[Federal Register: January 6, 2005 (Volume 70, Number 4)]
[Rules and Regulations]
[Page 1187-1189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja05-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 04-145]
RIN 1625-AA87
Security Zones; Charleston Harbor, Cooper River, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary fixed security
zone in the waters from the Don Holt, I-526 Bridge, on the Cooper River
to the entrance of Foster Creek on the Cooper River. This security zone
is necessary to protect the public and port from potential subversive
acts during port
[[Page 1188]]
embarkation operations. Vessels are prohibited from entering,
transiting, anchoring, mooring, or loitering within this zone, unless
specifically authorized by the Captain of the Port, Charleston, South
Carolina, or the Captain of the Port's designated representative.
DATES: This rule is effective from 8 a.m. on December 16, 2004, through
8 a.m. on June 1, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket COTP Charleston 04-145 and are available
for inspection or copying at Marine Safety Office Charleston, between
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, Coast Guard
Marine Safety Office Charleston, at (843) 720-3272.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
contrary to public safety interests and national security. These
regulations are needed to protect the public, the ports and waterways
and the national security of the United States from potential
subversive acts against vessels, port facilities and infrastructure
during port embarkation operations. For the security concerns noted, it
is in the public interest to have these regulations in effect without
publishing an NPRM. Notifications will be made via marine information
broadcasts to inform the public about the existence of this security
zone.
For the same reasons, the Coast Guard finds that good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP
Charleston-04-145), indicate the specific section of this document to
which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this rule in view of
them.
Background and Purpose
Based on the September 11, 2001, terrorist attacks on the World
Trade Center and Pentagon, there is an increased risk that vessels or
persons in close proximity to the Port of Charleston, South Carolina,
may engage in subversive or terrorist acts against military
installations or operations occurring within the security zone. The
security zone is necessary to protect the safety of life and property
on navigable waters and prevent potential terrorist threats aimed at
military installations during strategic embarkation operations. The
temporary security zone will encompass all waters from the Don Holt I-
526 Bridge over the Cooper River to the entrance of Foster Creek on the
Cooper River.
Discussion of Rule
The Charleston Captain of the Port will enforce the security zone
on the Cooper River from time to time during the effective period in
the interest of national security. Vessels carrying cargo for the
Department of Defense need a level of security which requires the
Cooper River to be closed to all traffic for short periods of time.
River closures will be infrequent and for relatively short periods of
time. Mariners will be given as much advance notice as possible. Marine
Safety Office Charleston will notify the maritime community of periods
during which this security zone will be enforced via a broadcast notice
to mariners on VHF Marine Band Radio, Channel 16 (156.8 MHz), Marine
Safety Information Bulletins, or by having those security assets
enforcing the zone inform vessel traffic as necessary.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The limited geographic area impacted by the security zone will not
restrict the movement or routine operation of commercial or
recreational vessels through the Port of Charleston. Also, an
individual may request a waiver of these regulations from the Coast
Guard Captain of the Port or the Captain of the Port's designated
representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit a portion of the Cooper River while the security zone is in
effect.
This security zone will not have a significant economic impact on a
substantial number of small entities because it will only be enforced
for short periods of time on an infrequent basis. Advanced notice will
be provided to mariners in order to accommodate for any enforcement of
the security zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and
[[Page 1189]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this rule under that Order and
have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This rule fits within paragraph (34)(g)
because it is a security zone. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary section 165.T07-100 is added to read as follows:
Sec. 165.T07-145 Security Zone; Charleston Harbor, Cooper River,
South Carolina
(a) Regulated area. The Coast Guard is establishing a temporary
fixed security zone on all waters of the Cooper River, bank-to-bank,
from the Don Holt I-526 Bridge to the intersection of Foster Creek at a
line on 32 degrees 58 minutes North Latitude.
(b) Regulations. Vessels or persons are prohibited from entering,
transiting, mooring, anchoring, or loitering within the Regulated Area
unless authorized by the Captain of the Port Charleston, South Carolina
or his or her designated representative. Persons desiring to transit
the area of the security zone may contact the Captain of the Port via
VHF-FM channel 16 or by telephone (843) 720-3240 to seek permission to
transit the area. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his or
her designated representative.
(c) Effective period. This section is effective from 8 a.m. on
December 16, 2004, until 8 a.m. on June 1, 2005.
Dated: December 16, 2004.
David Murk,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port,
Charleston, South Carolina.
[FR Doc. 05-231 Filed 1-5-05; 8:45 am]
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