[Federal Register: May 6, 2005 (Volume 70, Number 87)]
[Proposed Rules]
[Page 23950-23953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Charleston 05-037]
RIN 1625-AA87
Security Zones; Charleston Harbor, Cooper River, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a permanent 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, South Carolina. This
security zone is necessary to protect the public and port from
potential subversive acts during port embarkation operations. During
enforcement of the security zone vessels would be prohibited from
entering, transiting, anchoring, mooring, or
[[Page 23951]]
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: Comments and related material must reach the Coast Guard on or
before May 26, 2005.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Charleston, 196 Tradd St., Charleston, SC 29401. 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 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Matthew Meskun, Chief of
Waterways Management Division at 843-720-3240.
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 (COTP
Charleston 05-037), 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 that 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 now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office Charleston at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
This security zone is necessary to protect the safety of life and
property on navigable waters and prevents potential terrorist threats
aimed at military installations during strategic embarkation
operations. The security zone would encompass all waters on the Cooper
River, South Carolina, from the Don Holt I-526 Bridge to the entrance
of Foster Creek. Two or more military vessels may be in port at the
same time, and each of these vessels requires security zones. When this
situation occurs, the security zone described above would be enforced
and would ensure greater vessel security than enforcing individual
security zones. Additionally, this proposed security zone has been in
place on a temporary basis since the terrorist attacks of September 11,
2001. The current temporary security zone, 33 CFR 165.T07-145, was
published in the Federal Register January 6, 2005 (70 FR 1187).
Discussion of Proposed Rule
The proposed security zone would encompass all waters on the Cooper
River, South Carolina, from the Don Holt I-526 Bridge to the entrance
of Foster Creek. The Charleston Captain of the Port would enforce the
security zone on the Cooper River from time to time and in the interest
of national security vessels that are carrying cargo for the Department
of Defense.
These vessels that carry DoD cargo need a level of security that
requires the Cooper River to be closed to all traffic for a short
period of time. Security assets would be on scene and mariners would be
given as much advanced notice as possible. Marine Safety Office
Charleston would notify the maritime community of closure periods via a
broadcast notice to mariners on VHF Marine Band Radio, Channel 16
(156.8 MHz), or Marine Safety Information Bulletins, or actual notice
from on scene security assets enforcing the zone.
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 Department of
Homeland Security (DHS).
We expect 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.
The limited geographic area encompassed by the security zone should
not restrict the movement of commercial or recreational vessels through
the Port of Charleston. Also, the Coast Guard Captain of the Port or
the Captain of the Port's designated representative may allow an
individual to transit the security zone subsequent to an individual's
request.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might 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 would not have a significant economic impact on
a substantial number of small entities because it would only be in
place for short periods of time on an infrequent basis. Advanced notice
would be provided to mariners so they can adjust their schedules due to
enforcement of the security zone.
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 economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its 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 LTJG Mathew Meskun
at Marine Safety Office Charleston at 843-720-3240. The Coast Guard
will not retaliate against small entities that question or complain
[[Page 23952]]
about this rule or any policy or action of the Coast Guard.
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 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 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.
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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 due to its limited duration in a fixed
area.
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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 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; 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.
2. Add Sec. 165.709 to read as follows:
Sec. 165.709 Security Zone; Charleston Harbor, Cooper River, South
Carolina.
(a) Regulated area. The Coast Guard is establishing a fixed
security zone on all waters of the Cooper River, bank-to-bank and
surface to bottom, from the Don Holt I-526 Bridge to the intersection
of Foster Creek at a line on 32 degrees 58 minutes North Latitude.
(b) Enforcement period. This section will be enforced when security
assets are on scene and Marine Safety Office Charleston has notified
the maritime community that an Enforcement Period is in effect. Marine
Safety Office Charleston will notify the maritime community by
broadcast notice to mariners on VHF Marine Band Radio, Channel 16
(156.8 MHz), or Marine Safety Information Bulletins, or actual notice
from on scene security assets enforcing the security zone.
(c) Regulations. During enforcement of the security zone described
in paragraph (a) of this section, vessels or 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.
(1) Persons desiring to transit the Regulated Area may contact the
Captain of the Port via VHF-FM channel 16 or by telephone at (843) 720-
3240 and request permission to transit the security zone.
(2) If permission to transit the security zone is granted, all
persons and vessels must comply with the instructions of
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the Captain of the Port or his or her designated representative.
Dated: April 15, 2005.
John E. Cameron,
Commander, U.S. Coast Guard, Captain of the Port, Charleston, South
Carolina.
[FR Doc. 05-9036 Filed 5-5-05; 8:45 am]
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