[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Pages 67948-67949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32835]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP CHARLESTON 96-072]
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 12:01 a.m. Eastern Standard Time (EST) on December 1, 1996 and will 
terminate at 12 a.m. EST on February 1, 1997. This safety zone is 
needed to protect vessels and personnel from safety hazards associated 
with small arms fire and is an extension of a previously published rule 
[COTP Charleston 96-052].

EFFECTIVE DATE: The regulation becomes effective at 12:01 a.m. EST on 
December 1, 1996 and will terminate at 12 a.m. EST on February 1, 1997 
unless terminated earlier by the Captain of the Port.

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 4:00 
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 concerning the need for an extension to 
the previously published rule was not received with sufficient time to 
publish proposed rules prior to the event or to provide for a delayed 
effective date.

Discussion of Regulation

    The temporary safety zone, previously published as [COTP] 
Charleston 96-052], being extended for an additional two months for the 
U.S. Border Patrol Training Academy Small Arms Range at Charleston 
Naval Weapons Station. The safety zone will become effective at 12:01 
a.m. Eastern Standard Time (EST) on December 1, 1996 and will terminate 
at 12 a.m. EST on February 1, 1997. This safety zone is needed to 
protect vessels and personnel 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 32-59.19N, 079-56.52W, southwesterly to a point on or near the 
northern shoreline of Big Island at position 32-59.11N, 079-56;.59W; 
thence northwesterly to a point on the main shoreline, which is the 
northern shore of an unnamed tributary of Foster Creek, at position 32-
59.16N, 079-57.11W; 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 beginning at position 32-59.19N, 079-56.52W. 
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

    This 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

[[Page 67949]]

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 this 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 whether this proposal will have a significant 
economic impact on a substantial number of small entities. For reasons 
set forth in the above Regulatory Evaluation, the Coast Guard certifies 
under 5 U.S.C. 605(b) for the reason stated above that this proposal, 
if adopted, would 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 seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed 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 (34)(g), an 
environmental determination has been made that this rule will not 
significantly affect the environment. A categorical exclusion 
determination is on file in the rulemaking docket and is available for 
inspection or copying at the address shown above in the paragraph 
entitled ``For Further Information Contact''.

List of Subject in 33 CFR Part 165

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

Regulation

    In consideration of the foregoing, subpart C of part 165 of title 
33, Code of Federal Regulations, the Coast Guard amends 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 section 165.T96-072 is added to read as follows:


Sec. 165.T96-072 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 position 32-59.19N, 079-56.52W; then 
to 32-59.11N, 079-56.59W; then to 32-59.16N, 079-57.11W; then back to 
the point of beginning. All coordinates referenced use datum: NAD 1983.
    (b) Effective dates. This regulation is effective at 12:01 a.m. 
Eastern Standard Time (EST) on December 1, 1996 and will terminate at 
12 a.m. EST on February 1, 1997 unless sooner terminated by the Captain 
of the Port, Charleston, SC.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of the 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 may be permitted by the Captain of the Port.
    (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: November 27, 1996.
M.J. Pontiff,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South 
Carolina.
[FR Doc. 96-32835 Filed 12-24-96; 8:45 am]
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