[Federal Register: August 8, 2003 (Volume 68, Number 153)]
[Proposed Rules]
[Page 47277-47279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au03-32]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD07-03-127]
RIN 1625-AA11
Regulated Navigation Areas; Charleston Harbor, Cooper River,
South Carolina
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rule making.
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SUMMARY: The Coast Guard proposes to create regulated navigation areas
for waters in the Charleston Harbor under the Highway 17 bridges and in
the Cooper River under the Don Holt I-526 bridge. These regulated
navigation areas are needed for national security reasons to help
ensure public safety and prevent sabotage or terrorist acts aimed at
these bridges that cross the main shipping channel and link the city
and port of Charleston with the mainland. Vessels would be prohibited
from anchoring, mooring, or loitering within these areas, unless
specifically authorized by the Captain of the Port, Charleston, South
Carolina or his designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before October 7, 2003.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Charleston, 196 Tradd Street, Charleston, South
Carolina 29401. Coast Guard Marine Safety Office Charleston maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be 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: Lieutenant Kevin D. Floyd, Coast Guard
Marine Safety Office Charleston, at (843) 720-3272.
SUPPLEMENTARY INFORMATION:
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 [CGD07-03-
127], 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
your submission 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 proposed rule in
view of them.
Public Meeting
We do not plan to hold a public meeting. However, you may submit a
request for a meeting by writing to the Coast Guard Marine Safety
Office Charleston at the address under ADDRESSES explaining why a
meeting would be beneficial. If we determine that a public meeting will
aid this rulemaking, a meeting will be held at a time and place
announced by separate notice in the Federal Register.
Background and Purpose
Based on the continuing threat of terrorism against the United
States, and in light of the September 11, 2001, terrorist attacks on
the World Trade Center in New York and the Pentagon in Arlington,
Virginia, there is an increased risk that terrorist action that would
adversely affect the Port of Charleston could be initiated against
bridges over the regulated navigation areas by persons on vessels or
otherwise in close proximity to these bridges. If a bridge were damaged
or destroyed, the Port of Charleston would be isolated from access to
the sea, crippling the local economy and negatively impacting national
security. These regulated navigation areas would help to protect the
safety of life and property on the navigable waters, prevent potential
terrorist threats aimed at the bridges crossing the main shipping
channels in the Port of Charleston, South Carolina, and ensure
continued unrestricted access to the sea from the Port.
Discussion of Proposed Rule
The proposed rule would establish regulated navigation areas for
the waters in the Charleston Harbor under the Highway 17 bridges and in
the Cooper River under the Don Holt I-526 bridge. These regulated
navigation areas are needed for national security reasons to promote
public safety and help to prevent sabotage or terrorist acts against
bridges in these ports. Vessels would be prohibited from anchoring,
mooring, or loitering within these areas, unless specifically
authorized by the Captain of the Port, Charleston, South Carolina or
his designated representative.
Regulatory Evaluation
This proposed 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
[[Page 47278]]
Department of Homeland Security (DHS). The Coast Guard expects the
economic impact of this proposed rule to be so minimal that a full
Regulatory Evaluation under the regulatory policies and procedures of
DHS is unnecessary, because these zones encompass only a small segment
of the waterway, and vessels are allowed to transit through these
zones. This proposed rule would simply prohibit vessels from mooring,
anchoring, or loitering within these zones unless specifically
authorized by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this rule would have a significant economic
effect 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
would not have a significant economic impact on a substantial number of
small entities. The proposed rule encompasses very limited geographic
areas encompassed by the regulated navigation areas and does not
restrict the movement or routine operation of commercial or
recreational vessels through the Port of Charleston. Additionally,
persons may request permission from the Coast Guard Captain of the Port
of Charleston to deviate from these regulations.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would affect it economically.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its proposed effects on them and participate in the
rulemaking. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact
Lieutenant Kevin D. Floyd, Marine Safety Office Charleston, at (843)
720-3272.
Collection of Information
This proposed rule would call 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 would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed 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. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
1. Add Sec. 165.715 to read as follows:
[[Page 47279]]
Sec. 165. 715 Regulated Navigation Areas; Charleston Harbor, Cooper
River, S.C.
(a) Location--(1) Highway 17 bridges. A regulated navigation area
is established for the waters around the Highway 17 bridges, to
encompass all waters of the Cooper River within a line connecting the
following points: 32[deg] 48.23'N, 079[deg] 55.3'W; 32[deg] 48.1'N,
079[deg] 54.35'W; 32[deg] 48.34'N, 079[deg] 55.25'W; 32[deg] 48.2'N,
079[deg] 54.35'W, then back to the point of origin.
(2) Interstate 526 bridge (Don Holt bridge). Another fixed
regulated navigation area is established for the waters around the
Interstate 526 bridge spans (Don Holt bridge) in Charleston Harbor and
on the Cooper River encompassing all waters within a line connecting
the following points: 32[deg] 53.49'N, 079[deg] 58.05'W; 32[deg]
53.42'N, 079[deg] 57.48'W; 32[deg] 53.53'N, 079[deg] 58.05'W; 32[deg]
53.47'N, 079[deg] 57.47'W, then back to the point of origin. All
coordinates reference 1983 North American Datum (NAD 83).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, vessels are allowed to transit through these
regulated navigation areas but are prohibited from mooring, anchoring,
or loitering within these zones unless specifically authorized by the
Captain of the Port.
(2) All vessel operators shall comply with the instructions of the
Captain of the Port or designated on-scene Coast Guard patrol
personnel. On-scene Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard.
Dated: July 29, 2003.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 03-20196 Filed 8-7-03; 8:45 am]
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