.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under paragraph 2.B.2. of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation. Pursuant to COMDTINST M16475.1B, paragraph 2.B.2. 
section 34(g), an environmental determination has been made that this 
rule will not significantly affect the environment. A ``Categorical 
Exclusion Determination'' and ``Categorical Exclusion Checklist'' are 
available in the docket for inspection or copying.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, Waterways.

Regulations

    In consideration of the foregoing, the Coast Guard amends Subpart C 
of Part 165 of Title 33, Code of Federal Regulations, 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.T07-052 is added to read as follows:


Sec. 165.T07-052  Safety Zone; Back River and Foster Creek, Charleston, 
SC.

    (a) Regulated area. Naval Weapons Station/U.S. Border Patrol 
Training Academy Small Arms Range. The following area is a safety zone: 
those portions of unnamed tributaries of the Back River and Foster 
Creek lying south of the main shoreline and extending southward to the 
northern shoreline of Big Island (U.S. Naval Reservation) beginning at 
a point on the main shoreline at 32 deg.59'19''N, 79 deg.56'52''W, then 
to 32 deg.59'11''N, 79 deg.56'59''W; then to 32 deg.56'16''N, 
79 deg.57'11''W; then back to the point of beginning. All coordinates 
referenced use datum: NAD 1983.
    (b) Effective dates. This regulation is effective at 6 a.m. (EDT) 
on September 1, 1996 and will terminate at 12 a.m. (EST) on December 1, 
1996.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into the zone is subject to the 
following requirements:
    (1) This safety zone is closed to all persons, vehicles and 
vessels, except as any be permitted by the Captain of the Port, 
Charleston, SC.
    (2) Persons desiring to enter or operate vehicles or vessels within 
the safety zone shall contact the Captain of the Port to obtain 
permission to do so. Persons given permission to enter or operate in 
the safety zone shall comply with all directions given them by the 
Captain of the Port.
    (3) The Captain of the Port may be contacted via the Coast Guard 
Group Charleston operations center at (803) 724-7619 or VHF-FM channel 
16.

    Dated: August 30, 1996.
M.J. Pontiff,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 96-24743 Filed 9-25-96; 8:45 am]
BILLING CODE 4910-14-M