[Federal Register: August 11, 2004 (Volume 69, Number 154)]
[Rules and Regulations]
[Page 48790-48791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston-04-100]
RIN 1625-AA87
Security Zones; Charleston Harbor, Cooper River, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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 ports from potential subversive
acts during port 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 his or her designated representative.
DATES: This regulation is effective from 8 a.m. on July 23, 2004, until
8 a.m. on December 1, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (COTP Charleston 04-100) 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 a NPRM. Publishing a 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 a NPRM. Notifications will be made via marine information
broadcasts to inform the public about the existence of this security
zone.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Background and Purpose
Based on the September 11, 2001, terrorist attack 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.
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 his or her 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 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 will
not have a significant economic impact on a substantial number of small
entities
[[Page 48791]]
because the limited geographic area encompassed 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 of Charleston.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business and you have questions concerning
its provisions or options for compliance, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may also 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 requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implication 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 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. Although 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 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 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 relationships 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. 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 rule under Commandant Instruction M16475.1D,
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. 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; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary section 165.T-07-100 is added to read as follows:
Sec. 165.T-07-100 Security Zone; Charleston Harbor, Cooper River,
South Carolina.
(a) Location. The following is a security zone: All waters of the
Cooper River, from surface to bottom and bank to bank, from the Don
Holt I-526 Bridge to the intersection of Foster Creek.
(b) Regulations. (1) Vessels and persons are prohibited from
entering, transiting, mooring, anchoring, or loitering within the
security zone unless authorized by the Captain of the Port Charleston,
South Carolina or his or her designated representative.
(2) 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 July
23, 2004 until 8 a.m. on December 1, 2004.
Dated: July 23, 2004.
John E. Cameron,
Commander, U. S. Coast Guard, Captain of the Port, Charleston, South
Carolina.
[FR Doc. 04-18294 Filed 8-10-04; 8:45 am]
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